Resolution Number 85-3-5-3285 --
RESOLUTION NO. 85-3-5-3
DEFERRING RECEIPT OF FEE;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING THAT THE DEFERRAL OF RECEIPT OF
FEES IS OF BENEFIT TO THE DOWNTOWN CENTER
REDEVELOPMENT PROJECT AND THE IMMEDIATE
NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED
AND AUTHORIZING EXECUTION OF COOPERATION
AGREEMENT WITH THE COMMUNITY REDEVELOPMENT
AGENCY
WHEREAS, the Community Redevelopment Agency of the City
of San Juan Capistrano (the "Agency") is authorized to carry out
redevelopment activities pursuant to the Downtown Center
Redevelopment Project (the "Project"); and,
WHEREAS, the City of San Juan Capistrano (the "City")
is authorized by law to assist the Agency in the implementation
of the Redevelopment Plan for the Project Area (the
"Redevelopment Plan"); and,
WHEREAS, the City Council desires to authorize the
deferral of certain fees to facilitate the implementation of
construction activities to be undertaken pursuant to a
Participation Agreement between the Agency and WLBD (SAN JUAN
CAPISTRANO) ASSOCIATES, a California limited partnership (the
"Participation Agreement"); and,
WHEREAS, the City is to ultimately receive its fees, on
a deferred basis and with accrued interest pursuant to the terms
of the "Cooperation Agreement," which is attached hereto marked
Exhibit "A" and is incorporated herein by reference.
NOW, THEREFORE, the City Council of the City of San
Juan Capistrano does hereby resolve as follows:
SECTION 1.
This City Council finds and determines that the
deferral of fees is necessary to effectuate the purposes of the
Redevelopment Plan.
SECTION 2.
This City Council consents to the payment by the Agency
on a deferred basis of City fees with respect to all undertakings
pursuant to the Participation Agreement.
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286
SECTION 3.
The Mayor is authorized and directed to execute the
Cooperation Agreement substantially in the form attached hereto
marked Exhibit "A."
PASSED, APPROVED AND ADOPTED this 5th day of
March 1985 -
i
*Rf&d.AHAURFER, MAYO
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-3-5-3 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of
March , 1985 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL) /e
AN _ 2
117P,RY N C NOVER, TY ERK
-2-
COOPERATION AGREEMENT 287
4
THIS COOPERATION AGREEMENT is entered into this 5th
day of March 1985, by and between the CITY OF SAN JUAN
-CAPISTRANO (the "City") and the REDEVELOPMENT AGENCY OF THE
CITY OF SAN JUAN CAPISTRANO (the "Agency").
R E C I T A L S
A. The City has previously activated the Agency upon
completion of appropriate legal proceedings therefor. The
Agency is proceeding to implement the Redevelopment Plan for
the Downtown Center Redevelopment Project (the "Project").
B. The City and the Agency have undertaken proceedings to
amend the Project Area for the Project to add territory
including the "Site", which is that real property so described
in the "Participation Agreement", which is attached hereto
marked Exhibit "A" and is incorporated herein by reference.
AGREEMENTS
SECTION I:
A. City agrees to provide for Agency such staff
assistance, supplies, technical services and other services and
288
facilities of City as Agency may require in exercising
functions under the California Community Redevelopment Law.
Such assistance and services may include the services of
employees and special consultants.
8. City agrees that, contingent upon the approval by
Agency of an agreement substantially in the form of the
Participation Agreement (Exhibit "A"), and the assumption by
the Agency of the obligation to pay required City fees, the
City shall defer receipt of its fees as set forth in such
Participation Agreement pursuant to part B of Section II of
this Agreement. _
SECTION II:
A. City may, but is not required to, advance necessary
funds to Agency or to expend funds on behalf of Agency for the
preparation and implementation of a redevelopment plan
including, but not limited to, the costs of surveys, planning,
studies and environmental assessments for the adoption of a
redevelopment plan, the costs of acquisition of property within
the project area, demolition and clearance of properties
acquired, building and site preparations, public improvements
and relocation assistance to displaced residential and
non-residential occupants as required by law.
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B. City agrees to defer receipt of those fees referenced
in part B of Section I of this Agreement until such time as the
Agency reasonably determines that it has sufficient funds to
repay in whole or in part such indebtedness to the City. The
City agrees that, upon request therefor by the Agency, it shall
subordinate the indebtedness referred to in part B of Section I
to all other indebtedness heretofore or hereafter incurred by
the Agency.
SECTION III:
City will keep records of fees deferred and activities and
services undertaken pursuant to this Agreement and costs
thereof in order that an accurate record of Agency's liability
to City can be ascertained. City shall periodically, but not
more frequently than annually, submit to Agency a statement of
the costs incurred by City in performing pursuant to this
Agreement. Such statement of costs may include a pro -rata
share of expense attributable to the use of City employees and
departments where directly related to the purposes of the
Agency and allowable pursuant to sections 33678 and 33679 of
the California Health and Safety Code.
SECTION IV:
Agency agrees to reimburse City for all costs incurred for
services by City pursuant to this Agreement and other
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ebtedness of Agency to City from and to the extent that
funds are available to Agency for such purpose pursuant to
California Health and Safety Code section 33670 or from other
t
sources; provided, however, that Agency shall have the sole and
exclusive right to pledge any such sources of funds to the
repayment of other indebtedness incurred by Agency in carrying
out the redevelopment project. The costs and deferrals of City
under this Agreement will be shown on statements submitted to
Agency pursuant to Section III above. Although the parties
recognize that payment may not occur for a few years and that
repayment may also occur over a period of time, it is the
express intent of the parties that City shall be entitled to
repayment of the expenses incurred by City under this
Agreement, consistent with Agency's financial ability, in order
to make City whole as soon as practically possible.
SECTION V:
City agrees to include Agency within the terms of City's
liability insurance policy. Agency shall pay, subject to
deferral to City, its pro -rata share of the costs of insurance
applicable to its activities resulting from Agency's inclusion
in City's policy.
SECTION VI:
The obligations of Agency under this Agreement shall
constitute an indebtedness of Agency within the meaning of
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California Community Redevelopment Law sections 33670 et seq.,
e
to be repaid to City by Agency with interest at twelve percent
(12%) per annum or the maximum rate allowed by law.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date first written above.
CITY OF SAN JUAN
By
L154111an"Capistrano /
ATTEST: Gary L. Hausdorfer
APPROVED AS TO FORM:
/s/ John Shaw
City 1 of the City f�
San Juan Capistrano John Shaw, City Attorney
Mary Ann Hanover
REDEVELOPMENT AGENCY OF TTg CITY
OF SAN JUAN _CAPI3TRAN9„ 19
ATTEST:
Secretary/—�-�
Mary Ann Hanover
By:
Phillip R. Schwartze
APPROVED AS TO FORM:
/s/ Tom Clark
Tom Clark, Agency Counsel
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PARTICIPATION AGREEMENT
BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO
Wo7
WLBD (SAN JUAN CAPISTRANO) ASSOCIATES
TABLE OF CONTENTS
293
I. SUBJECT OF AGREEMENT
A. Purpose of the Agreement
B. Description of the Site
C. Parties to the Agreement
1. The Agency
2. The Participant
3. Prohibition Against Change in Ownership,
Management and Control of Participant
II. ASSEMBLY OF THE SITE _
III. DEVELOPMENT OF THE SITE
A. Development According to Terms of Approval
B. Agency Assistance
C. Bodily Injury and Property Damage Insurance;
Workers' Compensation
D. Rights of Access for Inspection of Construction
E. Local, State and Federal Laws
F. Certificate of Completion
IV. USE OF THE SITE
V. OTHER PROVISIONS
A. Obligation to Refrain from Discrimination
294
B. Form of Nondiscrimination and Nonsegregation Clauses
Table of Contents (Continued)
C. Taxes, Assessments, Encumbrances and Liens
D. Notices, Demands and Communications Between the
Parties
E. Conflict of Interest; Agency's or City's
Representatives Not Individually Liable
F. Enforced Delay, Extensions of Times of Performance
G. Titles of Sections
VI. DEFAULT, REMEDIES AND TERMINATION
A. Defaults
B. Legal Actions
C. Specific Performance
D. Applicable Law
E. Acceptance of Service of Process
F. Rights and Remedies are Cumulative
G. Inaction Not a Waiver of Default
H. Counterparts
I. Entire Agreement, Waivers and Amendments; Execution
ATTACHMENTS
Attachment
No.
1
MAP OF THE SITE
Attachment
No.
2
PARTICIPANT COV
2 9.5
PARTICIPATION AGREEMENT
THIS AGREEMENT is entered into on March c_; 1985 by and
between the REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN
CAPISTRANO, a public body corporate and politic (the "Agency"),
and the WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a California
limited partnership, (the "Participant"). The Agency and the
Participant agree as follows:
I. SUBJECT OF AGREEMENT
A. Purpose of the Agreement
The purpose of this Agreement is to facilitate the
development of the Site (as defined herein) in accordance with
this Agreement. Specifically, the Participant shall develop on
the Site a multi -family housing complex consisting of
approximately 274 units and not less than 270 units; such units
and associated improvements, which shall hereafter be
collectively referred to as the "Housing Project", all as more
particularly described in the following approvals by the City
of San Juan Capistrano (the "City"): Tentative Tract Map 12276,
Rezone 84-11 General Plan Amendment 84-1B, Growth Management
84-1, and Architectural Control 84-2 (collectively, the "Land
Use -Permits"). Such development of the Site will further the
purposes of the Community Redevelopment Law (Health and Safety
Code Section 33000 et sea.). Specifically, the Housing Project
will help to effectuate the Redevelopment Plan for the Downtown
296
Center Redevelopment Project (the "Redevelopment Project") by
providing low- or moderate -income housing,near and of benefit
to the Project Area (the "Project Area") of the Redevelopment
Project. The provision of low- or moderate -income housing
pursuant to this Agreement will benefit the Project Area and
the City and will promote the public health, safety, welfare
and morals.
The City and the Agency agree to use best efforts to
institute and conduct appropriate proceedings to amend the
Project Area to include the Site. It is intended that
development of the Site, pursuant to this Agreement, will also
provide a resource that may assist the Agency in furnishing
replacement/relocation housing necessitated by Agency actions
unrelated to the subject matter of this Agreement.
B. Description of the Site
The "Site" is all of the real property shown on the
Map of the Site, which is incorporated herein and attached
hereto as Attachment No. 1.
C. Parties to the Agreement
1. The Agency
The Agency is a public body, corporate and
politic, exercising governmental functions and powers,
organized and existing under the Community Redevelopment Law of
the State of. California.
The principal office of the Agency is located
at 32400 Paseo Adelanto, San Juan Capistrano, California
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92675. "Agency", as used in this Agreement, includes the
Redevelopment Agency o£'the City of San Juan Capistrano,
California, and any successor to its rights, powers and
responsibilities.
2. The Participant
Participant is a California limited partnership.
The address of the Participant for the purpose
of this Agreement is WLBD c/o William Lyon Company, 19
Corporate Plaza, Newport Beach, California 92660, Attn: John
Markley.
3. Prohibition Against Change in Ownership,
Management, and Control of Participant. Participant recognizes
that, in view of
(a) the importance of the redevelopment of the
,Site to the general welfare of the community;
(b) the substantial financing and other public
aids that have been made available by law and by the
government for the purpose of making such redevelopment
possible; and
(c) the fact that a change in ownership or
control of Participant or of a substantial part thereof,
or any other act or transaction involving or resulting in
a significant change in ownership or control of
Participant or the degree thereof, is for practical
purposes a transfer or disposition of the property then
owned by the Participant;
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the qualifications and identities of Part;cipant, and its
principals, are of particular concern to City and Agency. It
is because of those qualifications and identities that. Agency
has entered into this Agreement with Participant. No voluntary _
or involuntary successor in interest of Participant shall
acquire any rights or powers under this Agreement except set
forth herein.
Prior to the date Agency is required to issue a
Certificate of Completion of construction as hereinafter
provided, Participant shall not, except as expressly permitted
by this Section IC3, assign all or any part of this Agreement
or sell, transfer, convey, assign or lease (hereinafter
"Transfer") the whole or any part of the Site or the
improvements on the Site without the prior written approval of
Agency. This prohibition shall not apply to any of the
following:
(i) Any mortgage, deed of trust, sale and leaseback
or other form of conveyance required for any reasonable method
of financing the direct and indirect costs, including financing
costs, interest and commissions, of acquiring, developing,
leasing and operating the improvements to be constructed on the
Site and any other expenditures necessary and appropriate to
acquire, develop, lease and operate the Site pursuant to this
Agreement.
(ii) The dedication of portions of the Site to the
City or other appropriate governmental agency, or the granting
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of easements or permits,to.facilitate the development of the
Site.
(iii) The prior leasing of any of the units pending
completion of the improvements.
(iv) Transfers resulting from the death or mental or
physical incapacity of an individual.
(v) A transfer or assignment in trust for the
benefit of a spouse, children, grandchildren or other family
members.
(vi) A transfer of stock resulting from or in
connection with a reorganization as contemplated by the
provisions of the Internal Revenue Code of 1954, as amended or
otherwise, in which the ownership interests of a corporation
are assigned directly or by operation of law to a person or
persons, firm or corporation which acquires the control of the
voting capital stock of such corporation or all or
substantially all of the assets of such corporation.
(vii) A transfer of stock in a publicly held
corporation or of the beneficial interest in any publicly held
partnership or real estate investment trust.
(viii) A transfer or assignment from one partner or
joint venturer in Participant to another or, if tenant is a
corporation, from one shareholder to another; provided that.the
assignee assumes personal liability for the obligations of the
transferring or assigning partner, joint venturer or
shareholder.
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300 (ix) A transfer to an "affiliated entity,° i.e., one
las
in which a miriiahtm of fifty-one percent "(51%) of the beneficial
interest is owned and controlled by the same person(s).who have
the beneficial interest in the transferor. -
In the absence of specific written agreement by Agency,
no transfer by Participant shall be deemed to relieve it or any
successor party from any obligations under this Agreement until
the date Participant or such successor is entitled to a
Certificate of Completion with respect to the Site. No
assignment of any of Participant's obligations shall be
effective unless and until the successor party executes an
assumption agreement in form -and content satisfactory to Agency
assuming such obligations.
The restrictions of this Section IC3 shall terminate upon
the date Participant is entitled to the issuance and
recordation by Agency of a Certificate of Completion therefor.
Notwithstanding any other provisions hereof, Participant
reserves the right, at its discretion, to join and associate in
a joint venture, partnership or similar arrangement, for the
purpose of financing the acquisition and development of the
Site and, in that connection, Participant shall be entitled to
convey or contribute the Site to such entity and assign to such
entity some or all of its rights under this Agreement;
provided, however, that (i) any such assignee entity shall
execute an assumption agreement in form and content
satisfactory to Agency assuming the obligations of Participant
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under this Agreement consistent with its interest, and (ii)
J_
-Participant shall rem*irt- joiwi y anis: soups ly responsible to
Agency as provided in this Agreement with respect to all
obligations pertaining to the Site.
In considering whether it will grant approval to any
assignment by Participant of its interest in the Site, which
assignment requires Agency approval, Agency shall consider
factors such as (i) the financial strength and capability of
the proposed assignee to perform Participant's obligations to
be assumed and (ii) the proposed assignee's experience and
expertise in the planning, financing, development, ownership
and operation of similar projects. The Agency shall not
unreasonably refuse to approve an assignment.
All of the terms, covenants and conditions of this
Agreement shall be binding upon and shall inure to the benefit
of the Participant and the permitted successors and assigns of
the Participant. Whenever the term "Participant" is used
herein, such term shall include any other permitted successors
and assigns as herein provided.
II. ASSEMBLY OF THE SITE
The Participant represents and warrants to each of the
Agency and the City that the Participant has fee simple
ownership of the Site as of the execution by the Participant of
this Agreement.
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III. DEVttOPMENT-OF THE SITE
A. Development According to Terms of Approval
The Participant shall develop the Site in accordance
with the terms of the City's Land Use Permits. All
discretionary land use approvals necessary for the development
of the Housing Project have been obtained by the Participant.
The Participant shall be required to pay all fees of the
Agency, the City, and the Capistrano Valley Water District (the
"CVD") applicable to the development of the Housing Project
(including without limitation, fees for processing of maps,
plan check, building permits, water and sewage connection, and
park and recreation). The Participant will proceed with
diligence to complete construction of the Housing Project at
the earliest possible time, but in no event later than October
1, 1987.
B. Agency Assistance
1. At the request of the City and Agency, the
Participant has previously paid certain development fees for
the Housing Project and development of the Site to the Agency
instead of the City and the CVD. Future City development and
building fees with respect to the Site shall likewise be paid
to the Agency. Unless a specific time for payment of a fee is
set forth in this Agreement, which specific time shall be
controlling, the participant shall make such payments in the
amounts and at the times that would otherwise be required by
the City if such payments were to be made to the City and CVD.
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a03
The Agency agrees to assume all of the Participant,,'„s
obligations to make such payments to the City and the CVD of
fees imposed by the City and CVD upon the development
activities set forth in this Agreement but not including the
"Saddleback Fee", as defined in Section III B 2 of this
Agreement.
2. The Participant recognizes that the Saddleback
Valley Community College District (the "District") has, with
the cooperation of the City and the Agency, established a fee
of Seven Hundred Dollars ($700) per residential lot applicable
to development activities such as those proposed in this
Agreement (the "Saddleback Fee"), which Fee is normally
applicable by its terms to the development of certain property
when that property is included as part of a redevelopment
project area. The Participant agrees to make payment of the
Saddleback Fee to the Agency; provided that in no event shall
the responsibility of the Participant for the payment of the
Saddleback Fee (or equivalent amount) exceed the amount of
Seven Hundred Dollars ($700) per unit for cost of the 274 units
to be constructed on the Site. The sum of One Hundred
Ninety -One Thousand Eight Hundred Dollars ($191,800), which is
the product of $700 and 274, shall be paid by the Participant
to the Agency within ten (10) days after the Agency executes
this Agreement. Upon receipt of the sum of One Hundred
orrsr
Ninety -One Thousand Eight Hundred Dollars ($191,800) from the
Participant, the Agency shall hold the Participant harmless
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xpm any liability or. respjknsibility for payvant� o#i:ths
Saddleback Fee as to the-. 274 units to b&,' constructed on the:•.
Site.
3. Conditioned upon (i) the Participant not being
in default of its obligations under this Agreement and (ii)
completion of proceedings providing for inclusion of the Site
within a redevelopment project area providing for tax increment
financing, the Agency agrees to pay to the Participant for -the
term specified below the "Net Site Increment" as hereinafter
defined.
As used herein, the term "Site Increment" shall mean
the amount of the net property tax revenues allocated to and
received by the Agency with respect to the Site in accordance
with California Health & Safety Code §33670(b) from and after
the date that the Site is included within a redevelopment
project area pursuant to a redevelopment plan making tax
increment financing applicable to the Site. The term "Net Site
Increment" shall refer to the gross amount of Site Increment
received by the Agency with respect to the Site, less that
amount resulting by subtracting from such Site Increment an
amount produced by applying the percentage of its total tax
increment revenues from the Project Area in the fiscal year in
question which the Agency may have agreed to pay to affected -
taxing agencies pursuant to California Health & Safety Code
§33401.
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The first payment of Net Site Increment from thb-
Ngency tal�%if1c'ipaii� Aiff-I i � made within �hi'rt� i3O) da"ys
after the first receipt by the Agency of Net Site Increment
'following the Agency's issuance of a Certificate of Completion
for the Sousing Project pursuant to Section III F of this
Agreement. Thereafter, provided that the Participant is not in
`=default of its obligations under this Agreement, the Agency
ashall continue to make payments of the Net Site Increment _W
within thirty (30) days after the Agency receives payments of
Net Site Increment. Payments shall continue until the earlier
of the following two occurrences: (i) payments have been made
for a period of eleven (11) years total or (ii) assuming that
the Participant had loaned the Agency the sum of Nine Hundred
Sixty -Six Thousand Eight Hundred Dollars ($966,800) as of
February 1, 1985, the amount of the Net Site Increment paid to
the Participant would be sufficient to fully amortize such a
loan amount with interest calculated at the rate of eleven
percent (11%) per annum.
In the event that and for so long as the Site is not
included within a redevelopment project area, the Agency shall
have no obligation to make any payment to the Participant
except that the Agency shall repay to the Participant from tax
increment revenues of the existing Project Area on or before
the fifth (5th) anniversary date of the execution of this
Agreement an amount equal to the Saddleback Fee, plus interest
thereon at the rate of eleven percent (11%) simple per annum;
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provided that the Agency shall have. no other obligation to.make
payment from such tax inerement4 revenue "from any area included
r.
as of the execution of this Agreement ab part of the Project
Area. In the event that the Site is included within a Project
Area, then, not withstanding anything to the contrary contained
in this Agreement, the Agency shall have no obligation to make
t, ry
any payment to the Participant pursuant to this Agreement
except from Net Site Increment.
The City shall have no monetary or other obligations
by virtue of this Agreement.
C. Bodily Iniury and Property Damage Insurance;
Worker's Compensation
Prior to the commencement of any construction
hereunder, the Participant shall obtain a policy of
comprehensive bodily injury and property damage liability
insurance and maintain such policy in effect until the final
Certificate of Completion provided for in this Agreement has
been issued, providing coverage for bodily injury and property
damage in the minimum amount of One Million Dollars
($1,000,000.00) combined single limit per occurrence. The
policy shall name, as additional assured, the Agency, the City,
and their officers and employees while acting within the _scope
of their duties, against all claims, suits or other actions of
any nature brought for or on account of any deaths, injuries,
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'idimage -or ldars aYising oul;,Eof or connected with the work of
this Ag
fit.ree. ��.
=''a"ljarticipax3tr'tnder ment.
+::'= Participant shall furnish Agency a certificate of
insurance from the insurer evidencing compliance with this
*ragraph and providing that the insurer shall not cancel or
i&dify the policy without thirty (30) days' written notice to
Agency. Participant shall give Agency prompt and timely notice
of any claim made or suit instituted with respect to the Site
or work performed on the Housing Project. Agency, City and
their officers and employees shall also be named as additional
insured in any policies of Participant's contractors covering
work under this Agreement, and such policies shall comply with
this paragraph.
Participant shall comply with all of the provisions
of the Worker's Compensation Insurance and Safety Acts of the
State of California, the applicable provisions of Divisions 4
and 5 of the California Labor Code, and all amendments thereto,
and all similar State or Federal acts or laws applicable, and
Participant shall hold Agency and City harmless from any claims
arising thereunder. Participant shall furnish to Agency a
certificate of Worker's Compensation insurance providing that
the insurer shall not cancel or modify the policy without
thirty (30) days' prior written notice to Agency. In the
alternative, Participant may show proof of a certificate of
consent to self -insure issued by the Director of Industrial
Relations according to California Labor Code Section 3800.
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R ns
Representativs*7pf. the Agency and the City shall
have the right to access to the Site, without charges or fees,
at normal working hours during the period of construction for
D.
the purpose of the inspection of the work being performed in
constructing the improvements (provided that such
representatives comply with job -site safety rules). Such
representatives of the Agency shall be City employees who
normally carry out such functions or persons who are so
identified in writing by the Chief Executive Officer of the
Agency.
E. Local, State and Federal Laws
The Participant shall carry out the construction of
the improvements in conformity with all the applicable laws and
regulations.
F. Certificate of Completion
1. Promptly after completion of all construction
to be carried out by the Participant upon the Site, the Agency
shall furnish the Participant with a Certificate of
Completion. Such Certificate of Completion shall be conclusive
determination of satisfactory completion of the construction
required by this Agreement upon said Site, and of full
compliance with the terms hereof with respect to said Site.
After issuance of such Certificate of Completion, any party
then owning or thereafter purchasing, leasing or otherwise
s�
acquiring any interest therein shall not (because of such
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ownership, purchase,--lesse or acquisition), incur any
obligation or liability witk r'esotct to the r-onstruction of the
Housing Project.
In no event will this Certificate of Completion
process prevent the occupancy of individual residential units
by Participant or its tenants.
+z 2. If the Agency refuses or fails to furnish a
Certificate of Completion after written request from the
Participant, the Agency shall, within ten (10) days after
receipt of said written request, provide the Participant with a
written statement of the reasons the Agency refused or failed
to furnish a Certificate of Completion. The statement shall
also contain the Agency's opinion of the action the Participant
must take to obtain a Certificate of Completion. If the
reasons for such refusal are confined to the immediate
unavailabilty of specific items or materials for landscaping or
beautification, the Agency will issue its Certificate of
Completion upon the posting of a bond by the Participant with
the Agency in an amount representing a fair value of the work
not yet completed.
3. Such Certificate of Completion shall not
constitute evidence of compliance with or satisfaction of any
obligation of the Participant to any entity providing
construction loan financing, contract or subcontract
services,or any other form of obligation. Such Certificate of
Completion is not a certificate of occupancy or a notice of
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completion as referred to in theCali#gorni.a Civil, Code, Section
Z 3093.
IV
USE OF THE SITE
The Participant shall develop the Site as a housing
project in conformity with the Land Use Permits and the
Participant shall comply with legal limitations imposed by the
use of bond financing.
The Participant additionally agrees that not less than
twenty percent (20%) of the units of the Housing Project shall
be devoted to use for low- or moderate -income housing (meeting
the criteria referenced in Section 33334.2 of the Health and
Safety Code) for the period equal to the greater of (i) twelve
(12) years or (ii) the period required pursuant to any bonds
used to finance the Housing Project.
The Participant further agrees to cooperate with the
Agency (insofar as permitted by law, including any conditions
imposed by virtue of the use of mortgage revenue bond
financing) to provide a preference in leasing to tenants
referred by the Agency who may have been displaced or seek
relocation from elsewhere in the Project Area. Such preference
shall apply to any of the forty (40) affordable units which may
be available at the time. The rents to be charged shall be
•consistent with the Regulatory Agreement by and among the
County of Orange, the Bank of California, N.A., and WLBD '(San
Juan Capistrano) Associates, a California limited partnership.
02-13-85
3478p/2299/00
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r
X11
The Agency shall slvise the ftrticipant when the Agency has or
will have a need for units. Such notice will be provided on a
periodic basis, such as every six months. The Participant will
cooperate in attempting to accommodate the Agency and any
persons referred by the Agency as hereinabove provided. This
covenant shall remain in effect for the duration of the
Regulatory Agreement.
Within sixty (60) days after the execution of this
Agreement, the Participant shall execute and cause the
" recordation of the "Participation Covenants" which are attached
hereto, marked Attachment No. 2, and incorporated herein by
this reference.
V. OTHER PROVISIONS
A. Obligation to Refrain from Discrimination
Insofar as consistent with the terms of any bond
financing, there shall be no discrimination against or
segregation of any person, or group of persons, on account of
sax, race, color, religion, national origin, marital status or
ancestry in the sale, lease, sublease, transfer, use occupancy,
tenure or enjoyment of the Housing Project, nor shall the
Participant itself or any person claiming under or through it
establish or permit any practice or practices of discrimination
or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants,
02-13-85
3478p/2299/00 -17-
312
sublessees or vendees. Zhe covenants sety,foxth in this
Article V,zhall zemain in' eifect in perpetuity.
B. Form of Nondiscrimination and Nonsegregation Clauses
Insofar as consistent with the terms of any bond
financing, the Participant shall refrain from restricting the
use, occupancy, rental, sale or lease of the Site or the im-
provements thereon or any portion thereof on the basis of sex,
race, color, religion, ancestry, marital status or national
origin of any person. Any deed, lease or contract entered into
between Participant and Agency in furtherance of this
Agreement, shall contain or be subject to substantially the
following nondiscrimination or nonsegregation clauses:
1. In deeds: "The Grantee herein covenants by and
for himself or herself, his or her heirs, executors, adminis-
trators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of
race, color, creed, religion, sex, marital status, national
origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of -the land herein conveyed, nor
shall the grantee himself or any person claiming under or
through him or her, 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, subtenants, sublessees or vendees in the land herein
conveyed. The foregoing covenants shall run with the land."
02-13-85
3478p/2299/00 -18-
313
2- _ In. leases: =.,"The Lea.Bee herein covenants by and
for himself or herself-,- his- or-d?ft_- heirw;- •executors; ` adminis-
trators and assigns and all persons claiming under or through
him or her and this lease is made and accepted upon and subject
to the following conditions: That there shall be no discrimin-
ation against or segregation of any person or group of persons
,.,on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry, in the leasing, subleasing, trans-
ferring, use, or enjoyment of the land herein leased, nor shall
the lessee himself, or any person claiming under or through him
or her, 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,
sublessee, subtenants or vendees in the land herein leased."
3. In contracts: "There shall be no discrimination
against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status,
national origin, or ancestry, in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the land, nor
shall the transferee himself or herself, or any person claiming
under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with
reference to the selection, location, number use or occupancy
of permits, tenants, lessees, subtenants, sublessees or vendees
of the land."
02-13-85
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314
C. Taxes Assessments Encumbrances and;Li:en.
Without prejudice to the right of the Participant to
protest or appeal the determination or imposition of taxes, the
Participant shall pay when due all real estate taxes and
assessments assessed and levied upon the Site or arising from
this Agreement for the duration of the Redevelopment Plan.
D. Notices Demands and Communications Between the
Parties
Written notices, demands and communication between
the Agency and the Participant shall be sufficiently given if
delivered personally to the other party or dispatched by
registered or certified mail, postage prepaid, return receipt
requested, to the principal office of the Agency and to the
local office of the Participant as specified in Section I C of
this Agreement. Such written notices, demands and
communications may be sent in the same manner to such other
addresses as either party may from time to time designate by
mail as provided in this Section. Mailed notices shall be
effective three (3) business days after deposit in the mail.
E. Conflict of Interest• Agency's or City's
Representatives Not Individually Liable
No member, official or employee of the Agency or the
City shall have any personal interest, direct or indirect, in
this Agreement; nor shall any such member, official or employee
participate in any decision relating to this Agreement that
affects his personal interest or the interest of any
02-13-85
3478p/2299/00 -20-
315
corporatidn,,,-gartnerahip or -Association --in which he is,
directly or indirectly, interested. No member'Fofficial or
employee of the Agency or the City shall be personally liable
to Participant or any successor in interest in the event of any
default or breach by the Agency or the City, or for any amount
that may become due to Participant or successor for any
obligation under the terms of this Agreement.
F. Enforced Delay, Extensions of Times of Performance
Performance by either party hereunder shall not be
deemed to be in default where delays or defaults are due to
war, insurrection, strikes, lockouts, riots, floods,
earthquakes, fires, casualties, acts of God, acts of public
enemy, epidemics, quarantine restriction, freight embargoes,
lack of transportation, governmental restriction or priority or
acts by a governmental agency or entity excepting the City's
growth management allocation system (other than the act or
failure to act of the Agency or City shall not excuse
performance by the Agency), litigation, unusually severe
weather, inability to secure necessary labor, materials or
tools, delays of any contractor, subcontractor or supplier, or
any other cause beyond the control of the party seeking to be
excused. An extension of time for any such cause shall only be
for the period of the enforced delay. Times of performance
under this Agreement may also be extended in writing by the
Agency and the Participant.
02-13-85
3478p/2299/00 -21-
316
G. Titles of Sections
Any titlesnof the several Sections of this Agreement
are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
VI. DEFAULT, REMEDIES AND TERMINATION
A. Defaults
Subject to the extensions of time set forth in
Section VF, failure or delay by either party to perform any
term or provision of this Agreement constitutes a default under
this Agreement; however, if the party who so fails or delays
commences to cure, correct or remedy such failure or delay
within thirty (30) days after receipt of a notice specifying
such failure or delay, and shall diligently prosecute such
cure, correction or remedy to completion, then such party shall
not be in default.
The injured party shall give written notice of default to
the party in default, specifying the default complained of by
the injured party. Except as required to protect against
further damages, the injured party may not institute
proceedings against the party in default until thirty (30) days
after giving such notice. Failure or delay in giving such
notice shall not constitute a waiver of any default, nor shall
it change the time of default.
Except as otherwise expressly provided in this
agreement, any failure or delay by either party in asserting
02-13-85
3478p/2299/00 -22-
31'7
any of its remedies as to any default . shall not operate as a
_ _
waiver of any default or of any such rights or remedies or
deprive either such party of its rights to institute and
maintain any actions or proceedings which it may deem necessary
to protect, assert or enforce any such rights or remedies.
B. Legal Actions
In addition to any other rights or remedies, either
party may institute legal action to cure, correct or remedy any
default, or recover damages for any default, or to obtain any
other remedy consistent with the purpose of this Agreement.
Such action shall not be brought unless the party seeking to
institute proceedings has delivered or served written notice of
default on the other party not less than thirty (30) days prior
to filing suit.
Such legal actions must be instituted in the
Superior Court of the County of Orange, State of California, in
an appropriate Municipal Court in the County, or in the Federal
District Court in the Central District of California.
C. Specific Performance
If the Participant or the Agency defaults under any
of the provisions of this Agreement, the nondefaulting party
shall serve written notice of such default upon the defaulting
party. If the default is not cured by the defaulting party
within thirty (30) days of the service of the notice of
default, the nondefaulting party, at its option, may institute
02-13-85
3478p/2299/00 -23-
318
an action for specific performance of the terms.of this
Agreement.
D. Applicable Law
The laws of the State of California shall govern the _
interpretation and enforcement of this Agreement, except as to
matters governed by federal laws and regulations.
E. Acceptance of Service of Process
In the event that any legal action is commenced by
the Participant against the Agency, service of process on the
Agency shall be made by personal service upon the Chief
Executive Officer of Chairman of the Agency, or in such other
manner as may be provided by-law.
In the event that any legal action is commenced by
the Agency against the Participant, service of process on the
Participant shall be made by personal service upon any
authorized agent or person authorized by law to receive service
of process for the Participant (or a successor) and shall be
valid whether made within or without the State of California,
or in such other manner as may be provided by law.
F. Rights and Remedies are Cumulative
Except as otherwise expressly stated in this
Agreement, the rights and remedies of the parties are
cumulative; and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it,
at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
02-13-85
3478p/2299/00 -24-
319
G. Inaction Not a Waiver of Default
Any failures or delays by either party in asserting
any of its rights and remedies as to any default shall.not
operate as a waiver of any default or of any such rights or
remedies or deprive either such party of its right to institute
and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or
remedies.
H. Counterparts
This Agreement is executed in three (3)
counterparts, each of which is deemed to be an original.
I. Entire Agreement, Waivers and Amendments; Execution
The Agreement integrates all of the terms and
conditions mentioned herein or incidental thereto, and
supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter
thereof.
All waivers of the provisions of this Agreement must
be executed in writing by the appropriate authorities of the
Agency or the Participant and all amendments hereto must be
executed in writing by the appropriate authorities of the
Agency and the Participant.
This Agreement, when executed by the Participant and
delivered to the Agency, must be authorized, executed and
delivered by the Agency within thirty (30) days after the date
of execution by the Participant or this Agreement shall be
02-13-85
3478p/2299/00 -25-
320
void, except to the extent that the Participant shall consent
in writing to a further extension of time for the authorization,
execution and delivery of this agreement. The date of this
Agreement shall be the date when the Agreement shall have been -
signed by the Agency.
IN WITNESS WHEREOF, the Agency and the Participant have
duly executed this Agreement as of the date first above written.
Date March 5 1985
ATTEST:
THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN JUAN CAPISTRANO
Phillip A. Schwartze
APPROVED AS TO FORM:
OU /s/ Tom Clark
1� /ten
AgeA y erk / d Tom Clark, Agency Counsel
Mary Ann Hanover
WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a
California limited partnership
By: L/M NO. 1 (SAN JUAN CAPISTRANO)
ASSOCIATES, a California limited
partnership, general partner
By: L/M NO.1 (SAN JUAN CAPISTRANO),
INC., a California corporation,
general partner
By: _
Its:
By:
Its:
02-13-85
3478p/2299/00 -26-
STATE OF CALIFORNIA
COUNTY OF ORANGE
321
c On 1985, before me, the undersigned
a Notary Public in and for said State, personally appeared
, known to me or proved to me on the basis
of satisfactory evidence to be the of L/M
NO. 1 (SAN JUAN CAPISTRANO), INC., a California corporation, a
general partner of L/M NO. 1 (SAN JUAN CAPISTRANO) ASSOCIATES,
a California limited partnership, a general partner of WLBD
(SAN JUAN CAPISTRANO) ASSOCIATES, a California limited
partnership, the partnership that executed the within
instrument, and acknowledged to me that he executed the same on
behalf of L/M NO. 1 (SAN JUAN CAPISTRANO), INC., a California
corporation, that L/M No. 1 (SAN JUAN CAPISTRANO) INC. executed
the same as general partner of L/M NO. 1 (SAN JUAN CAPISTRANO)
ASSOCIATES, a California limited partnership, that L/M NO. 1
(SAN JUAN CAPISTRANO) ASSOCIATES executed the same as general
partner of WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a California
limited partnership and that WLBD (SAN JUAN CAPISTRANO)
ASSOCIATES executed the same.
WITNESS my hand and official seal.
Notary Public
02-13-85
3478p/2299/00
U0 9 11 UO
22 IN TME CITY OF BAN JUAN CAP,sTRANO, COUNTY OF ORANGE,
STA,'li;E •OF-ywA IFORNIA
1 .,..:
AP %S•'O� OENOE .
CONSUI-TANTS O.F SOUTHEAN CAUFOANIA rTE t ��„� 22219
A MANK S. ANOE"ON, R.C.E. 26821bn „� 1 i'3ti 13
SEPTEMBER, 1980 '""tl"'^m"^'^'^n'>z u,•r
�Oa,�arvne.wia
uao
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r 1'
y \ d/ MT.•1
IC y�{� � R16� .�JIy � �/'vn•I YI'.
'i .� P,4.PCEL 1, kair ( / � :t ate' Y ::'•`(.'..•...
6y r
:,;.I. � d'N�fi� 1'� der w. i_., •w• -'�
ter_
SAN 2� -
I
It's is not a survey of thr land, but is comoiled for information anly, nor is it a part of the report ar policy
to .•hich it may be attached. ATTACHMENT NO. 1
323
ATTACHMENT -NO. -2
PARTICIPANT COVENANTS
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
Redevelopment Agency of the )
City of San Juan Capistrano )
San Juan Capistrano )
California 92675 )
(Space above for recorder's use only)
WHEREAS, WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a
California limited partnership (the "Covenantor"), and the
REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO (the
"Agency") have entered into a certain Participation Agreement
dated March 5 , 1985 (the "Agreement", a copy of which is on
file with the Agency at its offices and which is incorporated
herein by reference) pursuant to which the Covenantor has
agreed to subject certain real property belonging to the
Covenantor (which property.is referred to as the "Affected
Property", and is described in the "Legal Description of the
Affected Property", which is attached hereto as Exhibit A and
incorporated herein) to certain covenants; and
WHEREAS, the enforcement of said covenants will ensure
proper implementation of the Redevelopment Plan for the Agency
(the "Redevelopment Plan"), and will, therefore, benefit the
Agency and the City of San Juan Capistrano (the "Covenantee");
and
WHEREAS, the Covenantee is the owner of that real
property described in Exhibit B hereto as the "Benefitted
Property" (which Exhibit B is attached hereto and incorporated
herein); and
WHEREAS, the Benefitted Property shall be benefitted
and the Affected Property shall be affected by the covenants
herein contained; and
WHEREAS, the Covenantor and the Covenantee intend that
the Benefitted Property be deemed a dominant tenement and that
the Affected Property be deemed a servient tenement if
necessary or convenient to maintain the enforceability or '
effectiveness of the covenants herein contained; and
02-13-85 Attachment No. 2
3478p/2299/00 Page 1 of 3
324
=*"- MHERFAS, the Co ityRsdevelopmenti3,ara (California
Malth & Safety Code §33000 et'seec.y provides that a
'redevelopment agency shall establish covenants -running with the
land in furtherance of the relevant redevelopment plan;
NOW, THEREFORE, the Covenantor agrees and covenants as
follows:
1. Covenantor agrees for itself, and its successors
-and assigns, and every successor in interest to the Affected
Property, or any part thereof that:
(a) The Covenantor, and such successors and
assigns shall comply with provisions of the Regulatory
Agreement entered into by and among the County of
Orange, the Bank of California N.A., and WLBD (San
Juan Capistrano) Associates, a California limited
partnership dated as of November 1, 1984 (the
"Regulatory Agreement"), for the time set forth
therein;
(b) The Covenantor, and such successors and
assigns shall cooperate with the Agency (insofar as
permitted by law, including any conditions imposed by
virtue of the use of mortgage revenue bond financing)
to provide a preference in leasing to tenants referred
by the Agency who may be displaced or seek relocation
from elsewhere in the Project Area. Such preference
shall apply to any of the forty (40) affordable units
which may be available at the time. The rents to be
charged shall be consistent with the Regulatory
Agreement by and among the County of Orange, the Bank
of California, N.A.; and WLBD (San Juan Capistrano)
Associates, a California limited partnership. The
Agency shall advise the Participant when the Agency
has or will have a need for units._ Such notice will
be provided on a periodic basis, such as every six
months. The Participant will cooperate in attempting
to accommodate the Agency and any persons referred by
the Agency as hereinabove provided. This covenant
shall remain in effect for the duration of the
Regulatory Agreement; and
(c) There shall be no discrimination against or
segregation of any person or group of persons on
account of race, color, creed, religion, sex, marital
status, national origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of the Affected Property, nor shall the
Covenantor itself or any person claiming under or
02-13-85 Attachment No. 2
3478p/2299/00 Page 2 of 3
325
3:hrataiglr_thv arta or:.t blish or q*ra- any such
un]a iWtul practice or prAc=ces of discrimination .Q$
4:1-- segregation with reference to the selection, location,
number, use or occupancy of tenants, lessee,
subtenants, sublessees, or vendees in the Affected
Property. All deeds, leases, or contracts for the
sale, lease, sublease or other transfer of the
Affected Property shall contain such non-discrimin-
ation provisions. The foregoing covenants as set
forth in this part (c) of Section 1 shall run with the
land and shall remain in effect in perpetuity.
2. Agreements and covenants contained herein shall
be covenants running with the land and shall, in any event, and
without regard to technical classification or designation,
legal or otherwise, except only as otherwise specifically
provided in the Agreement, be binding, to the fullest extent
permitted by law and in equity with the benefit and in favor
of, and enforceable by, the Agency, its successors and assigns
and the Covenantee and its successors and assigns as to the
Benefitted Property, or any part thereof, against the
Covenantor, its successors and assigns and every successor in
interest to the Affected Property, or any part thereof or any
interest therein.
wLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a
California limited partnership
By: L/M NO. 1 (SAN JUAN CAPISTRANO)
ASSOCIATES, a California limited
partnership, general partner
By: L/M NO.1 (SAN JUAN CAPISTRANO),
INC., a California corporation,
general partner
By:
Its:
By:
Its:
02 -13 -SS Attachment No. 2
3478p/2299/00 Page 3 of 3
326
STATE OF CALIFORNIA r)
sa.
COUNTY OF ORANGE )
On , 1985, before me, the undersigned
a Notary Public in and for said State, personally appeared
, known to me or proved to me on the basis
of satisfactory evidence to be the of L/M
NO. 1 (SAN JUAN CAPISTRANO), INC., a California corporation, a
general partner of L/M NO. 1 (SAN JUAN CAPISTRANO) ASSOCIATES,
a California limited partnership, a general partner of WLBD
(SAN JUAN CAPISTRANO) ASSOCIATES, a California limited
partnership, the partnership that executed the within
instrument, and acknowledged to me that he executed the same on
behalf of L/M NO. 1 (SAN JUAN CAPISTRANO), INC., a California
corporation, that L/M NO. 1 (SAN JUAN CAPISTRANO), INC.,
executed the same as general partner of L/M NO. 1 (SAN JUAN
CAPISTRANO) ASSOCIATES, a California limited partnership, that
L/M NO. 1 (SAN JUAN CAPISTRANO) ASSOCIATES executed the same as
general partner of WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a
California limited partnership and that WLBD (SAN JUAN
CAPISTRANO) ASSOCIATES executed the same.
WITNESS my hand and official seal.
Notary Public
02-13-85
3478p/2299/00
FORM 100.29 (MODIFIED)
ENDORSEMENT
ATTACHED TO POLICY NO. 6707 72—A
Fee$ 3,194.00
327
ISSUED BY
Ticor Title Insurance Company of California
S
v
THE COMPANY INSURES THE INSURED AGAINST LOSS WHICH THE ;r
INSURED SHALL SUSTAIN BY REASON OF
THE EXERCISE OF ANY RIGHT TO USE THE SURFACE OF SAID
LAND FOR THE EXTRACTION OR DEVELOPMENT OF THE MINERALS
EXCEPTED FROM THE DESCRIPTION OF SAID LAND OR SHOWN AS
A RESERVATION IN SCHEDULE S.
The total liability Of the Company under said policy and any endorsements therein shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This endorsement is made a part of said policy and is subject to the schedules, conditions
and stipulations therein, except as modified by the provisions hereof.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
By President
Attest Secretary
ENDORSEMENT A
EXHIBIT A
Page 1 of 2
Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009
L
SCHEDULE C
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
,PARCEL f, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF
iCALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 153 PAGES 12 TO 14 INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
(EXCEPTING THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS ANI
OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND TOGETHER WITH
ONE-HALF OF ALL RENTALS, ROYALTIES, BONUS PAYMENTS AND OTHER THINGS OF VAL_UE,
HOW OR HEREAFTER ACCRUING FROM SAID UNDIVIDED ONE-HALF INTEREST, IN AND TO
SAID SUBSTANCES, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND
AND WIFE, BY DEED RECORDED JUNE 8, 1956 IN BOOK 3538 PAGE_ 550 OF OFFICIAL
',RECORDS AND RE-RECORDED JULY 20, 1956 IN BOOK 3584 PAGE 339 OF OFFICIAL
jRECORDS.
EXHIBIT A
Page 2 of 2
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
331
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 7th day of March 1985 ,
she caused to be posted:
being:
RESOLUTION NO. 85-3-5-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING THAT THE DEFERRAL OF RECEIPT OF
FEES IS OF BENEFIT TO THE DOWNTOWN CENTER
REDEVELOPMENT PROJECT AND THE IMMEDIATE
NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED
AND AUTHORIZING EXECUTION OF COOPERATION
AGREEMENT WITH THE COMMUNITY REDEVELOPMENT
AGENCY
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
CHECK LIST
ORD. NO-......... RFS. NOeS 3-53
.... ---- Mayor has signed
.... ----- Clerk has signed
i
.._,,,<..... City Seal stamped
.............. All blanks typed in
"Absent ' ..... 09- ---......_.........._......._...-----
"Noes" .........:--._...----- ..............................
............. Typed in Official Record Book
.............. Posted to Classifigqdd Cards
............. Co -
.............
o ies sent to.`:'�u.�3�.-(Pw-%�.: C ✓
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Legal Publication ordered to be published
(date) -__ .................................... -......---.--_..
No. Affidavits ---....------------------"---------------
No. Printed copies required ... fL..1---- .... _...
Remarks..--...................----------......------------------------------
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-3-
/- Q. X07,
MARY ANN MANOVER, CITY CLERK
San Juan Capistrano, California