Resolution Number CRA 93-11-2-1RESOLUTION NO. CRA 93-11-2-1
APPROVAL OF AMENDMENT TO OWNER PARTICIPATION
AGREEMENT (SEASIDE RANCHOS)
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY, APPROVING AN AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY AND SEASIDE RANCHOS
WHEREAS, the San Juan Capistrano Community Redevelopment Agency (the "Agency") and
Seaside Ranchos (the "Participant") entered into a certain Owner Participation Agreement, dated as of June 4,
1991 (the"OPA") for the purpose of effectuating the Redevelopment Plan for the Central Redevelopment Project
Area by providing for the development of certain property situated within the Project Area (the "Project Area")
including the construction of certain public improvements; and,
WHEREAS, the Participant and the Agency are proceeding to perform their respective
obligations pursuant to the Owner Participation Agreement; and,
WHEREAS, the Participant and the Agency desire to approve an Amended Owner Participation
Agreement (in the form attached hereto as Attachment "A" and incorporated herein) which constitutes the
"Amendment" to amend the Schedule of Performance attached to the Owner Participation Agreement as
Attachment No. 4.
NOW, THEREFORE, BE IT RESOLVED, that the San Juan Capistrano Community
Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, does resolve as follows:
SECTION 1. The Agency finds and determines that this approval of an amendment to the
Schedule of Performance shall have no environmental impact and that the original environmental determination
for this project remains adequate.
SECTION 2. The Agency finds and determines that: (a) the approval of the Amendment will
promote the objectives of the Redevelopment Plan and promote the health, safety and welfare of the citizens
of the City of San Juan Capistrano; and (b) the Amendment is consistent with the orderly development of the
improvements to be provided by the Participant pursuant to the Owner Participation Agreement.
SECTION 3. The Agency approves the Amendment in the form of Attachment "A" and
authorizes and directs the Chairman and Secretary of the Agency to execute that Amendment and such other
documents as may be determined by the City Attorney to be necessary or appropriate to effectuate the Owner
Participation Agreement as now amended.
PASSED, APPROVED, AND ADOPTED this 2nd day of Novembnr
1993.
CAROLYN NASH, CHAIRMAN
ATTEST:
-1-
M
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, Agency Secretary of the San Juan Capistrano Community
Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution
No. CRA 93-11-2-1 adopted by the San Juan Capistrano Community Redevelopment Agency Board
of Directors at a regular meeting thereof held on the 2nd day of November 1993, by the
following vote:
AYES: Directors 11ausdorfer, Jones,Campbell, Vasquez and
Chairman Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOH N AGENCY SECRETARY
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DOLLEY
[SEASIDE RANCHOS II]
AMENDED OWNER PARTICIPATION AGREEMENT
By and Between
SAN JUAN CAPISTRANO COMMUNUNITY
REDEVELOPMENT AGENCY,
and
SEASIDE RANCHOS,
a California corporation,
Agency
Participant
Attachment A
99
100
THIS AMENDED OWNER PARTICIPATION AGREEMENT ("Amended
Agreement") is entered into this 2nd day of November
3
199$ by and between SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT _
AGENCY ("Agency") and SEASIDE RANCHOS, a California corporation
("Participant").
R E C I I A L E
A. The parties have heretofore entered into that certain
Owner Participation Agreement between the Agency and
Participant dated June 4, 1991 (the "Agreement");
B. In accordance with the Agreement, Participant has
submitted and the Agency has approved an Amended Schedule of
Performance;
C. Due to the elimination of the Phase III review, the
Schedule of Performance was revised by the Participant. The
Agency has reviewed and approved the Amended Schedule of
Performance submitted by the Participant.
NOW, THEREFORE, the parties agree as follows:
1. Notwithstanding anything in the Agreement to the
contrary, the Participant shall commence and complete all
construction and development of the Participant Improvements
within the times established therefor in the Amended Schedule
of Performance attached hereto as Exhibit A and incorporated
herein by reference.
2. Attachment No. 4 to the Agreement shall be modified as
set forth in Exhibit A.
3. Except as amended herein, the Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the Agency and the Participant have
signed this Amended Agreement on the respective dates set forth
below.
November 2 , 1993 SAN JUAN CAPRANO COMMUNITY
REDEVELOPMENT//AGENCY, a public
body, corporAte and politic
ve urrector
ATTEST:
26��t Ov_
Agency C er
APPROVED AS TO FORM:
Stradling, Yocca, Carlson & Rauth
Agency Counsel'
SEASIDE RANCHOS, a California
corporation
By:
Its:
"PARTICIPANT"
2420Q/2299/046 -2-
102
Submittal of working drawings
to building dept for plan check
Building Department return plans
for corrections
Submittal of corrected working
to Building Department
Return of working drawings for
second set of corrections
Submittal of working drawings
with second set of corrections
Return of working drawings for
third set of corrections (if
needed)
Submittal of working drawings
with third set of corrections
Notification of Participant that
Building Permits can be issued
Payment of Agency Assistance
Issuance of Building Permits
Beginning of construction
Completion of construction
Issuance of Certificate of
Completion
Satisfaction of Deed of Trust
24200/2299/046
EXHIBIT A
June 30, 1994
45 days after submittal
30 days after return
30 days after submittal
30 days after return
30 days after submittal
30 days after return
30 days after submittal
30 days after notification
Building Permits can be
issued
60 days after notification
Building Permits can be
issued
60 days after issuance of
Building Permits
290 days after issuance of
Building Permits
Upon written notice to
Agency by the Participant
pursuant to Section 314
Upon issuance of
Certificate of Completion
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
That I am the duly appointed and qualified Secretary of the San Juan Capistrano Community
Redevelopment Agency;
That in compliance with State laws of the State of California and in further compliance with
CRA Resolution No. CRA 83-12-20-1 and on the 9th day of November 1993, I caused to
be posted:
RESOLUTION NO. CRA 93-11-2-1 , being
APPROVAL OF AMENDMENT TO OWNER PARTICIPATION
AGREEMENT (SEASIDE RANCHOSI
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY, APPROVING AN AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT
BY AND BETWEEN THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY AND SEASIDE RANCHOS
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.
/J3CI-ECK LIST
RES. NO. CRA G/'i1'z
__L.,�Chairman has signed
Secretary has signed
✓Agency Seal stamped
All blanks typed in
"Absent" t&"
"Noes"
"Abstain"
Copies sent to post
file /a0�•`fZ7
mail certified
cJu ts�i
Legal Publication ordered to be published
(date)
No. Printed copies required
Remarks
Cheryl JohnsoryAgenkq Secretary
San Juan Capistrano Community
Redevelopment Agency
San Juan Capistrano, California
103