Resolution Number CRA 85-3-5-1121
RESOLUTION NO. CRA 85-3-5-1
APPROVING COOPERATION AGREEMENT WITH CITY
A RESOLUTION OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVING
A COOPERATION AGREEMENT BETWEEN THE
AGENCY AND THE CITY OF SAN JUAN CAPISTRANO
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 Agency purposes to enter into an agreement
with WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a California limited
partnership (the "Participation Agreement") which provides for
the development of certain housing resources in furtherance of
the Redevelopment Plan for the Project; and,
WHEREAS, the City of San Juan Capistrano (the "City")
is agreeable to deferring its receipt of fees to facilitate the
implementation of the Project; and,
WHEREAS, provisions for the payment by the Agency of
those fees deferred by the City are set forth in the "Cooperation
Agreement," which is attached hereto, marked Exhibit "A," and is
incorporated herein by reference.
NOW, THEREFORE, the Community Redevelopment Agency of
the City of San Juan Capistrano does hereby resolve as follows:
SECTION 1.
The Cooperation Agreement is approved. The Chairman is
hereby authorized and directed to execute the Cooperation
Agreement substantially in the form attached hereto as Exhibit
"A."
PASSED, APPROVED AND ADOPTED this _5th day of
March . 1985.
PHILLIPvR. SCHWARTZE, CHAI
ATTEST:
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122
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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
RS -11-S-1 , adopted by the Board of Directors of the San Juan ..
Capistrano Community Redevelopment Agency at a regular meeting
thereof held on the St -h day of March , 1985, by the
following vote:
AYES: Directors Friess, Bland, Hausdorfer,
Buchheim, and Chairman Schwartze
NOES: None
ABSENT: None
(SEAL)
MARYANN NOVER,SS CRS
-2-
COOPERATION AGREEMENT
123
C
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
124
facilities of City as Agency may require in exercising
a 3
functions under the California Community Redevelopment Law.
Such assistance and services may include the services of
employees and special consultants.
B. 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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1?5
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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126
indebtedness of Agehcy to City from and to the ,extent. that
$
ih :3
funds are available to Agency for such purposa.,pursuant to
California Health and Safety Code section 33670•or from other
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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127
California Comn:uni-Std*velopment Law sections 33670 at seq.
to be repaid to City by Agency with interest at twelve percent
(12%) peI 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 C�,PISTRANO
BY
�dan'Capistrano
Gary L. Hausdorfer
ATTEST:
APPROVED AS TO FORM:
/s/ John Shaw
l CityXlle�rk of the City bf
San Juan Capistrano John Shaw, City Attorney
Mary Ann Hanover
REDEVELOPMENT AGENCY OF
OF SAN JUAN..CAPI$TRAN_g,
ATTEST:
/LL/
�L 1L(.tiCt�l
Secretary/
Mary Ann Hanover
By
R. Schwartze
APPROVED AS TO FORM:
/s/ Tom Clark
Tom Clark, Agency Counsel
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CITY
128
PARTICIPATION AGREEMENT
BY AND BETWEEN THE
-*.
REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO
UZL7
WLBD (SAN JUAN CAPISTRANO) ASSOCIATES
129
TABLE OF CONTENTS
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
1 30 B. Form of Nondiscrimination and Nonsegregation Clauses
Table of Content#' (CahtTnu8dj---"v"
VI
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
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 COVENANTS
131
:. PARTICIPATION AGRER5;t T
•-
THIS AGREEMENT is entered into on MAr h 5 ; 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 84-1, 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 se .). Specifically, the Housing Project
will help to effectuate the Redevelopment Plan for the Downtown
132 --
Centerevelo
Red. Pment2±i-ajAke�tApa. ")iysdevelopmeF�._F1roject") by
providing low- or moderate -income housing, near and of be`rie;A
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_gbtions
unrelated to the subject matter of this Agreement.
B. Description of the Site
I. The "Site" is all of the real property shown on the
yMap 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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133
' A
926T�5::_
c "`` �" ent included the
+cue51'n`:t�4r��
Itedevelopmenti Agenci of '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 Participant, and its
principals, are of particul$Y"concern to City,add 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 I .
"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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13.5
of easements or permita,rQo facilitate the development of the
u :r.
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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1-36--('ix)
A transfer to an "affiliated entity," i.e., one
is which a minimum 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}
AParticipant shall remain jointly and severally 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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138
III. DEVELOPS O$.�fiE'"$ITE� .-_
A_ Development Accords -n4 ta='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 fore'
the Housing Project and development of the Site to the Agency
instead of the City and the CVD. Future City development avid
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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The Agency agrees to assuaW_all of the,; tt4 4cipant'a
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
G
,
the responsibility of the Participant for the payment of the
C ,
Saddleback Fee (or equivalent amount) exceed the amount of
39
Seven Hundred Dollars ($700) per unit for cost of the 274 units
-x
to be constructed on the Site. The sum of One Hundred
V.
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
Ninety -One Thousand Eight Hundred Dollars ($191,800) from the
Participant, the Agency shall hold the Participant harmless
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140 ::_..... �.
from any liabifiity°of 'resptsnsi,bility;,Eor 'paymert of the
Saddleback Fee as to tTie7274 units to be 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 £rst.pym�nt.of,;Net, SitecIj�gre*ent from the
Agency to the Participant ghall be made within thirty (30) days
after the first receipt by the Agency of Net Site Increment
following the Agency's issuance of a Certificate of Completion
for the Housing 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
shall continue to make payments of the Net Site Increment
within thirty (30) days after the Agency receives payments of
Net Site Increment. Payments shall continue until the earlier
zof 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 (11x) 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
b, 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 (11x) simple per annum;
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provided that tha-Agei i — shall- haire hd- other_: obligation to m}3�e
payment from such tax increment"-t"Oues from any area included
as of the execution of this Agreement as 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
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 finals
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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damage or. loss' arising. opt pf_pr,connoftt,d;witi the work of
Parti&i 1mt under t3sisaa8q# gnt.,=
Participant shall furnish Agency a certificate of
insurance from the insurer evidencing compliance with this
paragraph and providing that the insurer shall not cancel or
modify 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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RM
D. Rights of"Access for Inspection of ,Construction
..a .
Reprssentatiyej_2f tgh_e„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
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 constructi?Is of
the improvements in conformity with all the applicable lawn and
regulations.
F. Certificate of Completion
1. Promptly after completion of all constructions,
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
acquiring any interest therein shall not (because of such
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145
ownership, purchase, -lease -or aequi-sitivsrj—`,-incur any
obligation or liability with`:respect`to 6W construction 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.
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
ileo contain the Agency's opinion of the action the Participant
mu`at take to obtain a Certificate of Completion. If the
Treasons for such refusal are confined to the immediate
b7unlwailabilty 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
.'r
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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46:.
completion as referred to in the California Cisfiil Code, Section
j093.
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 ;sv
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 -16-
14'7
ne Agency sha]tb 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.
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.
Vc OTHER PROVISIONS
A. Obligation to Refrain from Discrimination
ar.., 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
sex, 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 !8-y_
3478p/2299/00 -17-
Q
1 48
sublessees or vend6es'.The tcovenants set forth - in this
Article V*shaf7:` remilfin T'a e&fet~t `iii -p
B.,_,,Form of Nondiscrimination and Nonseareaation 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 tiie
following nondiscrimination or nonsegregation clauses:
1. In deeds: "The Grantee herein covenants *-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 df
race, color, creed, religion, sex, marital status, nationnm,
origin or ancestry in the sale, lease, sublease, transfer; U34"
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 air>nlj
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- ""' `
14-9
2.., In lepsea: "The 3.essee hem' xi -covenants by and
for himself ox,hershop :o heirs _,,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
os her, establish or permit any such practice or practices of
>.r
diyserimination 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
,!kgcount of race, color, creed, religion, sex, marital status,
Avotional origin, or ancestry, in the sale, lease, sublease,
*aansfer, 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
.pFactice 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 ?'-
3478p/2299/00 -19-
150
C. --Taxes _ A6iaed�derit�'�GEaeu�braricea--8i3fl ;Liens
Without pre'Udice"td�ithd�,tigkt-"ofzthb P&rticipant 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 recelpt
requested, to the principal office of the Agency and to the! -
local office of the Participant as specified in Section I 0�•of
this'Agreement. Such written notices, demands and
communications may be sent in the same manner to such othdf`;
addresses as either party may from time to time designatelby
mail as provided in this Section. Mailed notices shall b87s-.
effective three (3) business days after deposit in the mall' -.4,
E. Conflict of Interest; Agency's or City's :ja:;
Representatives Not Individually Liable rg
No member, official or employee of the Agency or' -the
City shall have any personal interest, direct or indirect, i'jj
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- c`"'
151
corporation; pa€tnersljp._er ass9ciatt9ae4Az which he is,
a.
directly pr --iv #refit}yrpz&ntareetede-NO-449ber,•official 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 embargoep,
_ , 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{
fa,}lure to act of the Agency or City shall not excuse
Ya
performance by the Agency), litigation, unusually severe
e
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 e.
3478p/2299/00 -21-
152 .- _.
G. Titles of Sections
Any titles of 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 _ c;
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
i,,,;
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-
153
any of its remedies as to any default shall not operate as a
waiver of any default or of any sucFi rig--tW—o -'rwnedies 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
-re
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-
154
an action for specifit.:.performance of the t¢LYpf this
"Agreement. _ C - _ rc
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.t4he
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. u
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�_ R
3478p/2299/00 -24- �._f.
155
G.' linaeuon<Not.a Waiver of.Default-
Any failures or delays.by either party in asses'ping
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)
:Idounterparts, each of which is deemed to be an original. ..
I. Entire Agreement Waivers and Amendments; Execution
The Agreement integrates all of the terms and
r9,'ifonditions mentioned herein or incidental thereto, and
supersedes all negotiations or previous agreements between the
rties with respect to all or any part of the subject matter
!�Oiereof .
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 Hate
of execution by the Participant or this Agreement shall be
02-13-85
3478p/2299/00 -25-
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
APPROVED AS TO FORM:
n� Tom Clark
y Q1�.erk
Age / + 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-
157
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
=*s 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 Califbrnia 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
58 w�'LK�U1s [DjZk!� LrjUo WOO U 0
IN THE CITY OF SAN JUAN CAP] .S3TRAN0, COUNTOR ORANGE,
p $TATE. 0F': ¢14i0:1,F4y4N IA.
AP %S -o8 OENOC CONSULTANTS OF SOUTMERN CALIFORNIA fig ISnO 22219
qA'A — 9. AMMERSON; -R. a% 269511 '�n..�%y„ 13
SEPTEMBER, $980
Ieae
4!r
S�[y OiLGo
%QxE'aAY
.vo�c
wxrn,Lwl nsge i n new e�
I
M�J.VJ iMe �{i�ryr
I
VY
I .L
r�1
This is not a surrey of the land,but is compiled for in only
to Which it mar he , nor is it a port of the report 'or policy
nMnrh.d.
TmmTl.LIMvmm 'In l
.J
A TTAGHIGFS 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
Prpperty", 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 intendthat
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
Attachment No. 2
3478p/2299/00 Page 1 of 3
160 WHEREAS,` tii+ Commtiihitq��edweio h# {�alifornia
Health & BaEfft Com° 330(i63aL s"et;�Jrpl ps' mat a
redevelopment agency shall'establish-covdnaYits-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
161
thw,tglx;�j� av,�s}antgr�,,-.yeatab1 or permit any such
ual 9L£ukiAX�t ce.oX: psa►c 1 or
imiLAation q
segtegat"jj,�wtth 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
v By: L/M NO.1 (SAN JUAN CAPISTRANO),
.;- INC., a California corporation,
general partner
By:
t ...., Its:
By:
Its:
02-13-85 Attachment No
3478p/2299/00 Page 3 of 3
162
STATE OF CALIFORNIA )
T as'.
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) Fee$ 3,194.00
ENDORSEMENT ��
ATTACHED;TO POLICY NO. 670772-A
ISSUED BY
Ticor Title Insurance Company of California
THE COMPANY INSURES THE INSURED AGAINST LOSS WHICH THE
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 B.
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
EXHIBIT A
Page 1 of 2
Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009
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
CALIFORNIA, 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 AI
OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND TOGETHER WITH
ZONE -HALF OF ALL RENTALS, ROYALTIES, BONUS PAYMENTS AND OTHER THINGS OF VALUE,
HOW OR HEREAFTER ACCRUING FROM SAID UNDIVIDED ONE-HALF INTEREST, IN AND TO
jSAID 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
(RECORDS.
EXHIBIT A
Page 2 of 2
1") 6,r e9fl 0670772 k 0 PAGE 06
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
_16"7
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes and
says:
That she is 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 Resolution No. CRA
83-12-20-1 and on the 7th day of March , 1985 , she caused
to be posted:
RESOLUTION NO. CRA 85-3-5-1
being: APPROVING COOPERATION AGREEMENT WITH CITY
A RESOLUTION OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVING
A COOPERATION AGREEMENT BETWEEN THE
AGENCY AND THE CITY OF SAN JUAN CAPISTRANO
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.
MARY ANN MANOVER, Secretary1�
San Juan Capistrano Community
Redevelopment Agency
-3-