1995-1221_SJC HOUSING INVESTORS, L.P._Agr of Restr. Covenants Affecting Real PropertyC0MM011','vEALTH LAND TITLE C0. -
RECORDED AT REQUEST OF:
WHEN RECORDED RETURN TO:
San Juan Capistrano
Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano,
California 92675
Recoraed in the County of Orange, California
Gary L. Granville, Clerk/Recorder
1111111111111 No Fee
19950568793 11,16am 12/21/95
005 9002639 09 30
C38 25 7.00 72.00 0.00 0.00 0.00 0.00
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
This Agreement of Restrictive Covenants Affecting Real Property is recorded
at the request and for the benefit of the San Juan Capistrano Redevelopment Agency
and is exempt from the payment of a recording fee pursuant to Government Code
Section 6103.
AGREEMENT OF RESTRICTIVE COVENANTS AFFECTING REAL PROPERTY
THIS AGREEMENT OF RESTRICTIVE COVENANTS AFFECTING REAL
PROPERTY ("Agreement") is dated this 30th day of November, 1995, by and between
the SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY, a public body, corporate
and politic of the State of California ("Agency"), and SAN JUAN CAPISTRANO
HOUSING INVESTORS, L.P., a California limited partnership ("Developer"), with
reference to the following:
ra
A. Developer is the owner of that certain real property (the "Property")
located in the City of San Juan Capistrano, County of Orange, State of California,
more particularly described in Exhibit "A" attached hereto and made a part hereof.
B. The Property is within the San Juan Capistrano Central Redevelopment
Project Area under the jurisdiction of the Agency.
C. The Agency and Developer have entered into an Owner Participation
Agreement ("OPA"), dated as of September 19, 1995, and the City of San Juan
Capistrano has granted to Developer a Density Bonus Permit ("Density Bonus Permit"),
concerning the development of the Property as a 112 unit residential housing project
("Project"), with the implementation of this Agreement to provide restrictive
covenants for affordable senior citizen housing upon completion of construction.
NOW, THEREFORE, in consideration of the foregoing and for good and valuable
consideration, receipt and sufficiency of which is acknowledged by the parties, the
Agency and Developer hereby agree as follows:
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ARTICLE 1. DEFINITIONS
The following terms as used in this Agreement shall have the meanings given
unless expressly provided to the contrary:
1.1 "Affordable Rent" means the lesser of rents permissible pursuant to the
Low -Income Housing Tax Credit Program or affordable rent as defined in California
Health and Safety Code Section 50053 as exists on the Effective Date or as hereafter
amended. As of the Effective Date, Affordable Rent pursuant to Section 50053 shall
not exceed (a) the product of 30 percent times 60 percent of the area median income
adjusted for family size appropriate for the unit, with respect to Qualified Lower
Income Households who gross incomes do not exceed 60 percent of the area median
income adjusted for family size, and (b) the product of 30 percent times 50 percent
of the area median income adjusted for family size appropriate for the unit, with
respect to Very Low Income Households whose gross incomes do not exceed 50
percent of the area median income adjusted for family size.
1.2 "Agency" means the San Juan Capistrano Redevelopment Agency, a
public body, corporate and politic, having its offices in San Juan Capistrano,
California. The term "Agency" as used herein also includes any assignee of, or
successor to, the rights, powers, and responsibilities of the San Juan Capistrano
Redevelopment Agency.
1.3 "Agency Loan" means the loan by the Agency to Developer described in
the OPA.
1.4 "Agreement" means this Agreement of Restrictive Covenants Affecting
Real Property.
1.5 "Certificate of Completion" means the Certificate of Completion provided
for in Article 3 hereof.
1.6 "City" means the City of San Juan Capistrano, a California general law
municipal corporation, and its successors and assigns having jurisdiction.
1.7 "Density Bonus Permit" means the Density Bonus Permit issued by the
City to Developer for the Project.
1.8 "Developer" means San Juan Capistrano Housing Investors, L.P., a
California limited partnership, its successors, assigns, transferees, or other persons
or entities acquiring title to or an ownership interest in the Project.
1.9 "Lender" means any Mortgagee.
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1.10 "Lien" means any security instrument encumbering the Project or any
part thereof securing any Loan.
1.11 "Loan" means any loan made by a Mortgagee secured by a Lien.
1.12 "Low -Income Housing Tax Credit Program" shall have the meaning
ascribed in Section 4.1 of this Agreement.
1.13 "Mortgagee" means a mortgagee of a mortgage or a beneficiary under
a deed of trust encumbering title to the Project, or any part thereof.
1.14 "Owner Participation Agreement" or "OPA" means the Owner
Participation Agreement entered into by the Agency and Developer for the Project.
1.15 "Party" means any party to this Agreement.
1.16 "Project" means the Property and the development of the Property as a
one hundred twelve (1 12) unit residential housing project in conformance with the
OPA and Density Bonus Permit.
1.17 "Property" is the subject real property located in the City of San Juan
Capistrano, County of Orange, State of California, and more particularly described in
Exhibit A attached hereto and incorporated herein by reference.
1.18 "Qualified Lower Income Households" means households whose gross
annual income does not exceed 60 percent of the area median income, adjusted for
family size in accordance with adjustment factors adopted by the United States
Department of Housing and Urban Development pursuant to Section 8 of the United
States Housing Act of 1937 as amended. Qualified Lower Income Households satisfy
the income eligibility criteria for Lower Income Households within the meaning of
California Health and Safety Code Section 50079.5.
1.19 "Regulatory Agreement" means any regulatory agreement required by 4
California Code of Regulations § 10340(c) as required for Developer to obtain the Tax
Credits.
1.20 "Restricted Units" means the 92 one bedroom units in Project.
1.21 "Restrictive Covenants" means this Agreement of Restrictive Covenants
Affecting Real Property.
1.22 "Senior Citizen" means a person who is 62 years of age or older, as more
particularly provided in Section 4.3 of this Agreement.
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1.23 "Tax Credits" means low-income housing tax credits allowable to the
Developer with respect to the Project under Section 42 of the Internal Revenue Code
of 1986, as amended.
1.24 "Very Low Income Household" means very low income households within
the meaning of California Health & Safety Code Section 50105 whose gross annual
income does not exceed 50 percent of the area median income adjusted for family
size in accordance with the adjustment factors adopted by the United States
Department of Housing and Urban Development pursuant to Section 8 of the United
States Housing Act of 1937 as amended.
ARTICLE 2 TERM; RECORDATION; BINDING EFFECT
2.1 Term. The term of this Agreement shall be fifty-seven (57) years,
commencing upon the issuance of the Certificate of Completion issued pursuant to
the OPA and Section 3.1 of this Agreement, unless such term is extended or earlier
terminated.
2.2 Recordation of Agreement. This Agreement shall be recorded as a
restrictive covenant in the Official Records of the County where the Property is
located.
2.3 Binding Effect. This Agreement, and the terms and conditions hereof,
shall run with the land and shall be binding upon and inure'to the benefit of the parties
hereto, and their respective successors and assigns, as provided herein.
ARTICLE 3. CERTIFICATE OF COMPLETION
3.1 Certificate of Completion. Pursuant to the OPA, upon the satisfactory
completion of construction of the Project, the Agency shall furnish Developer with a
final Certificate of Completion for such work in such form as Exhibit K to the OPA or
as may reasonably be accepted to Developer upon written request therefor by
Developer. Such Certificate of Completion shall be in a form so as to permit
recordation in the Office of the Recorder of the County where the Property is located.
The Certificate of Completion shall be, and shall so state, a conclusive determination
by the Agency of satisfactory completion of Developer's development obligations
under the OPA and of full compliance with the terms of the OPA relating to
construction of the Project on the Property. Except for the obligation to develop the
Property, the issuance and recordation of the Certificate of Completion shall not limit
the continued enforceability of Developer's obligations relating to the maintenance,
operation and use of the Property or any other obligations in compliance with the
terms of the OPA and this Agreement. The Agency shall not unreasonably withhold
issuance of the Certificate of Completion. If the Agency refuses or fails to furnish the
Certificate of Completion after written request from Developer, the Agency shall,
within ten (10) days after such written request, provide Developer with a written
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statement of the reasons the Agency refused or failed to furnish the Certificate of
Completion. The statement shall also contain the Agency's opinion of the action
Developer must take to obtain the Certificate of Completion. If the reason for such
refusal is confined to the immediate availability of specific items or materials for
landscaping, the Agency shall issue its Certificate of Completion upon the Developer
posting a cash deposit with the Agency in one hundred percent (100%) of an amount
representing the fair cost of the work not yet completed. The Certificate of
Completion shall not constitute evidence of compliance with or satisfaction of any
obligation of Developer to any holder of a mortgage or any insurer of a mortgage on
or with respect to the Property. The Certificate of Completion is not a notice of
completion as referred to in California Civil Code Section 3093.
ARTICLE 4. TAX CREDIT PROGRAM, RESTRICTED UNITS,
SENIOR CITIZEN OCCUPANCY PERMITTED USES,
OPERATION AND MAINTENANCE
4.1 Low -Income Housing Tax Credit Program.
a. Qualification of Project for Tax Credits. Developer proposes to
qualify the Project for and participate in the low-income housing tax credit program
authorized pursuant to Internal Revenue Code of 1986, as amended Section 42,
California Health and Safety Code Sections 50199.6-50199.19, California Revenue
and Taxation Code Sections 17057.5, 17058, 23610.4, and 23610.5, and applicable
federal and State regulations such as 4 California Code of Regulations Sections
10300-10340 (collectively, the "Low -Income Housing Tax Credit Program").
Developer agrees to submit to the Agency all of the following documents upon receipt
by Developer:
(i) A copy of the Regulatory Agreement, if required, between the
Tax Credit Allocation Committee and Developer (4 California Code
of Regulations § 10340(c)).
(ii) Copies of all correspondence or transmittals from the Tax
Allocation Credit Committee or other jurisdiction (such as the
Internal Revenue Service) containing any notification regarding the
Project's noncompliance with applicable provisions of the
Low -Income Housing Tax Credit Program.
b. Compliance with Regulatory Agreement. Developer agrees to
perform all of Developer's obligations under the Regulatory Agreement between the
California Tax Credit Allocation Committee and Developer (4 California Code of
Regulations § 10340(c)). In the event of any conflict between the provisions of the
Regulatory Agreement and this Agreement, in which compliance with both the
Regulatory Agreement and this Agreement is impossible, the provisions of the
Regulatory Agreement shall prevail and control.
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4.2 Restricted Units.
a. Very Low Income Households. During the term of this Agreement,
eighteen 0 8) of the Restricted Units shall be held for occupancy at Affordable Rents
to Very Low Income Households. For purposes of this Subparagraph, a Restricted
Unit occupied by a Very Low Income Household who at the commencement of the
term of occupancy is a Very Low Income Household shall be treated as occupied by
such household until such time as an annual certification of such household's income
in accordance with Subparagraph (e) below demonstrates that such household no
longer qualifies as a Very Low Income Household. If, based upon the updated income
certification, a tenant household ceases to qualify as a Very Low Income Household,
but qualifies as a Qualified Lower Income Household, such tenant household may
continue to occupy his or her existing unit in the Project and be charged rent
affordable to Qualified Lower Income Households. At such time as the tenant ceases
to qualify as a Very Low Income Household and subject to the provisions of
Subparagraph (b) below, the unit occupied by such tenant shall be counted for
purposes of this Agreement as a unit occupied by a Qualified Lower Income
Household and the Developer shall rent the next available Restricted Unit and any
necessary Restricted Units thereafter to a Very Low Income Household in order to
comply with the requirements of this Subparagraph (a) that at least eighteen (18) of
the Restricted Units in the Project are occupied by or available for occupancy by Very
Low Income Households. Moreover, a Restricted Unit previously occupied by a Very
Low Income Household and then vacated shall be considered occupied by a Very Low
Income Household until reoccupied, at which time the character of the Restricted Unit
shall be redetermined.
b. Qualified Low Income Households. During the term of this
Agreement, the remaining seventy-four (74) Restricted Units shall be held for
occupancy at Affordable Rents to Qualified Lower Income Households (exclusive of
one unit for on-site management and maintenance personnel). For purposes of this
Subparagraph, a Restricted Unit occupied by a Qualified Lower Income Household
who at the commencement of the term of occupancy is a Qualified Lower Income
Household shall be treated as occupied by such household until such time as an
annual certification of such household's income in accordance with Subparagraph (e)
below demonstrates that such household no longer qualifies as a Qualified Lower
Income Household. If, based upon the updated income certification, a tenant
household ceases to qualify as a Qualified Lower Income Household, such tenant
household may continue to occupy his or her existing unit in the Project and be
charged rent affordable to Qualified Lower Income Households. Such unit will be
counted for purposes of this Agreement as a unit occupied by a Qualified Lower
Income Household. Notwithstanding the foregoing, if upon annual income certification
a tenant's income exceeds one hundred twenty percent 0 20%) of area median
income established as the maximum qualifying limit for a Moderate Income Household
pursuant to Health and Safety Code Section 50093, the Developer shall, unless
otherwise prohibited by the applicable laws -and regulations governing the Project,
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provide such tenant a one hundred twenty (120) day notice to vacate and Developer
shall relet the Restricted Unit to an income qualified household consistent with the
provisions of Section 4.2. Moreover, a Restricted Unit previously occupied by a
Qualified Lower Income Household and then vacated shall be considered occupied by
a Qualified Lower Income Household until reoccupied, at which time the character of
the Restricted Unit shall be redetermined.
C. Determination of Income Eligibility. Prior to renting a Restricted
Unit, Developer shall obtain and maintain on file an income certification from each
tenant household for such unit. In determining income eligibility for a particular
Restricted Unit, Developer shall be entitled to rely upon the documentation provided
by the prospective tenant as required pursuant to the Low -Income Housing Tax Credit
Program procedures for determining household income eligibility. Developer shall not
be required to do further investigations into the household income than are required
pursuant to the Low -Income Housing Tax Credit Program requirements. The
Developer shall provide to the Agency such additional tenant income certification or
additional tenant income information as the Agency may reasonably require.
d. Determination of Affordable Rent. The adjustment for family size
appropriate for the unit, pursuant to Section 50053 of the California Health and
Safety Code for purposes of determining Affordable Rent at 30 percent of 50 percent
or 60 percent of the area median income, as the case may be, shall be based upon the
following household sizes for the following types of residential units:
Residential Unit
Number Of Persons In Household
Studio
One
One bedroom
Two
Two bedroom
Three
Three bedroom
Four
Four bedroom
Five
e. Annual Certification. Upon initial occupancy of 100% of the
Restricted Units and annually thereafter, the Developer shall provide to the Agency,
a certification from Developer for compliance with the provisions of this Section 4.2
with respect to the income and rents for the Restricted Units. Such certification shall
be in such form as Developer may use for the Low -Income Housing Tax Credit
Program or such other form as the Agency may reasonably require. Developer shall
maintain the annual certifications and all other records obtained by Developer relating
to tenant eligibility pursuant to this Agreement for such period as required under the
Low -Income Housing Tax Credit Program, or as may reasonably be required by the
Agency during the term of this Agreement. Any duly authorized representative of the
Agency shall have the right to inspect such records in accordance with Section 7.1
hereof.
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4.3 Units For Senior Citizen Occu anc .
a. Senior Citizen Occul2ancy Re uirements. During the term of this
Agreement, and subject to the requirements of applicable law, 100 percent of the
completed residential units in the Project, including the Restricted Units, shall be held
for occupancy by Senior Citizens of 62 years of age or older (exclusive of units for on-
site management and maintenance personnel). Should the foregoing restrictions
limiting occupancy of units to persons 62 years of age or older be declared unlawful
or unenforceable by the decision of any court of competent jurisdiction or other
applicable law, then in such event, Developer shall limit the use of any such units to
such class of persons as may be required by said court decision or law, and in so
doing, Developer shall be deemed to be in compliance with the provisions of this
Agreement.
4.4 Permitted Uses. Throughout the term of this Agreement, the Property
shall be used, operated and maintained only for private senior citizen rental dwelling
purposes and related amenity uses all in accordance with the Redevelopment Plan for
the San Juan Capistrano Central Redevelopment Project Area as provided by this
Agreement. Developer covenants and agrees to make available, restrict occupancy
to, and rent each of the Restricted Units in the Project at an Affordable Rent as set
forth in Section 4.2. None of the dwelling units on the Property shall at any time be
utilized on a transient basis, nor shall the Property or any portion thereof ever be used
as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital,
nursing home, sanitarium or rest home without the prior written approval of the
Agency and the City of San Juan Capistrano. The developer shall not convert the
Property to condominium ownership during the term of this Agreement without the
prior written approval of the City, which approval the City may grant, withhold or
deny separate and apart from this Agreement.
4.5 Operation and Maintenance.
a. Maintenance by Developer. The Developer shall, at its sole cost
and expense, maintain and repair the Property keeping the same in good condition and
making all repairs as they may be required by this Agreement and by all applicable
Municipal Code and state law provisions.
b. Maintenance and Replacement. The Developer shall maintain the
Property in good repair and working order, and in a safe, decent and sanitary
condition, including the walkways, driveways, alleyways and landscaping, and from
time to time make all necessary and proper repairs, and replacements in order to keep
the Property in a safe, decent and sanitary condition. Developer shall manage and
maintain the Project in accordance with all applicable housing laws and local code
requirements, concerning operation, maintenance, repair, security and rental of the
Property.
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C. Interior Maintenance. Developer shall maintain the interior of
buildings, including carpet, drapes and paint, in clean and habitable condition.
d. Exterior Building Maintenance. All exterior, painted surfaces shall
be maintained at all times in a clean and presentable manner, free from chipping,
cracking and defacing marks. All graffiti and defacement of any type, including
marks, words and pictures must be removed and any necessary painting or repair
completed within five (5) working days after notice to Developer.
e. Landscaping. All front setback areas that are not buildings,
driveways or walkways shall be adequately and appropriately landscaped in
accordance with the Project Approvals and shall be maintained in good condition.
f. All the foregoing maintenance and repair requirements shall be
subject to the effects of ordinary wear and tear and the aging of improvements, and
no repair or replacement on account of any casualty loss shall be applicable except
to the extent of insurance proceeds available to Developer to complete such repair or
replacement.
ARTICLE 5. INSURANCE
5.1 Liability Insurance. Developer shall furnish or cause to be furnished to
the Agency evidence, reasonably satisfactory to the Agency of commercial general
liability insurance coverage for the Project and Developer's activities thereon, including
bodily injury, personal injury, and property damage in the amount of at least One
Million Dollars ($1,000,000) combined single limits, and naming the Agency as an
additional insured with respect to the Project except as caused by the acts or
omissions of the Agency. In addition, unless otherwise approved by the executive
director or administrator of the Agency, all such insurance shall be primary insurance
for the Project and not contributory with any other insurance which the Agency may
have other than for its own acts and omissions; shall be "per occurrence" rather than
"claims made" insurance; shall provide that the policy will not be cancelled or limited
in scope by the insurer unless there is a minimum of thirty (30) days prior written
notice by certified mail, return receipt requested to the Agency; and shall be written
by a California licensed insurer with a Best rating of not less than B+, Class X.
ARTICLE 6. INDEMNIFICATION
6.1 indemnification of Agency. Developer agrees to indemnify, defend, and
hold harmless the Agency and its respective officers, employees, and agents
(collectively, the "Indemnitee") from and against any and all claims, causes of action,
liabilities, and damages arising out of any acts or omissions of Developer or
Developer's partners, officers, employees, and agents, and arising out of Developer's
performance under this Agreement or with respect to the Project, provided this
indemnity shall not extend to any negligence or willful acts or omissions on the part
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of any Indemnitee. The Indemnitee shall promptly notify Developer of the filing of any
such action and cooperate with Developer in the defense thereof (at no cost to
Indemnitee). So long as Developer is not in default under this Section, the Indemnitee
shall not compromise the defense of such action or permit a default judgment to be
taken against the Indemnitee without the prior written approval of Developer, or its
successors in interest.
ARTICLE 7. INSPECTION
7.1 Inspection by Agency. For the purpose of assuring compliance with this
Agreement, representatives of the Agency shall have the reasonable right of access
to the Project and the books and records of Developer pertaining to the Project, upon
at least twenty four (24) hours prior notice to Developer, during normal business hours
during the term of this Agreement, including but not limited to the inspection of the
documentation from tenants for establishing household income eligibility. Such
representatives of the Agency shall be those who are so identified in writing to
Developer by the Agency. The Agency shall indemnify, defend, and hold harmless
Developer and Developer's partners, officers, employees, and agents from any
damage caused or liability arising out of the negligence or willful acts or omissions of
the Agency, its officers, officials, employees, volunteers, agents, or representatives
in their exercise of this right of access and inspection; provided that it is understood
that the Agency does not by this Article assume any responsibility or liability for a
negligent inspection or failure to inspect.
ARTICLE 8. FORCED DELAY; EXTENSION OF TIME
8.1 In addition to specific provisions of this Agreement, performance by
Developer hereunder shall not be deemed to be in default and Developer shall be
entitled to an extension of time to perform its obligations hereunder where delays in
performance are due to causes beyond the control and without the fault of Developer,
including as applicable: war; insurrection; strikes; lockouts; riots; floods; earthquakes;
fires; casualties; supernatural causes; acts of the public enemy; epidemics; quarantine
restrictions; freight embargoes; lack of transportation; governmental restrictions or
priority; litigation; unusually severe weather; inability to secure necessary labor,
materials or tools; delays of any contractor, subcontractor or supplies; acts or
omissions of the other party or any third party; acts or the failure to act of the Agency
or any other public or governmental agency or entity (except that any act or failure
to act by the Agency shall not excuse performance by the Agency).
ARTICLE 9. REPRESENTATIONS AND WARRANTIES
9.1 Developer executing this Agreement and each person executing this
Agreement on behalf of Developer represents and warrants that: (i) Developer is a
limited partnership organized and existing under the laws of the State of California,
in good standing, and authorized to do business and doing business in the State of
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California; (ii) Developer has all requisite power and authority to carry out its business
as now and whenever conducted and to enter into and perform its obligations under
this Agreement; (iii) by proper action of Developer, Developer's signatories have been
duly authorized to execute and deliver this Agreement; (iv) the execution of this
Agreement by Developer does not violate any provision of any other agreement to
which Developer is a party; and (v) except as may be specifically set forth in this
Agreement, no approvals or consents not heretofore obtained by Developer are
necessary in connection with the execution of this Agreement by Developer or with
the performance by Developer of its obligations hereunder.
ARTICLE 10. MORTGAGEE PROTECTION
10.1 Developer's Right to Encumber the Protect. Subject to the limitations in
Article 3 of the OPA, the parties hereto agree that this Agreement shall not prevent
or limit Developer in any manner, at Developer's sole discretion, from encumbering the
Project or any part thereof by any Lien securing financing with respect to the
Property. The Agency acknowledges that the Mortgagees providing such financing
may require certain interpretations and modifications of this Agreement, and the
Agency agrees upon written request, from time to time, to meet with Developer and
representatives of such Mortgagees to negotiate in good faith any such request for
interpretation or modification. The Agency will not unreasonably withhold its consent
to any such requested interpretation or modification provided such interpretation or
modification is consistent with the intent and purposes of this Agreement. Any
Mortgagee of the Project now and hereafter shall be entitled to the following rights
and privileges:
a. Preservation of Liens. Neither entering into this Agreement nor a
violation or breach of this Agreement shall defeat, render invalid, diminish or impair
any Lien thereof made in good faith and for value.
b. No Assumption of Obligations by Mortgagee. Any Mortgagee who
comes into possession of the Project, or any part thereof, pursuant to foreclosure of
Lien, or deed in lieu of such foreclosure, shall take the Project, or part thereof, subject
to the terms of this Agreement; provided, however, in no event shall such Mortgagee
be liable for any defaults or monetary obligations of Developer arising prior to
acquisition of title to the Project by such Mortgagee.
10.2 Notice of Default. Before the Agency may resort to any remedy provided
for in Article 12 hereof, the Agency must give NO written notice of the default or
breach (the "Initial Default Notice") and (vii) written notice of the failure of the
Developer to cure the default or breach (the "Second Default Notice") to each
Mortgagee concurrent with transmittal of such notices to Developer and afford each
Mortgagee the opportunity after service of such Second Default Notice to:
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a. Monetary Default. Cure the breach or default within thirty (30)
days after service on each Mortgagee of the Second Default Notice where the default
can be cured by the payment of money to the Agency or some other person;
b. Non Monetary Default. Commence to cure the breach or default
within sixty (60) days after service on each Mortgagee of the Second Default Notice
where the breach or default must be cured by something other than the payment of
money and can be cured within that time; or
C. Extended Right to Cure Non Monetary Default. Cure the breach
or default in such reasonable time as may be required where something other than the
payment of money is required to cure the breach or default and cannot be reasonably
performed within sixty (60) days after service on each Mortgagee of the Second
Default Notice provided that acts to cure the breach or default are commenced within
that time period after service of the Second Default Notice on each Mortgagee by the
Agency and are thereafter diligently continued by such Mortgagee.
10.3 Foreclosure in Lieu of Curing Default. Notwithstanding any other
provision of this Agreement, a Mortgagee may forestall any remedy of the Agency for
a default under or breach of this Agreement by Developer by commencing proceedings
to foreclose any Lien. The proceedings so commenced may be for foreclosure of any
such Lien by order of court or for foreclosure of any such Lien under a power of sale
contained in the Lien. The proceedings shall not, however, forestall the Agency's
right to execute any remedy or right under this Agreement for the default or breach
by Developer unless: (i) they are commenced within sixty (60) days after service on
each Mortgagee of the Second Default Notice; and (ii) they are, after having been
commenced, diligently pursued in the manner provided by law.
10.4 Assignment Without Consent on Foreclosure. The consent of the
Agency shall not be required for transfer of Developer's right, title and interest in the
Project or this Agreement to:
a. any purchaser, which includes a Mortgagee, at a foreclosure sale
of the Lien, whether the foreclosure is conducted pursuant to court order or pursuant
to a power of sale in the instrument creating the Lien; or
b. A purchaser from a Mortgagee after foreclosure where a
Mortgagee was the purchaser of Developer's interest at the foreclosure sale of the
Lien, or acquired Developer's interest by transfer in lieu of foreclosure.
10.5 Mortgagee as Including Subsequent Security Holders. The term
"Mortgagee" as used in this Article shall mean not only the person, persons or entity
that loaned money to Developer and is named as beneficiary, mortgagee, secured
party or security holder in the instrument creating any Lien, but also all subsequent
assignees and holders of the instrument and interest secured by such instrument who
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give written notice to the Agency setting forth the name and address of the
transferee.
10.6 Estoppel Certificates. The Agency shall provide to any Mortgagee, on
request, an estoppel certificate certifying to such matters as to the continuation of
this Agreement as being in full force and effect, the satisfaction of the terms and
conditions of this Agreement and the existence of any defaults hereunder, if any.
10.7 Amendments. The Agency shall cooperate in including in this Agreement
by suitable amendment from time to time any provision which may reasonably be
requested by any proposed or existing Mortgagee for the purpose of implementing the
mortgagee -protection provisions contained in this Article and allowing such Mortgagee
reasonable means to protect or preserve any Lien on the occurrence of a default under
the terms of this Agreement. The Agency agrees to execute and deliver (and to
acknowledge, if necessary, for recording purposes) any agreement necessary to effect
any such amendment consistent with the terms and conditions of this Agreement and
the parties' interest in entering into this Agreement. Any modification or amendment
of this Agreement shall require the prior written consent of each Mortgagee.
10.8 Special Provisions for Permanent Loan Affecting this Agreement. The
Agency agrees that, in addition to all the Mortgagee protection provisions
hereinabove, the following additional provisions shall be applicable to any Loan or
refinancing thereof ("Permanent Loan") which is funded to Developer on or after
completion of construction of the Project and issuance of the Certificate of
Completion by the Agency, and which provisions shall apply in favor of the Lender,
Mortgagee or other holder of the Permanent Loan or refinancing thereof, and their
successors and assigns in interest (the "Permanent Lender"), including without
limitation the Federal National Mortgage Association ("Fannie Mae"):
a. Indemnification. Neither the Permanent Lender nor any successor
in interest to the Permanent Lender will assume or take subject to any liability for the
indemnification obligations of the Developer under this Agreement for acts or
omissions of the Developer prior to any transfer of title to the Project to the
Permanent Lender, whether by foreclosure, deed in lieu of foreclosure or comparable
conversation of the Permanent Loan, and further the Developer must remain liable
under the indemnification provisions of this Agreement for its actions and omissions
prior to any transfer of title to the Permanent Lender. The Permanent Lender will
agree to indemnify the Agency but only for acts and omissions of the Permanent
Lender which occur following acquisition of the Project by the Permanent Lender and
occurring during the period of the Permanent Lender's ownership and operation of the
Project, whether such acquisition is by foreclosure, deed in lieu of foreclosure or
comparable conversion of the Permanent Loan.
b. Sale or Transfer. No restrictions on sale or transfer of the Project
shall apply to any transfer of title to the -Project to the Permanent Lender by
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13
foreclosure, deed in lieu of foreclosure or comparable conversion of the Permanent
Loan. No transfer of the Project may operate to release the Developer from its
obligations under this Agreement arising prior to such transfer. Nothing contained in
this Agreement may affect any provision of the Permanent Loan or any Permanent
Loan document which requires the Developer to obtain the consent of the holder of
the Permanent Loan as a precondition to sale, transfer or other disposition of the
Project.
C. Termination. The Permanent Lender shall have the right to
terminate this Agreement in the event of an involuntary noncompliance with the
provisions of this Agreement caused by foreclosure of the lien of the Permanent Loan,
delivery of a deed in lieu of foreclosure or comparable conversion of the Permanent
Loan, fire, seizure, requisition, change in a federal law, or an action of a federal
agency which prevents the Agency from enforcing the provisions of this Agreement,
or condemnation or a similar event, but only if (i) within a reasonable period thereafter
the bonds ("Bonds") issued in connection with the Permanent Loan, in an aggregate
principal amount equal to the Permanent Loan are paid in full and retired, and further,
this Agreement shall be reinstated if, at any time subsequent to the termination of this
Agreement as the result of the foreclosure of the lien of the Permanent Loan, the
delivery of a deed in lieu of foreclosure or comparable conversion of the Permanent
Loan, the Developer or any related person (within the meaning of Section 1.103-10(e)
of the Treasury Regulations) obtains an interest in the Project which constitutes an
ownership interest for federal income tax purposes, or (ii) an opinion of bond counsel
is delivered to the issuer of the Bonds to the effect that such termination will not
adversely affect the exclusion from gross income for federal income tax purposes of
the interest payable on the Bonds.
d. Enforcement. Upon any default by the Developer under this
Agreement, the Agency may seek specific performance of this Agreement or enjoin
acts which may be unlawful or in violation of this Agreement, but the Agency may not
seek to recover damages from the Developer apart from any claim of indemnification
hereunder.
The obligations of the Developer under this Agreement for the payment of its
indemnification obligations may not be secured by or in any manner constitute a lien
on the Project, and no person may have the right to enforce such indemnification
obligations other than directly against the Developer. No subsequent owner of the
Project may be liable or obligated for the breach or default of any obligation of any
prior owner under this Agreement, including, but not limited to, any payment or
indemnification obligation. In addition, promptly upon determining that a violation of
this Agreement has occurred, the Agency must, by notice in writing to the Permanent
Lender inform the Permanent Lender that such violation has occurred, the nature of
the violation and that the violation has been cured or has not been cured, but is
curable within a reasonable period of time, or is incurable.
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M
ARTICLE 11. DISCRIMINATION
11.1 No Discrimination. There shall be no discrimination against, or
segregation of, any persons, or group of persons, on account of race, color, creed,
religion, sex, marital status, ancestry, or national origin in the enjoyment of the
Project, nor shall Developer itself, or any person claiming under or through it, establish
or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use, or occupancy of tenants, lessees,
subtenants, sublessees, or vendees of the Property or any portion thereof.
ARTICLE 12. DEFAULTS, REMEDIES, AND TERMINATION
12.1 Defaults -General.
Subject to the extensions of time set forth in Article 8 hereof, failure or
delay by any Developer to perform any term or provision of this Agreement
constitutes a default under this Agreement; provided, however, Developer shall not
be deemed to be in default if (i) Developer cures, corrects or remedies such default
within thirty (30) days after receipt of a notice of default from the party specifying the
default, where the default can be cured by the payment of money to the Agency or
some other person, or (ii) Developer cures, corrects, or remedies such default within
sixty (60) days after receipt of a notice from the party specifying such failure or delay,
where the default must be cured by something other than the payment of money and
can be cured within that time, or (iii) for defaults where something other than the
payment of money is required to cure the default and the default cannot reasonably
be cured, corrected, or remedied within such sixty (60) day period, if Developer
commences to cure, correct, or remedy such failure or delay within such sixty (60)
day period after receipt of a notice from the Party giving notice of said default
specifying such failure or delay, and diligently prosecutes such cure, correction or
remedy to completion.
The Agency claiming a default (the "Notifying Party") shall give written
notice of default to Developer, specifying the default complained of by the Notifying
Party. Copies of any notice of default given to Developer shall also be given to each
Mortgagee. Except as required to protect against further damages, the Notifying Party
may not institute proceedings against Developer in default until the time for cure,
correction, or remedy of a default has expired. Upon the expiration of time to cure the
default of Developer, the Notifying Party shall give written notice to Developer and
each Mortgagee of Developer's failure to cure the default or breach ("Second Default
Notice"). Except as otherwise expressly provided in this Agreement, any failure or
delay by a Party in giving a notice of default or in asserting any of its rights and
remedies as to any default shall not constitute a waiver of any future default.
12.2 Termination by A enc . Subject to the provisions of Articles 8 and 10
hereof, and provided that the Agency is not in default under this Agreement, the
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15
Agency shall have the right to terminate this Agreement upon written notice to
Developer if: (i) Developer shall have failed to obtain any of the Project Approvals
required for construction of the Project as required by the OPA within the applicable
time set forth in the OPA, or (ii► Developer shall have failed to commence construction
of the Project pursuant to a valid building permit or permits and has not diligently
completed such construction as required under the OPA within the applicable time set
forth in the OPA, or (iii) if Developer shall, after the expiration of any applicable grace
period herein provided for, be in default under the terms of this Agreement.
12.3 Legal Actions.
a. Institution of Legal Actions. In addition to any other rights or
remedies, any party may institute legal action to cure, correct, or remedy any default,
to recover damages for any default, or to obtain any other remedy consistent with the
purposes of this Agreement. Such legal actions must be instituted and maintained in
the Superior Court of the County where the Property is located, or in any other
appropriate court in that county.
b. Applicable Law. The laws of the State of California shall govern
the interpretation and enforcement of this Agreement.
12.4 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 its 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.
12.5 Attorney's Fees. If any Party to this Agreement is required to initiate or
defend litigation in any way connected with this Agreement, the prevailing Party in
such litigation, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. If any Party to this
Agreement is required to initiate or defend litigation with a third party because of the
violation of any term or provision of this Agreement by the other party, then the Party
so litigating shall be entitled to reasonable attorney's fees from the other Parties to
this Agreement. Attorney's fees shall include attorney's fees on any appeal, and in
addition a Party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action, retaining expert witnesses, taking depositions and
discovery, and all other necessary costs incurred with respect to such litigation. All
such fees shall be deemed to have accrued on commencement of such action and
shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 13. EFFECT OF COVENANTS
13.1 Covenants Running With The Land In Favor Of Agencv. The Agency is
deemed beneficiary of the terms and provisions of this Agreement and of the
SJCARC. KB
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16
restrictions and covenants running with the land for and in its own right and for the
purposes of protecting the interests of the community and other parties, public or
private, in whose favor and for whose benefit the covenants running with the land
have been provided. The covenants in favor of the Agency shall run without regard
to whether the Agency has been, remains, or is an owner of any land or interest
therein in the Project.
ARTICLE 14. GENERAL PROVISIONS.
14.1 Notices and Demands Between the Parties. All notices and demands
between the Agency and Developer shall be in writing and shall be given either by (i)
personal service, (ii) delivery by reputable document delivery service such as Federal
Express that provides a receipt showing date and time of delivery, or (iii) mailing in the
United States mail, certified mail, postage prepaid, return receipt requested, addressed
to:
To Agency: San Juan Capistrano Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attn: Executive Director
With a copy to: Stradling, Yocca, Carlson & Rauth
660 Newport Center Drive
Suite 1600
Newport Beach, California 92660
Attn: Thomas P. Clark, Jr.
To Developer: San Juan Capistrano Housing Investors, L.P.
c/o LINC Housing Corporation
4 Venture, Suite 275
Irvine, California 92718
With a copy to: Kaufman and Broad Multi -Housing Group, Inc.
10990 Wilshire Boulevard, 7th Floor
Los Angeles, California 90024
Attn: Michael Costa
John Bertero, Esq.
Kaufman and Broad
5000 Hopyard Road, Suite 190
Pleasanton, California 94588
Notices personally delivered or delivered by document delivery service shall be deemed
effective upon receipt. Notices mailed shall be deemed effective on the fifth business
day following deposit in the United States mail. Such written notices and demands
SJCARC. KB
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17
shall be sent in the same manner to such other addresses as either party may from
time to time designate by mail.
14.2 Nonfiability of Agency Officials and Employees; Conflicts of Interest. No
member, official, employee, or contractor of the Agency shall be personally liable to
Developer in the event of any default or breach by the Agency or for any amount
which may become due to Developer or on any obligations under the terms of this
Agreement. No member, official, employee, or agent of the Agency shall have any
direct or indirect interest in this Agreement nor participate in any decision relating to
this Agreement which is prohibited by law.
14.3 No Agency or Partnership. The parties acknowledge that, in entering into
and performing this Agreement, each is acting as an independent entity and not as an
agent of the other in any respect. Nothing contained in this Agreement or in any
document executed in connection herewith shall be construed as making the City or
the Agency joint venturers or partners with the Developer.
14.4 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule
of construction which might otherwise apply.
14.5 Cautions, Recitals and Exhibits. The Article, Section and paragraph
captions and headings are for purposes of convenience only, and shall not be
construed to limit or extend the meaning of this Agreement, the text of which shall
control. The Recitals of and the Exhibits to this Agreement are hereby incorporated
into this Agreement.
14.6 Entire Agreement, Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or
any part of the subject matter hereof. All references herein to this Agreement shall
mean and include the Exhibits hereto unless the context otherwise requires. All
waivers of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the party to be charged, and all amendments and
modifications hereto must be in writing and signed by the appropriate authorities of
the Agency and Developer.
14.7 Severability. If any term, provision, covenant, or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of this Agreement shall not be affected thereby to the
extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. In the event that all or any portion of
this Agreement is found to be unenforceable, this Agreement or that portion which
is found to be unenforceable shall be deemed to be a statement of intention by the
SJCARC.KB
113095
W.
parties; and the parties further agree that in such event, and to the maximum extent
permitted by law, they shall take all steps necessary to comply with such procedures
or requirements as may be necessary in order to make valid this Agreement or that
portion which is found to be unenforceable.
14.8 Authority of Si nators to Bind Princi als. The persons executing this
Agreement on behalf of their respective principals represent that they have been
authorized to do so and that they thereby bind the principals to the terms and
conditions of this Agreement.
14.9 Assignment and Transfer.
a. Prohibition. The identity and qualifications of the Developer are of
particular concern to the Agency. It is because of this identity and these
qualifications that the Agency has entered into this Agreement with the Developer.
Except as otherwise provided in this Agreement, during the term of this Agreement,
no voluntary or involuntary successor in interest of the Developer shall acquire any
rights or powers under this Agreement by assignment or otherwise, nor shall
Developer make any total or partial sale, transfer, conveyance, encumbrance to secure
financing, assignment or lease of the whole or any part of the Project without the
prior written approval of the agency, except as expressly set forth herein. Any
purported transfer, voluntary or by operation of law, in violation of this Section 14.9
shall constitute a default hereunder and shall be void.
b. Permitted Transfers. Notwithstanding any other provision of this
Agreement to the contrary, Agency approval of an assignment of this Agreement or
conveyance of the Project or any part thereof, shall not be required in connection with
any of the following:
(i) The conveyance or dedication of any portion of the Property to the
City, the Agency or other appropriate governmental agencies, or the granting of
easements or permits to public utilities to facilitate the construction of the Project on
the Property, or
(ii) Subject to the restrictions set forth in this Agreement, the rental
of units in the Project, including the rental of the Restricted Units to Qualified Lower
Income and Very Low Income Households, and the rental of units to Senior Citizen
occupants as provided in this Agreement, or
(iii) The encumbering of the Project by Liens and Mortgages as
provided in the OPA, or
(iv) The transfers described in Article 10 of this Agreement for
Mortgagee protection, or
SJCARC.KB
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W,
(v) The replacement of personal property and fixtures.
C. Agency Consideration of -Requested Transfer. The Agency agrees that
it will not unreasonably withhold approval of a request made pursuant to this Section
14.9 provided the Developer delivers written notice to the Agency requesting such
approval. Such notice shall be accompanied by evidence regarding the proposed
assignee's or purchaser's development, operation and management qualifications and
experience and its financial commitments and resources sufficient to enable the
Agency to evaluate the proposed assignee or purchaser pursuant to the criteria set
forth in this Section 14.9 and other criteria as reasonably determined by the Agency.
Within thirty (30) days after the receipt of the Developer's written notice
requesting Agency approval of an assignment or transfer pursuant to this Section
14.9, the Agency shall respond in writing by stating what further information, if any,
the Agency requires in order to determine the request complete and determine
whether or not to grant the requested approval. Upon receipt of such a response, the
Developer shall promptly furnish to the Agency such further information as may be
requested.
An assignment approved by the Agency pursuant to this subdivision (c) shall
not be effective unless and until the proposed assignee executes and delivers to the
Agency an agreement in form reasonably satisfactory to Agency's legal counsel
assuming the obligations of Developer which have been assigned. Thereafter, the
assignor shall remain responsible to the Agency for performance of the obligations
assumed by the assignee unless the Agency releases the assignor in writing.
d. Successors and Assigns. All of the terms, covenants and conditions of
this Agreement shall be binding upon the Developer and the permitted successors and
assigns of the Developer. Whenever the term "Developer" is used in this Agreement,
such term shall include any other permitted successors and assigns as herein
provided.
e. Changes in Partners. Notwithstanding anything contained to the
contrary in this Agreement, Developer shall have the right to:
(i) Admit additional limited or general partners,
(ii) Permit the initial limited partner to withdraw from the Developer,
and
(iii) Replace the general partner of Developer for cause with another
general partner who, or the principals of which, have substantial experience in owning
or operating apartment projects similar to the Project.
SJCARC.KB
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20
14.10 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first written hereinabove.
AGENCY:
SAN JUAN CAPI
a publi y, cc
By:
Na e:
Title: G.,.
p TT EST:
B":
Secretary
APPRGVEu' S T FO
By:
oeys for t e San Juan Capistrano
eve lopme t Agency
SJCARC. KB
113095
DEVELOPER:
CY,
SAN JUAN CAPISTRANO HOUSING INVESTORS, L.P.,
a California limited partnership
By: LINC Housing Corporation,
General rtner
By:
Name:
Title: c V'
21
SJCARC.KB
113095
Exhibit A
Description of Property
[See Exhibit A attached hereto and made a part hereof]
22
EXHIBIT "A"
That portion of the Southwest quarter of Section 6 Township 8 South, Range 7 West, San
Bernardino Base and Meridian, in the City of San Juan Capistrano, County of Orange, State
of California, described as follows:
Beginning at the intersection of the center lines of Ganado Road and the old Ortega
Highway, as shown on a map filed in book 27 page 8 of Record of Surveys in the office of
the County Recorder of Orange County, California, said point being the most Northerly
comer of land described in the deed to Arley H. Leck and wife, recorded December 24,
1954 in book 2905 page 363 of Official Records; thence South 42 ° 02' 00" East 104.10
feet along the center line of said Ganado Road to an angle point in said land of Leck;
thence South 03* 20' 10" West 169.97 feet; thence South 63* 23' 00" West 7.24 feet along
the Southeasterly line of said land of Leck to the true point of beginning, said point lies on
the Westerly right of way line of Rancho Viejo Road; thence South 21 ° 00' 15" East along
the Westerly right of way line of Rancho Viejo Road 15.27 feet; thence leaving said right
of way line, South 03° 20' 10" West 294.00 feet; thence South 74° 29' 00" West 255.73
feet; thence North 15* 28' 37" West 12.93 feet; thence North 59* 36' 20" West 20.50 feet
to a point on a non -tangent curve concave Northwesterly having a radius of 25.00 feet;
thence Southerly and Westerly along said curve an arc distance of 19.25 feet, through a
central angle of 44° 07' 43" to a tangent line; thence South 74° 31' 23" West 51.29 feet to
a tangent curve concave Northeasterly, having a radius of 25.00 feet; thence Westerly and
Northerly along said curve an arc distance of 46.89 feet, through a central angle of 107*
27' 18" to a tangent line; thence North 01* 58' 40" East 87.43 feet; thence North 400 17'
45" East 36.81 feet; thence North 030 24' 18" East 65.51 feet to the Southerly line of
Parcel 2 of Parcel Map No. 85-328 as filed in book 241 pages 12 and 13 of Parcel Maps,
records of the County of Orange; thence North 63* 23' 00" East along the Southerly line of
said parcel map 218.99 feet to the Southeasterly comer of said Parcel Map No. 85-328;
thence North 16° 33' 40" West along the Easterly line of said parcel map 202.59 feet to the
Southerly right of way line of Ortega Highway; thence North 68° 59' 45" East along the
Southerly right of way line of Ortega Highway 124.81 feet to a tangent curve concave
Southwesterly having a radius of 25.00 feet; thence Easterly and Southerly along said curve
an arc distance of 39.27 feet, through a central angle of 90° 00' 00" to a tangent line, said
point lying on the Westerly right of way line of Rancho Viejo Road; thence South 21* 00'
15" East along the Westerly right of way line of Rancho Viejo Road 160.67 feet to the true
point of beginning.
Said land is also shown as Lot 2 of Lot Line Adjustment No. 95 -PM 85-328-1, recorded
October 30, 1995, as Instrument No. 95-480794, Official Records.
STATE OF CALIFORNIA
Lg
ss.
COUNTY OF j,'II?Y ` }
On this day of
undersigned a Notary Public in
PDT" T. &awl
�11 . c' before me, ,the
and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(,&) whose name( -s) Peru— subscribed to the within instrument and
acknowledged to me thatshut executed the same in6 herftheir authorized
capacity¢ies►, and that by Iherhtheir signature(s) on the instrument the person(&) or
the entity upon behalf of which the person( acted, executed the instrument.
Witness my hand and official seal.
JEFFREY S. NO7_AKI
COMM. #1044321 X
L NOTARY PUBLIC - CALIFORNIA M
ORANGE COUNTY
Mj Conirn. E fes WV. 6111M�
�"►""�"�"►' Nt Iviolic
[SEAL]
STATE OF CALIFORNIA
ss.
COUNTY OF
On this day of , 19 , before me, , the
undersigned a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[SEAL]
SJCARC.KB
113095
Notary Public
23
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
(Gov't Code 40814 & Civil Code 118 1)
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
On C mlea' l 9,? 5 ,before me,.L L. ey % X120— 1� i ,
City Clerk, personally appeared (� a rhe 5 -- hCG' Y4 UQh
(SEAL)
personally known to me to be the person(,4 whose name*
is/ar-e subscribed to the within instrument and acknowledged
to me that he/fey executed the same in his/heir
authorized capacity(ios), and that by his/herhheir signature(
on the instrument the person(s-, or the entity upon behalf of
which the perso*) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Capacity Claimed by Signer Description of Attached Document
Municipal Corporate Officer
Title
Signer is Representing
City of San .Juan C pistrano
141g,,4 c�
Avez-enard Ue, (?0-Ve~-6
C f7 rAxe&lP-,-
Title or 'F;pe of Documeq�--
c n `j am (,6 o s .f- c12 57'V Y
'Oe `f'
Number of Pages
aver 9 5
Date of Document
,.v. / ti, 4AeL-
Signer(s) Other Than Named Above