16-0606_PACIF POINT DEVELOPMENT PARTNERS, LLC_Amended & Restated Dev. Agr Second AmdRECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
WHEN RECORDED, MAIL TO:
Maria Morris , City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Government Code §§27383 , 6103
City of San Juan Capistrano
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
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2016000469760 10:16 am 09/28/16
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This Space for Recorder's Use Only
Second Amendment to Amended and Restated Development Agreement for the
Pacifica San Juan Project Between the City of San Juan Capistrano and Pacific
Point Development Partners, LLC
6114 7 .00000\24820090 .1
SECOND AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT
AGREEMENT FOR THE PACIFICA SAN JUAN PROJECT BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND PACIFIC POINT DEVELOPMENT
PARTNERS,LLC
This Second Amendment to the Amended and Restated Development Agreement
for the Pacifica San Juan Project (the "Amendment") is entered into between the
City of San Juan Capistrano , a municipal corporation ("City"), and Pacific Point
Development Partners , LLC , a California limited liability company ("Owner"). City
and Owner are referred to collectively within this Amendment as the ''Parties ."
RECITALS
A. Owner owns the real property within the City (the "Property") which is described on
Exhibit ''A" and shown on Exhibit "B" to this Amendment. The Property represents
the remaining undeveloped portion of a 257 -acre development project which has
been known as both "Pacific Point" and "Pacifica San Juan" (the "Project").
B. In 1992, City and Owner's predecessors entered into a Development Agreement
which was subsequently amended in 2002 and amended and restated in 2004 and
Amended on May 16, 2014 (collectively, the "Development Agreement").
C . The Parties have now agreed to an extension of the Term of the Development
Agreement.
D . This extension was approved by the City Council by ordinance on JLA.ne lo. .'
2016.
AGREEMENT
The Parties agree as follows:
1. Section 4.1 of the Development Agreement shall be amended in its entirety to
read:
''Term of Agreement. Unless otherwise extended , terminated or modified pursuant
to this Agreement, the term of this Agreement (the ''Term") shall commence on the
Effective Date and shall extend through January 16, 2022."
Except as so modified , all provisions of the Development Agreement shall remain in
full force and effect.
This Amendment has been signed as of \ \oP. \a , 2016, the effective date of the ordinance
approving this Amendment.
[Signatures on following page]
hl1 4 7 001100 2 -1 2001/U I
SIGNATURE PAGE TO SECOND AMENDMENT TO AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR THE PACIFICA SAN JUAN PROJECT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PACIFIC POINT
DEVELOPMENTPARTNERS,LLC
"City"
n Juan Capistrano,
I corporation
Approve as to Form
61147 .00000 \24 820090 .1
"Owner"
Pacific Point Development Partners, LLC
a Delaware limited liability company
By: Taylor Morrison Pacific Point Holdings, LLC,
a Delaware limited liability company,
Byltt\~a
Philip S. Bod em
Name ------------------------
Title
Vice President
--------------------------
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF C)yo.. vlj e._
On Av'J) v s+ '2-2-, 20_!1, before me, /\:,1\\e 'I :Xt\n Motltev-'Notary Public,
personally appeared ph I \I p S . Bo ole fYl , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity, and that by his/her/their signature on the instrument the person, or
the entity upon behalf of which the person acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature-----+~_.:;_.,___ ________ _
(seal)
61147 .00000\24820090 .1
EXHIBIT A
Leg a I Description of the Property
Real property In the City of San Juan Capistrano, County of Orange, State of California,
described as follows:
PARCEL 1: (APN'S: 675-085-39, 675-085-01 THROUGH 675-085-38, 675-085-47, 675-085-
48, 675-081-19, 675-085-45 AND 675-085-46)
LOTS 1, 7 THROUGH 44, INCLUSIVE, AND Lk 1 f FRED LOTS A THROUGH E, INCLUSIVE, OF
TRACT NO, 14196, AS PER MAP RECORDED IN BOOK 875, PAGES 16 THRU 21 INCLUSIVE, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AMENDED PURSUANT TO THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED DECEMBER
22, 2008 AS INSTRUMENT NO. 2008000584708 OF OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE
INCOME ACCRUING HEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE, BY DEED RECORDED JUNE 6, 1956, IN BOOK 3538, PAGE 550 OF
OFFICIAL RECORDS, AND RERECORDED JULY 20, 1956, IN BOOK 3584, PAGE 339, OF OFFICIAL
RECORDS,
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 14196,
PARCEL 2: (APN'S: 675-444-01 THROUGH 675-444 23, 675-444-24, 675-444-25, 675-442-
05 THROUGH 675-442-07)
LOTS 1 THROUGH 23, INCLUSIVE, AND LEI ILRED LOTS A, B, AND D THROUGH F, INCLUSIVE, OF
TRACT NO, 15609, AS PER MAP RECORDED IN BOOK 885, PAGES 37 THRU 44 INCLUSIVE, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 15609.
PARCEL 3: (APN'S: 675-081-17, 675-081-20, 675-081-22, 675-411-74, 675-081-21, 675-
081-23, 675-411-72, 675-081-18)
LOTS 1 AND 2, INCLUSIVE, AND LETTERED LOTS A THROUGH E, INCLUSIVE, OF TRACT NO.
15687, AS PER MAP RECORDED IN BOOK 875, PAGES 1 THRU 5, INCLUSIVE, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE
INCOME ACCRUING HEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE, BY DEED RECORDED JUNE 6, 1956, IN BOOK 3538, PAGE 550 OF
OFFICIAL RECORDS, AND RERECORDED JULY 20, 1956, IN BOOK 3584, PAGE 339, OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 15687.
61147.00000\24820090 .1
PARCEL 4: (APN'S; 675-443-02, 675-443-01, 675-441.01, 675-443-03, 675-442-04, 675-441-05, 675-
442-01, 675-441-03, 675-441-02)
LOTS 1 AND 2, INCLUSIVE, AND LETTERED LOTS A, B, AND D THROUGH H, INCLUSIVE, OF TRACT
NO. 16747, AS PER MAP RECORDED IN BOOK 885, PAGES 10 THRU 18 INCLUSIVE, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y.
PARCEL 4A: (APNI 675-441-04 AND 675-441-06)
LOT 1 OF TRACT NO. 16747, AS PER MAP RECORDED IN BOOK 885, PAGES 10 THRU 18 INCLUSIVE,
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE. COUN1Y RECORDER OF SAID COUN1Y.
ACCEPTING THEREFROM THAT PORTION OF LE 11 FRED LOT I OF TRACT 16747, INCLUDED
WITHIN PARCEL 1 AS DESCRIBED IN DCHIBIT'A" AND SHOWN ON EXHIBIT "B" OF LOT LINE
ADJUSTMENT NO. 07-16747-01, SAID LOT LINE ADJUSTMENT RECORDED MAY 8, 2007, AS
INSTRUMENT NO. 07-0298751, OF OFFICIAL RECORDS OF SAID COUN1Y,
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CI1Y OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16747.
PARCEL 5: (APN'S; 675-411-75 AND 675-411-71)
LETTERED LOTS A AND B, INCLUSIVE, OF TRACT NO. 16748, AS PER MAP RECORDED IN BOOK 875,
PAGES 6 THRU 10 INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUN1Y RECORDER
OF SAID COUN1Y.
ALSO EXCEPT THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE INCOME
ACCRUING HEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND
AND WIFE, BY DEED RECORDED JUNE 6, 1956, IN BOOK 3538, PAGE 550 OF OFFICIAL RECORDS,
AND RERECORDED JULY 20, 1956, IN BOOK 3584, PAGE 339, OF OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CI1Y OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16748,
PARCEL 6: (APN: 675.411-73)
LETTERED LOT A, OF TRACT NO. 16749, AS PER MAP RECORDED IN BOOK 875, PAGES 11
THRU 15 INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUN1Y RECORDER OF
SAID COUN1Y.
ALSO EXCEPT THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE INCOME
ACCRUING HEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND
AND WIFE, BY DEED RECORDED JUNE 6, 1956, IN BOOK 3538, PAGE 550 OF OFFICIAL RECORDS,
AND RERECORDED JULY 20, 1956, IN BOOK 3584, PAGE 339, OF OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CI1Y OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16749.
61147.00000\24820090 .1
PARCEL 7: (APN'S: 675-421-07 THROUGH 675-421-13, 675-431-18 THROUGH 675-431-33, 675-
431-38, 675-421-19, 675-431-39, 675-431-34 THROUGH 675-431-37, 675-421-16, 675-421-18,
675-351-17 AND 675-361-17)
LOTS 16 THROUGH 38, INCLUSIVE, AND LETTERED LOTS A THROUGH J, INCLUSIVE, OF TRACT
NO. 16750, AS PER MAP RECORDED IN BOOK 883, PAGES 1 THRU 10 INCLUSIVE, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
ALSO EXCEPT THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH
THE INCOME ACCRUING HEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON
KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 6, 1956, IN BOOK 3538, PAGE 550 OF
OFFICIAL RECORDS, AND RERECORDED JULY 20, 1956, IN BOOK 3584, PAGE 339, OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16750,
PARCEL 8: (APN'S: 675-451-01 THROUGH 675-451-22, 675-451-25, 675-451-26, 675-451-28
THROUGH 675-451-31)
LOTS 1 THROUGH 22, INCLUSIVE, AND LETTERED LOTS A, B, D, E, G AND H, OF TRACT NO,
16751, AS PER MAP RECORDED IN BOOK 885, PAGES 19 THRU 23 INCLUSIVE, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO, 16751,
PARCEL 9: (APN'S: 675-471-01 THROUGH 675-471-41, 675-461-01 THROUGH 675-161-52)
LOTS 1 THROUGH 82, INCLUSIVE, AND LETTERED LOTS A THROUGH I, INCLUSIVE, OF TRACT
NO. 16752, AS PER MAP RECORDED IN BOOK 885, PAGES 24 THRU 36 INCLUSIVE, OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPT THEREFROM, AN UNDNIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH
THE INCOME ACCRUING HEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON
KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 6, 1956, IN BOOK 3538, PAGE 550 OF
OFFICIAL RECORDS, AND RERECORDED JULY 20, 1956, IN BOOK 3584, PAGE 339, OF OFFICIAL
RECORDS.
ALSO EXCEPT THEREFROM ALL WATER RIGHTS AS DEDICATED TO THE CITY OF SAN JUAN
CAPISTRANO ON THE MAP OF TRACT NO. 16752,
61147.00000\24820090.1
61147.00000 \2 4 820090.1
EXHIBITS
Map of the Property
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On June 6, 2016 , before me, Maria Morris, City Clerk, personally appeared
Pam Patterson, Esq., Mayor, and Jeff Ballinger, City Attorney, who proved to me on the basis of
satisfactory evidence to the be person whose name is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that
by his/her/there signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
Mayor
City Attorney
Title
Signer is Representing
City of San Juan Capistrano
and and official seal.
Description of Attached Document
Amendment to Development Agreement for the Inn at
the Mission San Juan Capistrano Project, formerly
known as the Plaza Banderas Hotel and Mixed Use
Project, Between the City of San Juan Capistrano and
South Coast Investors II, LLC.