16-0606_SOUTH COAST INVESTORS II, LLC_Amd to Development Agreement •
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
WHEN RECORDED, MAIL TO:
Maria Morris, City Clerk Recorded in Official Records, Orange County
City ofSan Juan Capistrano Hugh Nguyen, Clerk-Recorder
32400 Paseo Adelanto IIH$ �R 110 111111111 111 JMIII 111 111111 NO FEE
San Juan Capistrano, CA 92675 0 0 0 9 0 0 5 5 7 9 $
2017000024391 9:40 am 01/19/17
Exempt from Recording Fees: 65 401 Al2 9
Government Code §§27383, 6103 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
City of San Juan Capistrano
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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
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
This First Amendment to the Development Agreement for the Inn at the
Mission San Juan Capistrano Project, formerly known as the Plaza Banderas
Hotel and Mixed Use Project (the "Amendment"), is entered into between the
City of San Juan Capistrano, a municipal corporation ("City"), and South Coast
Investors II, LLC ("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 and shown on Exhibit "A" to this Amendment. The Property
represents the 3.18-acre development project located at 26891 Ortega
Highway (Assessor Parcel Numbers 124-170-12, 14, 15, & 16) known as the
"Inn at the Mission San Juan Capistrano Project," and formerly known as the
"Plaza Banderas Hotel and Mixed Use Project "(the "Project").
B. In 2011, City and Owner's predecessor-in-interest, Stroscher G3, LLC, entered
into a Development Agreement for the Project; Recorded Instrument No.
2011000382839.
C. In 2015, Stroscher G3, LLC, duly assigned its interest in and to the Property to
South Coast Investors II, LLC.
D. The Parties have now agreed to an extension of the Term of the
Development Agreement, pursuant to Section 2.3 thereof.
E. This extension was approved by the City Council by Ordinance No. 1033 on
June 6, 2016.
AGREEMENT
The Parties agree as follows:
1. Pursuant to Section 2.3 of the Development Agreement, the term of the
Development is extended for one year, to and including August 3, 2017.
Except as so modified, all provisions of the Development Agreement shall
remain in full force and effect.
This Amendment has been signed as of June 6, 2016, the effective date of the
ordinance approving this Amendment.
[Signatures on following page]
SIGNATURE PAGE TO 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
"City" "Owner"
City of San Juan Capistrano, South Coast Investors II, LLC
a muni .sal corporation
i a
i INP-
Mayor Name WN, t..Mnzt ,1"-
Title -i->v_..-i‹. f t .v
Attest:
rr
0
L 1 .
aria Morris, ity erk
Approve as to Form
C' yAtoimey
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 January 12, 2017, before me, Christy Jakl, Assistant City Clerk, personally appeared
Pam Patterson, Mayor and Jeff Ballinger, City Attorney, who proved to me on the basis of
satisfactory evidence to the be 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/there signature on the instrument the person(s),or the entity upon behalf of which
the person(s) 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)
WITNESS my hand and official seal.
C risty 'aid Assr ant4"ty Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
Mayor Amendment to Development Agreement for the
City Attorney Inn at the Mission San Juan Capistrano Project,
formerly known as the Plaza Banderas Hotel and
Title Mixed Use Project,Between the City of San Juan
Capistrano and South Coast Investors II, LLC
Signer is Representing
City of San Juan Capistrano
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(rar
On`b-ec-e,,,6cr 2 , 20 , before me, . .,o wvoy , Notary
Public, personally appeared v1/4. �\,\viivsn S. fir,F4 Ft , who ptoved to me on
the basis of satisfactory evidence to be the person(14whose 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.
M.CONROY BERRY
Signature ly�.a� ;I 1a r' Commission No. 2040648 Z
'�`�`' NOTARY PUBLIC-CALIFORNIA j
ORANGE COUNTY
(seal) My Comm Expires SEPTEMBER 8,2017
EXHIBIT A
Legal Description of the Proper
EXHIBIT 'A'
LOT LINE ADJUSTMENT
LL2015 - LLA 15-004-
(LEGAL
5-004(LEGAL DESCRIPTION)
CURRENT RECORD OWNER EXISTING PARCELS PROPOSED PARCELS
A.P.NUMBERS REFERENCE NUMBERS
SOUTH COAST INVESTORS II,LLC POR.LOT 12 OF TRACT NO.103 A.P.124-170-12 PARCEL 1
SOUTH COAST INVESTORS II,LLC POR.LOT 12 OF TRACT NO.103 A.P.124-170-12 PARCEL 1
SOUTH COAST INVESTORS II,LLC POR.LOT 12 OF TRACT NO.103 A.P.124-170-12 PARCEL 1
Parcel 1: Page 1 of 2
In the City of San Juan Capistrano, County of Orange, State of California, being a portion of Lot 12 of Tract
No.103 filed in Book 11, Pages 29 through 33, inclusive, of Miscellaneous Maps, in the Office of the County
Recorder of said County described as follows:
Beginning at the southwest corner of said Lot 12, thence along the southerly line of said Lot, South
81°19'47" East 67.38 feet to the northerly line of that certain 80.00 feet strip of land conveyed to the State of
California by Deed recorded June 28, 1940 in Book 1049, Page 349 of Official Records in said County, said
line being parallel with and distant northerly 40.00 feet from the centerline of Ortega Highway as shown on
Record of Survey 2009-1078 filed in Book 246, Pages 32 through 43, inclusive of Records of Surveys in the
Office on the County Surveyor of said County; thence along said northerly and parallel line the following two
courses:
1)South 84°43'58" East 4.32 feet, to the being to the beginning of a curve concave northerly having a radius
of 960.00 feet,
2)easterly along said curve 69.31 feet through a central angle of 4°08'12" to the northwesterly line of the land
described as Parcel 1 in the Deed to the State of California recorded November 21, 1957 in Book 4110, Page
520 of Official Records; thence along said northwesterly line the following three(3)courses:
1) North 73°02'22" East 119.14 feet to the beginning of a non-tangent curve concave northerly having a
radius of 729.69 feet, a radial bearing to said point bears South 08°55'33" East,
2)easterly along said curve 144.00 feet through a central angle of 11°18'25",
. ............ .........
3)and North 69°46'02" East 282.05 feet to the southwesterly line of the land described as Parcel 2 of said
Deed recorded in Book 4110 Page 520 of Official Records; thence along said southwesterly line North
58°27'15" West 174.45 feet to the northerly line of said Lot 12; thence along said northerly line; North
84°27'02" West 435.39 feet to a point that is distant South 84°27'02" East 120.00 fettiffiiiiii451.6rthwest
corner of said Lot; thence perpendicular South 05°32'58"West 60.00 feet;
EXHIBIT 'A'
LOT LINE ADJUSTMENT
LL 2015 - LLA15-004-
(LEGAL DESCRIPTION)
CURRENT RECORD OWNER EXISTING PARCELS PROPOSED PARCELS
A.P.NUMBERS REFERENCE NUMBERS
SOUTH COAST INVESTORS II,LLC POR LOT 12 OF TRACT NO, 103 AP. 124-170-12 PARCEL 1
SOUTH COAST INVESTORS II.UC POR 101 12 OF TRACT NO. 103 A.P. 124-170-12 PARCEL 1
SOUTH COAST INVESTORS II,LLC FOR.LOT 12 OF 11LACT NO. 193 A.P. 124-170-12 PARCEL 1
Page 2 of 2
thence perpendicular North 84°2702" West 105,22 feet to the west line of said Lot, thence along said west
line South 817'56" East 240.41 feet to the Point of Beginning.
The bearings and distances herein are per Record of Survey 2009-1078 filed in Book 246, Pages 32 through 43,
inclusive of Records of Surveys in the Office on the County Surveyor of said County,the distances were
convened from grid to ground for the purpose of this description.
Containing an area of 3.098 acres,more or less
Note: There may be easements of record delineated and referenced on the underlying maps or there may be other recorded
easement within the area being adjusted that are not shown on this document that could encumber said parcels herein.
As shown on Exhibit "B"attached hereto and by this reference made a part thereof.
This description was prepared by me or under my direction,
LAND
-cc31
Robert L Wheeler IV,L.S.8639
My License Expires: 12/31/2015 No. 8639
Date: r
O November 18,2015
°F CAL\ WO.4096-1T
H&A 1..LA it 1384
By C.Tripi
Checked By.R.Wheeler
(—_ Exhibit "B"
Lot Line Adjustment
LLA 2015- t-LA-15-004---
(Map)
C0�(Map)
Current Record Owner(S) Existing Parcel Proposed Parcels
A P Number Reference Number
SOUTH COAST INVESTORS II,LLC 124-170-12
SOUTH COAST INVESTORS II,LLC 124-170-14
Parcel 1
SOUTH COAST INVESTORS II,LLC 124-170-15, 16
STATE ROUTE 5 FREEWAY SHEET 1 OF 1
LEGEND SCALE: t'=100'
REVISED LOT LINE
(;) 11/10/2015
— — LOT LINE TO BE REVISED ,\a
— — LOT LINE TO REMAIN
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LINE BEARING LENGTH 20' 20 -- �°G\ o ‘ _
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THIS MAP HAS BEEN PREPARED BY ME OR HI ,' FA-PN 124-170-14 ;
PARCEL 1 0 ' '
UNDER MY DI: CTION + f o ¢� � '
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'OBERT L. WHEELER IV, LS 8639 DATE ' NI 2015000156891, �� J
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