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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 I� te 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 NOTE °`� •v o �� tb Qti �' �o VACANT NO 4j 4.,0�`' ,, STRUCTURES ON SITE ,,.,.c o ~� s, 4._ LINE TABLETRACT NO. ;Y 3 'Jo Y;,"--•;- rnd- .t LINE BEARING LENGTH 20' 20 -- �°G\ o ‘ _ 4. Ll N81°19'47"W 67.38' I N CC V L2 N84 43'58"W 4.32' APN 124-170-15,16 u,''\ \ u. L3 N73°02'22"E 119.14' i- 2 cl Jo PARCEL 3 g Q CURVE TABLE z ,moi °; INST. NO. `Nltf-A o CURVE DELTA RADIUS LENGTH r ^ r,, 2015000156891, O.R. `{,\++o� 4 z o Clii 4°08'12" 960.00' 69.31' —i `r s'+.4 \\ �> .. "'1 z 3 . PARCEL 1 ,'+� a IS oCNJ 0 3.098 ACRES z L__ I LAND JI o �n Y]*•.1i. NL4. 2009-1 7 6 ' I z .5.B. 2 +6/32-43 Nw(LY LINE PCL 1 I O.R. 4110/522 „ 40' o I� cA� (Z) Z 03 APN 124-170-12 , c j j;1- V o PARCEL2+n o • N0. s FOF CAL� aG z `° 2015004156891, O.R. Ot: n - 3 f v - THIS MAP HAS BEEN PREPARED BY ME OR HI ,' FA-PN 124-170-14 ; PARCEL 1 0 ' ' UNDER MY DI: CTION + f o ¢� � ' .,..--„� �z, i/ z5 /f" I / INST. NO. o , 'OBERT L. WHEELER IV, LS 8639 DATE ' NI 2015000156891, �� J L „N o O.R. ,n 03 NI , VAR a, Po N o •= .- .`29.33 __ ' ii 4 ' z 240.41' - z H&A LLA NO. 1384 %, N08°17 56"W 302.20 DWG BY: R. JESUS ; --- w 368.21' CHECKED BY: R. WHEELER '+ N06°1-156 1No REAL P.0.8 SW COR I:\Mission Inn SJC\LLA\1384\EXH.B—SHT01.dwg - EL CAM LOT12