AGR-6940 - OSH KATELLA TERRACE LLC - DENSITY BONUS HOUSING AGREEMENT KATELLA TERRACE APARTMENTSq R-'l` G
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: ) Recorded in O cial Records, Orange County
Hugh Nguyen, derk-Recorder
City of Orange IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIIIIIIII Illlllllllillllllllllll NO FEE
300 E. Chapman Ave. A o o i i s z 4 e a i s +
Orange, CA 92866 2020000090418 8:42 am 03/02/20
93 417A Al2 15
0.00 0.00 0.00 0.00 42.00 0.00 0.000.000.00 0.00
Attention: City Clerk
e or -C r rre do.c,me,k,
This Density Bonus Housing Agreement is I'
recorded at the request and for the benefit of
u[ 20 _ ' , W( Wc s the CiTy of Orange and is exempt from the I /
payment of a recording fee purs ant to Y
misSivW 5e 3- GovemmentCodeSections6103and27383
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DENSTTY BONUS HOUSING AGREEMENT
Katella Terrace Aparhnents
THIS DENSITY BONiJS HOUSING AGREEMENT (the"AgreemenY') is entered into
as of Januny ao , 2020 by and betwee the CITY OF ORANGE, a municipal corporation
City"), and OSH Katella Terrace LLC, a California limited liability company ("Developer"), of
which the sole member is Orange Senior Housing, Inc., a California nonprofit, public benefit
corporation.
RECITALS
A. Developer is the owner in fee of that certain real property located at 1249 E.Katella
Avenue in the City of Orange (the "Site) as described in the legal description attached hereto as
Exhibit A-I", and depicted on the Site Plan attached hereto as "Exhibit A-2", which are
incorporated herein.
B. Developer intends to construct a housing development on the Site,to be known as
Katella Terrace Apartments (the "Housing DevelopmenP'), containing seventy-four (74) rental
housing units (the "Housing Units") and maintain the subsequent management thereof as an
affordable rental housing complex, to be restricted to Senior Lower Income Households for
Eligible Tenants.
C. Deve(oper has applied to City for incentives and concessions under the state density
bonus law, Government Code Section 65915, and City's density bonus ordinance, Chapter 17.15
of the Orange Municipal Code. City has required, as a condition of granting such incentives and
concessions, that the sevenTy-four(74) Housing Units developed on the Site be made available to
Senior Lower Income Households for Eligible Tenants at an Affordable Rent.
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D. On September 10,2019,the City Council adopted Resolution No. 11181,approving
Conditional Use Permit No. 3083-19, Major Site Plan Review No. 0970-19, Design Review No.
4980-19, rivo concessions and two development standard waivers for the Housing Development,
consisting of increasing the allowable number of stories from two to three-stories; increasing the
maximum allowable height from 32 to 42 feet; waiving the requirement for an on-site perimeter
wall; and reducing the number of trees required for the project.
E. By Resolution No. 11181, the City Council made a finding that the Housing
Development is categorically exempt from the provisions of the Califomia Environmental Quality
Act ("CEQA") pursuant to state CEQA Guideline 15332, as a Class 32 In-Fill Development
Project. This Agreement is a condition of approval of the Housing Development, does not change
the project, and creates no substantial change in circumstances that would warrant subsequent
environmental analysis under CEQA.
F. This Agreement satisfies the requirements of Section 1715.070 of the Orange
Municipal Code,and is the best interests of City and the welfare of its residents, and in accordance
with the public purposes and provisions of applicable federal, state and local laws and
requirements.
NOW, THEREFORE, in consideration of the above Recitals, which are incorporated
herein by this reference, Developer and City declare, covenant and agree, by and for themselves,
their heirs, executors, administrators and assigns, and all persons claiming under or through them,
that the Housing Development, for the tertn of this Agreement, shall be only be held, transferred,
encumbered, used, sold, conveyed, ]eased and occupied subject to the covenants and restrictions
hereinaftec set forth,unless and until,the provisions of City Council Resolution No. 11181 become
null,void, or modified in any manner and/or by any means or method such that this Agreemen[is
no longer in effect.
AGREEMENT
1. DEFiNITIONS. For purposes of this Agreement, the following terms aze defined as set
forth below.
1.1 "Affordable Lower Income UniY' or"Affordable UniY' means one of the seventy-
four (74) housing units in the Housing Development restricted to occupancy by Lower Income
Households for Eligible Tenants at Affordable Rent.
1.2 "Affordable RenY' means rental rates not to exceed "Affordable RenY' for Lower
Income Households as defined by Califomia Health & Safety Code Section 50053(b)(3), or its
successor,generally being one-twelfth of 30%of 60%ofMedian Income. "Affordable RenP'shall
include a reasonable utility allowance for tenant-paid utilities as defined below, based on the
Orange County Housing AuthoriTy's published utiliTy schedules.
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13 "Area Median Income" means the median income figures applicable to Orange
County, published annually by the Califomia Department of Housing and Community
Development, which are based upon annual income limits established by the United States
Depar[ment of Housing and Urban Development.
1.4 "Developer" means OSH Katella Terrace LLC, Orange Senior Housing, Inc., and
any successor in interest or designee assuming management responsibilities for the Housing
Development.
1.5 "Director" means the City of Orange Director of CommuniTy Develop or his/tier
designee.
1.6 "Eligible Tenant"means a person age sixty-two (62) or above, whose income does
not exceed the qualifying limits for"Lower Income Households" as defined in Califomia Health
Safety Code Section 50079.5.
1.7 "Tenant-Paid Utilities"means water, sewer, electricity and natural gas.
2. OCCUPANCY OF HOUSING DEVELOPMENT BY ELIGIBLE TENANTS. Developer
represents, warrants, and covenants as follows:
2.1 Income Restrictions. Except as expressly provided herein, throughout the term of
this Agreement, the Affordable Units shall be rented to, and occupied only by, Eligible Tenants.
2.2 Rental Rates. Prior to City's issuance of a certificate of occupancy for the Housing
Development, and annually thereafter, Developer, shall submit to the Director a maximum rent
schedule for the Afl'ordable Units. Ma7cimum rents for the Affordable Units set for[h in such
schedule shall not exceed Affordable Rent. Developer shall rent the Affordable Units to Eligible
Tenants at no more than the allowable Affordable Rents for a household size appropriate to the
unit, which is the number of bedrooms plus one. The Affordable Rent shall be adjusted annually
based upon annual updates published by the Califomia Deparhnent of Housing and Community
Development. In no event shall any of the Affordable Units be rented at a rate greater than the
applicable Affordable Rent. Failure to comply with the affordability requirements of this
Agreement is an event of default.
2.3 Income Comoutation and Verification. Immedia[ely prior to a prospective tenant's
occupancy of an Affordable Unit,and annually thereafter,Developer shall obtain and maintain on
file an income computation and certification form from such prospective tenant dated immediately
prior to the date of initial occupancy of an Affordable Unit by such prospective tenant. Developer
shall verify that the income information provided by an applicant is accurate by following all
applicable City policies and procedures and by taking one or more of the following steps as a pad
of the verification process: (i) obtain a copy of the applicanYs income tax return for the most
recent year, (ii) obtain a written verification of income and employtnent from applicant's wrrent
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employer, (iii) obtain an income verification from the Social Security Administration and/or
Califomia Department of Social Services if the applicant receives assistance from either agency;
iv) if an applicant is unemployed or did not file a taac return for the previous calendar yeaz,obtain
other verification of such applicanYs income as is reasonably satisfactory; ar(v) obtain such other
information as may be reasonably required. Upon review of such records, CiTy may at its option
perform an independent audit of the tenant eligibility records in order to verify compliance with
he income and affordability requirements set fodh herein. Developer shall retain the records
described in this Section for a period of three (3) years after the date the respective records were
created.
2.4 Occuoancv bv Elieible Tenant. If at any time a previously Eligible TenanYs
household income increases, resulting in disqualification of such tenant as a Lower Income
Household, such tenant shall have a period of ninety (90) days to relocate from the Site. The
disqualified tenant shall be fully responsible for the costs a d expenses related to the relocation.
Should such tenant face extraordinary hazdship in relocating from the Site, the tenant may submit
a written appeal to the Director requesting an extension of the time period within which the tenant
must relocate. If the Director determines in his/her sole discretion that a hazdship exception is
justified by the circumstances, he/she may extend the relocation period for up to a ma cimum of
ninety(90) additional days.
2.5 Lease Provisions. The move-in costs for Eligible Tenants occupying Affordable
Units shall be limited to the first mon[h's rent plus a cleaning or security deposit not to exceed one
month's rent. The lease for Affordable Units shall not permit subletting except if (i) written
permission is obtained from the Director (or his/her designee); (ii) the sublessee qualifies as an
Eligib]e Tenant, as applicable to the Affordable Unit; and (iii) the rent payable by the sublessee
does not exceed the Affordable Rent applicable to the Affordable Unit.
2.6 Annual Reports. Developer shall submit to the Director an annual report (the
Annual RepoR"), which shall include the following information for each Affordable Unir the
rental rate, income and number of occupants, other information as requested by the Director. The
annual income information required by Section 23 shall be provided by tenant in a certified
statement on a form provided by City. Developer shall submit the Annual Report on or before
April 30 of the year following the year covered by the Annual Report. Developer shall require the
submission of household information and income certification in its leases with tenants.
2.7 Schedule for Completion and Occupancv. Developer shall complete the Housing
Development on an expeditious basis and shall provide CiTy with a construction and occupancy
schedule as such schedules are available.
3. DURATION OF AFFORDABILITY REOUIREMENTS. The Affordable Units shall be
subject to the requirements of this Agreement for fifty-five(55) years, commencing upon the date
of City's issuance of a Certificate of Occupancy for the Housing Development. Developer hereby
agrees that the Housing Development is to be owned, managed, and operated as a project for
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Eligible Tenants for the term of this Agreement. Failure to comply with the duration requirements
of this Agreemen[is an event of default.
4. IDENTIFICATION OF AFFORDABLE UNITS; FACILITIES INCLUDED. The
Affordable Units shall comply with the following requirements:
4.1 There shall be a total of seventy-four(74)Aft'ordable Uniu consisting of fifry-five
55) one-bedroom units and nineteen (19) studio units.
4.2 All Units shall be rented to Eligible Tenants.
43 All Units shall contain facilities adequate for living, sleeping, eating, cooking and
sanitation in accordance with all federal, state and local laws and codes. The development and
maintenance of the Units shall comply with City's building code and all other applicable codes,
development standards, ordinances and zoning ordinances in effect, and the Units shall be decent,
safe and sanitary and shall conform to the building, electrical, plumbing, mechanical and energy
codes that have been adopted by City. To the extent applicable, the design and construction
requirements at 24 CFR Subtitle B, Chapter VIII, and, if applicable, the desigi and construction
requirements at 24 CFR 100.205 for covered multifamily dwellings, shall be adhered to.
4.4 None of the Units in the Housing Development shall at any time be utilized on a
transient basis or be used as a short term rental,hotel, motel, dormitory, fraternity house, sororiTy
house, rooming house, nursing home, hospital, sanitarium, or any other use tha[ is inconsistent or
incompatible with this Agreement.
4.5 No part of the Housing Development shall at any time be owned by a cooperative
housing corporation nor shall Developer take any steps in connection with the conversion to such
ownership or uses to condominiums, or to any other form of ownership without prior written
approval of City. Any such conversion shall comply with the requirem0nts of 24 CFR 92.255.
5. NON-DISCRIMINATION COVENANTS. Developer herein covenants by and for itself,
its successors or assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of any basis
listed in Government Code Section 12955(a) or(d), as those bases aze defined in Sections 12926,
12926.1, and 12955(m) of the Government Code, in the sale, lease, sublease, transfer, use,
occupancy,tenure,or enjoyment of the Housing Units,nor shall Developer or any person claiming
under or through it, establish or permit any practice or practices of discrimination or segregation
with reference to the selection, location,number,use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with
the land.
6. TENANT PREFERENCE. All of the Affordable Units will be made available to Eligible
Tenants for rental in accordance with the terms of this Agreement, and Developer shall not give
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preference to any paRicular class or goup in renting the Affordable Units,except to the extent that
the Affordable Units are required to be leased or rented to Eligible Tenants and except as provided
in the next succeeding sentence in this Section 6. Subject to Developer's policies and procedures
for screening potential tenants, which must be approved by City, the Affordable Units shall be
rented according to the following priorities:
6.1 First priority for the Affordable Units shall be given to Eligible Tenants who reside,
work, go to school, or have family in the City of Orange;
6.2 When an Affordable Unit becomes available as a result of a tenant vacation,Owner
shall give first priority in renting the Affordable Unit to an Eligible Tenant who has been displaced
by activities of City, pursuant to Califomia Health & Safety Code Section 33411.3.
6.3 Except as otherwise set forth above, Affordable Units shall be rented to Eligible
Tenants of a first-come, first-served basis.
7. COVENANTS TO RLJN WITH THE LAND. Developer hereby subjects the Site to the
covenants, reservations, and restrictions set forth in this Agreemen[. CiTy and Developer hereby
declare their express intent that all such covenants, reservations, and restrictions shall be deemed
covenants running with the land and shall pass and be binding upon Developer's successors in title
to the Site; provided however, that on the termination of this Agreement, said covenants,
reservations, and restric[ions shall expire, except the nondiscrimination covenants contained in
Section 5 shall remain in perpetuiTy. The covenants established in this Section 7 shall, without
regard to technical classification and designation, be binding for the benefit and in favor of City
and its successors and assigns, and shall remain in effect in perpetuity.
8. MONITORING AND RECORDKEEPING. Throughout the term of this Agreement,
Developer shall maintain complete and accurate records pertaining to the Affordable Units, and
shall annually submit to CiTy a report which includes the name, address and income of each
resident of an Affordable Unit, and which identifies the bedroom size and monthly rent of each
Affordable Unit. Representatives of CiTy shall be entiUed to enter the Housing Development,upon
at least forty-eight (48) hours' notice, to monitor compliance with this Agreement, to inspect the
records of the Housing Development, including but not limited to, those records pertaining to
tenant eligibiliry and occupancy of the Affordable Units, and to conduct an independent audit or
inspection of such records. Developer agrees to cooperate with City in making the said records
available for inspection or audit. Developer agrees to maintain records in businesslike manner,
and to maintain such records for at least three(3) yeazs.
9. EVENTS OF DEFALTLT. An"Event of DefaulY' shall occur under this Agreement in the
event there is a material breach of any condition, covenant, warranty, promise or representation
contained in this Agreement,and such breach continues for a period ofthirty(30)days after written
notice thereof to the defaulting paRy without the defaulting party curing such breach. However,
no Event of Default shall occur if such breach cannot reasonably be cured within such thirty (30)
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day period, and the par[y commences the cure of such breach within such thirty (30) day period
and thereafter diligently proceeds to cure such breach.
10. REMEDIES. The occurrence of any Event of Default shall give the nondefaulting party
the right to proceed with any and all remedies set forth in this Agreement, including an action for
damages,and an action or proceeding at law or in equiTy to require the defaulting paRy to perform
its obligations and covenants hereunder or to enjoin acts or things which may be unlawful or in
violation of the provisions of this Agreement.
I 1. ATTORNEYS' FEES. In addition to any other remedies provided hereunder or available
pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any
right or remedy hereunder,the prevailing party shall be entitled to recover from the other party iu
costs of suit, including without limitation expert witness fees and reasonable attorneys' fees.
12. REMEDIES CLJMULATIVE. No right, power, or remedy given to City or Developer by
the terms of this Agreement is intended to be exclusive of any other right, power, or remedy and
each and every such right, power, or remedy shall be cumulative and in addition to every other
right,power, or remedy given to CiTy or Developer by the terms of any such instrument, or by any
statute or otherwise.
13. EFFECT OF AGREEMENT CONTAINING COVENANTS ON PERMITTED
ENCUMBRANCES. This Agreement and any renewals or extensions thereof shall
unconditionally be and remain at all times a lien on the Site and the Housing Development prior
and superior to the lien created by the lien or charge of any moftgage or deed of trust or security
recorded of record against the Site. No violation or breach of the covenants, conditions,
restrictions,provisions or limitations contained in this Agreement shall defeat or render invalid or
in any way impair the lien or chazge of any moRgage or deed of trust or security recorded against
the Site; provided however, that any subsequent developer of the Site shall be bound by such
remaining covenants,conditions,restrictions,provisions and limitations,whether such developer's
title was acquired by foreclosure, deed in lieu of foreclosure,trustee's sale or otherwise.
14. MISCELLANEOUS.
14.1 Waiver of Terms and Conditions. City may, in its sole discretion, waive in
writing any of the terms and conditions of this Agreement. Waivers of any covenant, term, or
condition contained herein shall not be consffued as a waiver of any subsequent breach of the same
covenant,term, or condition.
142 Notices. Any approval, disapproval, demand, document or other notice
Alotice") which either party may desire to give to the other party under this Agreement must be
in writing and may be given either by (i) personal service, (ii) delivery by a reputable document
delivery service that provides a receipt showing date and time of delivery, or (iii) mailing in the
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United States mail, postage prepaid, addressed to the address of the party as set forth below, or at
any other address as that party may later designate by Notice:
Developer: Orange Senior Housing, Inc.
555 S. Shaffer Street
Orange, CA 92866
Attention: President
City: City of Orange
300 E. Chapman Ave.
Orange, CA 92866
Attention: Director of Community Development
With a copy to: Office of the City Attorney
City of Orange
300 E. Chapman Ave.
Orange, CA 92866
Such addresses may be changed by notice to the other party given in the same manner as provided
above.
143 Non-Liabilitv of O cials and Emplovees of Citv. No member, official or
employee of City shall be personally liable to Developer or any successor in interest, in the event
of any Default or breach by City or for any amount which may become due to Developer or its
successors, or on any obligations under the terms of this Agreement.
14.4 Relationship Between Citv and Developer. It is hereby acknowledged that the
relationship between City and Developer is not that of a partnership or joint venture and that City
and Developer shall not be deemed or construed for any purpose to be the agent of the other.
Accordingly, except as expressly provided herein, City shall have no rights, powers, duties or
obligations with respect to the development, operation, maintenance or management of the
Housing Development.
14.5 Citv Approvals and Actions. City shall maintain authority to oversee and
implement this Agreement through the Directoc The Director shall have authority to make
approvals, issue interpretations, waive provisions, make and execute further agreements and/or
enter into amendments of this Agreement on behalf of City so long as such actions do not
materially or substantially change the uses or development permitted on the Site. All other material
or substantive interpretations, waivers, or amendments shall require the consideration, action and
written consent of the City Council. All amendments to this Agreement shall be duly executed
and recorded in the Official Records of the County of Orange.
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14.6 In[eeration. This Agreement contains the entire understanding between the
parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged in this
Agreement and shall be of no further force or effect. Each party is entering this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material. This Agreement constitutes the entire
understanding and agreement of the parties, notwithstanding any previous negotiations or
agreements between the par[ies or their predecessors in interest with respect to all or any part of
the subject matter hereof.
14.7 Titles and Captions. Titles and captions are for convenience of reference only
and do not define, describe or limit the scope of the intent of this Ageement or of any of its terms.
14.8 Intemretation. As used in this Agreement, the singular or plural number shall
each be deemed to include the others where and when the context so dictates. The word
including" shall be conshued as if followed by the words "without limitation." This Agreement
shall be interpreted as though prepared jointly by both parties.
14.9 Modifications. Any alteration,change or modification of or to this Agreement,
in order to become effective, shall be made in writi g and signed by each party.
14.10 Severabilitv. If any term,provision,condition or covenant of this Agreement or its
application to any par[y or circumstances shall be held,to any extent,imalid or unenforceable,the
remainder of this Agreement, or the application of the term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or unenforceable,
shal] not be af£ected, and shall be valid and enforceable to the fullest extent permitted by law.
14.11 Comnutation of Time. The time in which any act is to be done under this
Agreement is computed by excluding the first day and including the last day, unless the last day is
a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall
mean all holidays as specified in Section 6700 and 6701 of the Califomia Government Code. If
any act is to be done by a paRicular time during a day, that time shall be Pacific Time Zone time.
14.12 Leeal Advice. Each par[y represents and warrants to the other the following: they
have carefully read this Agreement,and in signing this A eement,they do so with full knowledge
of any right which they may have; they have received independent legal advice from their
respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen
not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely
signed this Agreement without any reliance on any agreement, promise, statement or
representation by or on behalf of the other party,or their respective agents,employees or attorneys,
except as specifically set forth in this Agreement, and without duress or coercion, whether
economic or otherwise.
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14.13 Time of Essence. Time is expressly made of the essence with respect to performance by
the City and the Developer of each and every obligation, covenant and/or condirion of this
Agreement.
14.14 Cooperation. Each party agrees to cooperate with the other in this hansaction and, in that
regazd,to sign any and all documents which may be reasonably necessary, helpful or
appropriate to carry out the purposes and intent of this Agreement including,but not limited
to,releases or additional agreemenu.
14.15 Conflicts of Interest. No member, official or employee of the City shall have any
personal interest, direct or indirect, in this Agreement,nor shall any such member, official or
employee participate in any decision related ro this Agreement which affects his personal
interests, or the interests of any corporation,paztnership or association in which he is directly
or indirectly interested.
14.16 Conflict of Requirements. If the project is subject to federal low income housing tazc
credit regulations or tax exempt bond regulations,and such regulations would prevent or
prohibit compliance with certain provisions of this Agreement,then those provisions that are
in d'vect conflict with said regulations will not apply.
IN W ITNESS HEREOF,the parties hereto have executed this Agreement as of the date set forth above.
DEVELOPER:
OSH KATELLA TERRACE LLC, a Califomia limited liability company
By: Orange Senior Housing, Inc.,
a California nonprofit,public benefit corporation
Its: Sole Member
By:
Nei Mansdorf
Its: Vice President
By: . 1 t'C
Paul Abbondante
Its: Treasurer
Remainder ojsignatures on next page.J
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ACKNOWLEDGMENT
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
On Fi4 r Aar z 2a2o before me, ANDREAAKAZAKI Notary Public,
personally appeared Paul Ab'mnc ah} who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) islare 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. I certify under
PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
AN REAAHA7AK1
Notary Pu61ic-CalifomiaWITNESSmyhnadofficialseal. o,5eco y
Cammissian#2772g7g
My Comm.Expires Nov 20.2020
Signature
seal)
OPTIONAL
Completing this information can deter alteration of the document
or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title orType of Document: ¢r si n ns usik F! ree
Document Date: 0-20 0 umber of Pages: O
Signer(s) OtherThan NamedAbove: N anSdor
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
Limited Partner General Partner Limited Partner General Partner
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian of Conservator Trustee Guardian of Conservator
Other: Other:
Signeris Representing: Signeris Representing:
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the ideritity 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
On Lbr nawl a before me, ANDREAAKAZAKI Notary Public,
personally appeared Ne• I Yl ansdor who 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 hislher/their
authorized capacity(ies), and that by his/herltheir signature(s) 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.
WITNESS my a' and offi I seaL alloa,awwKi
NotaryPu6lic-Caiilomia
OanyeCounryCammissiank2172879
My Comm.6pires Nav 20.2020
Signature
seal)
OPTIONAL
Completing this information can deter alteration of the document
or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: 2 5 j3onu " Y
Document Date:a-O -c 10a0 Number of Pages: l O
Signer(s) Other Than Named Above:au Rbbo d
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer- Title(s):Corporate Officer-Title(s):
Limited Partner General Partner Limited Partner General Partner
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian of Conservator Trustee Guardian of Conservator
Other: Other:
Signer is Representing: Signer is Representing:
CITY:
CITY OF ORANGE, a Califomia municipal corporation
By:
ick Ott
City Manager
APPROVED T TENT:
William Crouch
Community Development Director
APPR VED AS TO FORM:
ary
City Attorney
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Exhibit A-1
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ORANGE, IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF LOT H OF THE VAN DE GRAFF TRACT,AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 4, PAGE 440, MISCELLANEOUS RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY,SHOWN AS PARCEL 2 ON A MAP THEREOF
RECORDED IN BOOK 139, PAGE 5 AND 6 OF PARCEL MAPS RECORDS OF SAID ORANGE
COUNTY, RESERVING THEREFROM CERTAIN NON-EXCLUSIVE EASEIvIENTS FOR INGRESS,
EGRESS AND PARKING PURPOSES AS SET FORTH IN THE DECLARATION OF RECIPROCAL
EASEMENTS RECORDED OCTOBER 24, 1979 IN BOOK 13367, PAGE 97, AS INSTRUMENT NO.
38132 RECORDS OF ORANGE COUNTY.
PARCEL B:
A NON-EXCLUSIUE EASEMENT FOR INGRESS, EGRESS AND PARKING PURPOSES AS SET
FORTH IN THAT CERTAIN DECLARATION OF RECIPROCAL EASEMENTS RECORDED
OCTOBER 24, 1979 IN BOOK 13367, PAGE 97, AS INSTRUMENT NO. 38132, RECORDS OF
ORANGE COUNTY, OVER THOSE PORTIONS OF SAID PROPERTY.
APN: 375-361-48
Exhibit A-2
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