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Home My WebLink About04 TUSTIN LEGACY PARCEL 1A - ANTON LEGACY TUSTIN L.P. (ST. ANTON PARTNERS) CERT. OF COMPLIANCE• Agenda Item 4 AGENDA REPORT Reviewed: City Manager Finance Director fNIA MEETING DATE: SEPTEMBER 15, 2015 TO: JEFFREY C. PARKER, CITY MANAGER FROM: CITY MANAGER'S OFFICE — ECONOMIC DEVELOPMENT DIVISION SUBJECT: TUSTIN LEGACY PARCEL 1A — ANTON LEGACY TUSTIN L.P. (ST. ANTON PARTNERS) CERTIFICATE OF COMPLIANCE SUMMARY Approval is requested for the Certificate of Compliance for Anton Legacy Tustin L.P (St. Anton Partners). RECOMMENDATION It is recommended that the City Council approve the Certificate of Compliance pursuant to Section 9.2.2 of the Disposition and Development Agreement between the City and Anton Legacy Tustin L.P. (St. Anton Partners). FISCAL IMPACT No fiscal impact. The approval of the Certificate of Compliance recognizes all financial obligations have been fulfilled under the Disposition and Development Agreement for Parcel 1A between the City and Anton Legacy Tustin L.P. COORELATION TO THE STRATEGIC PLAN This action correlates to the City's Strategic Plan for Economic and Neighborhood Development (Goal A). DISCUSSION The City and Anton Legacy Tustin L.P. entered into a Disposition and Development Agreement (DDA) for Parcel 1A on November 6, 2012 for the acquisition of the parcel and development of 225 affordable apartment homes and a 4.7 acre park to be dedicated back to the City. The Developer has completed all improvements and dedicated the park back to the City as required under the terms and conditions of the DDA. John .Buchanan y Director, Economic Development City Manager's Office Attachment: Certificate of Compliance CITY OF TUSTIN OFFICIAL BUSINESS REQUEST DOCUMENT TO BE RECORDED AND TO BE EXEMPT FORM RECORDING FEES PER GOVERNMENT CODE §6103 AND §27383. Recording requested by and when recorded mail to: City Manager The City of Tustin 300 Centennial Way Tustin, CA 92780 SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF COMPLIANCE FOR PARCEL IA NORTH This CERTIFICATE OF COMPLIANCE ("Certificate of Compliance") is made as of , 2015 by the CITY OF TUSTIN, a municipal corporation of the State of California ("City"), in favor of ANTON LEGACY TUSTIN L.P., a California limited partnership (the "Developer"), with reference to the following matters: A. The City and the Developer entered into that certain Tustin Legacy Disposition and Development Agreement for Parcel 1 A North, dated as of November 6, 2012 (the "DDA") The DDA is evidenced by that certain Memorandum of Disposition and Development Agreement (Parcel 1 A North) (the "Memorandum of DDA"), dated as of May 23, 2013 and recorded on that date in the Office of the County Recorder, Orange County, California (the "Official Records") as Instrument No. 2013000313919 with respect to certain real property legally described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Parcel'). All initially capitalized terms not otherwise defined herein shall have the meanings assigned to them in the DDA. B. Pursuant to the DDA, the Developer agreed to develop and construct the Project, including, without limitation, the Improvements on the Parcel, including certain residential improvements and related amenities on a portion of the Parcel legally described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Apartment Parcel") and certain park improvements upon a portion of the Parcel legally described on Exhibit "C" attached hereto and incorporated herein by this reference ("Park Parcel'). C. Pursuant to Section 9 of the DDA, the City agreed to furnish to the Developer, upon request therefor by the Developer, a Certificate of Compliance in recordable form upon satisfaction of the Conditions Precedent to issuance thereof set forth in Section 9.2 of the DDA. D. The'City has determined that the Developer has satisfied the Conditions Precedent set forth in Section 9.2 of the DDA for the City's issuance of a Certificate of Compliance. E. Prior to the recordation of this Certificate of Compliance, Developer has conveyed the Park Parcel and all Improvements thereon to the City and the City and Developer have executed that certain Statement of Merger and Termination recorded on July 29, 2015 as Instrument No. 2015000394049 in the Official Records ("Statement of Merger and Termination"). NOW, THEREFORE, the City certifies as follows: 1. This Certificate of Compliance covers and applies to the Parcel and the entirety of the Improvements and the Project. 2. This Certificate of Compliance shall be deemed conclusive evidence of the City's determination that the Developer has satisfactorily Completed construction and development of all of the Improvements and has satisfied all Conditions Precedent set forth in Section 9.2 of the DDA for issuance of this Certificate of Compliance. 3. Upon recordation of this Certificate of Compliance in the Official Records, the DDA shall terminate as to the Parcel and shall be of no further force and effect and any Person then owning or thereafter purchasing, leasing, or otherwise acquiring any interest in the Parcel shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under the DDA with respect to the Parcel and/or the Improvements, except that the following recorded documents shall survive the termination of the DDA, each in accordance with its terms as to the Apartment Parcel, the Improvements thereon and all Persons owning, leasing or occupying the Apartment Parcel and/or the Improvements shall continue to be bound by the following recorded documents, which shall survive the termination of the DDA (each in accordance with its terms), shall not merge with any deed on any transfer of any portion of the Apartment Parcel, and shall survive the issuance of this Certificate of Compliance as and to the extent indicated in the referenced documents: (a) The Declaration of Special Restrictions for Parcel I North dated May 23, 2013 and recorded on that date in the Official Records as Instrument No. 2013000313920; (b) The Quitclaim Deed for Parcel 1 A North and Covenants, Conditions and Restrictions, Including Environmental Restriction Pursuant to Civil Code Section 1471 dated May 23, 2013 and recorded on that date in the Official Records as Instrument No. 2013000313921 and (c) The Declaration of Affordable Housing Covenants and Regulatory Agreement dated May 23, 2013 and recorded on that date in the Official Records as Instrument No. 201 3 0003 1 4479. 4. Issuance of this Certificate of Compliance shall not waive any rights or claim that the City may have against any party for latent or patent defects in construction or similar matters under any applicable law with respect to construction of the Improvements, or any other rights or remedies of the City available at law or in equity (and the termination of the DDA shall not in any manner affect the right of the City to raise or enforce any such right or claim), nor shall it be evidence of satisfaction of any of the Developer's obligations to third parties who are not a party to the DDA. 5. This Certificate of Compliance is not a Notice of Completion as referred to in California Civil Code Section 3093. 6. Nothing herein shall modify or amend or be deemed to modify or amend the Statement of Merger and Termination. IN WITNESS WHEREOF, the City has caused this Certificate of Compliance to be duly executed by its officer duly authorized as of the date first above written. Dated: ATTEST: Name: Erica Rabe Title: City Clerk Services Supervisor APPROVED AS TO FORM: By: Name: David Kendig Title: City Attorney CITY OF TUSTIN By: Name: Jeffrey C. Parker Title: City Manager CALIFORNIA ALL PURPOSE 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 Ce , before me, Date (Insert Name and Title of the Officer) personally appeared Name(s) of Signers) 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 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. WITNESS my hand and official seal. Place Notary Seal and/or Stamp above Signature: Signature of Notary Public Exhibit "A" Legal Description of the Parcell Lots 20, MMM. NNN, and PPP of Tract No. 17404 in the City (A i ustin, County of Orange, State of California as shown on a map filed in Book 907, Page 6. Official Records of Orange County, California. LOT R LOT 111 i LOT Q CCCC or ,-,' 19 24 0�. ��2 �` LOT MMM 2 1 6,20Al - LOT PPP _ 101, 122 23 t TRACT NO. 17404 IN THE CITY OF TUSTIN, COUNTY OF ORANGE STATE OF CALIFORNIA Exhibit "B" Legal Description of the Apartment Parcel Exhibit "B" Legal Description of the Apartment Parcel Real property in the City of Tustin, County of Orange, State of California, described as follows: PARCEL Aj PARCEL 2 AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT 2013-01 RECORDED APRIL 29, 2013 AS INSTRUMENT NO. 2013000254548, ORANGE COUNTY RECORDS, DESCRIBED AS FOLLOWS: LOT 20 OF TRACT NO. 17404, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 907, PAGES 6 THROUGH 42, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETHER WITH THAT PORTION OF LOT MMM OF SAID TRACT NO. 17404 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE SOUTHWESTERLY BOUNDARY OF SAID LOT MMM HAVING A BEARING AND DISTANCE OF "N15009'38"W 260.76'" AS SHOWN ON SAID TRACT NO 17404; THENCE ALONG SAID COURSE, NORTH 15°09'38 WEST 227.67 FEET; THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY, NORTH 74°50'22" EAST 19.46 FEET; THENCE SOUTH 15009'38" EAST 17.82 FEET' THENCE NORTH 74050'22" EAST 19.84 FEET; THENCE SOUTH 15°09'38" EAST 55.00 FEET; THENCE SOUTH 74°50'22" WEST 0.50 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 9.50 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE 14.92 FEET THROUGH A CENTRAL ANGLE OF 90000'00'; THENCE SOUTH 15009'38" EAST 124.35 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 9.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 19023'11" WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE 14.22 FEET THROUGH A CENTRAL ANGLE OF 85°46'27"; THENCE SOUTH 15°09'38" EAST 11.53 FEET TO A POINT OF THAT CERTAIN COURSE ON THE SOUTHEASTERLY BOUNDARY OF SAID LOT MMM HAVING A BEARING AND DISTANCE OF "N 74050'22" E 30.00'" AS SHOWN ON SAID TRACT NO. 17404; THENCE ALONG SAID COURSE, SOUTH 74°50'22" WEST 20.50 FEET TO THE POINT OF BEGINNING. APN: 430-381-26 (LOT 20) AND A PORTION OF 430-381-62 (LOT MMM) PARCEL B: LOTS NNN AND PPP OF TRACT NO. 17404, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 907, PAGES 6 THROUGH 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 430-381-37 (LOT NNN) AND 430-381-36 (LOT PPP) Exhibit "C" Legal Description of the Park Parcel Exhibit "C" Legal Description of the Park Parcel Real property in the City of Tustin, County of Orange, State of California, described as follows: PARCEL 1 AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT 2013-01 RECORDED APRIL 29, 2013 AS INSTRUMENT NO. 2013000254548, ORANGE COUNTY RECORDS, DESCRIBED AS FOLLOWS: LOT MMM OF TRACT NO. 17404, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 907, PAGES 6 THROUGH 42, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE SOUTHWESTERLY BOUNDARY OF SAID LOT MMM HAVING A BEARING AND DISTANCE OF "NI 5009'38"W 260.76'" AS SHOWN ON SAID TRACT NO 17404; THENCE ALONG SAID COURSE, NORTH 15°09'38 WEST 227.67 FEET; THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY, NORTH 74°50'22" EAST 19.46 FEET; THENCE SOUTH 15009'38" EAST 17.82 FEET; THENCE NORTH 74°50'22" EAST 19.84 FEET; THENCE SOUTH 15°09'38" EAST 55.00 FEET; THENCE SOUTH 74°50'22" WEST 0.50 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 9.50 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE 14.92 FEET THROUGH A CENTRAL ANGLE OF 90000'00"; THENCE SOUTH 15009'38" EAST 124.35 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 9.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 19023'11" WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE 14.22 FEET THROUGH A CENTRAL ANGLE OF 85°46'27"; THENCE SOUTH 15°09'38" EAST 11.53 FEET TO A POINT OF THAT CERTAIN COURSE ON THE SOUTHEASTERLY BOUNDARY OF SAID LOT MMM HAVING A BEARING AND DISTANCE OF "N 74050'22" E 30.00'" AS SHOWN ON SAID TRACT NO. 17404; THENCE ALONG SAID COURSE, SOUTH 74050'22" WEST 20.50 FEET TO THE POINT OF BEGINNING. APN: PORTION OF 430-381-62 (LOT MMM)