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HomeMy WebLinkAboutCARIBOU INDUSTRIES (8)Recorded in Official Records, Orange County Recording Requested by Fidelity rational Title RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1088 Santa Ana, CA 92701 Attention: City Clerk Line For Use By Recorder) F*(p - i � 0: GOP► (M.t46r1ey[S.V%-&%Ue-L)CV1)2 9 R N 0 tU C� NO FEE II��I��I�I�IIII��LI�� pin 12/09/22 340 NC-S Al2 9 0.00 0.00 000 0.00 24.00 0.00 0.000.000.00 0.00 Return FULLLY EXECUTED Copy to COTC, M-30 A-2020-265=01 [Recordation of this Document Is Exempt From Fees Payable to the Recorder Under Government Section Code 27383.] CITY OF SAN"TA ANA Notice of Agreement TO ALL INTERESTED PERSONS PLEASE TAKE NOTICE that as of December 23, 2020, Caribou Industries, Inc., a Nevada Corporation (the "Developer") and the City of Santa Ana, a California charter city in the County of Orange of the State of California (the "City"), entered into an agreement entitled "Disposition and Development Agreement" (the "Agreement"). A copy of the Agreement is on file with the City Clerk and is available for inspection and copying by interested persons as a public record of the City during the regular business hours of the City. The Agreement affects the real property (the "Property") described in Exhibit "A" attached to this Notice of Agreement. The meaning of defined terms used in this Notice of Agreement shall be the same as set forth in the Agreement. PLEASE TAKE FURTHER NOTICE that the Agreement contains certain community development covenants running with the land of the Site and other agreements between the Developer and the City affecting the Site, including, without limitation, (all section references are to the Agreement): 7.1 Maintenance Condition of the Property; The Developer for itself, its successors and assigns, covenants and agrees that: 7.1.1 Maintenance Standard. The entirety of the Property and the Project shall be maintained by the Developer in good condition and repair and in a neat, clean and orderly condition, ordinary wear and tear and casualty excepted, including, without limitation, maintenance, repair, reconstruction and replacement of any and all asphalt, concrete, landscaping, utility systems, irrigation systems, drainage facilities or systems, grading, subsidence, retaining Page 1 of 5 55194.00049U3239207.10 Form Of Notice Of Agreement - walls or similar support structures, foundations, siguage, ornamentation, and all other improvements on or to the Property, now existing or made in the future by or with the consent of the Developer, as necessary to maintain the appearance and character of the Project and the Property. The Developer's obligation to maintain the Project and the Property described in the immediately preceding sentence shall include, without limitation, (i) maintaining the surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal in quality, use, and durability; (ii) removing all papers, mud, sand, debris, filth and refuse and thoroughly sweeping areas to the extent reasonably necessary to keep areas in a clean and orderly condition; -(iii) removing or covering graffiti with the type of surface covering originally used on the affected area, (iv) placing, keeping in repair and replacing any necessary and appropriate directional signs, markers and lines; (v) operating, keeping in repair and replacing where necessary, such artificial lighting facilities as shall be reasonably required; (vi) providing security services as reasonably indicated; and (vii) maintaining, mowing, weeding, trimming and watering all landscaped areas and making such replacements of plants and other landscaping material as necessary to maintain the appearance and character of the landscaping, all at the sole cost and expense of the Developer. The Developer's obligation to maintain the Project and the Property described in the two immediately preceding sentences is, collectively, referred to in this Agreement as the "Maintenance Standard." The Developer may contract with amaintenance contractor to provide for performance of all or part of the duties and obligations of the Developer with respect to the maintenance of the Project and the Property; provided, however, that the Developer shall remain responsible and liable for the maintenance of the Project and the Property, at all times. 7.1.2 Maintenance Deficiency. If, at any time following the Close of Escrow, there is an occurrence of an adverse condition on any area of the Project or the Property in contravention of the Maintenance Standard (each such occurrence being a "Maintenance Deficiency"), then the City may Notify the Developer in writing of the Maintenance Deficiency. If the Developer fails to cure or commence and diligently pursue to cure the Maintenance Deficiency within thirty (30) calendar days following the Developer's receipt of Notice of the Maintenance Deficiency, the City may conduct a public hearing, following transmittal of written Notice of the hearing to the Developer, at least, ten (10) days prior to the scheduled date of such public hearing, to verify whether a Maintenance Deficiency exists and whether the Developer has failed to comply with the provisions of this Section 7.1. If, upon the conclusion of the public hearing, the City finds that a Maintenance Deficiency exists and remains uncured, the City shall have the right to enter the Project and the Property and perform all acts necessary to cure the Maintenance Deficiency, or to take any other action at law or in equity that may then be available to the City to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency pursuant to this Section 7.1 shall be reimbursed to the City by the Developer, within thirty (30) calendar days after written demand for payment from the City. Any amount expended by the City for the abatement of a Maintenance Deficiency pursuant to this Section 7.1 that is not reimbursed to the City by the Developer within thirty (30) calendar days after written demand to the Developer for such reimbursement, shall accrue interest at the lesser of. (i) the rate often percent (10%) per annum or (ii) the Usury Limit, until paid in full. Page 2 of 5 Form Of Notice Of Agreement 55394.00049133239203. 10 7.1.3 Graffiti. Graffiti, as defined in Government Code Section 38772, that has been applied to the interior of the Parking Structure, or to any exterior surface of a structure or improvement on the Property, that is visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by the Developer by either painting over the evidence of such vandalism with a paint that has been color -matched to the surface on which the paint is applied or removed with solvents, detergents or water, as appropriate. If any such graffiti is not removed within seventy-two (72) hours following the time of the discovery of the graffiti, the City shall have the right to enter the Property and remove the graffiti, without Notice to the Developer. Any sum expended by the City for the removal of graffiti Property pursuant to this Section 7.1 shall be reimbursed to the City by the Developer, within thirty (30) calendar days after written demand for payment from the City. Any amount expended by the City for the removal of graffiti pursuant to this Section 7.1 that is not reimbursed to the City by the Developer within thirty (30) calendar days after written demand to the Developer for such reimbursement, shall accrue interest at the lesser of: (i) the rate of ten percent (10%) per annum or (ii) the Usury Limit, until paid in full. 7.1.4 Lien Riehts. The obligations of the Developer and its successors and assigns under this Section 8.1 shall be secured by a lien against the Property. The Developer hereby grants to the City a security interest in the Property with the power to establish and enforce a lien or other encumbrance against the Property, in the manner provided in Civil Code Sections 2924, 2924b and 2924c, to secure the obligations of the Developer and it successors under this Section 7.1, including the reasonable attorneys' fees and costs of the City associated with the abatement of a Maintenance Deficiency or removal of graffiti. The recordation of the City Deed and the Notice of Agreement shall provide record Notice of such security interest in favor of the City. 7.1.5 Covenant Running with the Land. The covenant of this Section 8.1 shall be a covenant running with the land of the Property, binding successive owners of the Property, throughout the Covenant Period, and shall be enforceable by the City. 7.2 Obligation to Refrain from Discrimination. The Developer covenants and agrees for itself, its successors, its assigns and every successor -in -interest to all or any portion of the Property, that there shall be no discrimination against or segregation of any Person, or group of Persons, on account of gender, sexual orientation, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall the Developer, itself or any Person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of purchasers, the Developers, lessees, sub - the Developers, sub -lessees or vendees of the Property. The covenant of this Section 7.2 shall be a covenant running with the land of the Property and binding on successive owners of all or any portion of the Property, until the City issues the last Certificate of Completion for the Project. 7.3 Form of Non-discrimination and Non -segregation Clauses. The Developer covenants and agrees for itself, its successors, its assigns, and every successor -in -interest to all or any portion of the Property, that the Developer, such successors and such assigns shall refrain from restricting the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of all or any portion of the Property on the basis of gender, sexual orientation, marital status, race, color, Page 3 of 5 Form Of Notice Of Agreement 55394.00049\33239203, 10 religion, creed, ancestry or national origin of any Person. All deeds, leases or contracts pertaining to the Property or any part thereof shall contain or be subject to substantially the following non- discrimination or non -segregation covenants: 7.3.1 In Deeds: "The grantee herein covenants by and for itself, its successors and 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 ofrace, color, creed, religion, gender, sexual orientation, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any Person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of the Developers, lessees, sub -the Developers, sub -lessee, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." 7.3.2 In Leases: "The Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any Person or group of persons, on account of race, color, creed, religion, gender, sexual orientation, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee itself, or any Person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of the Developers lessees, sub -lessee, sub -the Developers, or vendees in the premises herein leased." 7.3.3 In Contracts: "There shall be no discrimination against or segregation of any Person or group of persons on account of race, color, creed, religion, gender, sexual orientation, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed or leased, nor shall the transferee or any Person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of the Developers, lessees, sub -lessees, sub -the Developers, or vendees of the premises herein transferred." The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. [Signatures on following page] Page 4 of 5 53394.00049\33239203.10 Form Of Notice Of Agreement THIS NOTICE OF AGREEMENT is dated as of January 6, 2021, and has been executed on behalf of the parties to the Agreement on the date indicated next to the signatures of their authorized officers. This Notice of Agreement may be executed in counterparts and when fully executed each counterpart shall be deemed to be one original instrument. Dated: t2-2—WL ATTEST: , e City Clerk APPROVED AS TO FORM: Dated: 55394,00049133239203.10 CITY OF SANTA ANA By: Kristine Ridge City Manager By: Name: Its: [ALL SIGNATURES MUSTXE NOTARIZED] Page 5 of 5 Form Of Notice Of Agreement 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 November 23, 2022.before me, L.J. Ortiz, Notary Public (insert name and title of the officer) personally appeared )4141� )-'� irr-ah who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re 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. a.. I ORTIZ. Notary Public • California Signature (Seal) a Corn rasso County��w� My Comm. Expires May 27, 2026 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 December 2. 2022. before me, L.J. Ortiz. (insert name personally appeared Kristine Ridge, 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(les), 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. Signature L. J. ORTIL N6lary Puhlk • Cadfarnla Orangge County (Seal)Commissf,03 2406078 My Comm, Expiros May 27,. 20261 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION All of that certain real property situated in the State of California, County of Orange, City of Santa Ana, described as follows: Parcel 1: All of Lots 2,3,6 and the northerly 20.00 feet of Lot 5 in Block 11 and all of Lots 1, 2, 3, 4, 5 and 6 in Block 12 of the town of Santa Ana, as shown on a map recorded in Book 2, Page 51 of miscellaneous records of Los Angeles County, California. Together with that portion of Sycamore Street, 60.00 feet wide, as shown on said map, as vacated and described in that certain resolution No. 82-17 of the city council of the City of Santa Ana, a certified copy of which was recorded February 11, 1982, as Document No. 82-051577 of official records of Orange County, California, bounded southerly by the north line of Third Street, 60.00 feet wide, and bounded northerly by a line parallel with and distant northerly 140.00 feet, measured at right angles, from said north line of Third Street. Excepting therefrom the easterly 15.00 feet of said Lot 3 in said Block 11. Parcel 2: A perpetual easement for ingress and egress over the south 2.50 feet of the east 15.00 feet of Lot 3 in Block 11 of the town of Santa Ana, as shown on a map recorded in Book 2, Page 51 of miscellaneous records of Los Angeles County, California, as reserved in the deed to J. E. Lieberg et al., dated June 5, 1923 and recorded in Book 475, Page 362 of deeds, records of Orange County, California. Parcel 3: The right to use that portion of a brick wall of the building on Lot 1 in Block 11 of the town of Santa Ana, as per map recorded in Book 2, Page 51 of miscellaneous records of Los Angeles County, California, which adjoins the east boundary line of the south 25.00 feet of Lot 2 in said Block 11, as a party wall, as granted by that certain agreement, dated July 1, 1919 by and between H. R. Andre, also known as Roy Andre, et al., as parties of the first part, and L. J. Carden et al., as parties of the second part recorded August 19, 1919 in Book 341, Page 362 of deeds, records of Orange County, California. Subject to covenants, conditions, restrictions and easements of record, if any, and to the following four (4) reservations, restrictions and easements: '1.) A no building of a habitable structures zone in favor of the City -of Santa Ana over that portion of land in the city of Santa Ana, county of Orange, state of California more particularly described as follows: 14 the northerly 15.00 feet of lots 5 and 6, in block 11 and the northerly 15.00 feet of lots 5 and 6 in block 12 of the town of Santa Ana as shown on a map recorded in book 2, page 51 of miscellaneous records of Los Angeles County, California. 2.) An easement for fire access purposes in favor of the City of Santa Ana over that portion of land in the city of Santa Ana, county of Orange, state of California more particularly described as follows: the northerly 10.00 feet of lots 5 and 6, in block I i and the northerly 16.00 feet of lots 5 and 6 in block 12 of the town of Santa Ana as shown on a map recorded in book 2, page 51 of miscellaneous records of Los Angeles County, California. 3,) An easement for operations and maintenance of public utilities (water, sewer, storm drain) in favor of the City of Santa Ana over that portion of land in the city of Santa Ana, county of Orange, state of California more particularly described as follows: the northerly 20.00 feet of lots 5 and 6, in block I and the northerly 24.00 feet of lots 5 and 6 in block 12 of the town of Santa Ana as shown on a map recorded in book 2, page 51 of miscellaneous records of Los Angeles County, California. 4.) A reservation for private access rights in favor of lots 7 and 8 in block 12 and lots 7 and 8 in block 11 of the town of Santa Ana as shown on a map recorded in book 2 page 51 of miscellaneous records of Los Angeles County, California over that portion of land in the city of Santa Ana, county of Orange, state of California more particularly described as follows: The Northerly 10.00 feet of lots 5 and 6 in block 12 and the Northerly 10.00 feet of lots 5 and 6 in block 11 as shown on said town of Santa Ana map.