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Home My WebLink AboutHERITAGE VILLAGE OC LLCRECORDED REQUESTED BY AND WHEN RECORDED MAIL TO - Office of the Clerk of the Council 20 Civic Center Plaza M30 P.O. Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 8.00 * 8 R 0 0 1 0 2 4 3 0 7 9$ 2018000272000 2:33 pm 07125118 83 414 R08 7 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 (Space Above For Recorder's Use) A& FU 2 5 2010 U', NWA ( t) (%jo N-2016.097.02 RELEASE OF LIEN AGREEMENT NOTICE: This document terminates and releases that certain Lien Agreement, by and among the City of Santa Ana, a charter city and municipal corporation duly organized under the laws of the State of California and Heritage Village OC LLC, a Delaware limited liability company, dated June 29, 2016, recorded July 22, 2016 as Instrument No. 2016000336219, as thereafter amended by that certain First Amendment to Lien Agreement by and among the City of Santa Ana, a charter city and municipal corporation duly organized under the laws of the State of California and Heritage Village OC LLC, a Delaware limited liability company dated May 10, 2017, recorded August 3, 2017 as Instrument No. 2017000320960. 1163629.03/OC 372942-00002/11-7-17/wrd/wrd A�') RECORDED REQUESTED BY AND WHEN RECORDED MAIL TO: Office of the Clerk of the Council 20 Civic Center Plaza M30 P.O. Box 1988 Santa Ana, CA 92702 I • M (Space Above For Recorder's Use) � F1' . 2 5 2018 U :PWA C t) N•2016.097-02 C`:ao RELEASE OF LIEN AGREEMENT NOTICE: This document terminates and releases that certain Lien Agreement, by and among the City of Santa Ana, a charter city and municipal corporation duly organized under the laws of the State of California and Heritage Village OC LLC, a Delaware limited liability company, dated June 29, 2016, recorded July 22, 2016 as Instrument No. 2016000336219, as thereafter amended by that certain First Amendment to Lien Agreement by and among the City of Santa Ana, a charter city and municipal corporation duly organized under the laws of the State of California and Heritage Village OC LLC, a Delaware limited liability company dated May 10, 2017, recorded August 3, 2017 as Instrument No. 2017000320960. 1163629 ,03,0(7 372942-00002,11-7-17/wrd/w,d N-2016.097-02 RELEASE OF LIEN AGREEMENT RELEASE OF LIEN AGREEMENT AS SUBDIVISION IMPROVEMENT SECURITY FOR VESTING TENTATIVE TRACT MAP NO. 2015-03 (County Map No. 17962) This Release of Lien Agreement is executed this day of 201 by the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Heritage Village OC LLC, a Delaware limited liability company ("Owner") applied to City for approval of a final map for Vesting Tentative Tract Map No. 2015-03 (County Map No. 17962) referred to herein as "Map", pursuant to Section 34 of the City's Municipal Code ("Subdivision Code"). B. Owner was required to enter into a Subdivision Improvement Agreement with City to construct certain improvements as a condition of City's approval of said Map. C. Owner was required by the Subdivision Code and the Subdivision Map Act (Goverranent Code Sections 66462 and 66499) to provide security satisfactory to the City to secure its improvement obligations under the Subdivision Improvement Agreement. D. The initial security proposed by Owner and accepted by City was a lien agreement which is authorized pursuant to Government Code Section 66499(a)(4). A lien 1163629.03'0(' 372942-00002 11-7-17 _2_ `i? a z E �a agreement was entered into June 29, 2016 between the City and Owner, recorded July 22, 2016 as Instrument No. 2016000336219 in the Orange County Recorder's Office and subsequently was amended pursuant to that First Amendment to Lien Agreement dated May 10, 2017 and recorded August 3, 2017 as Instrument No. 2017000320960 (as so amended, the "Lien Agreement") . By the Lien Agreement, Owner granted to City a lien upon the property ("Property") described in Exhibit A to the Lien Agreement, as security for the construction of improvements specified in Exhibit B to the Lien Agreement, E. Pursuant to Section LC of the Lien Agreement, as a condition of obtaining a building permit from the City for any construction on the Property, Owner has substituted other forms of security reasonably satisfactory to the City in place of the Lien Agreement along with an executed replacement subdivision improvement agreement between Owner and the City. This new security is referred to in the Lien Agreement as Replacement Security. F. Pursuant to Section II.A. of the Lien Agreement, following the City's receipt of the Replacement Security, the Property shall be automatically released from the Lien Agreement and, upon Owner's request, the City shall execute a release to enable the Owner or its transferee to clear the Property's record of title of the Lien Agreement. NOW, THEREFORE, pursuant to Sections I.C. and II.A. of the Lien Agreement, the City acknowledges that the Owner has provided Replacement Security to the City in place of the Lien Agreement, which Replacement Security is acceptable to the City, and has executed a Replacement Subdivision Improvement Agreement. Therefore, the City hereby releases the Owner from the Lien Agreement and agrees that this Release of Lien Agreement may be immediately recorded in the Orange County Recorder's office. 110629,() .00 171942-00001;11-7-I7/w,d:w,d -3- WM6.097-02 � p 4 1163629.03, OC 972942-00002'11-7-17wrd:wrd -4- N-2016.097.02 COPY In witness whereof, the City has executed this instrument as of the date below written. APPROVED. RAUL GODI E CITY MANA E By: 1 449A Raul Godinez, City Manager APPROVED AS TO FORM: SONIA CARVAHLO, CITY ATTORNEY By: �4 l yv, t. ✓7 "" JOa M. FUNIC Assistant City Attorney ATTEST Clerk Of thV Council D FOR APPROVAL Fuad S. Swe4s, PE, PLS Executive Dictor Public Work mencv 1163629.03 OC 372942-00002/II-7-17;wrNwrd -5- 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 July 24, 2018 before me, Rosa A. Flores , Notary Public (insert name and title of the officer) personally appeared Raul Godinez II, who proved to me on the basis of satisfactory evidence to be the person(.s f whose namek<is Mre subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in his/her/their authorized capacity(jes), and that by his/her/r signature(81 on the instrument the person(s'f, or the entity upon behalf of which the personJs'J 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 i C( • �� (Seal) wl ■w+ll - AICA - - ROSA A. FLORES Na Notary Public - California Orange County Commission k 2228450 My Comm, Expires Feb 7, 2022 r t t FM 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 , 2017, before me, , Notary Public, personally appeared City Manager for the City of Santa Ana 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. (Seal) 11636)9.03i0C 372942-0000) 11-7-17 wrd-wN -6-