HomeMy WebLinkAboutLINE AT SANTA ANA LLC, THE; OKTOGON SANTA ANA LLC A-2016-022-01INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
SEP 6 4 2014ECORDING REQUESTED BY
(a AND WHEN RECORDED MAIL TO:
StiNu- C-° -" City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attention: City Clerk
L_�W0 L
A-2016-022-01
To be recorded without fee. (Space Above This Line For Recorder's Use Only)
(Government Code, §§ 6103 and 27383)
TERMINATION OF INCLUSIONARY HOUSING AGREEMENT
THIS TERMINATION OF INCLUSIONARY HOUSING AGREEMENT is dated as
of , 2019 ("Effective Date"), by and between the CITY
OF SANTA ANA, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California ("City"), THE LINE AT
SANTA ANA, LLC, a Delaware limited liability company ("Developer"), and
OKTOGON SANTA ANA, LLC, a Delaware limited liability company ("Owner").
RECITALS
A. Owner is the fee owner of the property located at 3630 W. Westminster,
Santa Ana, California ("Property").
B. Owner acquired the Property from Developer on June 12, 2019.
C. Developer and City executed that certain Inclusionary Housing Agreement
for Payment of In -Lieu Fee, which was recorded against the Property on
March 29, 2016, in the Official Records of the County of Orange, as
Instrument No. 2016000132237 ("Inclusionary Housing Agreement').
D. Article 2, Section II of the Inclusionary Housing Agreement required that,
"In lieu of providing any Inclusionary Units, the Developer shall pay to the
City the sum of $1,221,437.20 prior to obtaining the first building permit
related to the Project."
E. Developer submitted the full In -Lieu Fee payment of $1,221,437.20 to the
City on April 5, 2017.
Termination of Inclusionary Housing Agreement Page 1
City of Santa Ana
F. Pursuant to Article 4, Section XII of the Inclusionary Housing Agreement,
Developer, Owner and City now mutually desire to terminate the
Inclusionary Housing Agreement with respect to the Property.
TERMINATION
NOW, THEREFORE, in consideration of the foregoing Recitals, which are
incorporated herein and made a part hereof, and the covenants and promises
hereinafter contained, and other good and valuable consideration, the receipt
and sufficiency of which is acknowledged by the City, Owner and the Developer,
the Parties hereto agree as follows:
1. The Inclusionary Housing Agreement recorded in the Official
Records of the County of Orange, as Instrument No. 2016000132237, is hereby
terminated with respect to the Property.
2. Notwithstanding the foregoing, nothing herein is intended to or does
terminate any covenants, conditions, or restrictions contained in any other
instrument recorded against the Property, all of which shall survive the
recordation of this Termination.
3. This Tert;iinatioii tray be executed in counterparts, each of which,
after all the parties hereto have signed the Termination, shall be deemed to be
an original, and such counterparts shall constitute one and the same instrument.
Termination of Inclusionary Housing Agreement Page 2
City of Santa Ana
IN WITNESS WHEREOF, the Parties hereto have duly executed this Termination
of Inclusionary Housing Agreement as of the dates set forth below.
SIGNATURE PAGE
TO
TERMINATION OF INCLUSIONARY HOUSING AGREEMENT
ATTEST:
DAISY GOMEZ
CLERK OF THE COUNCIL
APPROVED AS TO LEGAL FORM:
By:
Rya dge
Assi�tbant 6ty Attorney
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Executive Director — CDA
CITY:
CITY OF SANTA ANA
A California Charter City and Municipal
Corporation
Name: Kristine Ridge
Its: City Manager
Date: �'I-T—eq ZC�l�9
Termination of Indusionary Housing Agreement Page 3
City of Santa Ana
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 August 30, 2019 before me, Rosa A. Flores, Notary Public
(insert name and title of the officer)
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(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.
ROSA A. FLORES
�N. Notary Pool -California
5 't, Orange County
7 Commission 12228450
■ My COMM. Expires Feb 7,2022 +
Signature (Seal)
SIGNATURE PAGE
TO
TERMINATION OF INCLUSIONARY HOUSING AGREEMENT
DEVELOPER:
The Line at Santa Ana, LLC,
A Delaware limited liability company
By:
Name: (.; - W A, d He ;+vwe
Its: Auc or"i
Date: T -W -e Z -, z 0 1
California Notarial Seat
OWNER: on attached
Acknowledgment
/d
Oktogon Santa Ana, LLC,
A Delaware limited liability company
By:
Name:
Its:
Date:
Termination of Inclusionary Housing Agreement Page 4
City of Santa Ana
personally appeared
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 Los Angeles
On Jv^2 Srt ; 2019 before me, _
Date I
b U- cZf'
Adam S. Goldman, Notary Public
In ert Name and Title of the Officer
v72T
Name(s) of Signer(s)
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.
ADAM S. GDLOMAN
Commission # 2138816 Z Signature
a -ee Notary Public - California Adam S. Goldman, Notary Public
i?%-� Los Angeles County
M Comm. Expires Jan 13, 2020
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended dgcument. n t
pf''.ZnC IV,$lorl (r �� flo.,,j 143 rlS rr.P V+PT.I
Description of Attached Document 7(?rn; < �n J
Title or Type of Document: 36;1 ✓ J l'` I4fll'� Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Si ner(s)
Signer's Name:Si
( Corporate Officer — Title(s): A-Lj,�J-L,
❑ Partner — ❑ Limited ❑ General 3
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: /
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
SIGNATURE PAGE
TO
TERMINATION OF INCLUSIONARY HOUSING AGREEMENT
DEVELOPER:
The Line at Santa Ana, LLC,
A Delaware limited liability company
By:
Name:
Its:
Date:
OWNER:
Oktogon Santa Ana, LLC,
A Delaware limited liability company
By: cJXli lk�
Name:—0ayz-1
Its:
Date: =10"t rat 51 "?01 7
Termination of Inclusionary Housing Agreement Page 4
City of Santa Ana
NOTARY 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 Illinois
ss.
County of Champaign
On June 25, 2019 before me, Karl A. Beckett No In
Date Name and Title of Officer (e.g., "Jane Doo, Notary Publlo'
personally appeared David B. Sholem, Vice President of Oktogon Santa Ana, LLC
Name(sI of slgnerW
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. OFFICIAL SEAL.
KARIA BECKETT
NOTARY PUBLIC, STATE CIF B.LINCIIS
My CoML 2E5SI4N EXPIRES 47(11S(242F
Signature _ [Seal]
Notary Public