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Home My WebLink AboutHARBOR BLVD PROPERTYRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Harbor Blvd Property LLC c/o Kearny Real Estate Company 11150 Santa Monica Blvd, Suite 300 Los Angeles, CA 90025 Attn: Dan Broder Return FULLY EXECUTED Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder Illlllull[IIII 1111I11I1!111111111111111!!!11!!l111111111II 111i11!1'111 NO FEE * $ R 0 0 1 5 0 6 6 2 3 7 S* 2024000190591 2:56 pm 07125/24 63 RW11A Al2 9 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 Space Above this Line Reserved for Use Copy to City Clerk, M-30 AMENDMENT TO PROPERTY MAINTENANCE AGREEMENT o. "0") JUL 1 5 2024 04• J..A„r This AMENDMENT TO PROPERTY MAINTENANCE AGREEMENT (this "Amendment") is being executed as of June , 2024, by and between HARBOR BLVD PROPERTY LLC, a Delaware limited liability company ("Harbor"), and the City of Santa Ana, a municipal corporation ("City") RECITALS WHEREAS, Harbor (as successor -in -interest to Kearny Harbor LLC, a Delaware limited liability company ["Kearny"]) is the current fee owner of that certain real property located in the City of Santa Ana, County of Orange, State of California and more particularly described in Exhibit "A" attached hereto (the "Property"). WHEREAS, the Property is currently affected and encumbered by that certain Property Maintenance Agreement for Tentative Parcel Map No. 2018-04 and Special Use Permit No. 2020- 01 for the Property Located at 3100 and 3130 South Harbor Boulevard by and between Kearny and the City, and recorded on October 19, 2020 as Document No. 2020000614319 in the Official Records of Orange County, California (the "Agreement"). WHEREAS, Tentative Parcel Map No. 2018-04 as referenced in the Agreement was never recorded. WHEREAS, the City subsequently approved the development of a new 162,656 square foot industrial building at the Property pursuant to that certain letter from the City's Planning and Building Agency dated July 26, 2023 and referencing "New Industrial Building at 3100 and 3130 South Harbor Boulevard, DP No. 2023-07 (Master ID No. 2023-180201, ER No. 2023-47 (plans dated 6/22/2023 and received 6/27/2023))" (the "New Development"). WHEREAS, in connection with the New Development, the City and Harbor desire to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties hereto, the parties hereby declare, covenant and agree as follows: 4974-2024-1563 3 392392 00001/6-6-24/all/mdk 60-01 1 1 ille 1. Title. The title of the Agreement shall hereinafter be "CITY OF SANTA ANA PROPERTY MAINTENANCE AGREEMENT FOR NEW INDUSTRIAL BUILDING AT 3100 AND 300 SOUTH HARBOR BOULEVARD, DP NO. 2023-07 (MASTER ID NO. 2023- 180201, ER NO. 2023-47 (PLANS DATED 6/22/2023 AND RECEIVED 6/27/2023))". 2. Owner. All references to "Kearny Harbor, LLC" shall mean and refer to "Harbor Blvd Property LLC, a Delaware limited liability company". 3. Recitals. The first two recitals of the Agreement shall be deleted and replaced with the following: "WHEREAS, Owner seeks to develop a new 162,656 square foot industrial building on that certain real property located at 3100 and 3130 South Harbor Boulevard in Santa Ana, CA (APN: 415-023-09), which is more particularly described in the legal description attached hereto as "Attachment A" and incorporated herein (the "Property"); such development shall be referred to herein as the "Development"; WHEREAS, in connection with the City's approval of the Development, the City has requested that the Parties enter into this Agreement;" 4. Section 2. Section 2 of the Agreement is hereby deleted and replaced with the following: SECTION 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. The Project shall comply with the requirements and conditions set forth in that certain letter of approval from the City's Planning and Building Agency dated July 26, 2023 and referencing New Industrial Building at 3100 and 3130 South Harbor Boulevard, DP No. 2023- 07 (Master ID No. 2023-180201, ER No. 2023-47 (plans dated 6/22/2023 and received 6/27/2023))." 5. Maintenance Condition No. 2. The text ", including uses determined by the Planning Commission in its Resolution Nos. 2019-43" in No. 2 of Section 3(A) of the Agreement is hereby deleted and of no further force or effect. 6. Property Site Plan. All references to "Property Site Plan" in the Agreement shall mean the site plan for the New Development as approved by the City. 7. Maintenance Condition No. 17. No. 17 of Section 3(A) of the Agreement is hereby deleted and replaced with the following: "Any vehicles exceeding forty (40) feet in length, including but not limited to, vehicles utilized for ingoing and outgoing deliveries to the Building, shall be restricted to the rear areas of the Property, including the southerly and westerly areas of the Property; provided, however, these vehicles may use drive aisles on other portions of the Property as reasonably necessary for ingress to and egress from the rear of the Property. These vehicles shall not be permitted to park, load, unload, or provide deliveries along Harbor Boulevard (easterly portion of the Property), at any time of the day or night." 8. Maintenance Condition No. 19. No. t9 of Section 3(A) of the Agreement is hereby deleted and replaced with the following: "The operation of all mechanical systems and 4874-2024-1563.3 392392 00001/6-6-24/01h.dk -2- equipment installed to serve the Building shall be confined to the interior of the Building, except for those portions of such systems and equipment located outside of the Building and approved by the City in the plans for the Development or otherwise. Owner shall operate such equipment at the Building in a manner that is consistent with the Santa Ana Municipal Code." 9. Notice. Owner's notice address as set forth in Section 13 of the Agreement is hereby deleted and replaced with the following: Harbor Blvd Property LLC 11150 Santa Monica Blvd., Suite 300 Los Angeles, CA 90025 Attn: Dan Broder 10. No Further Modification. Except as set forth in this Amendment, all of the terms and provisions of the Agreement shall remain unmodified and in full force and effect. 1 l . Entire Agreement. This Amendment is the entire agreement between the Parties with respect to the subject matter hereof. It includes all of the terms, promises, representations and understandings made by the Parties with respect to the subject matter hereof, and it supersedes any earlier written or oral understandings or agreements between the Parties. No Party hereto nor its respective attorneys or advisors or agents have made any promise, representation or warranty, whether expressed, implied or statutory, not contained herein, concerning the subject matter of this Amendment in order to induce the Parties hereto to execute this Amendment, and each signatory acknowledges that such Party has not executed this instrument in reliance on any promise, representation or warranty not contained herein. 12. Counterparts. This Amendment may be executed in counterparts each of which shall be deemed as an original, but all of which taken together shall constitute one and the same document. [SIGNATURES APPEAR ON NEXT PAGE] 4874-2024-1563.3 392392.00001/6-6-24/01A,, k -3- IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first written above. HARBOR BLVD PROPERTY LLC, a Delaware limited liability company By: DK Harbor Blvd LLC, a Delaware limited liability company Its: Sole Member By: Kearny Investors Santa Ana Industrial, LLC, a Delaware limited liability company Its: Administrative Memb B:-- Name: (fooNiE 5. i�a Nc Its: \1IC-E PgOfOED1T 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 Vp��_) G I. On t �WL Z i 'W2A before me, kbWOCX4 (insert name of notary) Notary Public, personally appeared 'AmyyV Q- S - Ko v�.Sr who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he/sh@4hey executed the same in his/her4heir authorized capacity(ies), and that by his/her,�r signatures} 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 o t e t t o the foregoing paragraph is true and correct. uo C. sNEaw000 Notary Public • California WITNESS my hand and of tcial seal. M1 .4 LozAngelesCounty Commission g 2370160 //�� My Comm. Expires Sep 4, 2025 Signature & %il Ul/(Seal ) CITY: CITY OF SANTA ANA, a municipal corp ation Alvaro Nunez Acting City Manager 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 On , before me, (insert name of notary) Notary Public, personally appeared 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) CALIFORNIA 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 notthe truthfulness, accuracy, or validity of that document. State of California 1 County of Oranac J} On J�A before me, EW I�4 (1 Zbarrg . N Ir4 Publ i e Date Here Insert Nome and Title o the Officer personally appeared Rlyckm N t-f ry-7. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sL&are subscribed to the within instrument and acknowledged to me that Q/she/they executed the same in 1 /her/their authorized capacity(ies), and that by(9/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 Ey'PEyN IBnRRn Notary Public o Californiaparagraph is true and correct. Onnge County commission x la89063 - WITNESS my hand and official seal. My Comm. Expire, May 3, 203g Signature Place Notary Seal and/or Stamp Above Sign ure of Notary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ro:.,XacaX u.a x�,..:.,,.. .._.�_ .- >.<rtc a..., ...:-, .......�., •rYa�x...... -. r,.-. .. .>.<•>�eY• s, :<rw,x F.a, . at fr+s �. ...:.: 02019 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic 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 l County of Or(In9e1' 1} On jj t i�I la 9D before me, �VQI�J (i T VAnCQ, N *N Public ate H reI 1 sI1ert Name and Title of the Officer personally appeared cTel fifer 1 . R411 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) l®/are subscribed to the within instrument and acknowledged to me that he.Qe/they executed the same in his/(ge /their authorized capacity(ies), and that by his/a/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 ereLvN ieAAnn laws of the State of California that the foregoing Notary Pubilc•Calllarnla paragraph is true and correct. Onng Count Commlulon > 1411061 My Comm. Expires Nay 7, 2038 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Si t e of Notary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: National• a ber of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CITY: CITY OF SANTA ANA, a municipal corporarion By: Jennifer City Clerk 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 On before me, (insert name of notary) Notary Public, personally appeared 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) EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL I OF PARCEL MAP 96416, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA RECORDED IN BOOK 299, PAGES 42 AND 43 OF PARCEL MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME, NOW AND HEREAFTER IN, ON OR UNDER THAT PART OF THE ABOVE DESCRIBED PROPERTY LYING BELOW A DEPTH OF 500 VERTICAL FEET BELOW THE SURFACE OF THE PROPERTY, BUT WITHOUT ANY RIGHT OF ENTRY UPON SAID PROPERTY OR WITHIN THE UPPER 500 FEET THEREOF FOR ANY PURPOSES WHATSOEVER, AS RESERVED BY C. J. SEGERSTROM AND SONS, A PARTNERSHIP, IN DEED RECORDED OCTOBER 7, 1977 IN BOOK 12408, PAGE 608 OF OFFICIAL RECORDS. 4824-20244563,3 EXHIBIT A 392392.00001/6-6-24/all/mdk -1-