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Home My WebLink AboutSANTANA GREEN DEVELOPMENT, LLC (3)A-2024-204 WURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: DEC 17 2024 FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT 0= PwN(Z) THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT ("First Amendment") is made and entered into this 3rd day of December 2024 ("Effective Date") by and between SANTANA GREEN DEVELOPMENT, LLC, a California limited liability company ("Buyer" or "Owner") and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California ("Seller" or "City"). As used herein, Buyer and Seller may be referred to collectively as the "Parties" and each individually as a "Party." RECITALS A. The Seller and Buyer entered into that certain Purchase and Sale Agreement dated the 15`h day of December 2021 ("Agreement") for the sale by the Seller to the Buyer of the City's fee simple interest in that certain real property consisting of approximately 17,415 square feet located at 2235 S. Bristol Street (APN 015-194-40) and 1211 W. Wainer Street (APN 015-194- 37), Santa Ana, California, legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. The close of escrow occurred on July 1, 2022 ("Close of Escrow") and a grant deed was recorded transferring fee simple interest from the Seller to the Buyer, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference ("Grant Deed"). C. The Parties now desire to amend the Agreement in connection with certain conditions and covenants that survived the Close of Escrow. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and other good and valuable condition, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this First Amendment in their entirety. 2. Repurchase Right. Section 6.2.4 of the Agreement is hereby amended by deleting the first sentence of Section 6.2.4 and substituting the following in lieu thereof: "6.2.4 Repurchase Right. Buyer hereby represents and guaranties that, subject to a Permitted Delay (as defined herein), Buyer's tenant shall open for business to the public on the Property as a drive-thru restaurant or fuel station with an integrated electric vehicle charging 1 8.1.24 CAB station (the "Opening Covenant') on or before the date that is forty-eight (48) months following the Close of Escrow (the "Opening Deadline"). 3. Consistency. Notwithstanding anything contrary contained in this Agreement, to the extent the terns and provisions of this First Amendment are inconsistent with, conflict with or are contrary to the terms and conditions of the Agreement the terms and conditions of this First Amendment shall govern and control. 4. Effect. Except as specifically amended herein, the terms, covenants and conditions of the Agreement are and shall remain in full force and effect and are binding and enforceable against Buyer and Seller. IN WITNESS WREREOF, the Parties hereto have duly executed this First Amendment as of the date and year first written above. APPROVED AS TO FORM: By: onathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: Di9"tysigne by Nabil Nabil Saba o W:2024.11,8 gv43:14 aSW Nabil Saba Executive Director Public Works Agency 8.1.24 CAB CITY OF SAN AANA By: A"�I_ Alvaro Nunez City Manager SANTANA GREEN DEVELOPMENT,LLC, a California limited liability company By: e4AZZicGCLC! wealz�z w Print Name: Mehrdad Houriani Title: Manager EXHIBIT A LEGAL DESCRIPTION Exhibit "A" Legal Description ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 183, 184, 185 AND 186 OF TRACT MAP NO, 1192, AS PER MAP FILED BOOK 39, PAGE 17 OF MISCELLANEOUS MAPS, OFFICIAL RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION OF LOTS 184, 185 AND 186 GRANTED IN FEE FOR PUBLIC STREET PURPOSES RECORDED AS INSTRUMENT NUMBER 2019000448318, OFFICIAL RECORDS OF SAID COUNTY, APN: 015-194-43, (old 015-194-37 & 40) legal rev. (010698) EXHIBIT B GRANT DEED Recording Requested By: Commonwealth Land Title Company When recorded, please mail this Instrument to: Clerk'of the Council City of Santa Ana 20 Civic Center Plaza, M30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Govemmenl Code Section 0103, 27383. USE Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 16.00 *$ R 0 0 1 3 8 2 7 2 5 5 $ * 20220002352731:42 pm 07101/22 340 NC-5 G02 411 495.00 495.00 0.00 0.00 9.00 0.00 0,000,000.00 0.00 SPACE ABOVE THIS L WE FOR RECORDER'S TAXES APPROVED AS TO APPROVRDBY Dr.$(WPTION DISCRIPTION AP. NWMAP PARCRL rORMBYATTY. DIRCrOR WRITTEN BY CHECKED O.K. NUMBER NUMBER NUMDBft 015-194-37 & 40 06 DEED NUMBER 9185203 2235 S. BRISTOL STREET & 1211 W. WARNER AVENUE 8738 I HEREBY DECLARE THE DOCUMENTARY TRANSFER TAX GRANT DEED IS $990.t10 /computed on full value of property conveyed; or, ❑ Computed on full value less liens and encumbrances remaining at the time of sale. I City ofSanut Ana OR C Unincorporated Area FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SANTA ANA, a Charter City and Municipal Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to: Santana Green Development, LLC, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit "Bo attached hereto reference only. Dated: By: KriIP14e Ridge City Manager, City of Santa Ana Dated: l , (, '^' Z� Attested by: t By:� Daley Gomez City Clerk, City of S nta 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 January 14, 2022 before me Yesenia Cruz, Notary Public (insert name and title of the officer) personally appeared Kristine Rid a who proved tome on the basis of satisfactory evidence to be the person whose name is /a�subsc ibed to the within instrument and acknowledged to me that I ..'executed he same in Pit/her tl?etriauthorized capacity( and that by FhWher/their signature,on the instrument the pers or the entity upon behalf of which the person,(�cted, 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. I a ye�UZ b Notary Public - CaliforniaOrangeCounty Commission k 2243542 %1 _ My COMM- Expires May 21, 2022 y Exhibit "A" Legal Description ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 183, 184, 185 AND 186 OF TRACT MAP NO. 1192, AS PER MAP FILED BOOK 39, PAGE 17 OF MISCELLANEOUS MAPS, OFFICIAL RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION OF LOTS 184, 185 AND 186 GRANTED IN FEE FOR PUBLIC STREET PURPOSES RECORDED AS INSTRUMENT NUMBER 2019000448318, OFFICIAL RECORDS OF SAID COUNTY, APN: 015-194-43, (old 015-194-37 & 40) legal rev. (010698) Tw EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION l0T tBr 0 TNERLVj INC4^� p P.OR. OF LOT 760 GO°fIEE rr. $. "e'3"�a'°w" -�t POR. OF L2 LOT 188 r^L9 STREET PER rNSTAURFNT MIR La.l LOT 183 I P—+ e. e1 1 0 399 8 10 N z POR. OF ct 30, } LOT 184 Q wie qpp LA I E 1� 39• c n � I I /l I 588 3F 10 W -�.T � WARNER AVENUE PARCEL LIMITS — --- PUBLIC STREET R/W PER INST. N0. `2.006CQ _ WAVE TABLE N0. 3 NS gITA _ 'LENO�N 01 96A. BA Of'�1'�66 2 z acA.D 9 9.tz tD�o DD 0 ��F#6iriHi71F�t1t�'Etjcr.Yr �L'RIiLX7�S "J�37f�f� PADE 1 OF t