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HomeMy WebLinkAboutCOMMUNITY DEVELOPMENT AGENCY/LATINO HEALTH ACCESS-2009A-200q-296-001 'RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder Clerk of the Council IIIIIIIIIINIIIIIIIIIIIIIIVINIIIIIIIIIIINIIIIIIIInllllllll NO FEE City of Santa Ana 2010000598562 920 am 11/10/10 20 Civic Center Plaza M-30 62 417 A17 6 P.O. Box 1988 0.00 0.00 0.00 0.00 15-00 0.00 0.00 0.00 Santa Ana, California 92702 FREE RECORDING GOVERNMENT CODE § 6103 FIRST AMENDMENT TO CONTINGENT GROUND LEASE THIS FIRST AMENDMENT TO CONTINGENT GROUND LEASE r ("Amendment") is made and entered into as of 51 day of December, 2009 by and between the ?I CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of California (the "City"), the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a redevelopment agency pursuant to Health & Safety Code § 33000 et seq. and a public body corporate and politic the "Agency"), ENTER I FOR PREVENTION AND ACTION IN HEALTH, INC., dba LATINO HEALTH ACCESS, a California non-profit public benefit corporation "Tenant" following: ( ), with respect to the A. On or about October 13, 2008, the City, the Agency and Tenant entered into that certain Contingent Ground Lease which was subsequently recorded as Document No. 200800049743401 of the Official Records of the County of Orange. B. The Tenant has requested that the City and Agency agree to amend two provisions of the Contingent Ground Lease to provide Tenant with an additional year to satisfy two contingencies contained in the Contingent Ground Lease, which one year extension is agreeable to the City and Agency. C. Section 1.06 of the Contingent Ground Lease is hereby amended to read as follows: Section 1.06 Early Termination Should Tenant fail to achieve each and every of the contingencies set forth in section 1.02 of this Lease on or before September 22, 2010, then this Lease shall by its own terms terminate and be null and void for all purposes. INSURANCE ON ? WORK MAY PROOF ?r, UNTUNSU'RA',` ?tP;. 5 - 20 -l so, CLER ,, W6`RDlNG REQUESTED BY ?TF AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 4 Q Santa Ana, California 92702 e.? A-2007-296-001 FREE RECORDING GOVERNMENT CODE § 6103 FIRST AMENDMENT TO CONTINGENT GROUND LEASE THIS FIRST AMENDMENT TO CONTINGENT GROUND LEASE ("Amendment") is made and entered into as of 91 day of December, 2009 by and between the CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of California (the "City"), the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a redevelopment agency pursuant to Health & Safety Code § 33000 et seq. and a public body corporate and politic (the "Agency"), and LATINO CENTER FOR PREVENTION AND ACTION IN HEALTH, INC., dba LATINO HEALTH ACCESS, a California non-profit public benefit corporation ("Tenant"), with respect to the following: A. On or about October 13, 2008, the City, the Agency and Tenant entered into that certain Contingent Ground Lease which was subsequently recorded as Document No. 200800049743401 of the Official Records of the County of Orange. B. The Tenant has requested that the City and Agency agree to amend two provisions of the Contingent Ground Lease to provide Tenant with an additional year to satisfy two contingencies contained in the Contingent Ground Lease, which one year extension is agreeable to the City and Agency. C. Section 1.06 of the Contingent Ground Lease is hereby amended to read as follows: Section 1.06 Early Termination Should Tenant fail to achieve each and every of the contingencies set forth in section 1.02 of this Lease on or before September 22, 2010, then this Lease shall by its own terms terminate and be null and void for all purposes. D. Section 5.05 of the Contingent Ground Lease is hereby amended to read as follows: Section 5.05. Time for Completion Tenant shall cause construction of the Community Center to be commenced in accordance with the Schedule for Completion, provided by the Tenant not later than November 1, 2010, subject to any further extension which shall be approved by the City Manager and Agency Executive Director. Tenant shall further cause construction of the Community Center to be diligently pursued without unnecessary interruption, and shall cause the Community Center to be completed and ready for occupancy not later than eighteen (18) months after commencement of its construction. The time of performance by either party hereunder shall be extended where delays are due to war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation including, but not limited to, litigation challenging the validity of this transaction or any element thereof (except condemnation); severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, or supplies; acts of the other party; acts or failure to act of the City or any other public or governmental agency or entity (other than acts or failure to act of the City shall not excuse performance by the City); or any other cause beyond the control, or without the fault of the party claiming an extension of time to perform; provided that notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Any such extension shall be for the duration of the cause of the delay. E. Except as expressly provided in this Amendment, all terms and conditions of the Contingent Ground Lease shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA, a charter city David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney 4*n?-K--af Ba C sistant City Attorney ATTEST: t Maria D. Huizar Secretary APPROVED AS TO FORM: Joseph W. Fletcher, Agency Counsel By Be 'am' aufm A ist t Agency' ounsel COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a redevelopment agency . ?/-.)17 Cynthia I Nelson " Executive Director LATINO CENTER FOR PREVENTION AND ACTION IN HEALTH, INC., dba LATINO HEALTH ACCESS, a California nonprofit public benefit corporation America Bracho Chief Executive Officer 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of } 021-(°C'- (? - 2©oq before me, Date Here Insert Name and Title of the i er n personally appeared who proved to me on the basis of satisfactory evidence to be the person(e) whose name( is/afasubscribed to the within instrument and acknowledged to me that#to/she/tAeyL executed the same in We/her/gui4r-authorized capacity(ies), and that by4s/her/thei?signature(s)-on the instrument the person4), or the entity upon behalf of which the persoI acted, executed the instrument. w.. 131,11 fARTI .......?? NOTARY PUBLIC • cau??? « Place Notary Seal Above 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. r- . Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 171 Y S 1" lj)21 A ,,n o Lon n i-En ± ?.Cartc7 U+lcl s e Document Date: r Number of Pages: -S . Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Individual El Corporate Officer-Title(s): El Partner - El Limited El General 1:1 Attorney in Fact El Trustee El Guardian or Conservator El Other: Signer Is Representing: KARDANI ? COMM. ? 1850723 ORANGECOUNTV 2 My Commission Expires June 7 7, 2013 Top of thumb here Signer's Name- El Individual ? Corporate Officer -Title(s): - ? Partner -? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On January 4, 2010, before me, Date personally appeared ISS. Karen C. Gerardo, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") KAREN C. GERARDO Commission #E 1750070 Notary Public - California Orange County : wwvzeJtn 10,2011 + David N. Ream who proved to me on the basis of satisfactory evidence to be the persons} whose name{s} is/are subscribed to the within instrument and acknowledged to me that he/6heAhey executed the same in hiss"rev authorized capacity#e.64, and that by hissherAheiT 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. Place Notary Seal Above v Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: First Amendment to Contingent Ground Lease Document Date: Dec 31, 2009 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ? Individual ? Corporate officer - Title(s): ? Partner -- ? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Number of Pages: 3 Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange SS. On _January 5, 2010, before me, Karen C. Gerardo, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Cynthia J. Nelson Name(s) of Signer(s) KAREN C. 6ERARDO Commiulon #t 1750070 Notary Pub1iC - California Orono County WComm9p wJtn1A2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s3 isAw?e subscribed to the within instrument and acknowledged to me that bt4sheA4" executed the same in #WherAheir authorized capacity4es), and that by 4Wher *eir 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. Place Notary Seal Above - /??_ Signatur o otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: ? Individual ? Corporate Officer - Title(s): ? Partner -- ? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator 0 Other: Number of Pages: Signer is Representing: Al 1, C E R )I F I Ci4T E aF4L'l k L ITY f N ? ` ?N E r I 05/20/2009 - _ y , _ PRODUCER Serial # 100205 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BLAKEMORE & ASSOCIATES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 7737 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN DIEGO, CA 92167 COMPANIES AFFORDING COVERAGE 619-222-4458 COMPANY PHILADELPHIA INDEMNITY INSURANCE CO . A INSURED COMPANY LATINO HEALTH ACCESS B 1701 N. MAIN ST. SANTA ANA, CA 92706 COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMlDD/YY) LIMITS GE NERAL LIABILITY PHPK420643 05/20109 05/20/2010 GENERAL AGGREGATE $ 2000000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2000000 CLAIMS MADE ?X OCCUR PERSONAL & ADV INJURY $ 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 100000 MED EXP (Anyone person) $ 5000 AU TOMOBILE LIABILITY PHPK420643 05/20/09 0520/2010 A X ANY AUTO COMBINED SINGLE LIMIT $ 1000000 ALL OWNED AUTOS ( DOILY IN RY Per erson $ SCHEDULED AUTOS TO p X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS yr? (Per accident) - c? ,!i, IC ?0 ?, S 0,1 'N' , ney PROPERTY DAMAGE $ GARAGE LIABILITY 1 ant AUTO ONLY- EA ACCIDENT $ ANY AUTO S / OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY PHUB271881 05/20/09 05/20/2010 EACH OCCURRENCE $ 1000000 A X UMBRELLA FORM AGGREGATE $ 1000000 OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND WC STATU- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ PARTNERS7EXEIXJrIVE INCL EL DISEASE - POLICY LIMIT $ OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlSPECIAL ITEMS CITY OF SANTA ANA ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS IS NAMED ADDITIONAL INSURED PER ATTACHED EXHIBIT B T . CA: OILDILE tL -- ?? a « SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SANTA ANA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EN615Q60 M MAIL 20 CIVIC CENTER PLAZA, M-21 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SANTA ANA, CA 92701 AUTH RIZED REPRESENTATIVE BLAKEMORE & ASSOCIATES O ? St{7{95y r G47RD25. - -rI}n jE[ RD;EfORPynRATIQNil B&#+ CAFMPRO\CERTPROS LATINOHEALTHACCESS.FP5 ADDITIONAL INSURED ENDORSEMENT Insurance Company -Philadelphia Indemnity Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # PHPK420643 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 05/20/2009 Policy # PHPK420643 this endorsement form as a part of Issued to Latino Health Access Named Insured Authorized Representative S?S?pP?o;??ey P5y\y?a Countersigned by too 100