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HomeMy WebLinkAboutBANK OF NEW YORK MELLON TRUST COMPANY, N.A., THE (9).A- 2014-933 -1 AFTER RECORDATION PLEASE RETURN TO: Quint & Thimmig LLP 900 Larkspur Landing Circle, Suite 270 Larkspur, CA 94939 -1726 Attention: Brian D. Quint, Esq. ITIIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11929 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT is EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 273 83 OF THE CALIFORNIA GOVERNMENT CODE. THIRD MODIFICATION TO GROUND LEASE (Amending that certain Ground Lease, dated as of March 1, 1994, as amended, by and between the City of Santa Ana and the Santa Ana Financing Authority) Dated as of June 1, 2014 by and between the CITY OF SANTA ANA, as Lessor and the SANTA ANA FINANCING AUTHORITY, as Lessee Relating to Santa Ana Financing Authority Police Administration and Holding Facility Lease Revenue Bonds, Series 1994A THIRD MODIFICATION TO GROUND LEASE THIS THIRD MODIFICATION TO GROUND LEASE, dated as of June 1, 2014, is by and between the CITY OF SANTA ANA, a municipal corporation and chartered city organized and existing under and by virtue of the laws of the State of California (the "City'), and the SANTA ANA FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California, as lessee (the "Authority "), modifying that certain Ground Lease, dated as of March 1, 1994, by and between the City and the Authority, and recorded on March 22, 1994, as document number 94- 0201357, in the Official Records of Orange County, California, as modified by that certain Modification of Ground Lease, dated as of September 1, 1994, by and between the City and the Authority, and recorded on March 20, 1995, as document number 95- 0111187 in the Official Records of Orange County, California, as modified by that certain Second Modification of Ground Lease, dated as of July 28, 1997, by and between the City and the Authority, and recorded on August 5, 1997, as document number 19970373119 in the Official Records of Orange County, California, and as amended by that certain First Amendment to Ground Lease, dated as of February 1, 2004, by and between the City and the Authority, and recorded on February 25, 2004, as document number 2004000143852 in the Official Records of Orange County, California (the "Ground Lease "); WITNESSETH: WHEREAS, the City and the Authority have heretofore entered into the Ground Lease, pursuant to which the City leased certain real property, described in Exhibit A thereto, together with the improvements thereof (the "Property ") to the Authority and the Authority leased the Property from the City; WHEREAS, the Authority and the City have heretofore entered into that certain Lease, dated as of March 1, 1994, by and between the Authority and the City, and recorded on March 22, 1994, as document number 94- 94- 0201358, in the Official Records of Orange County, California, as modified by that certain Modification of Lease, dated as of September 1, 1994, by and between the Authority and the City, and recorded on March 20, 1995, as document number 95- 0111188 in the Official Records of Orange County, California, as modified by that certain Second Modification of Ground Lease, dated as of July 28, 1997, by and between the Authority and the City, and recorded on August 5, 1997, as document member 19970373120 in the Official Records of Orange County, California, as amended by that certain First Amendment to Lease, dated as of February 1, 2004, by and between the Authority and the City, and recorded on February 25, 2004, as document number 2004000143853 in the Official Records of Orange County, California, and as modified by that certain Third Modification thereto being recorded concurrently herewith (the "Lease Agreement "), pursuant to which the Authority leased the Property to the City and the City leased the Property from the Authority; WHEREAS, the City has determined that it is necessary to amend the description of the Property, as set forth in the Ground Lease and the Lease Agreement to release the existing Property and to substitute other real property and improvements therefor; WHEREAS, Section 2.06 of the Lease Agreement authorizes amendment of the Ground Lease and the Lease Agreement to substitute the Property, subject to certain conditions precedent set forth therein; and NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the parties hereto agree as follows: SECTION 1. Amendment of the Ground Lease. (a) The description of the Property contained in Exhibit A to the Ground Lease is hereby amended by releasing and terminating from the Ground Lease all property described in Exhibit A attached thereto. The resulting description of the Property shall be as described in Exhibit B attached hereto which shall modify and replace in its entirety Exhibit A attached to the Ground Lease. (b) By virtue of such substitution, the City hereby leases to the Authority and the Authority hereby leases from the City, the Property, as now described in Exhibit B attached hereto. SECTION 2. Ground Lease in Full Force and Effect. Except as amended by this Third Modification to Ground Lease, the Ground Lease remains in full force and effect. SECTION 3. Execution in Counterparts. This Third Modification to Ground Lease may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 4. Applicable Law. This Third Modification to Ground Lease shall be governed by and construed in accordance with the laws of the State of California. -2- [NOTARY ACKNOWLEDGMENTS TO BE ATTACHED] EXHIBIT A All that certain real property situated in Orange County, State of California, described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BOUNDED ON THE NORTH BY A LINE 54.00 FEET SOUTH OF THE CENTERLINE OF CIVIC CENTER DRIVE; ON THE SOUTH BY A LINE 30.00 FEET NORTH OF THE CENTERINE OF SIXTH STREET; ON THE WEST BY A LINE 30.00 FEET EAST OF THE CENTERLINE OF SHELTON STREET; AND ON THE EAST BY A LINE PARALLEL WITH AND 494.5 FEET EASTERLY FROM THE CENTERLINE OF SAID SHELTON STREET Exhibit A Page 1 EXHIBIT B DESCRIPTION OF THE RESULTING PROPERTY All that certain real property situated in Santa Ana, State of California, described as follows Those portions of Lots 11 through 15, inclusive, of Constantine's Addition to the Town of Santa Ana as shown on the map filed in Book 23, Page 32 of Miscellaneous Records, in the office of the County Recorder of Los Angeles County, California; together with portions of Lots 11 and 12 of Gildmacher's Addition to the Town of Santa Ana as shown on the map filed in Book 23, Page 37 of said Miscellaneous Records; together with a portion of the Southwest Quarter of Section 12, Township 5 South, Range 10 West, in the Rancho Santiago De Santa Ana, all in the City of Santa Ana, County of Orange, State of California, described as a whole as follows: Commenting at the centerline intersection of Flower Street and Civic Center Drive as said intersection is shown on Record of Survey 95 -1031 as filed in Book 149, Pages 49 and 50 of Records of Survey, in the office of the County Recorder of said Orange County, said centerline intersection being the Northerly terminus of that certain course in said centerline of Flower Street shown as having a bearing and distance of "N. 01000'31" E. 673.13'" on said Record of Survey; thence along said centerline of Flower Street South 01000'31 " West 673.13 feet to the centerline intersection of Flower Street and Sixth Street as shown on said Record of Survey; thence leaving said centerline of Flower Street along said centerline of Sixth Street South 89 °49'34" West 1393.72 feet to the Southerly prolongation of the Easterly line of Lot 27 of the McFadden - Wilson Addition to Santa Ana as filed in Book 28, Page 9 of said Miscellaneous Records; thence leaving said centerline of Sixth Street along said Southerly prolongation North 0 °03'43" East 30.00 feet to the Northerly right -of -way line of said Sixth Street, said Northerly right -of- way line being parallel with and 30.00 feet Northerly of said centerline of Sixth Street, said point also being the Southeast comer of said Lot 27 and the TRUE POINT OF BEGINNING; thence along said Easterly line and the Northerly prolongation of said Easterly line North 0 °03'43" East 250.00 feet to a line being parallel with and 250.00 feet Northerly of said Northerly right -of -way line of Sixth Street; thence leaving said Northerly prolongation along last said parallel line North 89 °49'34" East 36150 feet to a line being parallel with and 13.50 feet Westerly of the Easterly line of said Lot 11 of Gildmacher's Addition to the Town of Santa Ana; thence leaving said parallel line along last said parallel line South 0 °03'43" West 250.00 feet to said Northerly right -of -way line of Sixth Street; thence leaving said parallel line along said Northerly right -of -way line South 89 °49'34" West 361.50 feet to the TRUE POINT OF BEGINNING. Containing an area of 2.075 acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. Exhibit l) IN WITNESS WHEREOF, the City and the Authority have caused this Third Modification to Ground Lease to be executed by their respective officers thereunto duly authorized, all as of the day and year first above written. Attest: Attest: L Maria D. Huizar Clerk of the Council Maria D. Huizar Secretary CITY OF SANTA ANA By Davi avazos City Manager SANTA ANAp FINANCING AUTHORITY J By � L�Z David Cavazos Executive Director -3- CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Orange SS City of Santa Ana On this 11th day of June, 2014, before me, Maria D. Huizar , Notary Public, personally appeared David Cavazos, City Manager who proved to me on the basis of satisfactory evidence to be the l /persons whose r aaifi /nar- r�es(isYare- subscribed to the within instrument and acknowledged to me that re/she/they executed the same in (h- Wherttheir authorized c�pafg5y /capacities and that by hst-7.her /their i na�'re /signatures on the instrument the er as vpers©ns; or the entity upon behalf of which the p r§` /perszsns acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARYSEAL Witness my hand and official seal. MARIA D HUIZAR Individual(s) ..Commission N 1974202 +`,+ Notary Public - California z �- Z Orange County > M Comm. Ex Ires Apr 5, 2016 Signature of Notary CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) ❑ Corporate ❑ Officers Titles) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian /Conservator ❑ Other: SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: RE: BOND REFINANCE TITLE OR TYPE OF DOCUMENT: THIRD MODIFICATION TO GROUND LEASE NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: