HomeMy WebLinkAboutSANTA ANA 5 INV., LLC - 2017A-2015-177
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO.
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attention: City Clerk
To be recorded without fee. (Space Above This Line For Recorder's Use Only)
(Government Code, §§ 6103 and 27383)
FIRST AMENDMENT TO INCLUSIONARY HOUSING AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 4th day of
April, 2017, by and between Santa Ana 5 Inv., LLC, a Delaware limited liability company
("Developer"), and 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").
RECITALS
A. City and Developer entered into Inclusionary Housing Agreement No. A-2015-
177, dated August 4, 2015, related to the property located at 1010 S. Harbor
Boulevard, Santa Ana, CA, in compliance with the City's Housing Opportunity
Ordinance ("said Agreement").
B. The Developer now wishes to change the location of the affordable units throughout
the project. Accordingly, in accordance with the terms and conditions of said
Agreement, the Parties desire to revise the Phasing Plan Exhibits in said
Agreement depicting the location of the affordable units throughout the project.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions of said Agreement, except as herein modified, the
parties agree as follows:
1. The Phasing Plan Map depicting the location of the affordable units for the
project in the following Exhibits in said Agreement shall be replaced with the
Revised Phasing Plan Map attached hereto as Exhibit 1 and incorporated herein
by this reference:
- Exhibit 2 --- Site Map
- Exhibit 3 — Inclusionary Housing Plan
- Exhibit 4 -- Schedule of Performance for Construction of Inclusionary Units
- Exhibit 8 -- Developer's Phasing Map
3. Except as hereinabove modified, all terms and conditions of said Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Inciusionary Housing Agreement the date and year first above written.
ATTEST. -
M RIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attgrney ,
By:
Ryan 0.
Assistap� City attorney
RECOMMI-NDED FOR APPROVAL
ROBE T C. RT
Deputy City M ger -- CDA
2
CITY OF SANTA ANA
0
Robert C. Cortez
Acting City Manager
SANTA ANA 5 INV., L C
Kim Krijatel
Vice President of Development
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 , April 25, 2017 before me, Claudia M. Fernandez -Shaw
(insert name and title of the officer)
personally appeared Robert C. Cortez
who proved to me on the basis of satisfactory evidence to be the person whose namgg�re
subscribed to the within instrument and acknowledged to me that 'a -ah\ -/they executed the same in
jjZYhet%jr authorized capacity(i�s), and that by =he-r1th•e r'signature(on the instrument the
person(s, or the entity upon behalf of which the person(�yacted, executed the instrument,
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CLAtJCIA M. FERNANOEZ-SHAW
Commission # 2053995
Is
Notary Public - CaliforniaWITNESS my hand and official seal• a orange county a
My Comm. Expires Jan 25, 2018
eal
EXHIBIT A
Revised Phasing Plan Map
(Attached)
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ALL PURPOSE 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 April 4, 2017, before me Athena Bowyer, Notary Public, personally appeared
Kim Priiatel
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or entity upon behalf of which the person 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
Sign
Athe
Commission Number: 2019516
Commission Expires: April 13, 2017
Cell Phone: (949) 395-5823
_ ATHENA BOWYER
(seal) w�'_.z COMMissiars # 20195
1 G
Notary Public - California
Las Angeles County
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My Comm. Expires Apr 13, 2017 1