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HomeMy WebLinkAboutCOMMUNITY DEVELOPMENT AGENCY/LATINO HEALTH ACCESS 1B-2010A-2007-296-02 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO. Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No FEE 2010000631548 9:38 am 11/24/10 62 417 A17 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 FREE RECORDING GOVERNMENT CODE § 6103 SECOND AMENDMENT TO CONTINGENT GROUND LEASE THIS SECOND AMENDMENT TO CONTINGENT GROUND LEASE ("Second Amendment") is made and entered into as of ? day of November, 201 O 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 8t Safety Code § 33000 et seg. 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: RECITALS: A. On or about October 13, 2008, the City, the Agency and Tenant entered into that certain Contingent Ground Lease which was subsequently recorded on October 29, 2008, as Document No. 2008-000497434 in the Official Records of the County of Orange. B. On or about December 31, 2009, the Tenant requested that the City and Agency agree to amend two provisions of the Contingent Ground Lease, thereby providing Tenant with an additional yeaz to satisfy two contingencies contained in the Contingent Ground Lease, which amended Section 1.06 "Eazly Termination" and Section 5.05 "Time for Completion". This First Amendment was recorded on November 1 O, 201 O, as Document No. 20 1 0-0005 98 5 62 in the Official Records of the County of Orange. C. The amendment to Section 5.05 stated as follows: "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..." ?; r` ':??? ?? A D. The City Council and Community Redevelopment Agency action item for the Amendment was not authorized until November 17, 2008, therefore the parties have been A-2007-296-02 8 ik 4 M? RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. BOX 1988 Santa Ana, California 92702 sc(D" FREE RECORDING GOVERNMENT CODE § 6103 SECOND AMENDMENT TO CONTINGENT GROUND LEASE THIS SECOND AMENDMENT TO CONTINGENT GROUND LEASE ("Second Amendment") is made and entered into as of 1-7 day of November, 2010 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 COM 4UNITY 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: RECITALS: A. On or about October 13, 2008, the City, the Agency and Tenant entered into that certain Contingent Ground Lease which was subsequently recorded on October 29, 2008, as Document No. 2008-000497434 in the Official Records of the County of Orange. B. On or about December 31, 2009, the Tenant requested that the City and Agency agree to amend two provisions of the Contingent Ground Lease, thereby providing Tenant with an additional year to satisfy two contingencies contained in the Contingent Ground Lease, which amended Section 1.06 "Early Termination" and Section 5.05 "Time for Completion". This First Amendment was recorded on November 10, 2010, as Document No. 2010-000598562 in the Official Records of the County of Orange. C. The amendment to Section 5.05 stated as follows: "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..." D. The City Council and Community Redevelopment Agency action item for the Amendment was not authorized until November 17, 2008, therefore the parties have been proceeding with the understanding that November 17 is the critical date rather than November 1. E. The Tenant has requested that the City and Agency agree to amend the Contingent Ground Lease for a second time, thereby extending the Time for Completion until February 11, 2011, to satisfy two contingencies contained in the Contingent Ground Lease. F. The amendment to Section 5.05 shall read as follows: "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 February 11, 2011, subject to any further extension which shall be approved by the City Manager and Agency Executive Director..." G. The Schedule for Completion shall be amended and updated with the Conceptual Construction Timeline attached hereto and incorporated herein as Exhibit A. H. Except as expressly set forth in this Second Amendment, all terms and conditions of the Contingent Ground Lease shall remain in full force and effect. (Signatures on Following Page) IN WITNESS WHEREOF the parties hereto have executed this Second Amendment to the Agreement the date and year first above written. . ATTEST: Marta D. Huizar Clerk of th f- Council CITY OF SANTA ANA, a charter city David N. eam City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By-j?? Lisa . Storck Assistant City Attorney ATTEST: a?. Maria D. Huizar Agency Secretary APPROVED AS TO FORM: Joseph W. Fletcher, Agency General Counsel Lisa .Storck Assistant Counsel COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body, corporate and politic Cynthia J. 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 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of © PANCRE; On 11 1( ?a C U before me, _V I J AMY N () TA FY C9 a L, i C (Here insert name an title of the officer) personally appeared AmU--tcA --- who proved to me on the basis of satisfactory evidence to be the person whose namdKis7af-csubscribed to the within instrument and acknowledged to me that ha/.,she/they-executed the same in'hAsLher/thrk_authorized capacity, and that bylii4er/thtigsignaturd?on the instrument the person?or the entity upon behalf of which the persolr(. 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. WA= WITNESS my hand and official seal. WTARY Ua BUC CAIROFM COMMISSION flow= t ORANGE COUNTY Comm. 8 201 (Notary Seal) 5' f otary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT S c c: a a`I D A vh C-T-1 Din c.=-t4 J- -Co (Title or description of attached document) (Title ur description of attached document continued) Number of Pages 3 Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ? Individual (s) ? Corporate Officer (Title) ? Partner(s) ? Attorney-in-Fact ? Trustee(s) ? Other' INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/they is /era) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to, a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e: CEO, CFO, Secretary). • Securely attach this document to the signed document cvvo version L..vr.v v12.1U.U7 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange WITNESS myhand and official ?seal. Place Notary Seal Above _ k Signs re f Notary Public On November 17, 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) - -it KAREN C. GERARDO Commission #E 1750070 Notary Public - California Orange County *C6rrrn.W0_1A11A2011 who proved to me on the basis of satisfactory evidence to be the persons) whose name{s} iskar-e subscribed to the within instrument and acknowledged to me that 4e/sheAhey executed the same in 4+slher h& authorized capacity{ies), and that by #islher h& signature{s} on the instrument the person{), 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. 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 ? Other: ISS. Number of Pages: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ISS. On November 18. 2010, before me, Karen C. Gerardo, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared KARENC I AR ORDO Commission * 1750070 Notary Public - California Oranps County I_*t*=8"wJun1A2D11 r David N. Ream 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 heisheA#ey executed the same in hlslhe0he4 authorized capacity(ies), and that by hWhe /thei 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 ,Jandofficial seal. Place Notary Seal Above ???%?/L 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: Document Date: Number of Pages: 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: Signer is Representing: 6!2/2010 13:53 PH FACM: 619-224-5360 TO: +1 (714) 6476E49 PAGE: 00-, -.-F ..........__...._ ....................: ?sno-sn •,r_z,aacrsar. zssn•n:nc :rz;: •••....-. .. •,::,:o:,: ::nv:r... c•.•c•: rr;»•v sz :: :::a :>_ _ - - an::nzv-u::z:::::zs-• _ _ .. .f=tcr . • ., .. :•..._...;..iif!:: : a:;: L..:,p:.:...L.k..,.I;'8r5ik::!!i'!ss?.3......?........_.... ................... ^s"Is?s?yi-I?;;?;?jya DATE (MP,VDDJYY).. 0512012010 Uffl - ,? ?i :::.:.:......e•.r,n•.,;.,...;.,....cn:efl_$k3cc_:v_c:?._;.;.....,..?»,:?;E[t?t_kcu_In-•eni c:,•:r K?,mrtna:nllun,se.« ...,,.,,.i.,....i.,........1...63-..-nL:::: :.,.,,,.. n.,.,•.. ,.. d.?lu! ' RODUCER Serial # 100221 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 IOLICIES BELOW. SAN DIEGO, CA 92167 COMPANIES AFFORDING COVERAGE 619-222-4458 COY!PANY PHILADELPHIA INDEMNITY INSUR. ONCE CO A . JSURED W.A.PA.NY -? -- -------------- LATINO HEALTH ACCESS B 1701 N NAIN ST. SANTA ANA, CA 92706 COMPANY C COMPANY D :.,.::a»:..:::::? ser; •;.°:::.r^s::c:: ., ,: :: c m: s=?r.:ran zuaaa au:r:'' nn.:za::..::: :: _ - _ ' AMR ,.._..... ._ .: c-a: ; F .......... ... z a - .. s_ . ,.name i:.Rnr. n, sru:. , :. ac:. .,.:.:. _ ..._ ... .. .. d•, •: ::-••::::•»n:.. _ .sz .»...............- --....__._._._......_........ IELC?ES......,..ss..r.Laa}x.a. m..r..«I: a.......l... ..... , .....is: ....... • , .., a . a a ... .a. ,.i..:,:c..az.., na «•nnsS :::: s:!fils3,'.[uca r. ., .- - a.-.::: enr,;:nz: »a::•J-:::i`C ?iii,iii!riii!iiiciiiiiiiii:ii ..e_. _..... _ _. .....__._5. ._....-._t« ..e ......La,....,LI?_ .. .. .t.un _ut:. ..I_k9s.l_Lvl_k ? ... c :n.,asn-i-..:.. ....... ....._. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THI: POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPEC r TO WHICH THIS CERTIFICATE MAY BE ISSUEDOR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O TYPE OF INSURANCE •R POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMTDOWY) DATE(MKMDrYY) GE NERAL LIABILITY PHPK570311 05!2012010 05/20/2011 GENkR1LAGGREGATE 1000000 1, X COPJ7'ERCIAL rE17ERAL LIABI.TTY PRODUCTS, CC` APA:P A(3 S 1000000 CLAIMSMADE X OCCUR PSRSOf7FL SAD': iNnJR` 1000000 C'.VNER8&CONTk7ACTCRS PROT E4CH000URRENCE 5 1000000 FIRE DAMAGE (Any cnr %,,) S 100000 r1EUEXP (An oneporsa, , 5000 AU TOMOBILE LIABILITY PHPK570311 0512012010 0512012011 1, X ANY AUTO COa!BIflEDSfCGLEL1•T S 100000c ALL OWNED AUTOS BCd.LYINJUR'! 5 SCHEDULED AUTOS (Par Parson! X HIREDAU70S g? ----_ --- ------ L? ECIY.LYiNJURY $ X NON-OWNED AUTOS ( S GARAGE w9 LIABILITY I 'JTO ONLY_- EA.ACCICC. S A ) (., y ANY AUTO e 11><O?n OTHER TNA LY P OI A T , H A 4?s C M DE' T S E ' skar AG3RE^. _ 5 EXCESS LIABILITY EACH OC CURRENC.F S UMBRELLA FORM A03REG.ATE s W y OTHER THAI1 UP/BRELLA FOR" S ^ l WORKER'S CMPENSATICN AND we srATlL 0' TORYLIVRS i EMPLOYERS! LIABILITY _ EL EACH ACCIDENT 5 TFE PROPRIETOi/ tK PrA%'n-ffisexearrT1E L ---" "---"-- ELO:SEASE-POLIGI'Uf/I S OFFICERS ARP EXCL EL D:SEASE - EA EW! L01 -E S OTHER EWRIPTION OFOPER4TIONSILOCATIONSNEHICLESISPEC!AL ITEMS ITY OF SANTAANA ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS IS NAMED ADDITIONAL INSURED PER CG00011207 ND CG20051185 (ATTACHED) SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CaPICELLED BEFORE THE CITY OF SANTA ANA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIL _ EN66Q&M MAIL 20 CIVIC CENTER PLAZA, K21 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDS i NAMED TO THE LEFT, SANTA ANA, CA 92701 lJ8HY0430?0 AUTHORVE0 R?=P RESSENTATIVE BLAKEMORE& ASSOCIATES --------------- - ?? tFMPRO',CERTPROS LATINOHEALTHACCESS.FPS 6/2/2910 12:53 PH FRC41: 614-224-5369 TO; +1 (714) 6416,49 :'AGE: 0:'S 'IF ,: POLICY NUMBER: PHPK570311 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTROLLING INTEREST This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Santa Ana its officers, agents, employees and vol (If no entry appears above, information required to complete this endorsement will be shown in ti•e Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section il) is amended to a. Their financial control of you; or include as an insured the person(s) or organiza- b. Premises they own, maintain or control while tion(s) shown in the Schedule, but only with re- you lease or occupy these premises. spect to their liability arising out of. 2. This insurance does not apply to structural altora- tions, new construction and demol lion operations performed by or for that person or organization. 20 g ?y SP ?, S'tCPILo Bey CININ ?5\5tian CG 20 05 11 85 Copyright, Insurance Services Office, Inc., 1984 Pape 1 of 1 ?