HomeMy WebLinkAboutSANTA ANA WBBB, LP 4ARECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Attn: Housing Programs Manager
SPACE ABOVE THIS LINE FOR RECORD[NG USE
FREE RECORDING REQUESTED
[Government Code Section 6[03]
AMENDMENT TO
NEIGHBORHOOD STABILIZATION PROGRAM
LOAN DOCUMENTS
(605 -611 East Washington, Santa Ana, CA)
This AMENDMENT TO NEIGHBORHOOD STABILIZATION PROGRAM
LOAN DOCUMENTS is entered into as of July 31, 2013, by and between SANTA.
ANA WBBB, LP, a California limited partnership ( "Developer "), and the CITY OF
SANTA ANA, a California municipal corporation and charter city ( "City"), collectively
"the Parties ".
RECITALS:
A. The City and Developer entered into that certain Neighborhood Stabilization
Program Rental Housing Development Loan Agreement, dated as of June 1, 2010 ( "NSP Loan
Agreement "), regarding a loan of $655,000 from the City to the Developer, recorded against the
real property described in the attached Exhibit A (the "Property ") in the official records of
Orange County, California, on June 2, 2010 as Instrument No. 2010000258489 (the "NSP
Loan "). The NSP Loan is evidenced by that certain City Promissory Note Secured by
Subordinated Deed of Trust to the City of Santa Ana, California (605 -611 E. Washington Street),
dated as of June 1, 2010 ( "NSP Promissory Note "), in the original principal amount of $655,000,
and is secured by that certain City Deed of Trust and Assignment of Rents in favor of the City,
recorded against the Property in the official records of Orange County, California, on June 2,
2010 as Instrument No. 2010000258491 ( "NSP Deed of Trust "). In connection with the NSP
Loan, the City and the Developer entered into Affordability Covenants and Restrictions,
recorded against the Property in the official records of Orange County, California, on June 2,
2010 as Instrument No. 2010000258490 (the "NSP Covenants "). Collectively, the NSP Loan
Agreement, the NSP Promissory Note, the NSP Deed of Trust and the NSP Covenants are
referred to as the "NSP Loan. Documents ".
B. The name of the Developer has changed since the date the NSP Loan Documents
were entered into as set forth in the Amendment to Certificate of Limited Partnership (LP -2)
2
filed with the California Secretary of State's office on August 12, 2010 with regard to LP File No
201012400017.
C. The parties hereto desire to amend the NSP Loan Documents to reflect the
Developer's name change.
NOW, THEREFORE, DEVELOPER AND CITY COVENANT AND
AGREE AS FOLLOWS:
1. The NSP Loan Documents are hereby amended to replace the words "Santa Ana
BBBW, LP" wherever they appear in the Loan Documents with the words "Santa Ana WBBB,
LP."
2. Except as amended herein, the NSP Loan Documents shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
Neighborhood Stabilization Program Loan Documents to be executed on the date first
set forth above.
CITY:
CITY OF SANTA /A;QA, a municipal corporation
C
ATTEST:
Maria D. Huizar, Clerk oft re Council
APPROVED AS TO FORM
By: di2z 6 �-
Lisa E. Storck
Assistant City Attorney
Kevin O'Rourke, Interim City Manager
(Signatures continue on next page)
3
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
I SS.
On September 10, 2013, before me, Karen C. Gerardo, Notar Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Kevin O'Rourke
Name(s) of Signers)
KAARI sC.GERARDO
Commission 0 1936436
Notary Public • California
Orange County
My Comm. Expires Jun 10, 2415
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the person( whose names)
isJare subscribed to the within instrument
and acknowledged to me that he4heghey
executed the same in hisAier4r
authorized capacity0es), and that by
hisiher/their signatures) 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.
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:
Q Individual —
❑ Corporate Officer — Title(s):
❑ Partner -- [] Limited [] General
E] Attorney in Fact
❑ Trustee
El Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
DEVELOPER:
SANTA ANA WBBB, LP, a California Limited
Partnership
By: OHDC WBBB, LLC,
a California limited liability company,
its managing general partner
By: Orange Housing Development
Corporation, a California nonprofit corporation,
its sole member
By:�i�
Eunice Bobert, Chief Executive
Officer
By: C &C WBBB, LLC,
a California limited liability company,
its developer general partner
Todd R. Cottle, its member
By: The Cottle Family Trust Dated 3/8/1987,
its member
By:
/ /
arry A. Cottle, Trustee
9!
EXHIBIT A
PROPERTY DESCRIPTION
ACKNOWLEDGMENT
State of California
County of Orange )
On August 16, 2013 before me, Rosalba Ruiz, Notary Public
(insert name and title of the officer)
personally appeared Eunice Bobert ----------------------------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person(S) whose name(e) is /are
subscribed to the within instrument and acknowledged to me that he /eheAta-iey executed the same in
his /4e4t}ie# authorized capacity(ieo, and that by his /heFrte signatureW 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.
Signature r-- - - -- ' (Seal)
ROSALBA RUIZ
Commission ri 1934761
Notary Public - California z
Orange County
My Comm, Ex Tres May 2, 2015
ACKNOWLEDGMENT
State of California
County of Orange )
On August 16, 2013
before me, Rosalba Ruiz, Notary Public
(insert name and title of the officer)
personally appeared Todd R. Cottle -------------------------------- -- ----- --------- -------- ---- ---
who proved to me on the basis of satisfactory evidence to be the person(sj whose names) is /are
subscribed to the within instrument and acknowledged to me that he/she" executed the same in
his /la� authorized capacity(i , and that by his /heFAhei signature(s) on the instrument the
personal, or the entity upon behalf of which the persons) 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.
ROSALBA RUIZ
Commission # 1934781
WITNESS my hand and official seal. Nolary - California
range range County
My Comm. Com Eapcee faiay 2, 2015
Signature /� 1: = (Seal)
State of California
County of O
On August 16, 2013
ACKNOWLEDGMENT
before me, Rosalba Ruiz, Notary Public
(insert name and title of the officer)
personally appeared Barry A. Cottle -------------------------------- ------ ---- ---- -- ------ --- ---- --
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are
subscribed to the within instrument and acknowledged to me that he /s"",� executed the same in
his /tae4t4& authorized capacity(ies), and that by his /her/thei;: signature(e) 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.
Signature
(Seal)
ROSALBA RUIZ
Commission # 1934791
° -� Notary Public - California z
= e. Orange County m
My Comm. Expires May 2., 2015+
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Orange, City of Santa
Ana, and described as follows:
Parcel 1:
A portion of Lots N and 0 of Dresser Tract, in the City of Santa Ana, County of Orange, State of
California, as shown on a map recorded in Book 12, Page 83 of Miscellaneous Maps, of Los Angeles
County, California, described as follows:
Beginning at a point in the North line of Washington Avenue, which is 155 East of the intersection
of the North line of said Washington Avenue with the East line of that certain 12 foot alley or
Street deeded to the City of Santa Ana, By deed recorded Octoberl5, 1913 in Book 234. Page 294 of
Deeds; thence running Northerly parallel to said Alley or Street a distance of 126 feet; thence
Westerly parallel to the North line of said Washington Avenue a distance of 47 -2/3 feet, thence
southerly parallel to said Alley a distance of 126 feet; thence Easterly along the North line of said
Washington Avenue a distance of 47 -2/3 feet to the point of beginning.
Parcel 2:
A portion of the Easterly 38.17 feet of Lot Eleven of the Blodget and Billings addition of Santa Ana,
in the city of Santa Ana, county of Orange, State of California, as shown on a map recorded in
Book 22, Page 64 of Miscellaneous records of Los Angeles County, California, together with a
portion of Lots N and 0 of the Dresser Tract as shown on a map recorded in book 12, Page 83 of
Miscellaneous records of Los Angeles county, California, bounded and described as a whole as
follows:
Beginning at a point in the Easterly line of certain 12 foot alley conveyed to the City of Santa Ana
by deed recorded Octoberl5, 1913 in Book 234 page 294 of Deeds, which point is 176 feet North of
the intersection of the East line of said alley with the Northerly line of Washington Avenue, and
running thence Easterly parallel with the Northerly line of said Washington Avenue 155 feet; thence
Northerly parallel with the Easterly line of said Alley, 100 feet more or less to the Easterly
extension of the Easterly line of Block Five of the French Street Tract as shown on a map recorded
in Book 4, Page 45 of Miscellaneous Maps, records of Orange County, California; thence Westerly
along said Southerly line of Block Five and the Easterly and Westerly extensions thereof to the
Easterly line of the 12 foot alley above mentioned; thence Southerly along the Easterly line of said
alley 100 feet, more or less, to the point of beginning.
Parcel 3:
Those portions of Los Eleven and Twelve of Blodget and Billings Addition to Santa Ana, in the City
of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 22 Page 64
of Miscellaneous Records of Los Angeles County, California, together with portions of Lots N and 0
of the Dresser Tract, as shown on a map recorded in Book 12, Page 83 of Miscellaneous Records of
Los Angeles County, California all bounded and described as a whole as follows:
Beginning at the point of intersection of the Northerly line of Washington Avenue with the Easterly
line of that certain 12 foot alley described in the deed to the City of Santa Ana, recorded October 5,
1913, in Book 234, Page 294 of Deeds, records of Orange County, California; thence Northerly along
the Easterly line of said Alley, 176 feet; thence Easterly, parallel with said Northerly line of
Washington Avenue, 155 feet; thence Southerly, parallel with said Easterly line of said alley, 50 feet;
thence Westerly parallel with said Northerly line of Washington Avenue, 47 -2/3 feet; thence
Southerly parallel with said Easterly line of said alley, 126 feet of said Northerly line of Washington
Avenue, thence Westerly along said Northerly line of Washington Avenue, 107 -1/3 feet to the point
of beginning
APN: 398 - 151 -11 & 398 - 151 -12