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HomeMy WebLinkAboutHERITAGE VILLAGE LLC (3)-2017N-2016-097-01 (4bore Space for Recorder's Use Only) �"'1 FIRST AMENDMENT TO LIEN AGREEMENT G� THIS FIRST AMENDMENT TO LIEN AGREEMENT (`Lien Agreement I" Amendment") is entered into this 10 day of May 2017, by and among the City of Santa Ana, a charter city and municipal corporation duly organized under the laws of the State of California ('City") and Heritage Village OC LLC, a Delaware limited liability company (`Owner"). RECITALS A. Owner and City executed a Lien Agreement dated June 29, 2016, recorded July 22, 2016, as Instrument Number 2016000336219, of Official Records of Orange County, California, as security for recordation of a Final Map for Vesting Tentative Tract Map No. 2015-03 (County Map No. 17962) referred to herein as "Map," pursuant to the provisions of Government Code Section 66499 (a)(4). B. Pursuant to the Lien Agreement, the Owner granted to City, in accordance with the terms and conditions of the Lien Agreement, a lien upon the property (`Property") included within the boundaries of the Final Map, as security for construction of the improvements (`Improvements") specified in Exhibit "B" of the Lien Agreement. C. The Final Map has been recorded and the Lien Agreement is still in full force and effect. D. One of the Lots created by recordation of the Final Map, Lot 4, houses an existing industrial tenant and will not be used to develop any of the development authorized by the City for the Property. E. City and Owner have agreed to remove Lot 4 from Property covered by the Lien Agreement. 1147-1 o voc 37'_942-OuuuSri-n-17/wrd/wrd RECORDED AS A BENEFIT TO ._ THE CITY OF SANTA ANA ® N WHEN RECORDED RETURN TO: ,`; S City of Santa Ana Q 7 Clerk of the Council 20 Civic Center Plaza (N[-30) Santa Ana, CA 92701 N-2016-097-01 (4bore Space for Recorder's Use Only) �"'1 FIRST AMENDMENT TO LIEN AGREEMENT G� THIS FIRST AMENDMENT TO LIEN AGREEMENT (`Lien Agreement I" Amendment") is entered into this 10 day of May 2017, by and among the City of Santa Ana, a charter city and municipal corporation duly organized under the laws of the State of California ('City") and Heritage Village OC LLC, a Delaware limited liability company (`Owner"). RECITALS A. Owner and City executed a Lien Agreement dated June 29, 2016, recorded July 22, 2016, as Instrument Number 2016000336219, of Official Records of Orange County, California, as security for recordation of a Final Map for Vesting Tentative Tract Map No. 2015-03 (County Map No. 17962) referred to herein as "Map," pursuant to the provisions of Government Code Section 66499 (a)(4). B. Pursuant to the Lien Agreement, the Owner granted to City, in accordance with the terms and conditions of the Lien Agreement, a lien upon the property (`Property") included within the boundaries of the Final Map, as security for construction of the improvements (`Improvements") specified in Exhibit "B" of the Lien Agreement. C. The Final Map has been recorded and the Lien Agreement is still in full force and effect. D. One of the Lots created by recordation of the Final Map, Lot 4, houses an existing industrial tenant and will not be used to develop any of the development authorized by the City for the Property. E. City and Owner have agreed to remove Lot 4 from Property covered by the Lien Agreement. 1147-1 o voc 37'_942-OuuuSri-n-17/wrd/wrd NOW, THEREFORE, the parties hereby agree to amend the Lien Agreement by deleting the reference to Lot 4 in Exhibit "A" of the Lien Agreement. The legal description in amended Exhibit "A" will now read as follows: ALL OF LOTS 1, 2, 3, A AND B, INCLUSIVE, AS SHOWN IN TENTATIVE AND FINAL TRACT MAP NUMBER 17962 (CITY TRACT MAP NUMBER 2015-03), IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first hereinabove written. "OWNER" Heritage Vil e OC L a Delaware limited liability company By: Nam Q G C HCtSrnCtrU Title: Authorized Party ATTEST: Maria D. Huizar, Cler e'�f the Council APPROVED AS TO FORM: Sonia Carvalho, City Attorney r By: Lisa Storcic, Asst. City Attorney I14722U)I,0C 392942-10Wg5/5-8-17lw,d,w,d -2- CITY OF SANTA ANA Cynthia J./ urtz, Interim City Manager 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 n )tC?j n CC ) On I �7 2� (l before me, tJ l F (am 2 n c d (insist name of nota p) Notary Public, personally appeared �(llrC- �Glsi /yCdrk-./ 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. r- RUTH KNEW WITNESS m hand and official seal. Omnmp11og#3Di710 y xanMango • m. Oun0�6awMgy �� M mmfx OO. flog Jin 9, 2020 Signature ��o (Seal) 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 On before me, (insert name of notary) Notary Public, personally appeared 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 seat. (Seal) 1147221 01 OC 3]20;�_�7ppn5; 5 -A -I AwrNwcd -3- A T r Al len Matkins Leek. Gamble Mallory & Natsis LLP Allen \ atl6nC Attorneys at tree i1V11 1 v i 1 �7 1900 Main Street, 5"' floor I Irvine, CA 92614-7321 Telephone: 949.553, 13131 Facsimile. 949,553.8354 www, allenmatkins.com William R. Devine E-mail: wdevine©allenmatkins.cam Direct Dial: 949,851.5412 File Number 372942-00005/CCI 1486 LII Via FedEx May 15, 2017 Lisa Storck, Esq. Assistant City Attorney City of Santa Ana 20 Civic Center Plaza, M-29 Santa Ana, CA 92702 Re: First Amendment to Lien Agreement Dear Lisa: Enclosed is the original First Amendment to Lien Agreement. This document has been executed by our client Heritage Village OC, LLC. Please obtain the necessary signatures for the City of Santa Ana, record this document with the Orange County Recorder's office and provide our office with a conformed copy of the recorded document. WRD:nc Enclosure Very truly yours, William R. Devine Los Angeles I Orange County I San Diego I Century City I San Francisco