HomeMy WebLinkAboutOcean Oaks LLC (3)JULIE RODEW~LD
` ~,,, San Luis Obispo try-Clerk/RecoMer
flecorded at the request of
First American Title Company
RECORDLtiG REQL`ESTED BY:
ITRST.~1YfERiCA\ TITLE C03'II'~\'Y
WHEN RECORDED RETIRN TO:
CITY OF ARROYO GRANDE
CITY CLERK'S OFFICE
P.O. BOX 550
ARROYO GRANDE, CA 93421
IIIIIIIIII~II~II
MEL
9/14/2A07
11:33 AM
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SECOND AMENDMENT TO AFFORDABLE HOUSING AGREEMENT
This Second Amendment to Affordable Housing Agreement ("Second Amendment") is
made and entered into this 13 day of September 2007, by and between the CITY OF
ARROYO GRANDE, a municipal corporation ("City"), and Ocean Oaks LLC, a California
limited liability company, with offices at 191 S. Oak Park Blvd., Suite 10, Grover Beach
CA 93433 ("Developer"). The City and Developer are sometimes referred to herein as
the "Parties".
WHEREAS, Developer is the owner and developer of real property located within the
City of Arroyo Grande commonly referred to as Tract 2616, recorded July 19, 2005 in
Book 26, Pages 81 and 82 of Maps; (the "Property"); and
WHEREAS, Developer has constructed sixty (60) residential condominium units and
associated common area improvements, (the "Project"), on the above-described
Property; and
WHEREAS, the Project is required to include six (6) low-income and nine (9) moderate-
income affordable housing unit(s) for senior citizens (collectively, "Affordable Units"),
pursuant to the Conditions of Approval for Conditional Use Permit No. 01-010 and
Tentative Tract Map No. 2616; and
WHEREAS, on March 22, 2007 the City recorded an Affordable Housing Agreement
(the "Agreement") on the Property as document #2007019176 consistent with the
requirements of Condition of Approval Number 19 of Resolution No. 3765; and
WHEREAS, the Agreement mistakenly designated all sixty (60) condominium air space
units within Tract 2616 as Affordable Units; and
WHEREAS, on July 23, 2007, the City recorded an Amendment to Affordable Housing
Agreement (the "First Amendment"), as document #2007049731 which amended
Exhibit "A° of the Affordable Housing Agreement and designated fifteen (15) Affordable
Units; and
.~
WHEREAS, it is the intention of the Parties by this Second Amendment, to further
amend the Affordable Housing Agreement to change the fifteen (15) designated
Affordable Units of Tract 2616 described in Exhibit "A" of the First Amendment.
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the Parties agree as follows:
1. Exhibit "A" of the Agreement, as amended by the First Amendment, is hereby
further amended and replaced in its entirety by Exhibit "A" attached hereto and
incorporated herein by this reference.
2. Except as modified herein, all other terms and conditions of the Affordable
Housing Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Second Amendment has been duly executed by the
undersigned as of the date first set forth above.
CITY OF ARROYO GRANDE:
STEd N ADAMS, City Manager
OCEAN OAKS, LLC:
By: OCEAN OAKS BUILDERS, INC.
Its: Manager
By: ~r ~
Gary L. u , It r dent
APPROVED AS TO FORM AND LEGAL
EFFECT:
~/~-- ~~
TIM THY MEL, City Attorney
...
EXHIBIT "A"
AIRSPACE ENVELOPES NUMBERS 2, 12, 15, 16, 17, 21, 23, 24, 25, 28, 41, 44, 45, 49, 52
OF TRACT 2616, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, AS SHOWN AND PARTICULARLY DESCRIBED ON THE FIRST
AMENDED CONDOMINIUM PLAN FOR TRACT 2616, RECORDED JANUARY 11, 2007 AS
INSTRUMENT NO. 2007-002198 OF OFFICIAL RECORDS.
~...
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sifts i~S Q~(s~ ss
On "t' ~ 3-O') ,before me, K~L~Y Lt1~'"TMO2E~NDt1`1~ ~( puru.t G,
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capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
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acted, executed the instrument.
WITNESS my and and /ofAfici seal.
VU
Sgnatu of Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document n C
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Count of ~.X/n L11ts (Jb>rf/10 ss.
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to be the person( whose name( is/are
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acknowledged to me that he/skekJ•iey executed
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signature(aj on the instrument the person(a'j, or
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WITNESS m and and official seal.
Place Notary Seal Above 'nature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable fo persons relying on the document
and could prevent /raudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: _
Document Date: r7-t3 -U7 Number of Pages:
Signer(s) Other Than Named Above: S7ti°~n lT ttAnrS
Capacity(ies) Claimed by Signer
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Signer Is Representing: VCna n ~4yYS ~J11 ~~~. ~J
®199] National Notary Associatbn • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 590] Reorder Call Tdl-Free 1-800-8]6-fi82]
Title(s): 'Q (PS i ~,Y.Y~7t'
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END OF DOCUMENT