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JULIE RODE-~fALD
~.. San Luis Obisp~unty-ClerklRecorder
flecorded at the request of
Public
RECORDING REQUESTED BY AND
WHEN RECORDED RETIRN TO:
CITY OF ARROYO GRANDE
CITY CLERK'S OFFICE
P.O. BOX 550
ARROYO GRANDE, CA 93421
IIIII~IIIIIV~IIII
SPACE ABOVE RESERVED FOR
THIRD AMENDMENT TO AFFORDABLE HOUSING AGREEMENT
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rases: 1 Pages: 5
Fees 20.00
Taxes 0.00
Others 0.00
PAID $20.00
This Third Amendment to Affordable Housing Agreement ("Third Amendment") is made
and entered into this Is` day of .1~~--y 2008, 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 on July 23 2007 the City recorded an Amendment to Affordable Housing
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Agreement (the "First Amendment"), as document #2007049731 which amended
Exhibit "A" of the Affordable Housing Agreement and specifically designated the fifteen
(15) required Affordable Units within Tract 2616; and
~.. .,.
WHEREAS, at the request of Developer, on September 14, 2007, the City recorded a
Second Amendment to Affordable Housing Agreement (the "Second Amendment"), as
document #2007062064 which amended Exhibit "A" of the First Amendment;
WHEREAS, at the request of Developer, it is the intention of the Parties by this Third
Amendment, to further amend the Agreement to change two of the fifteen (15)
designated Affordable Units of Tract 2616 described in Exhibit "A" of the Second
Amendment, specifically, to replace Unit 52 with Unit 1 and Unit 44 with 27.
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 previously amended by the First Amendment
and the Second Amendment, is hereby further amended and replaced in its
entirety with 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 Third Amendment to Affordable Housing Agreement has
been duly executed by the undersigned as of the date first set forth above.
CITY OF ARROYO GRANDE:
STEVEN ADAMS, City Manager
OCEAN OAKS, LLC:
By: OCEAN OAKS BUILDERS, INC.
Its: Manager
By.
~+g-FEs-Rfesident
-1~v.~Y K - G ako~tz , c=F~
APPROVED AS TO FORM AND LEGAL
EFFECT:
~~
ZI D IyF CASHA, Deputy City Attorney
,..
EXHIBIT "A"
Affordable Units
Airspace Envelopes Numbers 1, 2, 12, 13, 16, 17, 21, 24, 25, 27, 28, 41, 45, 49, 53 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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ' 1' l
County of SG/1 ~,~t.i-5 (Jh~ J} .t
On ~ U ~ before me, t'~Scrn ~iJRrn P,.~~IC ,
Data Here InseriMame and Ttlle M e Olfner
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personally appeared
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AMY J. OL$ON
CommNNon s f 7061!2
Notary Publlo • Callfornla
Sarluk Obbpo County
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Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(+A whose name(pi is/are subscribed to the
within instrument and acknowledged to me that
he/SkW'tx+eq executed the same in his/Pic~4keA authorized
capaciiy(lE~j, and that by his/It@f7[taeir signature(s) on the
instrument the person(33, or the entity upon behalf of
which the person(ty 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 han officia se
Signature r
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OPTIONAL
Though the information below is not required 6y law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment o/ this form to another document.
Description of Attached Documen
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Title or Type of Document:
Document Date: ~/~1 ~Ub
Signer(s) O[her Than Named Above: '~~
Capacity(ies) Claimed by Signer(s)
Signer's Name: ,~e't'~ K- G~w~
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^ Guardian or Conservator
^ Other:
Syy'~~ner Is ggpre enting:
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Number of Pages:
Signer's Name:
^ Individual
^ Corporate Officer -Title(s):
^ Partner - ^ Limited ^ General _ _
^Attorneyin Fact • -
^ Trustee Top of thumb here
^ Guardian or Conservator
^ Other:
Signerls Representing:
®2001 National Ndary Assodetpn• 9350 De Soto Ave., P.O. Boz 2402 •Chalevrorih, CA 913132402• www.NatlonalNdary.org Item M590] Reorder: CaIITdFFrea 1400.8]6682]
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' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California"^ ~' // ~
County of ~~v l~IS 7P,~SPa
On 7 ~ ~-O ~l before me, 1~Q ~ ~y l~"~'~'lt , ~d ~Ri'~ P 6 /1 L ,
Date ^ _ Here Insert Name ne Ttle of the ORi r
personally appeared
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Place Notary Seal Above
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who proved to me on the basis of satisfactory evidence to
be the persons} whose name(s) is/are-subscribed to the
within instrument and acknowledged to me that
he/sraefNiey executed the same in his/kterli4ieir authorized
capacity(ies} and that by his/turttlaeir signature( on the
instrument the person(s}, 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.
WITNESS my han a d official seal.
r
Signature
Signa re of Lary Public
OPTIONAL
Though the in/ormation 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 /orm 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 Top of mumb Here
^ Guardian or Coi
^ Other:
Signer Is
Individual
Number of Pages:
^ Corporate Officer-Title(s):
^ Partner - ^ Limited ^ General
^ Attorneyin Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
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Top of thumb here
®20W Nafional Notary ASSOCiaM1On•9350 De Soto AVe.,P.O. BOx 2402•ChatSworlh, CA 913132402•www.NationalNOtaryorg Item N5901 Reortler:Call Tdl-Free 1-800-8]F682]
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