Memorandum of First Amendment to Ground Lease
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Anaheim Housing Authority
201 South Anaheim Boulevard, 10th Floor
Anaheim, California 92805
Attention: Executive Director
This document is exempt from the payment of a
recording fee pursuant to Government Code § 27383.
MEMORANDUM OF FIRST AMENDMENT TO GROUND LEASE
(MANCHESTER ORANGEWOOD)
This MEMORANDUM OF FIRST AMENDMENT TO GROUND LEASE (Manchester Orangewood) (“Memorandum”) is dated as of December [__], 2023 by and between the ANAHEIM HOUSING AUTHORITY, a public body, corporate and politic (“Landlord” or “Authority”), and MANCHESTER HOUSING PARTNERS LP , a California limited partnership (“Tenant” or “Developer”).
RECITALS
A. Authority and Developer entered into that certain Affordable Housing Agreement (Manchester Orangewood) dated as of March 1, 2020 (“Original Agreement”) that relates to the construction, completion, operation and management of a 102-unit affordable housing project now called Finamore Place (“Project”).
B. Pursuant to the Original Agreement, Authority, as Landlord, and Developer, as Tenant, entered into that certain unrecorded Ground Lease (Manchester Orangewood) dated as of March 1, 2020 by which Landlord leased to Tenant, and Tenant hired from Landlord, certain real property as more fully described on Exhibit A attached hereto and incorporated by this reference (“Property”). A Memorandum of Ground Lease (Manchester Orangewood) was recorded in the Official Records, County of Orange, State of California (“Official Records”) on March 19, 2020 as Instrument No. 2020-000125688. The parties also entered into that certain Ground Lease Implementation Agreement (Commercial Component) (“Implementation Agreement”) dated as of May 18, 2023 relating to the implementation, terms and conditions of the Sublessees in occupancy of certain commercial space, onsite parking, and the ingress/egress and circulation within the Project.
The Ground Lease (Manchester Orangewood) together with the Implementation Agreement are referred to herein as the “Original Ground Lease”.
C. Landlord and Tenant entered into that certain First Amendment to Ground Lease (Manchester Orangewood) (“First Amendment to Ground Lease”) dated as of December [__], 2023, to amend the Original Ground Lease, all as more fully set forth therein.
D. Copies of the First Amendment to Ground Lease and Original Ground Lease, including the Implementation Agreement, are available for public inspection at the Authority’s office at 201 South Anaheim Boulevard, 10
th Floor, Anaheim, California.
Memorandum of First Amendment to Ground Lease
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E. The First Amendment to Ground Lease provides that a short form Memorandum of the First Amendment to Ground Lease shall be executed and recorded in the Official Records of Orange County, State of California.
F. Capitalized terms used in this Memorandum of First Amendment to Ground Lease are as defined in the Original Ground Lease unless otherwise defined herein.
NOW, THEREFORE, the Landlord and Tenant agree and certify as follows:
1. Pursuant to the Original Ground Lease, as amended by the First Amendment to Ground Lease, and as defined and described herein and therein, the Authority has caused the amendment of the Authority Other Funds Loan. This Memorandum is not a complete summary of the Original Ground Lease or the First Amendment to Ground Lease and shall not be used to interpret the provisions of the Original Ground Lease or the First Amendment to Ground Lease, or other agreements, amendments and modifications referenced therein.
TENANT:
MANCHESTER HOUSING PARTNERS LP,
a California limited partnership
By: JHC-Manchester LLC
a California limited liability company,
its managing general partner
By: Jamboree Housing Corporation
a California nonprofit public benefit
corporation, its sole member and manager
By:
Michael Massie
Chief Development Officer
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Memorandum of First Amendment to Ground Lease
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[Signatures continue from previous page.]
LANDLORD:
ANAHEIM HOUSING AUTHORITY,
a public body, corporate and politic
By:
Grace Ruiz-Stepter, Executive Director
or Authorized Designee
ATTEST:
THERESA BASS
AUTHORITY SECRETARY
Authority Secretary
or Authorized Designee
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Ryan O. Hodge, Deputy City Attorney
or Authorized Designee
STRADLING YOCCA CARLSON & RAUTH
Housing Authority Special Counsel
Exhibit A
Legal Description
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EXHIBIT A
Legal Description
The Land referred to herein below is situated in the City of Anaheim, County of Orange, State of California, and is described as follows:
PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT NO. LLA-0000786, AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER 06, 2019 AS INSTRUMENT NO. 2019000338189 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCELS 1 AND 2, IN THE - CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 2009 -115 FILED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA ON DECEMBER 23, 2009, IN BOOK 368 OF MAPS, PAGES 25 AND 26.
TOGETHER WITH THAT PORTION OF MANCHESTER AVENUE, VACATED BY RESOLUTION NO. 2009 -127 AS MORE PARTICULARLY DESCRIBED IN THAT CERTAIN ABANDONMENT NO. ABA 2005 -00111 RECORDED JULY 31, 2009 AS INSTRUMENT NO. 2009000413221 OFFICIAL RECORDS OF ORANGE COUNTY LYING NORTHERLY OF SAID PARCEL 1 OF PARCEL MAP NO. 2009-115.
Common Address and Assessor Parcel No.:
915 East Orangewood Avenue, Anaheim, California and APN 083-292-05
Jurat
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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 )
) ss.
COUNTY OF ________________________ )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(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.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
Jurat
4812-4306-3991v5/022620-0108
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 )
) ss.
COUNTY OF ________________________ )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(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.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC