RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Exempt from recording fee pursuant to Government Code Section 27383.
FIRST AMENDMENT TO AMENDED AND RESTATED
LICENSE AND MAINTENANCE AGREEMENT
THIS FIRST AMENDMENT TO AMENDED AND RESTATED LICENSE AND MAINTENANCE AGREEMENT ("First Amendment") is made by and between DCO Pacific City LLC, a Delaware limited liability company, successor-in-interest to 21002 HB, LLC, a Delaware limited liability company ("DCO Pacific City"), PC Group Retail, LLC, a California limited liability company ("PC Group Retail"), Pacific City Hotel, LLC, a Delaware limited liability company ("Pacific City Hotel"), and the City of Huntington Beach, a municipal corporation of the state of California ("City"), with reference to the following facts:
DCO Pacific City is the owner of that certain real property (the "Residential Property") situated in the City of Huntington Beach, County of Orange, State of California, described as Lot 1 of Tract No. 16338, as shown on a Subdivision Map recorded in Book 893, Pages 7 through 12, inclusive, of Miscellaneous Maps, in the Office of the County Recorder for the County of Orange, State of California (the "Tract Map").
PC Group Retail is the owner of that certain real property (the "Commercial Property") described as Lot 2 of the Tract Map, as modified by that certain Lot Line Adjustment No. 2013-002 recorded November 26, 2013, as Instrument No. 2013-647256 of Official Records of Orange County, California.
C. Pacific City Hotel is the owner of that certain real property (the "Hotel Property") described as Lot 3 of the Tract Map, as modified by that certain Lot Line Adjustment No. 2013- 002 recorded November 26, 2013, as Instrument No. 2013-647256 of Official Records of Orange County, California.
D. On or about December 16, 2013, DCO Pacific City, PC Group Retail, and the City entered into the Amended and Restated License and Maintenance Agreement, which was recorded December 23, 2013 as Instrument No. 2013000703086 of the Official Records of the Orange County Recorder (the "Agreement").
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E. Subsequent to the Agreement, Pacific City Hotel acquired the Hotel Property from PC Group Retail, and thus was assigned and assumed rights and obligations under the Agreement with respect to such property.
F. The Agreement includes an Exhibit "A" depicting Maintenance Areas subject to the Agreement, which exhibit notes that it is for illustrative purposes only and that the as-built conditions will prevail.
G. The parties wish to amend the Agreement to replace Exhibit "A", in order to more accurately reflect the as-built conditions.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto amend the Agreement as follows:
Section 1. Exhibit "A" attached to the Agreement is replaced with the updated Exhibit "A" attached hereto.
Section 2. Except for the modifications expressly made by the terms of this First Amendment, all terms, conditions, obligations and provisions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, this First Amendment has been executed by the parties hereto on JANUARY 10, 2027?
DCO PACIFIC CITY LLC,
a Delaware limited liability company
By: DCO REALTY, INC.,
a Delaware/corporation, its Sole Member
By:
Name: Harry G. Alcock
Title: Authorized Agent
PC GROUP RETAIL, LLC,
a California limited liability company
By:.
Name:
Title:
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E. Subsequent to the Agreement, Pacific City Hotel acquired the Hotel Property from PC Group Retail, and thus was assigned and assumed rights and obligations under the Agreement with respect to such property.
F. The Agreement includes an Exhibit "A" depicting Maintenance Areas subject to the Agreement, which exhibit notes that it is for illustrative purposes only and that the as-built conditions will prevail.
G. The parties wish to amend the Agreement to replace Exhibit "A", in order to more accurately reflect the as-built conditions.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto amend the Agreement as follows:
Section 1. Exhibit "A" attached to the Agreement is replaced with the updated Exhibit "A" attached hereto.
Section 2. Except for the modifications expressly made by the terms of this First Amendment, all terms, conditions, obligations and provisions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, this First Amendment has been executed by the parties hereto on , 2021.
DCO PACIFIC CITY LLC,
a Delaware limited liability company
By: DCO REALTY, INC.,
a Delaware corporation, its Sole Member
By: _
Name:
Title:
PC GROUP RETAIL, LLC,
a California limited liability company
By: _
Name: ANUSHKA SILVA
Title: AUTHORIZED SIGNER
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PACIFIC CITY HOTEL, LLC,
a California limited liability company
By: _
Name: Grin
Title: PResident COO
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
By:
Name:
Title: City Manager
APPROVED AS TO FORM
By:
Name
Title: City Attorney Mu
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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 COLORADO
COUNTY OF DOUGLAS )
On Janvary 10 _ 2027, before me, Ashli Gwynn Pyles, personally appeared Harry G. 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 Colorado that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
(Seal)
ASHLI GWYNN PYLES
Notary Public
State of Colorado
Notary ID # 20184031715
My Commission Expires 0808-022
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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
County of Orange San Francisco )
Alem lone
On _ 4/12|2022 _ before me, insert name and title of the officer Notary Public, personally appeared Anushka
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.
ALAN LEONG
Notary Public - California
WITNESS my hand and official seal. San Francisco County Commission # 2239177
My Comm. Expires May 19, 2022
Signature. (Seal)
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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
County of Orange
On December le, 2021, before me, Malinda Sterbling
(insert name and title of the officer
Notary Public, personally appeared Paul V: Mccormick
subscribed to the within instrument and acknowledged to me that he/she/they executed the same who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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.
signare Malinda teshley (Seal)
MALINDA STERBLING
Notary Public - California
Orange County
Commission # 2259032
My Comm. Expires Sep 21, 2022
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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 )
County of Orange )
On _ before me,
(insert name and title of the officer)
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.
(Seal)
Signature
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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
County of Orange
On _ before me, -
(insert name and title of the officer)
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.
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)
2091/029960-0003
-6-
16501502 510/21/21
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 Orange
On , before me,
(insert name and title of the officer)
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)
2091/029960-0003 -7-
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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 )
County of Orange )
On _ before me,
(insert name and title of the officer)
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.
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)
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-8-
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EXHIBIT "A"
MAINTENANCE LICENSE AGREEMENT
PACIFIC CITY - HUNTINGTON BEACH
MEDIAN ISLANDS
(TYPICAL)
ATLANTA, AVENUE
THENUE
ENHANCED CROSSWALK EDIAN ISLAN
YPICA
-PEDESTRIAN EASEMENT CORRIDOR TR 16338
MEDIAN ISLANDS
(TYPICAL) LOT 1
-ACCESS EASEMENT PEDESTRIAN EASEMENT-
CORRIDOR
FIRST FLUSH STREET
STORM WATER
WATER TREATMENT
-DETENTION
CONTROL SYSTEM, STRUCTURE
-PARK
EASEMENT
PARKWAYS
VILLAGE GREEN
-ENHANCED CROSSWALK
PARK
ENHANCEL
DESTIN PAVEMENT. -PEDESTRIAN
EASEVENT EASEMENT
CORRIDOR MEOWN ISLANDS. CORRIDOR
(TYPICAL)
-ENHANCEO PAVEMENT
LOT 2
STREET LIGHTING- •PEDESTRIAN-
(TYPICAL EASEMENT
PARKIYAYS CORRIDOR
TR 16338
MAINTENANGE AREAS INCLUDE ENHANCED PAVEMENT -PEDESTRIAN- -FIRE
ENHANCED CROSSWALKS EASEMENT TURNAROUND
VILLAGE GREEN PARK CORRIDOR EASEMENT
PEDESTRIAN EASEMENT CORRIDORS
FIRE TURNAROUND EASEMENT LOT 3
SIDEWALK & PARKWAY LANDSCAPING PACIFIC COAST HIGHNAY
MEDIANS AND LANDSCAPING WITHIN MEDIANS
STREET FURNITURE WITHIN RIGHT OF WAY FIRST FLUSH
EASEMENT CORRIDORS WATER TREATMENT../
AWNINGS & RAILINGS WHIN RIGHT OF WAY & CONTROL SYSTEM
EASEMENT CORRIDORS MEDIAN ISLANDS-
FIRST FLUSH WATER RUNOFF TREATMENT SYSTEM
(TYPIGAL)
MEDIANS WITHIN PACIFIC COAST HIGHWAY ARE NOT INCLUDED IN THE MAINTENANCE PLOTTED It Amando Coppola CATEd Feb. 19, 2010 05:03:58 AM ALE L\ PostfieCil Exhibie Exh CORVEt 100g 2091/029960-0003 -9-
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