RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Centennial
21058 Pacific Coast Highway Suite M220
Huntington Beach, CA 92648
Attention: Jeff Miyaoka, CRX, CSM
(Space Above For Recorder's Use)
FIRST AMENDMENT TO PACIFIC CITY MASTER DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS FIRST AMENDMENT TO PACIFIC CITY MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("First Amendment") is made by and among DCO Pacific City LLC, a Delaware limited liability company, successor-in-interest to 21002 HB, LLC ("21002 HB"), a Delaware limited liability company ("DCO Pacific City"), PC Group Retail, LI.C, a California limited liability company ("PC Group Retail"), and Pacific City Hotel, LLC, a Delaware limited liability company ("Pacific City Hotel"), with reference to the following facts:
On or about November 20, 2012, 21002 HB, as "Declarant," executed that certain Pacific City Master Declaration of Covenants, Conditions and Restrictions, which was recorded on November 20, 2013, as Instrument No. 2012000716927 of the Official Records of the Orange County Recorder (the "Master CC&Rs"), with respect to the real property located in the City of Huntington Beach, County of Orange, State of California, designated in the Master CC&Rs as the "Property," and legally described in Exhibit "A" thereof as:
Lots 1 through 3 inclusive of Tract No. 16338, on file in Book 893, Pages 7 through 12, inclusive, of Maps, Records of Orange County, California.
B. Exhibit "A" of the Master CC&Rs includes a depiction of the Property, including the original boundary lines of Lots 1 through 3 of said Tract No. 16338. On November 26, 2013, Lot Line Adjustment No. 2013-002 was recorded, as Instrument No. 2013-647256 of Official Records of the Orange County Recorder (the "Lot Line Adjustment"), which changed the boundary line between Lots 2 and 3 of said Tract No. 16338.
C. Exhibit "B" of the Master CC&Rs depicts, among other things, the areas contemplated to be installed and/or maintained by each respective "Owner" (as defined in the final development plans". In connection with the completion of the "Project" (as defined in the Master CC&Rs), updated versions of the documents in Exhibit "B" have been prepared that reflect the final development plans.
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D. As of the date hereof, (i) DCO Pacific City is the owner of Lot 1 of said Tract No. 16338, (ii) PC Group Retail is the owner of Lot 2 of said Tract No. 16338, as modified by the Lot Line Adjustment, and (iii) Pacific City Hotel is the owner of Lot 3 of said Tract No. 16338, as modified by the Lot Line Adjustment.
Concurrently herewith, DCO Pacific City, PC Group Retail, Pacific City Hotel, and the City of Huntington Beach ("City") are entering into a First Amendment to Amended and Restated License and Maintenance Agreement, for purposes of updating and replacing Exhibit "A" to that certain Amended and Restated License and Maintenance Agreement entered into by and among DCO Pacific City, PC Group, and the City and recorded December 23, 2013, as Instrument No. 2013000703086 of Official Records of the Orange County Recorder, to reflect the as-built plans for the Project (the "Amended and Restated L&M Agreement"). By its terms, the Amended and Restated L&M Agreement amended and replaced, in its entirety, the "License and Maintenance Agreement" (as defined in the Master CC&Rs).
F. The parties now wish to amend the Master CC&Rs to (i) clarify that the term "License and Maintenance Agreement" refers to the Amended and Restated L&M Agreement, and any amendments thereto, (ii) clarify that the term "Map" refers to the Property, as modified by the Lot Line Adjustment, (iii) replace the depiction of the Property in Exhibit "A", in order to more accurately reflect the current boundary lines between Lots 2 and 3 of said Tract No. 16388, and (iv) replace Exhibit "B", in order to more accurately reflect the final development plans.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto amend the Agreement as follows:
Section 1. The Master CC&Rs are hereby modified to provide that the term "License and Maintenance Agreement" refers to that certain Amended and Restated License and Maintenance Agreement recorded in the Official Records of Orange County on December 23, 2013, as Instrument No. 2013000703086, as amended from time to time with City approval.
Section 2. The Master CC&Rs are hereby modified to provide that the term "Map" refers to Tract No. 16338 recorded in the Official Records of Orange County on August 30, 2007, as Instrument No. 20070005388266, as modified by Lot Line Adjustment No. 2013-002, recorded in the Official Records of Orange County on November 26, 2013, as Instrument No. 2013-647256.
Section 3. The depiction of the Property in Exhibit "A" attached to the Master CC&Rs is replaced with the updated depiction in Exhibit "A" attached hereto and incorporated herein by this reference.
Section 4. Exhibit "B" attached to the Master CC&Rs is replaced with the updated Exhibit "B" attached hereto and incorporated herein by this reference.
Section S. Except for the modifications expressly made by the terms of this First Amendment, all terms, conditions, obligations and provisions of the Master CC&Rs shall remain unchanged and in full force and effect.
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IN WITNESS WHEREOF, this First Amendment has been executed by the parties hereto on JANUARY 10, 2021.
2022
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:
PACIFIC CITY HOTEL, LLC,
a California limited liability company
By:
Name:
Title:
MICHAEL E. GATES
CITY ATTORNEY
CITV OF HUNTINGTON BEACH
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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: AUTDORIZED SIGNER
PACIFIC CITY HOTEL, LLC,
a California limited liability company
By:
Name:
Title:
APPROVED AS TO FORM
CITY OF HUNTINGTON BEACH
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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:
Title:
PACIFIC CITY HOTEL, LLC,
a California limited liability company
By:
Name:.
Title:
APPROVED AS TO FORM
By:_
1 MICHAEL E. GATE
CITY ATTORNE
CITY OF HUNTINGTON BEACH
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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, 2021, before me, Ashli Gwynn Pyles, personally appeared Harry G.
Alcock, Authorized Agent of DCO Realty, Inc., the Sole Member of DCO Pacific City LLC, who roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar ubscribed to the within instrument and acknowledged to me that he/she/they executed the sam 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.
Sie Ashli Guynn Bles
Signature of Notary Public
(Seal)
ASHLI GWYNN PYLES
Notary Public
State of Colorado
Notary ID # 20184031715
My Commission Expires 08-08-2022
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individual who signed the document to which this certificate is attached, and not the truthfulness, A Notary Public or other officer completing this certificate verifies only the identity of the accuracy, or validity of that document.
State of California )
County of Orange Sau francisco
Alan leone
On_ 4/12/2022 _ before me,
Anushka Sile name and it of the fierc
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are Notary Public, personally appeared 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
San Francisco County
WITNESS my hand and official seal.
Commission # 2239177|
My Comm. Expires May 19, 2022
(Seal)
Signature_
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individual who signed the document to which this certificate is attached, and not the truthfulness, A Notary Public or other officer completing this certificate verifies only the identity of the accuracy, or validity of that document.
State of California
County of Orange
On December 4,2021_, before me, Malinda Sterbling
(insert name and title of the officer)
Notary Public, personally appeared Pau/ J. Mccarnick
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.
(Seal)
sienture Maliida setting
MALINDA STERLING
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 tile 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)
882/029960-0003
16932984 2 a10/21/21
individual who signed the document to which this certificate is attached, and not the truthfulness, A Notary Public or other officer completing this certificate verifies only the identity of the accuracy, or validity of that document.
State of California
County of Orange
, before me,
On (insert name and title of the officer)
ubscribed to the within instrument and acknowledged to me that he/she/they executed the sam ho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar 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 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 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)
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.
(Seal)
Signature
... ..
:
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EXHIBIT "A"
Replacement Exhibit "A" Depiction of Property
(See following page)
882/029960-0003 EXHIBIT "A"
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EXHIBIT "A*
PACIFIC CITY - HUNTINGTON BEACH
LANTA, AVENUE
-PEDESTRIAN EASEMENT CORRIDOR TR 16338
LOT 1
-ACCESS EASEMENT PEDESTRIAN EASEMENT
CORRIDOR
IRST FLUSH STORM WATER
WATER TREATMENT -DETENTION
CONTROL SYSTEM, STRUCTURE
HUNTINGTON STREE
-PARK
EASEMENT
VILLAGE GREEN
PARK
-PEDESTRIAN
-PEDESTRIN EASEMENT
EASEMENT CORRIDOR
CORRIDOR
LOT 2
PEDESTRIAN-
EASEMENT
CORRIDOR
TR 16338
-PEDESTRIAN• L-FIRE
EASEMENT TURNAROUND
CORRIDOR EASEMENT
LOT 3
PACIFC COAST HIGHWAY
FIRST FLUSH
NATER TREATMENT-
CONTROL SYSTEM
882/029960-0003 EXHIBIT "A"
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EXHIBIT "B"
Replacement Exhibit "B»
(See following page)
882/029960-0003 EXHIBIT "B"
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SHEET 1OF7
EXHIBIT "B
AREAS TO BE INSTALLED AND MAINTAINED BY THE RESIDENTIAL PARCEL OWNER
ONE NANCE ATLANTA AVENUE
•2
16.5 10* MIN.
TR 16338
LOT 1
12. 16.5'
HUNTINGTON
12 15'
LOT 2
12'
TR 16338/ LOT 3
LEGEND
PEOESTRIAN EASEMENT CORRIDOR
SIDEWAN, PARKWAY LANDSCARED ROSEN HTING
EXHIBIT "B"
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SHEET 2 OF 7
EXHIBIT "B"
AREAS TO BE INSTALLED AND MAINTAINED BY THE RETAIL PARCEL OWNER ATLANTA AVENUE.
TR 16338
LOT 1
HUNTRNIGTON STREE
- ENHANCED OUTRANS RAN -SIDEWALK & LANDSO
CROSSHAK 12. PACEC VEN
LOT 2
TR 16338
LOT 3
PACIFIC COAST HIGHNAY
LEGEND
PEDESTRIAN EASEMENT CORRIDOR
LANDSCAPED MEDIANS, ENHANCED CROSSWALK, SIDEWALK
PARKWAY LANDSCAPING, & STREET LIGHTING
PLotTED in Antendo Coppola
EXHIBIT "B"
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SHEET 3 OF7
EXHIBIT "B"
AREAS TO BE INSTALLED AND MAINTAINED BY THE HOTEL PARCEL OWNER TR 16338
LOT1
PACINC WEW AVENUE
LOT 2
TR 16338
PACIFIC COAST HIGHNAY SIDEWALK di
LANDSCAPING
LOT 3
LEGEND
PEDESTRIAN EASEMENT CORRIDOR
LANDSCAPED MEDIANS, DECORATIVE PAVEMENT, SIDEWALK,
PARKWAY LANDSCAPING & STREET LIGHTING
EXHIBIT "B"
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SHEET 4 OF 7
EXHIBIT "B"
AREAS TO BE MAINTAINED BY THE RESIDENTIAL PARCEL OWNER
ATLANTA AVENUE
TR 16338
LOT 1
HUNTNGTON STREET
PACIFIC VIEW AVENUE
LOT2
TR 1633฿
PAGIC COAST HECHRAY LOT 3
LEGEND
LANDSCAPED MEDIANS & DECOKATIVE PAVEMENT
EXHIBIT"
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SHEET 5 OF7
EXHIBIT "В"
PROST SIDE
WEST, R/W
95"
€ CONST. 1
VARIES 47.5 1 20' PEDESTRIAN
28' MAINTENANCE
AREA
8' SIDEWALK
SECTION 1 • 1
FIRST STREET
PACIFIC VIEW AVENUE TO ATLANTA AVENUE
(PUBLIC STREET
NTS
WEST, R/W 95"
€, CONST.
VARIES 47.5
13,5. MAINTENANCE
"AREA
5,5" PEDESTRAN
EASEMENT
PERA ERE: 33
SECTION 1A • 1A
FIRST STREET
PACIFIC COAST HIGHWAY TO PACIFIC VIEW AENUE
(PUBLIC STREET
Portits on Ananda Copposa
EXHIBIT "B"
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SHEET GOF 7
EXHIBIT "B"
ROJECT SI
JUTH R/
NORTH R/W
VARIES-90" MIN.
45' VARIES-45' MIN.
10' MANTEM NOE AREA.
A SENION AVENUE
WEST OF HUNTINGTON STREET
(PUBLIC STREET)
NTS
PROST T EAST R/W
30°
PEDESTRA 5AGMENT
1101a
MAINTENANCE AR
RIES 121-16
L HO SIDEWALK
' MEANDERING...
SIDEWALI
SECTION 3 • 3
HUNTINGTON STREET
FROM PACIFIC VIEW AVE TO ATLANTA AVE
(PUBLIC STREET)
NTS
EXHIBIT "B"
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SHEET 70F7
EXHIBIT *B*
ROJECT SIDi
EAST R/W
40° 40°
8' MAINTENANCE AREA
B' SIDEWAL..!
HUNFNGTOŃ STRET
FROM FACINIC COAST HICHWAY TO PACIFIC VIEW AVE.
(PUBLIC STREET)
NTS
EXHIBIT "B"
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