RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Five Points Seniors, L.P.
4 White Cliff
Laguna Niguel, CA 92677
SECOND AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS (the "Amendment") is entered into as of August 19, 2025 by and among the HUNTINGTON BEACH HOUSING AUTHORITY as successor agency to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic organized and existing under the laws of the State of California, ("Authority") the City of Huntington Beach (the "City") and FIVE POINTS SENIORS, L.P., a California limited partnership (the "Developer") and amends that certain Declaration of Covenants, Conditions, and Restrictions dated as of October 20, 1993, and recorded January 10, 1994 in the Orange County Recorder's Office as Document Number 94-0018299, and as previously amended by the First Amendment to the Declaration of Covenants, Conditions, and Restrictions dated June 15, 2020, and recorded June 26, 2020 in the Orange County Recorder's Office as Document No. 2020000298800, by and between the Authority and the Developer (the "Agreement").
WHEREAS, the Agreement concerns that certain real property located in the City of Huntington Beach, County of Orange, State of California as more particularly described on Exhibit A hereto; and
WHEREAS, the affordability set-aside restrictions of the Agreement are due to expire on or about July 30, 2026; and
WHEREAS, it is in the mutual beneficial interests of the Authority, City and the Developer to continue to provide suitable affordable housing to qualifying senior citizens beyond the current expiration date by extending the expiration date of such set-aside restrictions.
WHEREAS, the City's consent is required to amend this Agreement pursuant to Section 9.a of the Agreement.
NOW, THEREFORE, for good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
Section 1. Amendment. The first sentence of Section 1.B of the Agreement is amended and restated in its entirety to read "The Affordable Units shall be subject to the requirements of this Section 1 until July 30, 2027."
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Section 2. Execution in Several Counterparts. This Amendment may be executed in any number of counterparts, and each of such shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument.
Section 3. No Other Modifications. Except as expressly set forth herein, the rest and remainder of the provisions of the Agreement shall remain in full force and effect in accordan ce with its respective terms. From and after the date hereof, references to the "Agreement" shall mean the Agreement as amended by this Amendment.
Section 4. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of California.
Section 5. Interpretation. In the event of any conflict between the provisions of the Agreement and the provisions of the Amendment, the provisions of the Amendment shall control.
Section 6. Severability. If any provision of this Amendment shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever.
IN WITNESS WHEREOF, the Authority, City and the Developer have executed this Amendment as of the date first written above.
25-16743/3 84430
HUNTINGTON BEACH HOUSING AUTHORITY
By:
Its:
CITY OF HUNTINGTON BEACH
By: -----------
Its:
2 APP�� AS TO FORM
�:�
MICHAEL J. VIGLIOTTA
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
25-16743/384430
FIVE POINTS HOUSING LP,
a California limited partnership
By: AHA Orange II MOP, LLC,
a California limited liability company,
its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its Manager
By:
Vasilios Salamandrakis, President
By: KDF Valley Palms, L.P.,
a California limited partnership,
its Co-General Partner
By: KDF Communities - Valley Palms, LLC,
a California limited liability company
its General Partner
By:
Marquis E. Hyatt,
Primary Managing Member
3 Docusign Envelope ID: 42EBA809-72DE-4933-BEF8-F8D0734451F4
EXHIBIT A
25-16743/384430 4
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Title Officer : 55 Order : 1015996
l.
EXHIBIT A
Legal Description
The Land referred to herein below is situated in the Qty of Huntington Beach, County of Orange, State of califomia, and is described as follows:
PARCELS 1 AND 2, AS SHOWN ON PARCEL MAP NO. 79-559, IN THE CITY OF HUNTINGTON BEACH, COUNlY OF ORANGE, STA1E OF CAUFORNIA FILED IN BOOK 134, PAGE 22 OF PARCEL
MAPS, RECORDS OF O
R
ANGE COUNTY, CAUFORNIA.
EXCEPTING FROM THAT PORTION (HEREINAFTER CAil.ED THE "SUB-500 PORTION") OF SAID REAL PROPERTY LYING BELOW A DEPTH OF 500 FEET BENEATH THE SURFACE THEREOF, ALL OIL, GAS,
ASPHALTUM AND OTHER HYDROCARBONS AND ALL OTHER MINERALS, WHETHER SIMILAR OR DISSIMILAR TO THOSE HEREIN SPECTFIED, AND INCLUDING ALL FISSIONABLE MA1ERIALS WITHIN OR THAT MAY BE PRODUCED FROM OR EXTRACTED OR TAKEN FROM THE SUB-500 PORTION OF
THE SAID REAL PROPERTY, WHICH SAID OIL, GAS, ASPHALTUM, HYDROCARBONS AND MINERALS SHALL BE HEREINAFTER COLLECTIVELY CALLED THE "SUB-500 MINERALS", AS RESERVED IN DEED FROM HUNTINGTON BEACH COMPANY, A CORPORATION, RECORDED JUNE 21, 1979 IN BOOK 13195, PAGE 1898 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM THAT PORTION (HEREINAFTER CALLED THE "SUB-200 PORTION") OF SAID REAL PROPERlY LYING BELOW A DEPTH OF 200 FEET BENEATH THE SURFACE THEREOF, THE FOLLOWING:
(A) THE SOLE AND EXCLUSIVE RIGHT, FROM TIME TO TIME, TO LOCA1E AND TO MAINTAIN SUBSURFACE PORTIONS OF OIL AND GAS WELLS IN THE SUB-200 PORTION OF SAID REAL . PROPERTY, AND THE RIGHT TO DRILL FOR, PRODUCE, EXTRACT AND TAKE THE SUB-500 MINERALS FROM THE SUB-500 PORTION OF SAID REAL PROPER1Y, AND THE RIGHT TO EXERCTSE
ALL OF THE RIGHTS AND PRMLEGES NECESSARY FOR SUCH DRILUNG, PRODUCTNG, EXTRACTING AND TAKING; AND,
(B) THE SOLE AND EXCLUSIVE RIGHT TO USE THE SUB-200 PORTION OF SAID REAL PROPERlY TO
CONDUCT OPERATIONS, FROM TIME TO TIME, BY METHODS NOW KNOWN OR UNKNOWN, WHICH,
IN THE OPINION OF THE HUNTINGTON BEACH COMPANY, ARE REASONABLY DESIGNED TO BENEFIT OR FACTUTA1E THE DRILUNG FOR, OR PRODUCTION, EXTRACTION OR TAKING OF THE SUB-500 MINERALS FROM THE SUB-500 PORTION OF SAID REAL PROPERTY, OR ANY MINERALS FROM OTHER LANDS OTHER THAN SAID REAL PROPERTY (HEREIN CALLED THE "OTHER LANDS"),
TOGETHER WITH THE RIGHT TO DRILL A WELL OR WELLS OR USE ANY EXISTING WELLS IN, INTO OR THROUGH THE SUB-200 PORTION OF SAID REAL PROPERTY, FOR THE PURPOSE OF INJECTTNG INTO THE SUB-500 PORTION OF SAID REAL PROPERTY OR INTO OTHER LANDS, OIL, GAS, AIR,
WATER OR OTHER UQUID OR GASEOUS SUBSTANCES, INCLUDING THE RIGHT, FROM TIME TO TIME, TO IGNI1E OR OTHERWISE AcnvA1E ANY OR ALL OF SUCH SUBSTANCES SO INJECTED, OR ANY OR ALL OF THE SUB-500 MINERALS WITHIN THE SUB-500 PORTION OF SAID REAL PROPERlY, OR ANY MINERALS FROM OTHER LANDS; AND,
(C) THE SOLE AND EXCLUSIVE RIGHT, FROM TIME TO TIME, TO DRILL INTO AND THROUGH THE SUB-200 PORTION OF SAID REAL PROPERTY FROM OTHER LANDS, BY MEANS OF A WELL OR WELLS
DRILLED FROM THE SURFACE OF OTHER LANDS, TOGETHER WITH THE SOLE AND EXCLUSIVE
RIGHT TO REPAIR, REDRILL, DEEPEN, MAINTAIN, REWORK AND OPERATE SUCH WELLS AND
PRODUCE ANY MINERALS FROM OTHER LANDS BY MEANS OF SUCH WELLS, OR PRODUCE ANY ORANGE, CA Document:AM 2020.298800
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Branch :NCS User :ARIV Title Officer : 55 Order : 1015996 Documents provided by DataTree LLC via it's proprietary Imaging and delivery system. Copyright 2003, All rights reserved.
MINERALS FROM OlHER LANDS BY MEANS OF SUCH WEL"L OR WELLS, THROUGH THE sua·-200 .PORTION OF SAID REAL PROPERTY; AND,
tHE SOL£ AND EXCLUSIVE RIGHT, FROM TIME TO TIME, TO LOCATE1 OPERATE AND MA1NtAIN SUBSURFACE PORTIONS Of WELl5 IN, INTO OR THROUGH THE SUB•200 PORTION OF SAID REAL PROPERTY, AND TH'E RIGHT, FROM TIME TO TIME, TO INJECT, .. STORE, PRESSURIZE AND REMOVE THE SUB-.500 MINERALS OR ANY MINEAALS FROM OlHER LANDS 'FOR THE PURPOSE OF STORING THE SAME IN THE SUB-500 PORTION OF SAID REAL PROPERTY, OR IN OTHER LAND.
NOTHING H�REINABOYE SET :FCiRTH SHALL BE DEEMED TO RESERVE ANY INTEREST IN THE SURFACE OR IN ANY PORTION OF SAID REAL PROPERTY lYIN� WITHIN 200 FEET MEASURED VERllCALL Y DOWNWARD FROM THE SURFACE OF SAID REAL PROPERTY, ALL AS RESERVED IN DEED FROM HUNTINGTON BEACH COMPANY, A CORPORATION,.RECORDED JUNE 21, 1979 IN 800.K 13195J 'PAGE 1898 OF OFACIAL RECORDS.
ALSO EXCEPTING il-iEREFROM, All WATER RIGHTS OF., OR RELATED TO, .OR APPURTENANT TO SAID REAL PROPERTY., lNCLUDING, BUT NOT UMITED TO, ALL RIGHT TO PERCOLATING WATER, ARTESIAN WATERS AND UNDERGROUND STREAMS, BUT I.NCL,UDJNG THE :RIGHT Of! SURFACE
ENTRY, AS RESERVED IN DEED FROM HUNTINGTON BEACH COMPANY, A CORPORATION, RECORDl:D JUNE ii, 1979 IN BOOK 13195, PAGE 1898 OF OFFICIAL RECORDS.
For conveyancing purposes only: APN 159•092-07
ORANGE, CA Document:AM 2020.298800
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