RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara
1500 Warburton Street
Santa Clara, California 95050
When Recorded, Mail to:
Legend SantaClara LLC
341 Cobalt Way, Suite 208
Sunnyvale, CA 94085
And
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
For Units, 225,303,323,422,427
AMENDMENT NO. 1
TO THE AFFORDABLE HOUSING AGREEMENT
by and between the
CITY OF SANTA CLARA, CALIFORNIA,
AND
LEGEND,SANTACLARA,LLC
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation, (City), Legend SantaClara, LLC (the Developer). City and Developer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Amendment."
RECITALS
A. The Parties previously entered into an agreement entitled "Affordable Housing Agreement", dated May 22, 2018 (the "Original Agreement") which was recorded with Santa Clara County on June 26, 2018 (Recording Number 23964104); and B. The Parties entered into the Original Agreement for the purpose of having Developer provide five (5) Below Market Purchase (BMP) units designated as Units 225, 303, 323, 422, and 427, and
C. The Parties now wish to amend the Original Agreement to update BMP Unit sales prices in Section 1.b.
Amendment No. 1 to Legend SantaClara LLC
Affordable Housing Agreement
Rev. 9/08/2022
EBIX S200003846
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AMENDMENT TERMS AND CONDITIONS
2. That paragraph 1. b of Section entitled "Agreement Provisions-Developer Obligations" of the Original Affordable Housing Agreement is hereby amended to read as follows:
b. The BMP Units shall be sold at the following Affordable Sales Price:
11. Unit #225, 1 bedroom/ and 1 Bath, Plan 1A-ALT2 $401,000- 100% 111. Unit #427, 1 bedroom/ and 1 Bath, Plan 1A-ALT3 $401,000- 100% IV. Unit #303, 2 bedroom/ and 2 Bath, Plan 2A-ALT6 $441,000- 90% V. Unit #323, 2 bedroom/ and 2 Bath, Plan 2A-AL T7 $451,000- 100% VI. Unit #422, 2 bedroom/ and 2 Bath, Plan 2B-AL T $509,000 - 110% TERMS
All other terms of the Original Agreement which are not in conflict with the provisions of this Amendment No. 1 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
3. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
Amendment No. 1 Legend SantaClara LLC
Affordable Housing Agreement
Rev. 9/08/2022
EBIX S200003 846
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives .
Approved as to Form:
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: -------- - - -----
Office of the City Attorney
City of Santa Clara
"CITY"
Office of the City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771
Developer Name
LegJ3nd, SantaClara, LLC
Dated: --c--mJ!U_o----+-------'/~~- --,,,-)--o- )-_").---_ ------- By (Signature): ~~ --~~-------------- -Name: _Y_,_·n~g_C_h_e_n ______________ _ Title : Manager
Principal Place of
Business Address : 341 Cobal_t W@ Suite 208, Sunnyvale, CA 94085 Email Address: ().((O\Avrt\i' ~ Lij;J US O.. CvM
Telephone : c6GS )"2,n-uJ2K
Fax:
Amendment No. 1 Legend SantaClara LLC
Affordable Housing Agreement
Rev. 9/08/2022
"DEVELOPER"
EBIX S200003846
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 CALIFO ~JA0 C{
COUNTY OF tv<fl'.t., ueu
ss:
On __ oq ___ t2-_q ___ J_o R_2 _____ before
me, !)(t-<,Y-~fl.tL (oc,-fl,Jey ,
a Notary Public, personally appeared If IN fi.. C ff/; N 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 PENAL TY 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 ~ {3~
Amendment No. 1 Legend SantaClara LLC
Affordable Housing Agreement
Rev. 9/08/2022
FORNOTARYSEALORSTAMP
KRISZTINA COOKSEY
Notary Public - California
Santa Clara County
Commission ~ 2355558
My Comm. Expires May 9, 2025
EBIX S200003846
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 FOR NOTARY SEAL OR STAMP
me,
a 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 PENAL TY 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 ______________ _
Amendment No. 1 Legend SantaClara LLC
Affordable Housing Agreement
Rev. 9/08/2022