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HomeMy WebLinkAboutContracts & Agreements_12-09 RDA_CCv0001.pdf SECOND AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS SECOND AMENDMENT("Second Amendment") is entered into as of the 3rd day of November, 2009, by and between Mountain View Acres, Inc., a California nonprofit corporation ("MVA"), Citrus Place Village, LLC, a California limited liability company (the "Company") and the Redevelopment Agency of the City of Redlands (the"Agency"). A.. MVA and the Agency entered into that certain Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") dated July 20, 1999, which was recorded in the Official Records of San Bernardino County, California on July 27, 1999, as Document No. 19990314016; which agreement was subsequently amended by that certain first Amendment to Regulatory Agreement and Declaration of Restrictive Covenants dated September 1, 2009, and recorded in the Official Records of San Bernardino County, California on September 11, 2009, as Document No. 2009-0401855 (the "First Amendment" and with the Agreement, the "Regulatory Agreement"). The Company is MVA's successor in interest with respect to the property subject to the Regulatory Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. This Second Amendment shall and hereby does amend the Regulatory Agreement to add the corrected legal description attached hereto as Exhibit A in place of the incorrect legal description which was attached as Exhibit A to the First Amendment. 2. This parties hereby ratify the Regulatory Agreement(including without limitation the subordination thereof to the documents evidencing and securing the HUD-insured mortgage loan to be entered into by the Company on or about the date hereof) as amended by this Second Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year hereinabove first written. [SIGNATURE PAGES FOLLOW] 4831-3409-1781.1 Page I REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS By: Jon Harrison, Chairman ATTEST: Lorrie, oyzer,A S cretary 4831-3409-1781.1 Page ) ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on November 3, 2009, before me, Lisa Caldera, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison, Redevelopment Agency Chairperson and Lorrie Poyzer, Redevelopment Agency Secretary 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 heAh&they executed the same in his their authorized capacity(ies) and that by hisAw4their 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. 'N1,111 1 f WITNESS my hand and official seal. 0 F 'f3 LORRIE POYZER, CITY CLERK % 843 % /PO R N\ Li4a Caldera, Deputy City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselVthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Chairperson and Agency Secretary Entity Represented: Redevelopment Agency THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Second Amendment to Regulatory Agreement and Declaration of Restrictive Covenants Date of Document: November 3, 2009 Signer(s) Other Than Named Above: Donald Nydarn, President for Citrus Place Village, LLC, Donald Nydam,President Mountain View Acres, Inc. Citrus Place Village, LLC, a California limited liability company By: Mountain View Acres, Inc., a California non-profit corporation its Manager By: Donald Nydam,President 4831-3409-1781,1 Page 4 ACKNOWLEDGMENT ------------------------------------------------------------------------------- State of California County of San Bernardino} ss. On October 27,2009 before me, Connie S. Johnson, Notary Public, personally appeared Donald Nydam, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the instrument the person, or the entity upon behalf of which the person 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 ------------------------------------------------------------------------------- OPTI©NAL INFORMATION Date of Document as of October 2009 Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President/Vice-President/Secretary/Treasurer Other: Other Information: 4831-3409-1781.1 Page 5 Mountain View Acres, Inc., a California non-profit corporation By: Donald Nydam,President 4831-3409-1781,1 Page 6 ACKNOWLEDGMENT ------------------------------------------------------------------------------- State of California County of San Bernardino) ss. On October 27, 2009 before me, Connie S. Johnson,Notary Public, personally appeared Donald Nydam, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the instrument the person, or the entity upon behalf of which the person 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. 9 Signature (s=4ai> ------------------------------------------------------------------------------- OPTIONAL INFORMATION Date of Document as of October 12009 Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Check here if Capacity of Signer: X no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President/Vice-President/Secretary/Treasurer Other: Other Information: 4831-3409-1781.1 Page 7 Exhibit A Legal Description Lots 1 through 21 and Lot A of Tract 18699 as per plat recorded in Book 333,pages 86 through 92 in the County of San Bernardino,California. 4831-3409-1741.1 8