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02-0507_FRANCISCAN PLAZA INVESTMENT GROUP_2nd Amendment to Owner Participation AgreementPLEASE COMPLETE THIS INFORMATION RECQROtNG REQUESTED BY: AND WHEN RECORDED MAIL, 70: TITLE OF DOCUMENT Non -Order Search Doc: OR:2002 00634702 Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk -Recorder I1I111IIIIflI141I11lNIIIIIIIIIIIIIIIl11141II1111141IIllINo FEE 20020634702 IOAam 07131102 112 45 Al2 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ORDER'S USE 0 'sl y> 'I. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) Page 1 of 5 Requested By: steve.derilo, Printed: 7/24/2018 9:12 AM Recording Requested by: City of San Juan Capistrano And when recorded, please mail to: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recording fees exempt due to Govt Code 6103 Documentary Transfer Tax - No Consideration oe IXAAA7 (, ( A V `�' Ma g t onahan, City Clerk Ci y f San Juan Capistrano Second Amendment to Owner Participation Agreement This Second Amendment to Owner Participation Agreement ("Second Amendment") is entered into as of this 7th day of May, 2002, by and between the San Juan Capistrano Community Development Agency (the "Agency") and Franciscan Plaza, LLC. dba: Mission Plaza (hereinafter referred to as "Owner"). Recitals Whereas, the Owner Participation Agreement was executed by the Agency and Franciscan Plaza Investment Group, the original developer of the Franciscan Plaza project (the "Participant"), on December 15, 1987, and, recorded in official records of Orange County on December 22, 1987, record number 87-704662; and, Whereas, the First Amendment to the Owner Participation Agreement was executed by the Agency and the Participant on October 17,1989,and,is attached hereto; and, Whereas, the current "Owner" and Agency desire to amend certain provisions of the Owner Participation Agreement and its First Amendment. Now, therefore, the Agency and Owner agree to amend the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement as follows: Section A, Section 1 of the First Amendment to the Owner Participation Agreement and Section 501 of the Owner Participation Agreement shall be amended to provide for seventy-three (73)commuter parking spaces. Section B. Except to the extent that the Owner Participation Agreement and the First Amendment to the Owner Participation 1 Non -Order Search Page 2 of 5 Requested By: steve.derilo, Printed: 7/24/2018 9:12 AM Doc: OR:2002 00634702 Agreement are modified by the Second Amendment, each and every provision of the Owner Participation Agreement and the First Amendment to the Owner Participation Agreement remains in full force and effect and survives this Amendment. The Owner Participation Agreement and its First Amendment is incorporated herein and by this reference. If any ambiguity exists between this Second Amendment and the Owner Participation Agreement and its First Amendment, this Second Amendment shall control, In Witness Whereof, the parties have executed this Second Amendment as of the day and year above written. Approve as to Form: John Shaw, Agency Council Owner: Kalm Busk, Franciscan Plaza, LLC. Dba: Mission Plaza Attest: /? C_ Ma ret M. Monahan, Agency Secretary Sa Juan. Capistrano Community Redevelopment Agency• ollen ampbe Chairperson C:IDOUGLASICRA Foideffran plzaOPA.wpd V, WILLIAM N. NELSON Comm, # 1279067 !� NOTARY PUBLIC -CALIFORNIA N araeq. County •' MV Comm, EXPINS bot. 1, 2004 "a Non -Order Search Page 3 of 5 Requested By: steve.derilo, Printed: 7/24/2018 9:12 AM Doc: OR:2002 00634702 ALL-PURPOSE ACKNOWLEDGEMENT State of California � County of _( /,�� S5. c-, 0 On TU L4 -t Z 0G , _ before me, W" t-L,i t�raw M C) % "C" o A.•) , i DAIT:! ff !NOTARY) - personally appeared k'A Z o -t i-Ay Skn-_ SI(1N&RuSi ❑ personally known to me - OR - WILLIAM N. ODELSON Comm, # 1279067 NOTARY PUBLIC-CALIFORNIA40 yl Orange County My Comm,E:piEee Oct. 1, 2004 proved to me on the basis of satisfactory evidence to be the persony whose nameX N/towledged subscribed to the within instrument and to me that h she/tA executed the same in h /her/t it authorized capacity(i ), and that by hy/her/thyr signature , on the instrument the person, or the e tity upon behalf of which the person(v acted, executed the instrument. WITN hand and o al ear. URE OPTIONAL OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER E 111 L FAS) PARTNER(S) ATTOR NF. Y- I N -FACT TRLJSTEEi S) GUARDTAN/C:ONSERVATOR OTHER: SIGNER IS REPRESENTING: NAW. OF PERSON(S) OR ENTITYIIF.S) APA 5199 DESCRIPTION OF ATTACHED DOCUMENT A. TITLE OR TYPE OF DOCUMENT -21 NUMBER OF PAGES !�6 le- 015 -Z DATE OF IfiOCUMFNT RIGHT THUMBPRINT OF SIGNER VALLEY -SIERRA, 900-362-3369 OTHER v `a r a E s a Non -Order Search Page 4 of 5 Requested By: steve.derilo, Printed: 7/24/2018 9:12 AM Doc: OR:2002 00634702 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On May 7, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Collene Campbell, personally known to me 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 signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) OPTIONAL Capacity Claimed by Signer Chairman of the Board of Directors Title Signer is Representing San Juan Capistrano, Redevelopment Agency WITNESS my hand and official seal. City f-le#k/Agency Secretary Community Description of Attached Document Second Amendment to Owner Participation Agreement Title or Type of Document 2 plus this page Number of Pages May 7, 2002 Date of Document Kalma Busk, John Shaw, Margaret Monahan Signer(s) Other Than Named Above Non -Order Search Page 5 of 5 Requested By: steve.derilo, Printed: 7/24/2018 9:12 AM Doc: OR:2002 00634702