02-0507_FRANCISCAN PLAZA INVESTMENT GROUP_2nd Amendment to Owner Participation AgreementPLEASE COMPLETE THIS INFORMATION
RECQROtNG REQUESTED BY:
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TITLE OF DOCUMENT
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Doc: OR:2002 00634702
Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk -Recorder
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording tee applies)
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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
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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
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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
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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
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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
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