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Memorandum of First Amendment to Ground Sublease Agreement 2001-0888770 • alit uII6I OF THIS DANT ?EQUESTED BY: blAS.RECORDED OH DEC 05 2001 DOCUMENT NUMBER 2001-0! 8770 [GORY J. SMITH, COM RECORDER NORTH AMERICAN TITLE COMPANY SAN DIEGO COM RECORDER'S OFFICE TIK: 9:35 AM ..dD WHEN RECORDED MAIL TO: Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attn: Dennis Doucette, Esq. CONFORMED COPY MEMORANDUM OF FIRST AMENDMENT TO GROUND SUBLEASE AGREEMENT THIS MEMORANDUM OF AMENDED GROUND SUBLEASE AGREEMENT (this "Memorandum") is made and entered into as of December 3 , 2001, by and between COMMUNITY HOUSING OF NORTH COUNTY, a California nonprofit corporation ("Sublessor"), and BREIHAN cb HOUSING ASSOCIATES, L.P., a California limited partnership ("Sublessee"). Vna rIA RECITALS '-b A. Sublessor and Sublessee entered into that certain Ground Sublease dated June 8, 2001 ("Sublease") and that certain Memorandum of Ground Sublease Agreement, dated June 8, 2001 and recorded June 11, 2001 as Instrument No. 2001-0385286 of Official Records of the San Diego County Recorder("Original Memorandum"). B. This Memorandum evidences that certain First Amendment to Ground Sublease between Sublessor and Sublessee dated of even date herewith(the"First Amendment"). Unless otherwise defined, all capitalized terms shall have the meaning set forth in the First Amendment. C. Sublessor and Sublessee have agreed to enter into this Memorandum for purposes of giving notice of the First Amendment and certain of its terms, covenants and conditions. NOW,THEREFORE,in consideration of the mutual covenants contained herein and for other good and valuable consideration, the-receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Site. The description of the Site, as defined in the Sublease, is hereby revised to be consistent with the description of the Site as set forth in the First Amendment to Ground Lease. The revised Site is described in Exhibit "A" and depicted in Exhibit "B", both attached hereto and incorporated herein by reference. Affirmation. Except as a end_temodified herein n_r to the extent inconsistent with thic Memorandum, the Original Memorandum therein remains in full force and effect. CFNC/Hinside Memorandum of Amended Sublease 24214-00021 • 1695602.2 CP.LS.. I Calle . _... f d As sill 3. Terms or Conditions. This Memorandum does not set forth all of the terms or conditions of the Sublease. This Memorandum is not intended to, and does not and shall not, amend, modify, diminish or affect in any way the Sublease, or the construction or interpretation thereof, or any rights or obligations of any of the parties thereto. The terms of this Memorandum are subject to the Sublease and any amendments, renewals or extensions thereof. The sole purpose of this Memorandum is to give notice of the Sublease and of certain of its terms, covenants and conditions. IN WITNESS WHEREOF, the parties hereto have duly executed this Memorandum as of the date first set forth above. SUBLESSOR: SUBLESSEE: COMMUNITY HOUSING OF NORTH' BREIHAN HOUSING ASSOCIATES, L.P., CO .. 1Y, a California nonp .fit co .• •=tion a California limited partnership By( . 1 , . _aloe By: COMMUNITY HOUSING OF Sus M. Reynolds l NORTH COUNTY, a California Executive Director nonprofit corporation, General Paftne I Bp: &A Susan M. Reynolds ( Executive Director CONSENT OF LESSOR POWAY REDEVELOPMENT AGENCY, as Lessor under the Master Lease, as amended, hereby consents to the First Amendment and this Memorandum. POWAY REDEVELOPMENT AGENCY, a public body corporate and politic, as Lessor By: • Its: ATTEST: Agency Secretary APPROVED AS TO FORM: Stradling, Yocca, Carlson & Rauth Agency Legal Counsel CHNGHillside Memorandum of Amended Sublease 2 24214-00021 - 1695602.2 • 3. Terms or Conditions. This Memorandum does not set forth all of the terms or conditions of the Sublease. This Memorandum is not intended to, and does not and shall not, amend, modify, diminish or affect in any way the Sublease, or the construction or interpretation thereof, or any rights or obligations of any of the parties thereto. The terms of this Memorandum are subject to the Sublease and any amendments, renewals or extensions thereof. The sole purpose of this Memorandum is to give notice of the Sublease and of certain of its terms, covenants and conditions. IN WITNESS WHEREOF,the parties hereto have duly executed this Memorandum as of the date first set forth above. SUBLESSOR: SUBLESSEE: COMMUNITY HOUSING OF NORTH BREIHAN HOUSING ASSOCIATES, L.P., COUNTY, a California-nonprofit corporation 'a California limited partnership By: By: COMMUNITY HOUSING OF Susan M. Reynolds NORTH COUNTY, a California Executive Director nonprofit corporation, General Partner . By: —_..._._ • Susan M. Reynolds Executive Director CONSENT OF LESSOR POWAY REDEVELOPMENT AGENCY, as Lessor under the Master Lease, as amended, hereby consents to the First Amendment and this Memorandum. POWAY REDEVELOPMENT AGENCY, a public body corporate and politic, as Lessor • y. \ 1 j %RttelseK lts: el; IT 1113 •A RtC o2 . — \ ATTEST: n SN. flA (, 0..W.--C- C?Onfi <2 Agdncy Secretary AP" OV.a • 5TOFORM: I A Stradl :, Yocca, arlson & Rauth Agency Legal Counsel CI INC/Hillside Memorandum of Amended Sublease 24214-00021 - 1695602.2 2 . STATE OF CALIFORNIA ) COUNTY OF SAA.1 ,lir fn ) On NU&ri c 20 , 200 I , before me, CIA-kc, u-5 1-3=>- Notary Public, personally appeared S v- c' til - k.E.JANNOUMNZ [personally-known-to-me]or[proved to me on the basis of satisfactory evidence] to be the person(%)whose names.) is/ate subscribed to the within instrument and acknowledged to me that fit/she/they executed the same in his/her/their authorized capacity(, and that by_tishher/their signature(4on the instrument the person or the entity upon behalf of which the person} acted, executed the instrument. WITNESS my hand and official seal. f CAeo!rr1 s .1i2134 . ar f ?,5 Commission# 1 i81134 z � , - - NofayCommPublicisa f • 60-6- ia\ v \BUJ Q� ,`7� :y Ccmm.FiLsg ;;21 Co2Y Signature of Notary Public Place Notary Seal Above STATE OF CALIFORNIA • ) COUNTY OF ) On _, 200_, before me, , Notary Public, personally appeared [personally known to me]or[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. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above C HNC/Hillside Memorandum of Amended Sublease 24214-00021 - 1695602.2 STATE OF CALIFORNIA ) COUNTY OF 5xA Qsa ) On 1e,,,,\me- 3 , 2001, before me, El iza\Ofti-V\ F. 1becw. , Notary Public, personally appeared TSOlw1P s Bowe cSOY- (personally known to me]or[peeved-te-meonhe-basisufsatisfesterw_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/her4heir-authorized capacity(ies), and that by his/her/theif signature(s) on the instrument the person(s) or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. 1 --�` ELIZABETH E. DEAN E !��. Commission# 1256279 feiici Notary Pudic-California �:l`�►% San Diego county MyComm.EpbesAp7.aa 4 Signature of otary Public Place Notary Seal Above • STATE OF CALIFORNIA ) ) COUNTY OF ) On , 200_, before me, , Notary Public, personally appeared [personally known to me]or[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. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above ci NC/Hillside Memorandum of Amended Sublease 24214-00021 - 1695602.2 410 EXHIBIT A LEGAL DESCRIPTION OF SITE THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND A PORTION OF PARCEL 1 OF PARCEL MAP NO. 15715, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 21, 1989 AS FILE NO. 89-328217 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE NORTHERLY LINE THEREOF, SOUTH 88°47'12" EAST, 604.09 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 14°01'54" EAST, 80.86 FEET; THENCE SOUTH 14°39'10" WEST, 71.95 FEET; THENCE SOUTH 48°43'02" WEST, 74.92 FEET; THENCE SOUTH 09°47'02" WEST, 35.41 FEET; • THENCE SOUTH 33°24'20" WEST, 117.26 FEET; THENCE SOUTH 11°32'13" EAST, 64.19 FEET; THENCE SOUTH 12"02'44" WEST, 66.71 FEET; THENCE SOUTH 33°14'53" WEST, 61.20 FEET; THENCE SOUTH 15°23'41" EAST, 55.09 FEET; THENCE SOUTH 22°56'39" WEST, 65.87 FEET; THENCE SOUTH 15°26'36" EAST, 85.79 FEET; THENCE SOUTH 41°14'22" WEST, 110.72 FEET; THENCE NORTH 58°25'39"WEST, 77.46 FEET; THENCE NORTH 65°36'30" WEST, 80.00 FEET; THENCE NORTH 58°25'39" WEST, 132.29 FEET; THENCE NORTH 72°45'38" WEST, 35.93 FEET; THENCE NORTH 44°05'37" WEST, 35.92 FEET; THENCE NORTH 58°25'39"WEST, 111.61 FEET TO THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID WESTERLY LINE, NON-TANGENT TO SAID CURVE,NORTH 02°21'57" EAST, 564.83 FEET TO THE POINT OF BEGINNING. CONTAINS 8.402 ACRES, MORE OR LESS. P.O.B. 41 EXHIBIT „ B71 •• PAGE 1 , • • NW CORER 588'47'12'E 604.09' o i, c 1 E/ v / I-- z io e°1 7 LEASE " POR. o in o ts, PARCEL & SW1/4 OF 521/4 of / 8 . 402 ACg SEC,C+ 133 IN 9 9 ' U / T TS R2W S.S.M. / & 3 C U w n 0) 1.3 m N V 0 CSS ,).. _ co N V VV to C7q .C.• 'e^ Cid r w DATA TABLE CD PCL 1 \ NO. BRNG/DELTA RADIUS LENGTH / C1 614.01'54'E — 80.86' P.M. 15715 / C2 S14'39'10'11 71.95' / C3 548'43'02"W 74.92' \ / C4 S09'47'02'11 _ 35.41' / C5 533'24'20'N 117.26' / C6 S11'32'13'E — 64.19' / C7 S12'02'44'11 _ 66.71' \ // C8 S33'14'53'W — 61.20' C9 S15'23'41'E — 55.09' PCL 2 / / C10 S22'56'39'N 65.87' V C11 515'26'36'8 85.79' SEC, 13 C12 541'14'22'W -- 110.72' _ _ _ _ C13 N58.25'39'11 — 77.46' N.. SEC. 24 C14 N65'36'301 — 80.03' C15 N58'25'39'W — 132.29' P.M. 115715 C16 N72'45'38'N -- 35.93' JrJ C17 N44'05'37'1 — 35.92' C18 N58'25'39.11 — 111.61' 11 SCALE: 1.=200' jr'EVENS PARCEL S 'EVENS•CREST°ENGINEERING.INC. /_, CML ENGINEERS•LAND PLANNERS•SIIRVEYOtS HILLSIDE VILLAGE HOUSING PROJECT 9620 CHESAPEAKE DOVE PHONE: 858.6945660 POWAY, CALIFORNIA Wilt 102 FM 65&6945661 SAN DIEGO.U 92123 1324 wwwx4Y]f<011 nuin. ..n. 01 f1T. I 40/1-/11