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