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Home My WebLink About24 - Irvine Co. SLURS Second Amendment_OR_2019000509265M - RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: THE IRVINE COMPANY LLC 550 Newport Center Drive Newport Beach, CA 92660 Attn: General Counsel Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder �11 II II III II III I 1�1 1��II 11��i �1 II NO FEE * $ R 0 0 1 1 3 2 6 S 0 9 $ 2019000509265 3:26 pm 12105119 90 SC5 D01 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 SPACE ABOVE LINE FOR RECORDER'S USE ONLY This document is_e_ xempt from filing fees per Govt. Code ' , . ; recorded fees per Govt. Code §27383 and is exempt from- Document Transfer Tax per Rev. and Tax. Code §11922 SECOND AMENDMENT TO DECLARATION OF SPECIAL LAND USE RESTRICTIONS THIS SECOND AMENDMENT TO DECLARATION OF SPECIAL LAND USE RESTRICTIONS (this "Amendment") is executed as of this` day of , 2019 ("Effective Date") by and between THE IRVINE COMPANY LLC, a Delaware limited liability company, as successor -in -interest to The Irvine Company, a Michigan corporation ("Declarant"), and the CITY OF NEWPORT BEACH, a California municipal corporation ("Grantee"), with reference to the following facts: A. Declarant and Grantee executed that certain Declaration of Special Land Use Restrictions, Right of First Refusal, Mortgage Lien and Option to Repurchase recorded May 8, 1992 as Instrument No. 92-304757 in the Official Records of Orange County, California, as modified by that certain amendment recorded November 24, 2010 as Instrument No. 2010-634195, (collectively, the "Declaration"). Capitalized terms used herein that are not otherwise defined herein shall have their respective meanings as set forth in the Declaration. B. The Declaration encumbers that certain real property owned by Grantee and more particularly described on EXHIBIT A attached hereto and made a part hereof (the "Land"). C. Grantee desires to make certain alterations to the Land and to construct, maintain and operate a lecture hall, in a separate building on the Land, for use by Grantee solely to conduct library, cultural, training, educational, informational, entertainment, civic and community focused programming as well as for programming of library support groups, such as the Friends of the Newport Beach Public Library and the Newport Beach Public Library Foundation (the "Lecture Hall"), and Declarant is willing to approve of such alterations upon the satisfaction of certain conditions as more fully set forth below. 1 NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by Grantee and Declarant, the parties hereto agree as follows: 1. Lecture Hall. 1.1 Amendment to Exhibit 2. Exhibit 2 of the Declaration is hereby amended to permit up to three (3) buildings on the Land, to allow for the construction and use of the Lecture Hall and any related improvements solely for the Intended Use (as defined below). Commencement of construction shall occur within a reasonable time, and the Lecture Hall and any related improvements shall be installed within ten (10) years from the Effective Date. The Maximum Gross Floor Area of the Lecture Hall shall not exceed 10,000 square feet, and the Maximum Gross Floor Area of all buildings on the Land shall not exceed 74,000 square feet nor exceed fifty percent (50%) Maximum Floor Area Ratio. The construction, maintenance, operation and use of the Lecture Hall and related improvements shall be subject to all other terms and conditions of the Declaration (including, without limitation, obtaining Declarant's separate approvals pursuant to Sections 2.2 and 2.5(b) of the Declaration). 1.2 Use of the Lecture Hall. Declarant expressly agrees that the use of the Lecture Hall by Grantee to conduct library, cultural, training, educational, informational, entertainment, civic and community focused programming as well as for programming of library support groups, such as the Friends of the Newport Beach Public Library and the Newport Beach Public Library Foundation (collectively, the "Intended Use"), are uses commonly associated with public libraries, as described in Section 2.1(a) of the Declaration, and these uses do not compete with the retail and commercial facilities in the Center. Grantee may also from time to time allow, and charge reasonable fees for, such uses of the Lecture Hall, and such other uses of the Lecture Hall that Grantee determines in its reasonable discretion are complimentary to the use of the Land as a free, public library and will not interfere with the use of the Land by Grantee's library patrons and available parking for such library patrons; provided such other uses, in Declarant's reasonable discretion, do not materially compete with the retail and commercial facilities in and around the Center, and in no event shall the Lecture Hall be used as a commercial banquet hall or conference center. 1.3 Parkin. The number of parking spaces located on the Land and available for public use is currently 172. Such number of parking spaces available for public use shall not be reduced without the prior written consent of Declarant as described in Section 2.2(a) of the Declaration. 2. Effect of Amendment. Except as specifically modified pursuant to the terms of this Amendment, the terms and conditions of the Declaration shall remain unmodified -and in full force and effect and the Restrictions therein defined shall be binding upon and run and pass with every portion of the Land and Improvements. In the event of any inconsistencies between the terms of this Amendment and any terms of the Declaration, the terms of this Amendment shall govern and prevail. ` 3. Reaffirmation of Obligations. Declarant and Grantee each hereby acknowledge and affirm the Restrictions contained in, and their respective obligations under, the Declaration as amended by the provisions of this Amendment, and that this Amendment shall be binding upon, and enforceable against, Declarant and Grantee in accordance with its terms. 4. Counterparts. This Amendment may be executed and acknowledged in any number of counterparts, all of which executed and acknowledged counterparts shall together constitute a single document. Signature and acknowledgement pages may be detached from the counterparts and attached to a single copy of this document to physically form one document, which may be recorded. [Signatures on following page] IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. DECLARANT: THE IRVINE COMPANY LLC, a Delawae limited liability comr- 0 f/(i[ftiGt F9 l o n r «r .rfi�r ffce f e� By: es t GRANTEE: P CITY OF NEWPORT BEACH, a California municipal corporation 0 ATTEST: qr Diane B. Dixon 4yor r I Leilani Brown, City C APPROVED AS TO FORM: By: Aaron C. Harp, City Attorney ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 1m _ -e On 2ci i , before me, MO&& �OL � 61. _ , (insert name of notary) w Notary Public, personally appeared a. t T. 9, \ W ek,'D. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i are subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her ei authorized capacity(ies), and that by his/hex2t ei 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. WITNESS my hand and official seal. Signature. F, MONA SALAAA Notary Public . California dig ' Orange County Z Commission # 2292794 My Comm. Expires Jul 10, 2023 GMENT (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (insert name of notary) Notary Public, personally appeared , 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 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. 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 (Seal) EXHIBIT A LEGAL DESCRIPTION OF THE LAND That certain real property in the City of Newport Beach, County of Orange, State of California, described as follows: Parcel 2, in the City of Newport Beach, County of Orange, State of California, as shown on Parcel Map No. 90-361, recorded in Book 270, Pages 15 to 18, inclusive, of Parcel Maps, in the Office of the County Recorder of said County. APN: 442-01.4-25 & -26 1