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Home My WebLink AboutAGR-7765.1 - OC RECLAMATION, LLC. - FIRST AMENDMENT TO DEVELOPMENT AGREEMENT12/17/25,3:24 PM Batch 20350830 Confirmation A J r, '7749 5 0 Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder in I I III II lU 111111 flU III NO FEE S R 0 0 1 5 9 5 9 0 2 7 $ * EXEMPT FROM RECORDER'S FEES 2025000349660 02:56 pm 12/17/25 Pursuant to Government Code§27383 872 Ex19A Al2 6 0.00 0.00 0.00 0.0015.00 0.00 0.00 0.00 0.00 0.00 Recording requested by and when recorded return to: City Clerk City of Orange 300 East Chapman Avenue Orange,CA 92866 SPACE ABOVE FOR RECORDER'S USE) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF ORANGE a California municipal corporation, and OC RECLAMATION LLC, a California limited liability company https://gs.secure-erds.com/Batch/Confirmation/20350830 1/2 A-.1r. 77(05c, FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Develconent Agreement(this"First Amendment")is made and entered into as of Dee. 1(1, , 105 (the "Effective Date"), by and between CITY OF ORANGE, a California municipal corporation ("City") and OC RECLAMATION, LLC, a California limited liability company ("OCR"). City and OCR are sometimes hereinafter referred to individually as a"Party"and collectively as the "Parties". RECITALS A. The Parties entered into that certain Development Agreement("Agreement")dated as of November 10, 2024, and recorded in the Official Records of Orange County as Document Number 2024000295095 after adoption by the City Council. B. The Agreement governs the development of certain real property formerly owned by OCR within the City, and also provides for the dedication of a portion of that real property to the City, defined as the "Dedicated Property" in Section 6.1 of the Agreement. Consistent with said section,OCR dedicated the Dedicated Property to the City by grant deed dated November 15, 2024, and recorded in the Official Records of Orange County as Document Number 2024000299872. C. Section 6.1 of the Agreement reserves to OCR the right to purchase the Dedicated Property back from the City for a de minimis amount under specified circumstances. OCR now desires to relinquish and extinguish that reserved right in full,and the City desires to accept OCR's relinquishment so that the City shall have unconditional, unrestricted fee ownership of the Dedicated Property. AGREEMENT NOW, THEREFORE,pursuant to the authority contained in the Development Agreement Act, as it applies to the City, and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto state, confirm and agree as follows: 1. Incorporation Into Agreement.This First Amendment is hereby incorporated into the Agreement such that the references to the "Agreement" or the "Development Agreement" in the Agreement's text shall hereafter also include this First Amendment.Unless otherwise set forth or modified herein,all capitalized terms used in this First Amendment shall have the same meaning as provided in the Agreement. 2. Amendment to Section 6.1. Section 6.1 is hereby amended and restated in full as follows: Concurrently upon execution of this Agreement and issuance and provision of all Project Approvals or other CITY approvals required or necessary in connection with the full use and enjoyment of the Project, OWNER agrees to dedicate its full fee simple interest in the Dedicated Property, commonly known as the "Chandler First Amendment to Development Agreement 2 Pit," to CITY via one or more grant deeds or similar conveyance instrument approved by the City Attorney. The Dedicated Property shall be conveyed and transferred to CITY in its"AS-IS,""WHERE IS,WITH ALL FAULTS"condition, free of any retained rights of reversion, repurchase, future interests, or other conditions in favor of OCR,and CITY shall thereafter hold the Dedicated Property in its sole and exclusive ownership. 3. Conveyance. OCR shall execute a grant deed conveying the remainder of its interest in the Dedicated Property to the City concurrently upon execution of this First Amendment. 4. Recordation. This First Amendment shall be recorded by the City Clerk in the Official Records of Orange County within ten (10) days after the Effective Date, as provided in Section 65868.5 of the Development Agreement Act. 5. Effect of Amendment. Except as expressly modified herein, the Agreement is unmodified, is hereby ratified and affirmed, and will remain in full force and effect in accordance with its terms. If there is any inconsistency between the terms of the Agreement and the terms of this First Amendment,the provisions of this First Amendment shall govern and control. IN WITNESS WHEREOF, this Agreement is executed as of the day and year first above written. CITY OCR THE CITY OF ORANGE, OC RECLAMATION,LLC, a California municipal corporation a California limited liability company By: IV,J1KL1"12 By: Daniel R. Slater, Mayor Trevor Wood,President TIES Patnela Coleman, City Clerk APPROVED AS TO FORM: d Nathalie Adourian, City Attorney NOTARY ACKNOWLEDGEMENTS ATTACHED] First Amendment to Development Agreement 3 Pit," to CITY via one or more grant deeds or similar conveyance instrument approved by the City Attorney. The Dedicated Property shall be conveyed and transferred to CITY in its"AS-IS,""WHERE IS,WITH ALL FAULTS"condition, free of any retained rights of reversion, repurchase, future interests, or other conditions in favor of OCR,and CITY shall thereafter hold the Dedicated Property in its sole and exclusive ownership. 3. Conveyance. OCR shall execute a grant deed conveying the remainder of its interest in the Dedicated Property to the City concurrently upon execution of this First Amendment. 4. Recordation. This First Amendment shall be recorded by the City Clerk in the Official Records of Orange County within ten (10) days after the Effective Date, as provided in Section 65868.5 of the Development Agreement Act. 5. Effect of Amendment. Except as expressly modified herein, the Agreement is unmodified, is hereby ratified and affirmed, and will remain in full force and effect in accordance with its terms. If there is any inconsistency between the terms of the Agreement and the terms of this First Amendment,the provisions of this First Amendment shall govern and control. IN WITNESS WHEREOF, this Agreement is executed as of the day and year first above written. CITY OCR THE CITY OF ORANGE, OC RECLAMATION,LLC, a California municipal corporation a California limited liabili mpany By: By: Daniel R. Slater,Mayor T or Wood, President ATTEST: Pamela Coleman,City Clerk APPROVED AS TO FORM: Nathalie Adourian, City Attorney NOTARY ACKNOWLEDGEMENTS ATTACHED] First Amendment to Development Agreement 3 12/18/25, 10:16 AM Batch 20355063 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder Mgr 7?6.5 • II II II III 1111111 liii MI II NO FEE R 0 0 1 5 9 6 0 2 7 3 $ * RECORDING REQUESTED BY AND 2025000350331 09:50 am 12118125 WHEN RECORDED MAIL TO: 486 Ex5 G02 A04 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 0.00 0.00 CITY OF ORANGE c/o City Clerk 300 East Chapman Avenue Orange,California 92666 MAIL TAX STATEMENTS TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO REV, &TAX, CODE SECTION 11922 Exempt—Recording Requested Under Government Code Sections 6103 and 27383 DONATION GRANT DEED OC RECLAMATION,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY("Grantor")does hereby REMISE,RELEASE AND FOREVEVER grant,along with all right,title and interest Grantor may have in the certain real property(the"Property")situated in the City of Orange,County of Orange,State of California,as more particularly described and depicted on Exhibit A and Exhibit B,respectively,which are attached hereto and made a part hereof, to the CITY OF ORANGE, A MUNICIPAL CORPORATION("Grantee"), free of any retained rights of reversion,repurchase, future interests,or other conditions in favor of Grantor,and Grantee shall thereafter hold the Property in its sole and exclusive ownership. For the sake of clarity, Grantor expressly and specifically hereby relinquishes any right to repurchase the Property and any restriction on Grantee's right to use or dispose of the Property under(a) that certain Development Agreement dated November 10, 2024 (recorded as Document No. 2024000295095)by and between Grantor and Grantee; (b)the Grant Deed dated November 15, 2024 recorded as Document No.2024000299872);or(c)any other document or instrument.This grant is made as a donation by Grantor to Grantee, free of consideration. OC RECLAMATION, L A California limited Ha! company DATED: 1276 Zr By:OR WOOD, PRESIDENT https://gs.secure-erds.com/Batch/Confirmation/20355063 1/2 EXHIBIT A LEGAL DESCRIPTION PARCEL 2: In the City of Orange, County of Orange, State of California,being a portion of Lot 5,Block"A" of the land of OGE and Bond, as shown on a Map recorded in Book 3, Pages 430 and 431 of Miscellaneous records of Los Angeles County, California, together with a portion of that land described in Grant Deed recorded February 15, 1956 as Instrument No. 3398-400 of Official Records, in the office of the County Recorder of said County,being more particularly described as follows: COMMENCING at the Northwest corner of the land conveyed to L. Warner Taylor by deed recorded in Book 526, at Page 240 of Deeds,records of Los Angeles County,Califomia,said comer also being the centerline intersection of Santiago Canyon Road and Santiago Boulevard as shown on Record of Survey filed in Book 291,Page 38 of Record of Surveys,Records of Orange County; Thence northerly along the centerline of Santiago Boulevard,North 17°51'36"West,a distance of 786.15 feet; Thence North 16°21'09"West,a distance of 40.72 feet; Thence easterly leaving said centerline of Santiago Boulevard,North 73°38'51"East,a distance of 30.00 feet to the easterly right of way of the 30.00 foot half-width of Santiago Boulevard,said point also being the TRUE POINT OF BEGINNING; Thence easterly leaving said easterly right of way,North 72°08'24"East,a distance of 73.94 feet; infD N Thence South 17°51 '36"East,a distance of 220.60 feet; 0 N Thence South 21°04'12"East,a distance of 217.87 feet; Thence South 47°40'42"East,a distance of 71.01 feet; Thence North 79°19'25"East,a distance of 129.51 feet; Thence South 72°27'44"East,a distance of 45.59 feet; Thence South 54°44'41"East,a distance 54.42 feet; Thence North 66°22'40"East,a distance of 191.64 feet; Thence North 64°56'47"East,a distance of 9.78 feet; Thence North 28°55'56"East,a distance of 51.28 feet; Thence North 14°19'50"West, a distance of 93.97 feet; Thence North 8°18'56"East,a distance of 20.16 feet; Thence North 20°43'20"East,a distance of 14.21 feet; Thence North 35°40'40"East,a distance of 27.93 feet; Thence North 43°47'29"East,a distance of 27.33 feet to the easterly line of said Lot 5; Thence northerly along said easterly line,North 17°09'39"West,a distance of 860.62 feet to the northerly line of Deed recorded February 15, 1956 as Instrument No.3398-400,in the office of the County Recorder of said County; Thence southwesterly along said northerly line, South 49°27'O1"West,a distance of 665.06 feet to the easterly right of way of said Santiago Boulevard as shown on said Record of Survey; Thence southerly along said easterly right of way,South 09°49'58"East,a distance of 118.33 feet; Thence South 10°12'44"West,a distance of 11.18 feet; Thence South 16°21'09"East,a distance of 99.35 feet to said TRUE POINT OF BEGINNING. Containing an area of 11.68 Acres,more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. Subject to: Covenants,conditions,restrictions,reservations,easements and Right of Ways of record,if any. toco O N EXHIBIT B DEPICTION OF PROPERTY N A 110V 1 N i 110- v W/ A o I,, N O N PARCEL 2 7z r 0 o 00c 3;, c) skok°0 IOW a,, 4stz& GO 41" 10. SO .4 00% CERTIFICATE OF ACCEPTANCE Government Code Section 27281) This is to certify that the interest in real property conveyed by this Donation Grant Deed from OC Reclamation, LLC, a California Limited Liability Company, to the City of Orange, a municipal corporation of the State of California, is hereby accepted by the Director of Public Works of the City of Orange on behalf of the City Council of the City of Orange, pursuant to the authority conferred by Resolution No. 8388 of the City Council adopted on October 11, 1994, and consents to recordation thereof by its duly authorized officer. Dated: December 18, 2025 CITY OF ORANGE, a California municipal corporation By: Christopher Cash Director of Public Works APPROVED AS TO FORM: Nathalie Adourian, City Attorney