HomeMy WebLinkAboutAttachment E, Exhibit 1, V - Amendment to Bill of SaleEXHIBIT V
Amendment to Bill of Sale
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AMENDMENT NO. 1 TO BILL OF SALE
FOR FORMER MILITARY PERSONAL PROPERTY
LOCATED AT
THE FORMER MARINE CORPS AIR STATION, TUSTIN
THIS AMENDMENT NO. 1 TO BILL OF SALE (this "Amendment No. 1 "), is made
this day of . , 2013 by and between the CITY OF TUSTIN ( "City"), a municipal
corporation organized under the laws of the State of California, and the SOUTI -I ORANGE
COUNTY COMMUNITY COLLEGE DISTRICT, a public agency ( "SOCCCD ").
• RECITALS
A. Pursuant to that certain Bill of Sale for Former Military Personal Property
Located at the Former Marine Corps Air Station, Tustin dated April 22, 2004 (the "Original Bill
of Sale "), City conveyed to SOCCCD certain "Personal Property" related to certain real property
conveyed or leased to SOCCCD under the "SOCCCD Agreement" (as the quoted terms are
defined in the Original Bill of Sale).
B. Pursuant to that certain Quitclaim Deed and Environmental Restriction Pursuant
to Civil Code Section 1471 dated April 22, 2004 and recorded on April 29, 2004 in the Official
Records of Orange County, California (the "Official Records ") as Instrument
No. 2004000369376 (the "2004 Deed "), City conveyed to SOCCCD fee title to certain real
property in the City of Tustin, County of Orange, State of California more particularly described
in Exhibit "A" attached thereto (the "Original SOCCCD Fee Property").
C. Pursuant to that certain Development Agreement and Amended and Restated
Agreement Between the City of Tustin and the South Orange County Community College
District for Conveyance of a Portion of MCAS Tustin and the Establishment of an Advanced
Technology Educational Campus between City and SOCCCD dated , 201_ and
recorded on , 2013 as Instrument No. in the Official Records (the
"Development Agreement "), City and SOCCCD agreed to amend and restate the SOCCCD
Agreement in its entirety.
D. Pursuant to that certain Amended and Restated Declaration of Covenants,
Conditions and Restrictions and Environmental Restriction Pursuant to Civil Code Section 1471
of even date herewith and to be recorded in the Official Records (the "Restated Declaration "),
City and SOCCCD have agreed to amend and restate the declaration of covenants, conditions
and restrictions set forth in the 2004 Deed, with respect to that portion of the Original SOCCCD
Fee Property currently owned by SOCCCD, as more particularly described in Exhibit "A"
attached to the Restated Declaration.
E. City and SOCCCD desire to amend the Original Bill of Sale in order to conform
the Original Bill of Sale to the Development Agreement and the Restated Declaration.
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NOW THEREFORE, in accordance with the foregoing and in consideration of the
promises and mutual covenants hereinafter set forth, City and SOCCCD agree to amend the
Original Bill of Sale as follows:
1. Confirmation of Transfer. City and SOCCCD agree and confirm that title and
ownership of the Personal Property was transferred to SOCCCD pursuant to the Original
Bill of Sale and the 2004 Deed.
2. Conditions. The transfer of the Personal Property shall be subject to all of the
conditions, covenants, restrictions and other terms of Section 3 of the Restated Declaration, all of
which are incorporated herein as if set forth in full. Accordingly, Sections 2 and 3 of the
Original Bill of Sale are hereby deleted in their entirety.
3. Development Agreement. All references in the Original Bill of Sale to the
SOCCCD Agreement shall be deemed to refer to the Development Agreement.
4. Full Force and Effect. Except as modified by this Amendment No. 1, the Original
Bill of Sale shall remain in full force and effect.
5. Counterparts. This Amendment No.1 may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment
No. 1 on the date first written above.
CITY OF TUSTIN: SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT:
By: By:
Name: Jeffrey C. Parker Name: Gary Poertner
Title: City Manager Title: Chancellor
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