Regency Group - Development Agreement - Minor ModificationRECORDING REQUESTED BY
AND WHEN RECORDED, RETURN TO:
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020 -6190
Attention: City Administrator
DOCUMENT: 18411813
IIIIIIIIIIIIIIII�IIIIIIII�IIIIN «Pe;, ...
AMT PA I D
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
MINOR MODIFICATION
To
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF GILROY
AND
REGENCY REALTY GROUP, INC.
OPERATING MEMORANDUM NUMBER ONE
\NVH1607793 3 1
Pages 7
25.00
RDE # 011
6/09/2005
10 07 AM
MINOR MODIFICATION TO DEVELOPMENT AGREEMENT
OPERATING MEMORANDUM NUMBER ONE
This Minor Modification to Development Agreement Operating Memorandum Number
One (this "Memorandum ") is made and entered into as of this L(-<\— day of May, 2005, by
and between Regency Realty Group, Inc., a Florida corporation ( "Regency ") and the City of
Gilroy, a California municipal corporation ( "City "). This Memorandum modifies that certain
Development Agreement Between City of Gilroy and Regency Realty Group, Inc., dated
February 5, 2003, and recorded in the Office of the Santa Clara County Clerk - Recorder on
March 7, 2003, as Document No. 16871015 (the "Development Agreement ").
Recitals
This Memorandum is made on the basis of the following facts, understandings, and
intentions of the Parties.
A. Regency and City are Parties to the Development Agreement, which relates to the
development of a Project on Regency's Property on seven (7) parcels, identified therein as
Assessor's Parcel Numbers (APNs) 841 -70 -018, 841 -70 -019, 841 -70 -021, 841 -67 -020, 841 -67-
022, 841 -70 -017 and 841 -17 -088, located in the City of Gilroy.
B. Section 3.7 of the Development Agreement provides that the Parties may enter
into operating memoranda from time to time as necessary or appropriate to administer and
implement the provisions of the Development Agreement. Since entering into the Development
Agreement, Regency has made certain minor modifications to the Site Plan and has recorded a
final map subdividing the Property. In addition, certain other modifications have occurred with
respect to the Property, including lot line adjustments and the vacation and abandonment of
Brem Lane, as contemplated by Section 4.5 of the Development Agreement.
C. The Parties desire to enter into this Memorandum in order to confirm these minor
changes to the Site Plan and the current legal description of the Property based on the matters
which have occurred as outlined in Recital B. above.
D. The City Attorney has determined that this Memorandum is the appropriate
means by which to memorialize the matters specified in these Recitals. The City Attorney's
determination is based upon an analysis by City Staff pursuant to CEQA that the minor changes
in the Project reflected by the matters specified in these Recitals do not require any further
environmental review because the Project was, when approved by City, subjected to CEQA
review and the matters specified in these Recitals do not constitute "changed circumstances" with
respect to the Project requiring further review under CEQA.
E. In order to effectuate the foregoing and memorialize the matters specified in these
Recitals, the Parties desire to enter into this Memorandum.
F. The Parties have determined to record this Memorandum in the records of Santa
Clara County because it modifies the Development Agreement and affects the respective rights
of the parties thereunder. Furthermore, this Memorandum changes the Site Plan of the Project to
reflect subdivision and lot line adjustments of parcels and abandonment of a street, and thereby
XNVHM7793 3 n
gives rise to the right of Regency to transfer title to portions of its property and with respect to
the abandoned street, and the duty on the part of the City to recognize such rights.
NOW, THEREFORE, based upon the foregoing recitals and the mutual covenants and
conditions contained herein, the Parties hereby agree as follows:
1. Defined Terms. Except as otherwise specified in this Memorandum, all terms
defined in the Development Agreement shall have the same meaning when used in this
Memorandum, including use thereof in the Recitals.
2. Revisions to Property Legal Description. The legal description of the Property set
forth on Exhibit E to the Development Agreement is replaced in its entirety by the current legal
description of the Property set forth on Exhibit 1 attached hereto and incorporated herein by
reference.
3. Revisions to Site Plan. The Site Plan attached to the Development Agreement as
Exhibit G is replaced in its entirety by the Site Plan attached to this Memorandum as Exhibit 2
and incorporated herein by reference. The Parties understand and agree that the modifications to
the Site Plan do not effect an increase in the over -all allowed square footage of buildable space
of the Project.
4. PurWose and Effect of Memorandum. This Memorandum is entered into by the
Parties to implement and administer the Development Agreement to reflect the current legal
description of the Property and the current Site Plan governing the Project. It is intended to
confirm the current legal description of the project and not to create any new obligations as to
any third party not a Party to the Development Agreement. It shall be recorded in the records of
Santa Clara County, but shall not constitute an amendment to the Development Agreement
requiring public notice or hearing. It shall be attached to the Development Agreement in the
files of the City Clerk and shall become a part thereof. All provisions of the Development
Agreement shall remain in full force and effect, enforceable in accordance with their terms.
WHEREFORE, the Parties hereto have executed this Memorandum as of the date first
above written.
Dated: S— ' -`-0 J
REGENCY REALTY GROUP, INC., a Florida corporation
By:
Thoma ng
Its Sen resident
CITY OF ROY, a California municipal corporation
Dated: �' - 2 ? - v `j By:
Jay Baksa
Its City Administrator
Approved as to form:
Linda A. Callon, City Attorney
\NVH\607 -M 3
Exhibit 1
Revised Exhibit E
LEGAL DESCRIPTION FOR THE
DEVELOPMENT AGREEMENT
GILROY CROSSING
All that real property situated in the City of Gilroy, County of Santa Clara, State of California
and being all of lots 1, 2, 3 and 4 as shown on "Tract No. 9487 Gilroy Crossing ", filed for record
in the Office of the Recorder of Santa Clara County on July 8, 2003 in Book 762 of Maps, at
Pages 20 -25 inclusive and also being all of Parcel 2 and Parcel 3 as shown and described in that
certain "Certificate of Compliance No. 2003 -10 ", (lot line adjustment) filed for record in the
office of the recorder of said County on December 10, 2003 in Document No. 17520707 which
includes all that portion of the now abandoned Brem Lane described in that certain Quitclaim
Deed to Regency Realty Group, Inc. A Florida Corporation, filed for record in the Office of the
Recorder of Santa Clara County on October 6, 2003 in Document No. 17397359 and also that
additional portion of said abandoned Brem Lane adjoining said lot 1, filed for record in
Document no. 17397360.
Said property contains 46.96 acres, more or less.
NWHX607723 3
STATE OF CALIFORNIA
ss.
COUNTY OF n Cc CpS+Q
Cor+e4'
On111 c J0 before me,ShAnnen yY1iCY�ue� personally
appeared Thomas 9. En hey -Q, ,
® personally known to me -OR- ❑
SHANNON MICHAEL CARTER
Commission #t 1515316
-.s Notary Publk - California
Contra Costa County
T^ Comm. Explres Sep 25, 2008
INVHM7723 3
proved to me on the basis of satisfactory
evidence to be the personH whose
name(s) is/a>e subscribed to the within
instrument and acknowledged to me that
he /shefthey executed the same in
his/hwAhek authorized capacity(3es),
and that by his/13erAheir signature(s) on
the instrument the person(*} or the
entity upon behalf of which the
person(* acted, executed the
instrument.
WITNESS my hand and official seal.
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SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
❑ INDIVIDUAL
YORPORATE OFFI -CERS(S)
en,
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Title(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
R a kea E4 Group, lh C.
STATE OF CALIFORNIA
ss.
COUNTY OF 5,gviACL ,iPA
On 3uu,= i , zae S before me, t'Arg, ein K. acu%3C�/ personally
appeared M I C H A B L- - IZ. D o r- ni
personally known to me -OR- ❑
proved to me on the basis of satisfactory
evidence tp be the person(s) whose
name(s) (is *e subscribed to the within
instrument and acknowledged to me that
g he /they executed the same in
Per/their authorized capacity(ies),
and that by� S er /their signature(s) on
the instnunent the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instnunent.
WITNESS my hand and official seal.
SIGNATURE OF OaARY
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CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
❑ INDIVIDUAL
❑ CORPORATE OFFICERS(S)
Title(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
Name of Person(s) or Entity(ies)
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