Deferred Agricultural Mitigation Agreement - Luchessa Road LLC - Amendment No. 1
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Accom: 06-4331-012
DOCUMENT: 19210558
Pages:
7
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
II II III 111111 11IlI1111 II
Fees. .
Taxes.
Cop i es. .
AMT PAID
25.00
25.00
City of Gilroy
Attn: Rhonda Pellin, City Clerk
7351 Rosanna Street
Gilroy, CA 95020
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
First American Title Company
RDE ** 010
12/04/2006
8:00 AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FIRST AMENDMENT TO AGREEMENT FOR
DEFERRED AGRICULTURAL MITIGATION
AND ASSIGNMENT
THIS FIRST AMENDMENT TO AGREEMENT FOR DEFERRED AGRICULTURAL
MITIGATION AND ASSIGNMENT is entered into by and between the City of Gilroy, a
California municipal corporation ("City"), Luchessa Road, LLC, a California limited
liability company ("Developer"), and Vince Giacalone and Michael McDermott
(collectively referred to as "Assignee"), on this Z-,1..~-r day of November, 2006
("Effective Date").
RECITALS
A. City and Developer entered into an Agreement for Deferred Agricultural
Mitigation Agreement (the "Agreement") on or about January 23, 2006. The Agreement
was recorded in the official records of the County of Santa Clara on February 9, 2006.
B. By its Resolution No. 2006-02 on April 12, 2006, the Local Area Formation
Commission of Santa Clara County approved the City of Gilroy's request to include the
Property [as hereinafter defined] into the Gilroy Urban Service Area ("USA") with the
approval conditioned on amendment of the Deferred Agricultural Mitigation Agreement
between Gilroy and Luchessa Road LLC to include the following:
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1. Payment of mitigation fees at the earlier of approval of the First
Tentative Map or two (2) years after LAFCo's action to include the
Property within the USA (the "USA Expansion");
2. The requirement that mitigation must be provided for all of the
25.69 acres without further exemption; and
3. The requirement that the in-lieu fees must include the costs of
easement program administration, outreach to landowners and
monitoring of established easements as required by Gilroy's
Agricultural Mitigation Policy.
C. Developer has requested that City consent to assignment of the
Agreement to Developer's principals, Vince Giacalone and Michael McDermott.
NOW, THEREFORE, in consideration of the foregoing recitals and of the
covenants and conditions contained herein, the Parties agree as follows:
1. The Agreement for Deferred Agricultural Mitigation entered into by City
and Developer on January 23, 2006, and recorded in the official records of the County
of Santa Clara as Document 18801700 is incorporated herein by this reference as
though fully set forth herein. This Amendment relates to and affects Developer's
property consisting of approximately twenty-five and 69/100 (25.69) acres, located in an
unincorporated area of Santa Clara County, contiguous to the City of Gilroy and within
its sphere of influence, which Property is further described in the attached Exhibit A.
2. Section 3 of the Agreement is hereby amended to read:
3. Determination of Developable Area. The Developable
Area for purposes of the Agreement shall be 25.69 acres.
3. Section 4 of the Agreement is hereby amended to read:
4. Appraisal. Concurrently with the filing of an application to
the City for the first tentative map in connection with the Property, City
shall require Developer to pay a deposit of no less than Five Thousand
Dollars ($5000) to be used toward costs of the appraisal and City costs in
connection therewith, including the costs of easement program
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administration, outreach to landowners and monitoring of established
easements as required by Gilroy's Mitigation Policy. The City shall give
the Developer a list of not fewer than two eligible appraisers who have the
MAl designation and have experience in appraising properties in the
South County area, from which list Developer may select the appraiser.
Upon approval of the first tentative map, City shall cause the appraiser to
determine the fair market value of the development rights for the Mitigation
Land. City, at City's sole option, (i) may from time to time require a further
deposit or deposits from Developer to cover the price of the appraisal and
all administrative and transactional fees, including staff time and attorneys'
fees, incurred by the City on a cost recovery basis; or (ii) bill the
aforementioned costs to the Developer, minus the deposit, after
completion of the appraisal. Developer shall pay said costs within ten (10)
days of receiving such invoice from City.
4. Section 5 of the Agreement is hereby amended to read:
5. Calculation and Payment of Aaricultural Mitiaation Fee.
After completion of the appraisal, City will calculate the Agricultural
Mitigation Fee and provide Developer with its written determination
thereof. Payment of the Agricultural Mitigation Fee shall be made as
condition of the tentative map, to which condition Developer consents and
agrees not to object, appeal, or protest. Developer shall pay the
Agricultural Mitigation Fee, minus any unused and unencumbered
deposits made by Developer to City at the earlier of (i) the approval of the
First Tentative Map or (ii) (2) years from the date of LAFCo's action on the
USA Expansion. Adjustment of the Agricultural Mitigation Fee established
hereunder is limited by the Policy to no more than every two years.
5. The duties and responsibilities under the Agreement and this Amendment
are hereby assigned to Vince Giacalone and Michael McDermott who agree to be
bound by all the provisions of the Agreement.
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6. Except as herein amended, the terms and conditions of the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to Agreement for Deferred Agricultural Mitigation and Notice of
Assignment.
DEVELOPER:
CITY:
LUCHESSA ROAD, LLC
CITY OF GILROY
mott Management, LLC
liability company, its Manager
Social Security or Taxpayer
Identification Numb
zo- 8>.:L-Z
Approved as to Form
AD
,.1 ~ndy' Faber '""'.
I \'C, ) ity Attorney
Atte$l:
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Rhonda Pellin
City Clerk
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STATE OF CALIFORNIA } ss.
COUNTY OF S(^\.e~ GOil'{
On \JWQ(Y\.'g."..{~m,re me, "'-A.a~C{
appeared ~ iC_ me ~rJ'\.6-rt-
'r(J.. personally known to me -OR- 0
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j' Santa Clara County -
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Cia Notary Public
m'l1- , personally CAPACITY CLAIMED BY SIGNER
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 hislher/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.
-5-
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
D INDIVIDUAL
D CORPORATE OFFICERS(S)
TitIe(s)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
STATE OF CALIFORNIA
COUNTY OF ~k C~
} "
b 1 a Notary Public
On \J6vC-1Y\.Ioz-r ~l,~efore me, MQ~Q CC)(-\t'Z., personally CAPACITY CLAIMED BY SIGNER
appeared V ~t'\ ce G, u. ( tL \ on e..
~ersonal1Y known to me -OR- 0
.....---.....--...........1
If" ... ..... MARIA CORTEZ
ta eommlsSlon# 1493447
-, Nota~ PublIC. California l
l -. Santa Clara Counly
." ' My Comm. Expires Jun 1,2008
\LAC\678713,2
01-011306-04706107
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.
OTARY
-6-
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
D INDIVIDUAL
D CORPORATE OFFICERS(S)
Title(s)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: First Amendment to Agreement for Deferred Agricultural
Mitigation and Assignment
On November 29,2006, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature 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-Public
J...................................................
RHONOA PELUN
-@ Commission # 1581056 ~
i. Notary Public . California i
Santa Clara County -
Mv Conm. expires Jill 19, 2
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)