Hoey Family Partnership Cancellation LetterHoey Family Partnership
July 1, 2015
City of Gilroy
Office of the City Clerk
Shawna Freels, City Clerk
7351 Rosanna Street
Gilroy, CA 95020
Dear Ms. Freels,
2480 Hecker Pass Hwy
Gilroy, CA 95020
408 - 757 -6425
This is to inform you that Hoey Family Partnership has sold and conveyed its land assets and will not be engaging in
further business activities. Therefore, the Hoey Family Partnership shall dissolve its business operations.
All obligations of Hoey Family Partnership to the City of Gilroy under the Development Agreement with respect to
APN 810 -20 -020 have been assigned to and assumed by Meritage Homes of California, Inc. and all obligations of
Hoey Family Partnership to the Hecker Pass Property Owners Association under the Memorandum of
Understanding with respect to APN 810 -20 -020 have been assigned to and assumed by Meritage Homes effective
September 19, 2014. Copies of the Grant Deed to Meritage and the Assignment and Assumption Agreement relating
to the Development Agreement were sent to you by Meritage under cover of letter dated October 8, 2014.
All obligations of Hoey Family Partnership to the City of Gilroy under the Development Agreement with respect to
APN 810 -20 -018 and APN 810 -20 -019 (the commercial parcels south of Hecker Pass) have been assigned to and
assumed by Jim and Debra Hoey and all obligations of Hoey Family Partnership to the Hecker Pass Property Owners
Association under the Memorandum of Understanding with respect to APN 810 -20 -018 and APN 810 -20 -019 have
been assigned to and assumed by Jim and Debra Hoey effective October 6, 2014. A copy of the Grant Deed to Jim and
Debra Hoey and the Assignment and Assumption Agreement relating to the Development Agreement are enclosed
herewith.
The Hoey Family Partnership is in the process of filing for its Certificate of Cancellation with the California Secretary
of State. If there are any outstanding matters, relating to business prior to December 31, 2014, that Hoey Family
Partnership needs to address with the City of Gilroy, please send a notice to: Hoey Family Partnership, Attn: Barbara
Armenta, 2485 Hecker Pass Hwy, Gilroy, CA 95020) as soon as possible and in any event within one hundred twenty
(120) days of the date of your receipt of this notice. Any claim against Hoey Family Partnership will be barred if not
received by such deadline.
Additionally, should Hoey Family Partnership possess any licenses or have any outstanding bills, please advise me of
the process to close such matters. Please reply as soon as possible with the items I need to complete, or if there are
none, please let me know.
As you are aware, our family owns land north of Hecker Pass Hwy. The entity that owns and operates the north land
is Hoey Ranch Company. That Company remains active and is not part of the business cancellation mentioned above.
Sincerely,
Barbara Armenta
Managing General Partner
Hoey Family Partnership
barmenta97 @gmail.com
cc:
-- City Planning Department (letter only)
-- James & Debra Hoey (letter and enclosures)
Enclosures
, y
RECORDING REQUESTED BY
FIb AIIQE�13Rva& LE
RECORDING �// REQUESTED BY
AND WHEN RECORDED, MAIL
TO:
City Clerk
City of Gilroy City Hall
7351 Rosanna Street '
Gilroy, California 95020
I •D'OCUM'ENT• .2.273.3668
Pages: 7
Fees ;.
43.. 00
Taxes:.
Copies.
I` AMT PAID 43..00.
REGINA ALCOMENDRAS RDE 0 005' 1
SANTA CLARA COUNTY RECORDER 10/06/28.T4
'Recorded at' the request of 9 :08 AM
R ®cording Service
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S
USE)
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ( "this Agreement ") is
made and entered into as of 40M&elt Z- , 2014, by and between the THE HOEY
FAMILY PARTNERSHIP, a California limited partnership ( "Transferor") and JAMES W.
HOEY AND DEBRA J. HOEY, OR THEIR SUCCESSOR(S), TRUSTEES UNDER
REVOCABLE TRUST AGREEMENT DATED APRIL 12, 1991, AS AMENDED
( "Transferee ").
RECITALS
A. Transferor or a predecessor in interest of Transferor entered into that certain
City of Gilroy Development Agreement Relative to the Development Known as Hecker Pass
Specific Plan (the "Development Agreement'l with the City of'Gilroy ( "City') dated February
5, 2007, which was recorded on April 17, 2008 as Document No. 19817205 of the Official
Records of Santa Clara County, California, pursuant to which Transferor as a member of a
group of property owners agreed to build certain public improvements as a condition to City
granting Transferor vested rights to develop certain property more particularly described in said
Development Agreement as a portion of the "Subject Property", all as subject to certain terms
and conditions set forth in the Development. Agreement.
B. Transferor has agreed to convey and assign to Transferee all of Transferor's
interests in a portion of the Subject Property, as legally described on Exhibit One attached
hereto (the "Assigned Property"), by a deed or other written instrument, which will be recorded
in the Official Records of -Santa Clara County, California concurrently with the recordation of
this instrument. Transferor also has agreed to assign to Transferee all of Transferor's rights,
duties and obligations under the Development Agreement 'with respect to the Assigned
Property, with the intent that Transferor be relieved of all such rights, duties and obligations, as
authorized under Article 8 of the Development Agreement.
C. Transferee desires to assume all of Transferor's rights,, duties and obligations
under the Development Agreement with respect to the Assigned Property and to relieve
Transferor of all of said assigned rights, duties and obligations in reference to the Assigned
Property. -
:r
NOW, THEREFORE, Transferor and Transferee hereby agree as follows:
1. Transferor hereby assigns, effective as of Transferor's conveyance of the
Assigned Property to Transferee, all of the rights, title and interest of Transferor under the
Development Agreement with respect to the Assigned Property.
2. Transferee hereby contractually assumes all of the burdens and obligations of
Transferor under the Development Agreement, and agrees to observe and fully perform all of
the duties and obligations of Transferor under the Development Agreement, and to be subject
to all the terns and conditions thereof, with respect to the Assigned Property, it being the
express intention of both Transferor and Transferee that, upon the execution of this Agreement,
Transferee shall become substituted for Transferor as a member of "Applicant" under the
Development Agreement with respect to the Assigned Property. It also is the express intention
of both Transferor and Transferee that by this Agreement, Transferor shall be relieved of all
obligations under the Development Agreement with respect to the Assigned Property, including
without limitation any associated obligation to construct or finance construction of the Major
Public Improvements or to pay a portion of the Public Benefit Fee (as defined in the
Development Agreement), and that City and all other parties shall look solely to Transferee for
satisfaction of such obligations. Transferee agrees to indemnify, defend and hold Transferor
harmless from any claims, damages, liabilities, penalties, fines, causes of action, lawsuits, and
other proceedings and costs and expenses in connection therewith, including reasonable
attorneys' fees and costs, arising from City or other parties attempting to impose upon
Transferor obligations that the parties intend Transferee to assume by this Agreement.
Transferee represents and covenants that it has reviewed and agrees to be bound by the
Development Agreement and all applicable regulations and approvals of City related thereto.
3. Transferor has previously assigned all reimbursements and credits, if any,
available on account of any prior payments by Transferor toward the Public Benefit Fee under
Section 7.7 of the Development Agreement, to Meritage Homes of California, Inc.
("Meritage ") pursuant to the Assignment and Assumption Agreement between Transferor and
Meritage recorded September 19, 2014, as Document No. 22711601 of the Official Records of
Santa Clara County, California.
4. All of the covenants, terms, and conditions of the Development Agreement or
set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and
their respective heirs, successors and assigns.
5. The Notice Address described in the Development Agreement for Transferee
with respect to the Assigned Property shall be as follows:
James W. Hoey and Debra J. Hoey, or their successor(s),
Trustees under Revocable Trust Agreement dated April l2, 1991,
as amended
2480 Hecker Pass Hwy
Gilroy, CA 95020
Telephone: (408) 483 -0468
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date
first above written.
TRANSFEROR: THE HOEY FAMILY PARTNERSHIP, a California
limited partnership
TRANSFEREE:
By: /
Name: Barbara A. Armenta
Its: General Partner
By.
Name: arj a F. Siverson
Its: Gene artner
By: , k-L
Name: ' es W. Hoey
Its: Genktal Partner
W zk (Lag rLp-
JAM W. HOEY, TRINTEiZ UNDER
REVOCABLE TRUST AGREEMENT DATED
APRIL 12,1991, AS AMENDED
Z" -f �,'—hake
DEBRA J. HOE*JrRusTEtJUNDER REVOCABLE
TRUST AGREEMENT DATED APRIL 12,1991, AS
AMENDED
3
STATE OF CALIFORNIA )
COUNTY OF S + C[2dA- � ss.
OnDd4w A. , 2014, before me, Jill R4awlks R , Notary Public,
Date Name of Notary
personally appeared �, tt/e spi d*4 lwy
ame(s) Xf Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) .W/are
subscribed to -the within instrument and acknowledged to me that hoWe /they executed the same
in hjA& /their authorized capacity(ies), and that by hisRfer /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.
1
JILL FOVVLKS
Commisslon # 1931345
$ Notary Public - California D
- Santa Clara County
My Comm. Ex Tres Apr 2B, 2015
Place Notary Seal Above V4"ature of Notary Public
FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA )
�►I
) ss.
COUNTY OF � b CIUA . )
On DODW Z- . 2014, before me, Jill F0W1kS f , Notary Public,
Date Naive of No tary
personally appeared J a~5 W. Rm--i aftd Ticlpr* A. 14 oe N
- ame(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware
subscribed to-the within instrument and acknowledged to me that he/&Wthey executed the same
in r /their authorized capacity(ies), and that by }/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.
JILL FOWLM8
Commission � 19S1S45 =
_ Notary Public • C HOrnla
= gonna Clara County
M Comm. E Tres A r 28.2C15
Place Notary Sea! Above Signature of Notary Public
FOR NOTARY S L OR STAMP
EXHIBIT ONE
Assignment and Assumption Agreement
Legal Descriptions of the Subject Property
All of that real property in the City of Gilroy, County of Santa Clara, State of California,
more particularly described as follows attached to this Exhibit One and made a part hereof
r
Real Property in the City of Gilroy, County of Santa Clara, State of California, described as +
follows:
Parcel One
All of Parcel 1, as said Parcel is shown upon that certain Map entitled, "Parcel Map ", which Map
was filed for record in the Office of the Recorder of the County of Santa Clara, State of
California on September 10, 2008 in Book 827 of Maps at Pages 12 and 13.
Parcel Two
All of Parcel 2, as said Parcel is shown upon that certain Map entitled, "Parcel Map ", which Map
was filed for record in the Office of the Recorder of the County of Santa Clara, State of
California on September 10, 2008 in Book 827 of Maps at Pages 12 and 13.
APN: 810 -20 -01.8, 810 -20 -019
RECORDING REQUESTED BY
FIRST AMERICAN TITLE
Ol � I- (dP20,3g494&
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
James W. Hoey
'2480 Hecker Pass Hwy
Gilroy, California 95020
Mail Tax Statements to:,
James W. Hoey
2480 Hecker Pass Hwy
Gilroy, California 95020
D O GU M E k T': 2.2:7.3.3667 i" Pages-: 3
I Fees.... 21_,00
Taxes... — Conf **
Copies.,
AMT PA'I D 21 .60,
'REGMA. ALCOMENDRAS IRDE #' 805
u:1
SANT,l1 CLARA COUNTY RECORDER- 10/06/2014
Recorded at the request -of %:88 AM
;F2eoorcJ
The undersigned,grantor or its agent declares:
Documentary Transfer Tax is shown on a separate sheet attached to this
deed and is not a part of the public record pursuant to Revenue and
T ion Code Sc�
M 11932.
/ W, fxr "l
A.P.N.s 810 -20 -018 and 810 -20-019 "
0�
GRANT DEED D, RECORD.STAMP VALUE
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE HOEY FAMILY PARTNERSHIP, a California limited partnership ("Grantor")
hereby GRANT(S) to JAMES W. HOEY AND DEBRA L HOEY, OR THEIR SUCCESSOR(S), TRUSTEES UNDER
REVOCABLE TRUST AGREEMENT DATED APRIL 12, 1991, AS AMENDED ( "Grantee ")
that certain real property in the City ofGiltoy, County of Santa Clara, State'of California, as legally described in Exhibi
A attached hereto and made a part hereof (the "Property ").
This grant is made subject to all matters of record affecting-the Property described in Exhibit A attached hereto and made
a part hereofand all matters-that would be:disclosed by a-reasonable inspection and/or current survey of such Property.
Dated: 00MA 2- , 2014
Mail Tax Statements To: Same As Provided Above
4830.1242.60162
SLA17571001
THE HOEY FAMILY PARTNERSHIP,
a California limited partnership
By:
Name,: Barbara A- Armenta
Title: Canarall Partner
ff _ %., / /I -
Name: Malffarle F.
Title: Geveral Per
By.:
Name: J
Title: G
STATE OF CALIFORNIA)
COUNTY OF Saar {A G
On al ►d' before me, Jill Fowlks, Notary Pu
personally appeared a A. AMWt Ma en& F. Stv swa Jswtes w. l+ae ,
who proved to me on the basis of satisfactory evidence to �that person(s) whose name(s) i are
subscribed to the within instrument and acknowledged he/s he/they executed the same in
his/her /their authorized capacity(ies), and that b is/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of whi a person(s) acted, executed the instrument.
I certify under PENALTY OF PE RY under the laws of the State of California that the foregoing
paragraph is true and correc
WITNESS my han d official seal. _
JILL FOWLKS
It COMNSSIOn :►1931345
C� ® Notary Public - California
Signat [S Santa Clara County E
Com m. Ex Ires A r 28.2015
STATE OF CALIFORNIA)
COUNTY OF- Z + G
On C,{Dbr 2, ilk before me, Jill Fowlks, Notary Public
personally appeared 1&arbaya. A. /hmot9P. MgM.,i9 F. 5iwr6rn acrd Jklm 6 W. l
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ia/are
subscribed to the within instrument and acknowledged to me that he/we/they executed the same in
hr /their authorized capacity(ies), and that by his4gr /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.
JILL FOWLKS '
CommlSSlon e1► 1931345
Clara county
Notary Public - California
Santa z
Signature [Seal] Comm. Ex 1resA r2e
° L2015
4830.1242 -142
SLR17571001
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION OF PROPERTY
All that certain real property situated in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
PARCELS 1 AND 2, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON
SEPTEMBER 1.0, 2008 IN BOOK 827 OF MAPS AT PAGES 12 AND 13.
APN: 810 -20 -018 (Parcel 1) and 810 -20 -019 (Parcel 2)
4830-1242- 6014v2
SLF117571001