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Newman Development Group - Memorandum #1DOCUMENT: 17602444 RECORDING REQUESTED BY 'IWIIIV�VIV��IIII�IIYdVJIIntW AND WHEN RECORDED, RETURN TO: City of Gilroy BRENDA DAVIS 7351 Rosanna Street SANTA CLARA COUNTY RECORDER Gilroy, California 95020 -6190 Recorded at the request of City Attention: City Administrator Pages 9 Fees.... + No Fees Taxes... Copies.. AMT PAID MINOR MODIFICATION TO DEVELOPMENT AGREEMENT/ OPERATING MEMORANDUM NUMBER ONE CITY OF GILROY AND NEWMAN DEVELOPMENT GROUP OF GILROY, LLC 1AI 850732 3 1 RDE # 012 2/05/2004 10 10 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 day of January, 2004, by and between Newman Development Group of Gilroy, LLC, a California limited liability company ( "NDG ") and the City of Gilroy, a California municipal corporation ( "City "). This Memorandum modifies that certain Development Agreement Between City of Gilroy and Newman Development Group of Gilroy, LLC, dated April 21, 2003, and recorded in the Office of the Santa Clara County Clerk - Recorder on June 30, 2003, as Document No. 17147097 (the "Development Agreement "). Recitals: This Memorandum is made on the basis of the following facts, understandings, and intentions of the parties. The parties are parties to the Development Agreement, which relates to the development of a Project on NDG's Property, located in the City of Gilroy, as more fully described in Exhibit E of the Development Agreement, a copy of which is attached to this Memorandum as Exhibit 1. All capitalized terms used as defined terms in this Memorandum shall have the same meaning as in the Development Agreement. 2. Paragraph 3.7 of the Development Agreement provides that clarifications to the Development Agreement and the incorporation of minor changes to the Project may be made by virtue of an operating memorandum, which shall not constitute an amendment to the Development Agreement requiring public notice or hearing. It is the intent of the parties that this Memorandum shall function as such an operating memorandum. 3. The City Attorney has determined that a minor modification to development agreement/operating memorandum document is appropriate to effectuate the purposes of this Memorandum based upon an analysis by City Staff pursuant to CEQA that the minor change proposed in the Project would not require any further environmental review. 4. 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 gives rise to a debt and duty to pay increased fees on the part of NDG and its successors, and changes the site plan of the Project and the possessory interests of NDG and tenants therein. W R5.m73? 3 NOW, THEREFORE, based upon the foregoing recitals and the mutual covenants and conditions contained herein, the parties hereto agree as follows: A. This Memorandum 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. B. The schedule labeled "Revised Exhibit A" and attached to this Memorandum as Exhibit 2 shall supercede Exhibit A of the Development Agreement. The document labeled "Revised Exhibit G" and attached hereto as Exhibit 3 shall supercede Exhibit G of the Development Agreement. The parties understand and agree that this modification to the site plan and the fee schedule does not effect an increase in the over -all square footage of the Project. C. Although the total of development fees listed in Revised Exhibit A exceeds the total of development fees listed in the original Exhibit A to the Development Agreement, the Parties acknowledge and agree that the amount of the City Financial Contribution shall under no circumstances exceed the total of development fees set forth in the original Exhibit A to the Development Agreement. WHEREFORE, the parties hereto have executed this Memorandum as of the date first above written. NEWMAN DEVELOPMENT GROUP OF GILROY, LLC Dated: JANw� -�c �'a, UO'A By: q U't. � QA0 Managi g Member Dated: � k v 4 Al FV.5.9?73? 3 STATE OF CALIFORNIA ) )SS. COUNTY OF SANTA CLARA ) TITLE OF DOCUMENT: Minor Modification to Development Agreement /Operating Memorandum Number One Between City of Gilroy and Newman Development Group of Gilroy, LLC On February 2, 2004, 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. RroNOM►PEJA GoelAiNon i 1506a1� :d CVr� adlbn am d� Am 15, 2005 Signature of Notary Public per GC Sec. 40814; CC Sec. 1181 (Notary Seal) EXHIBIT 1 EXHIBIT E DESCRIPTION OF PROPERTY Phase 1 -A Real property in the City of Gilroy, County of Santa Clara, State of California described as follows: Lots 2, 4 and 5 as shown on that certain map entitled "Tract No. 9401, Highway 152 Retail Center, Gilroy, California" filed for the record in the office of the Recorder for the County of Santa Clara, State of California on August 16, 2002 in Book 751 of Maps, pages 12 and 13, Santa Clara County Records. Phase 1 -B. Lots 1, 2 and 3 as shown on that certain map entitled "Parcel Map xxxxxxx for Pacheco Pass Retail Center, Gilroy, California" filed for the record in the office of the Recorder for the County of Santa Clara, State of California on June 25, 2003 , in Book 76, of Maps, page52L5j Santa Clara County Records. Phase 1 -B to be -completed based on final recorded Map. Phase 2 Lot A as shown on that certain map entitled "Tract No. 9401, Highway 152 Retail Center Gilroy, California" filed for the record in the office of the Recorder for the County of Santa Clara, State of California on August 16, 2002 in Book 751 of Maps, pages 12 and 15, Santa Clara County Records. N I EXHIBIT 2 s n e O n c s n F n tir n y Z e }� N G 8 S O N OI O C M N r r o M lw MM O o O y O O O O O O S F a S O t0 O S S m P O O Q O O N M M M 8 � � °o ♦ N N o � � #M°o a � in 0 s S O S 3 N C G N 4 N v m J N Moo N N N O O o N a O N ;D O p O NN O O 8 G y N � 8 S G 4 e OI O P H S V N O O 8 b U J N p N pO O O H S O S O O O ij N O P S O O o v (J g rn th n 0 N � A 11 MWZSJ O �ONmoQ :�af�l A sew .. D n O n O O O+ P O t N a m J O st3pp7p77 t� � Y p a b m n N N a O € 9 o .,ui'nA�v m R� O i C23N =$� m 0 �J �� WD Z m Z a m m r- 0 m z D X m m K mm z X _cu D $ 0 L T N g rn th n 0 N � A 11 MWZSJ O �ONmoQ :�af�l A sew .. 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TT N O a 0 m G) U a > M l< (-)X _ :- A � O ,..} CD � co m w D_ r m 4 m X r. 77777 2 N r� n r S s� COMMUNITY DEVELOPMENT EXHIBIT 3 s� �nm N m S 60: �� 1�. 10002 '9 .A 1a T 4 N w ' • Cf r S s� COMMUNITY DEVELOPMENT EXHIBIT 3 s� �nm N m S 60: �� 1�. 10002 11 00 i 1� w ' • 1 •Z 1 w o: 1 111 �•- �1 I 11 00 © 1997 Reproduction prohibited. Reorder from American Society of Notaries, 800 -522 -3392. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of C-tt V1 I Count of —{,Vlt I <St Y�'�� On 9'C' 1 tA before me, (.V-ql �'il�G�;111 D to Name, title - e.g., John Doe, Notary Public personally appeared Name(s) of Signers(s) Personally known to me OR ❑ 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. KARIN MARIE Ly L A I U COMM. #1360233 U NOTARY YPUB PUBLIC -CALIFORNIA .., SAN FRANCISCO COUNTY A Signature of Notary „.,. My Comm. Expires, June 8, 2008 Print Notary's Name, County in which Commissioned and Commission Expiration Date Seal OPTIONAL The data below is not required by law, however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) Title(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNERS) OTHER THAN NAMED ABOVE: NAME(S) OF PERSON(S) OR ENTITY(IES) SIGNER IS REPRESENTING: © 1997 Reproduction prohibited. Reorder from American Society of Notaries, 800 -522 -3392.