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Super 8 Motel - PDA Amendment• CD U z 0 C r1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attn: City Administrator DOCUMENT: 13561448 IVIWI�VIW9VIIIIMiN�IVJViNiW BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Valley Title Company AMENDMENT TO PROPERTY DEVELOPMENT AGREEMENT This Amendment is made and entered 1996, by and between the CITY OF GILROY, ( "City "), and SUNG B. HONG and MICHELLE YOUNG JA HONG, JAC K I E K. KIM and THOMA S "Owners "). RECITALS Titles I / Pages la Fees No Fees Taxes Copies AMT PAID RIDE # 007 12/26/1996 8 00 AM into as of January 8 a municipal corporation HONG, SUNG C. HONG and KIM (collectively the A. The City and Super 8 Motels, Inc. entered into a certain Property Development Agreement dated November 4, 1985 and recorded in the Official Records of Santa Clara County, California on November 12, 1985 as Instrument No. 8592477 at Book J516, Page 1220 (the "Agreement "). The Agreement is binding upon the Owners, as successors in interest of the Developer identified in the Agree- ment. B. The real property which is the subject of the Agreement is the property located in Santa Clara County, California and known as Assessor's Parcel No. 835 -04 -055 and more particularly described on Exhibit "A" attached hereto (the "Hong Property ") . The Hong Property is currently owned by the Owners. C. The City is negotiating with the Hong Property Owners for the acquisition of a portion of the Hong Property for the purpose of constructing public improvements thereon, which portion is more particularly described on Exhibit "B" attached hereto ( "Parcel A"). The portion of the Hong Property which will continue to be owned by the Hong Property Owners after acquisition by the City of Parcel A is referred to in this Amendment as the "Remainder Parcel." D. The parties desire to set forth in writing their agreement that upon acquisition of Parcel A by the City, all obligations and liabilities attributable to Parcel A prior to the acquisition of such parcel by the City shall constitute obligations and liabilities of the Remainder Parcel and of the Owners as the owners and developers of the Remainder Parcel. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged the parties agree as follows: \042 \188198.1 52- 042604706019 -1- 1. Upon acquisition of Parcel A by the City, any and all obligations and liabilities attributable to or attaching to Parcel A prior to such acquisition by City shall automatically and immediately be deemed obligations and liabilities attaching to the Remainder Parcel and shall be the obligations and liabilities of the Owners as the owners and developers of the Remainder Parcel. Without limiting the foregoing, in no event shall the City succeed to any of the obligations or liabilities imposed on the Developer under the Agreement notwithstanding the terms of Section 7 of the Agreement. 2. Except to the extent modified by the terms of this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. In the event of any conflict between the terms of this Amendment and the Agreement, this Amendment shall control. Dated: / �-2 Dated: S:GV* S 4 /924 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: CITY: CITY OF GILROY, a municipal \042 \188198.1 52- 042604706019 - 2 - X SU G B. HONG State of California )ss. County of Santa Clara On March 19, 1996 Public in and for said State, MICHELLE HONG l MICHELLE HONG before me, the undersigned, a Notary personally appeared SUNG B. HONG AND ] tgXA*IRA 'i*xxtrxxwmx)t>O(XW,*XxMt 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 SIGNATURE �V.. X C 1 1� a,Yl SUNG C. HONG State of California County of Santa Clara )ss. 1 ro 4 a X YOUNG JA HONG On March 19, 1996 before me, the undersigned, a Notary Public in and for said State, personally appeared SUNG B. HONG 2;V>c 90*f x- Yx ➢(AX xNoecxCOX 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 CD 4 _ CO�A.M. 41034069 NOT - RY PUPLIC CAI IRORNIA -� '�� SANTA CLARA COUNTY C:) �74 My Comm. Expires Jan. 21, 2000 b SIGNATURE I �r� X�— �--- State of California ) )ss. Co u n t y o f On before me, the undersigned, a Notary Public in and for said State, personally appeared C7 k 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 SIGNAT I X r,H 44K + KIM L .: State of California ) )ss. County of �u (,tea �•-� ft-- ) On shy / � before me, the undersigned, aJ Notary Public in and for said State, personally appeared ��»�rrs /� /�j%,2 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 SIGNATURE 0 THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF GILROY, AND IS DESCRIBED AS FOLLOWS: All of Parcel B, as shown on that certain Map entitled, "Parcel Map Re- Division of Parcels One and Two, Book 317 of Maps, at page 43 portion of Las Animas Ranch No. 35 ", which Map was filed for record in the office of the County of Santa Clara, State of California on September 19, 1984 in Book 534 of Maps at page 9. Exhibit "A" �.A _- +/ _ _ � • // i viii GREINER CIVIL ENGINEERING CITY OF GILROY Exhibit "B" 1 a ,c 0 N J . 2L N GRAPHIC SCALE q .20 .40 8.0 PLAT TO ACCOMPANY THE NOV. 1993 LEGAL DESCRIPTION FOR A R /1N DEDICATION FOR PUBLIC STREET PURPOSES SCALE: 1' =_40' Paqe 1 of 2 WO oaoosf= o G P fit; n- r a r` n- Q 1 _- +/ _ _ � • // i viii GREINER CIVIL ENGINEERING CITY OF GILROY Exhibit "B" 1 a ,c 0 N J . 2L N GRAPHIC SCALE q .20 .40 8.0 PLAT TO ACCOMPANY THE NOV. 1993 LEGAL DESCRIPTION FOR A R /1N DEDICATION FOR PUBLIC STREET PURPOSES SCALE: 1' =_40' Paqe 1 of 2 - f 2' WIDE FEE TAKE PARCEL (205508 -A) MOTEL -WEST ALL THAT REAL PROPERTY SITUATE IN THE CITY OF GILROY, COUNTY OF SANTA CZwXRA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL "B" AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON SEPTEMBER 18, 1984 IN BOOK 534 OF MAPS, AT PAGE 9, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "B", ALSO BEING IN THE WESTERLY RIGHT -OF -WAY LINE OF SAN YSIDRO AVENUE (35.00 FEET TO ) AS SHOWN ON SAID PARCEL MAP; THENCE ALONG LAST SAID LINE SCUM 24. 41' 48" EAST 150.00 FEET TO THI LINE CMUMN TO PARCEL "B", AND PARCEL "C" OF SAID MAP; THENCE ALONG LAST SAID LINE SOUTH 650 19' S8" WEST 2.00 FEET; THENCE NORTH 24' 41' 48" WEST 150.00 FEET TO THE LINE COMMON TO PARCEL "A ", AND PARCEL "B" OF SAID PARCEL MAP; THENCE ALONG LAST LINE NORTH 650 19' S8" EAST 2.00 FEET TO THE POINT OF BEGINNING. CONTAINING 300.00 SQUARE FEET OR 0.0069 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION OF REAL PROPERTY WAS PREPARED BY ME IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYORS' ACT. F L.S. 3566 DATED LICENSE EXPIRES 6/30/96 SAO \-AN 0 SUS * 0 A u H No. 35� N f• ti Exhibit "B" Page 2 of 2 r� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On December 16, 1996 Date before me, Patricia K. Bentson, Notary Public Name and Title of Officer (e.g.. -Jane Doe. Notary Public') personally appeared JAY BAKSA, City Administrator, and DONALD F. GAGE, Mayor Name(s) of Signers) X 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. PATRICIA K. BENTSON COMM. 0 1069071 Z Notary PubYc _ COAfornia WITNESS my hand and official seal. SANTA CIARA COUNTY -- My Comm. Expires JUN 9. 1999 t �L Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: AMENDMENT TO PROPERTY DEVELOPMENT AGREEMENT Document Date:December 16, 1996 Number of Pages: 9 Susanne E. Steinmetz, City Clerk, Andrew Faber, City Signer(s) Other Than Named Above: n++ no Sung R TTnnj � M i the l P Lioncj c „n„ r uong, Young Ja Hong, Jackie K. Kim, Thomas K. Kim, notaries Capaeity(ies) Claimed by Signer(s) K. Marceline, James W. Donner and Ali Firoozman Signer's Name JAY BAKSA Individual Corporate Officer Title(s): Partner — Limited General Attorney -in -Fact Trustee Guardian or Conservator x Other: City Administrator Top of crumb here Signer Is Representing: City of Gilroy Signer's Name: DONALD F. GAGE Individual Corporate Officer Title(s): Partner — Limited General Attorney -in -Fact Trustee Guardian or Conservator x Other: Mayor Signer Is Representing: Citv of Gil RIGHT THUMBPRINT OF SIGNER © 1994 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No 5907 Reorder. Gall loll -Free 1- 8W- 8ib -bd2i