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DeCicco, Luigi & Maria - 8273 Gaunt Avenue - AmendmentWhen recorded retu n to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 17836119 I Pages: 3 Fees.... No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 006 6/09/2004 4:09 PM SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 8273 Gaunt Avenue APN: 790 -02 -010 FIRST AMENDMENT TO THE RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT This amendment to the Right of Entry and Temporary Construction Easement ( "First Amendment to Right of Entry ") is made and entered into on this 2 Z day of Al"VI (, , 2004, ("Effective Date ") by and between the City of Gilroy, California, a municipal corporation of the State of California, ("City ") and Luigi De Cicco and Maria A. De Cicco, ( "Grantors "). City and Grantors may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS: A. City and Grantors are currently Parties to a Right of Entry and Temporary Construction Agreement, recorded at the Santa Clara County Recorder's Office, Document Number: 16918916, dated: March 28, 2003 (hereinafter "Right of Entry ")-, NOW, THEREFORE, in consideration of the factual premises and the covenants and conditions set forth in this First Amendment to Right of Entry, City and Grantor hereby agree as follows: Section 5 of the Right of Entry is hereby amended to read as follows: "5. Where necessary, improvements on the Property will be removed by the City. Such improvements will be reconstructed at the City's sole expense upon the termination of the Easement, or if reconstruction is not feasible, the City will pay Grantor the value of such improvements, which payments shall be in addition to the purchase price for the Easement as set forth above." 2. All other terms of the Right of Entry which are not in conflict with the provisions of this First Amendment to Right of Entry, shall remain unchanged in fill force and effect. In case of a conflict in the terms of the Right of Entry and this First Amendment to Right of Entry, the provisions of this First Amendment to Right of Entry shall control. WH1618021.1 01- 030904 - 04706002 3. The Parties acknowledge and accept the terms and conditions of this First Amendment to the Right of Entry as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this First Amendment to Right of Entry shall become operative on the Effective Date first set forth above. EYecnted on this _ _ day of �Z- 2004. GRANTORS: By: L—A h z -'Z,! 'J uigi Deticco /y. L� ria A. De icco WH1618021.1 01- 030904 - 04706002 CITY OF GkLROY: JAY BV KSA, City Administrator .. STATE OF �kd 4 COUNTY OF C,E.4(Kk— ss. L� w.w. On l , before me, 1 personally appeared M QC R ! L.uL A ec'z e.Lo ❑ 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 JA,CUJELaNE KAY person(s) acted, executed the r tca y 1��/� o. Notary Public - Nevada CLARK COUNTY My Appt. Exp. April 30, 2005 No. 0 1 -888 47 -1 QH1618021.1 01- 030904 - 04706002 instrument. WITNESS my nd and o t 'al seal. SI NATURE O OTARY 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: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies)