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Foothill Townhomes/Owners Assoc. - 8360-8388 Delta Drive Units 5,6,7,8 - AmendmentDOCUMENT: 17836122 When recorded return to: Pages: 3 Fees.... No Fees Taxes... Copies.. AMT PAID City of Gilroy City Hall BRENDA DAVIS RDE # 006 SANTA CLARA COUNTY RECORDER 6/09/2004 7351 Rosanna Street Recorded at the request of 4 :09 PM Gilroy, CA 95020 C i ty SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 8360 -8388 Delta Drive Units 5, 6, 7, 8 APN: 78' )-28-000 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 5t" day of May 2004, ( "Effective Date ") by and between the City of Gilroy, California, a municipal corporation of the State of California, ( "City ") and Foothill Townhomes/ Home Owner's Association ( "Grantor "). City and Grantor 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: 17136594, dated: June 25, 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 full force and effect. In 1J H1618021.1 01- 030904 - 04706002 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. 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. Executed on this 5"' day of May 2004. WH1618021.1 01- 030904 - 04706002 STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA On J °5.-0q before me, V01 L personally appeared ❑ personally known to me -OR- N EDNA MARLENE CAMPERO� U COMM. #1459546 U NOTARY PUBLIC -CALIFORNIA n SAN MATEO COUNTY Q MY COMM. EXPIfIE S UEC. 30, 2001 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 /qi,A y executed the same in his /hery*mir authorized capacity(ies), and that by his /h@F4ei 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 OF OTARY 1JH1618021.1 _3 _ 01- 030904 - 04706002 CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the dOCnment. ❑ INDIVIDUAL ❑ CORPORATE OFFICERS(S) Title(s) PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies)