25417720 - Termination of Property Improvement Agreement No. 2022-22 Tract 9401, Hwy 152 - Pacheco Pass Retail XII, LLC - Recorded 12/20/2022RECORDING REQUESTED 9T
CHICAGO TITLE COMPANY
FREE RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
- CSC MWMD
CITY OF GILROY
7351 Rosanna Street APR 2 1 2023
Gilroy, CA 95020
ATTN: City Clerk GILROYCITY CLERK'S OFFICE
""This document was electronically submitted
to Santa Clara County for recording"
25417720
Regina Alcomendras
Santa Clara County - Clerk -Recorder
12/20/2022 09:14 AM
Titles:1 Pages
Fees: $20.00
Tax: $0
Total: $20.00
(Exempt from Filing Fees - Government Code section 61
TERMINATION OF PROPERTY IMPROVEMENT AGREEMENT NO. 2002-22
TRACT 9401, HIGHWAY 152
This Termination of Property Improvement Agreement No. 2002, Tract 9401,
Highway 152 ("Termination Agreement") is dated as Of'DeLGMSCF- 0 , 2022 and
is made by and between the City of Gilroy, a California municipal corporation ("City"), and
Pacheco Pass Retail XII, LLC, a Delaware limited liability company ("Developer").
RECITALS
A. On June 17, 2002, City and Newman Development Group of Gilroy, LLC
("Original Developer") entered into that certain Property Improvement Agreement
No. 2002, Tract 9401, Highway 152, which was recorded on June 28, 2002, in the Official
Records of the County of Santa Clara, as Instrument No. 16335877 (the "PIA").
Developer is the successor -in -interest to Original Developer under the PIA.
B. Pursuant to the PIA, among other things, Original Developer agreed to
construct and improve certain public works facilities and other improvements as described
in the PIA (the "Improvements").
C. City and Developer now wish to terminate the PIA as all Improvements have
been completed and all obligations have been met.
Now, therefore, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereto hereby agree as follows:
1. Termination of PIA. Effective as of the date of the recordation of this
Termination Agreement, the PIA shall be terminated and Developer shall have no further
obligations under the PIA.
2. Entire Agreement: This Termination Agreement contains all of the
agreements of the parties hereto with respect to the matters contained herein, and no
prior agreement, arrangement or understanding pertaining to any such matters shall be
effective for any purpose.
Exempt from fee per GC 27388.1 (a) (2);
recorded concurrently In connection with
a transfer subject to the Imposition of
documentary transfer tax
089314\16354691v1
RECORDING REQUESTED BY
CHICAGO TITLE COMPANY
FREE RECORDING REQUESTED BY AND
WHEN RECORDED. RETURN TO:
CITY OF GILROY
7351 Rosanna Street
Gilroy, CA 95020
ATTN: City Clerk
lohW25b,h
(SPACE ABOVE LINE FOR RECORDER'S USE ONL
(Exempt from Filing Fees - Government Code section 610
TERMINATION OF PROPERTY IMPROVEMENT AGREEMENT NO. 2002-22
TRACT 9401, HIGHWAY 152
This Termination of Property Improvement Agreement No. 2002, Tract 9401,
Highway 152 ("Termination Agreement") is dated as of IDECBM6ce- IA , 2022 and
is made by and between the City of Gilroy, a California municipal corporation ('City"), and
Pacheco Pass Retail XII, LLC, a Delaware limited liability company ("Developer").
RECITALS
A. On June 17, 2002, City and Newman Development Group of Gilroy, LLC
("Original Developer") entered into that certain Property Improvement Agreement
No. 2002, Tract 9401, Highway 152, which was recorded on June 28, 2002, in the Official
Records of the County of Santa Clara, as Instrument No. 16335877 (the "PIA").
Developer is the successor -in -interest to Original Developer under the PIA.
B. Pursuant to the PIA, among other things, Original Developer agreed to
construct and improve certain public works facilities and other improvements as described
in the PIA (the "Improvements").
C. City and Developer now wish to terminate the PIA as all Improvements have
been completed and all obligations have been met.
Now, therefore, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereto hereby agree as follows:
1. Termination of PIA. Effective as of the date of the recordation of this
Termination Agreement, the PIA shall be terminated and Developer shall have no further
obligations under the PIA.
2. Entire Agreement: This Termination Agreement contains all of the
agreements of the parties hereto with respect to the matters contained herein, and no
prior agreement, arrangement or understanding pertaining to any such matters shall be
effective for any purpose.
Exempt from fee per GC 27388.1(a) (2);
recorded concurrently in connection with
a transfer subject to the imposition of
documentary transfer tax
089314\16354691v1
3. Counterparts. This Termination Agreement may be executed in any
number of counterparts, each of which shall be deemed original, but all of which, together,
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Termination as of
the date set forth above.
CITY OF GILROY, PACHECO PASS RETAIL XII, LLC,
a California municipal corporation a Delaware limited liability company
By: By:
D I Jorda Name: P f &t ki' G. ««44-1
Public irector Title: G 04; C4ue-•r Ca.,4r
099314\16354691vl -2-
I i
A Notary Public or other officer completing tjlis certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On DECzmi4er i31 2D22 ,before me, 1 . tJ0.�A,
(Insert name and title of the officer)
Notary Public, personally appeared � U ( 7o r 3a /1 ,
who proved to me on the basis of satisfactory evidence to be the person(O whose name,(s) is/ark
subscribed to the within instrument and acknowledged to me that he/she/(hey executed the same in
his/h#/their authorized capacity(*), and that by his/ttef/their signature on the Instrument the
personSK, or the entity upon behalf of which the persons) 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.
SANOIU E. NAVA
Notary Public- California
WITNESS my hand and official seal. '' Santa Clara County
Commission 9 2421274
CC // My Comm. Expires Nov 11, 2026
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 111/ S p n 2 a before me, An, .y,
�u (insert am; and title of the officer)
Notary Public, personally appeared HL; t; 'r„ .max. /c1 %
who proved to me on the basis of satisfactory evidence to be the person(s) wfiose 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.
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.
Signature (Seal)
a NELLY 3. ACOSTA
d ds, Nutary Public • California
4 t - Orange County
e Commission Y 2351487
089314',16354691v1 My Comm. Expires Mar 15, 2025
_j_
3. Counterparts. This Termination Agreement may be executed in any
number of counterparts, each of which shall be deemed original, but all of which, together,
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Termination as of
the date set forth above.
CITY OF GILROY,
a California municipal corporation
By:
D I Jorda
Public irector
PACHECO PASS RETAIL XII, LLC,
a Delaware limited liability company
By:
Name:
Title:
089314\16354691v1 -2-
A Notary Public or other officer completing tjlis certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 1)2Cernker 13 , 2D2Z , before me. SandsA �. NASA
(insert name and title of the officer)
Notary Public, personally appeared 7ora el
who proved to me on the basis of satisfactory evidence to be the person(.$) whose names) is/at6
subscribed to the within instrument and acknowledged to me that he/s}�/�i executed the same in
his/hef/thefi• authorized capacity(*), and that by his/W/tpefr signatureM on the instrument the
personX, or the entity upon behalf of which the personf,.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.
SANORA E. NAVA
Notary Public - California
WITNESS my hand and official seal. i ` Santa curs county
aCommission R 2421274
My Comm. Expires Nov 11, 2026
Signature A ^-A- (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who 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.
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.
(Seal)
089314\16354691 v1 -3-