25417720 - Termination of Property Improvement Agreement No. 2002-22 Tract 9401, Highway 152 - - Recorded 12/20/2022RECORDING REDUESTED6T
CHICAGO TITLE COMPANY
FREE RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
M(KKgROMD
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 6103)
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 DE6C-M5CZ Iq , 2022 and
is made by and between the City of Gilroy, a California municipal corporation ("City"), and
Pacheco Pass Retail XI I, 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\I6354691vl
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
(SPACE ABOVE LINE FOR RECORDER'S USE ONLY)
(Exempt from Filing Fees - Government Code section 6103)
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 DE6i?M5E17- 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\16354691vl
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-&RlJorda Name:
Public irector Title: Goo', GcAcr.r Cw•;r
U89314\16354691v1 _I_
1 �
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 liece nher 13, 2022 , before me. Sanwa A 1 . �a�G,
Insert name and title of the officer)
Notary Public, personally appeared bo r ( Tor (11
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/ar6
subscribed to the within instrument and acknowledged to me that he/s}3a/(h6ry executed the same in
hisA#/thee authorized capacity i(*), and that by his/hef/tWr signatureo) on the instrument the
personf4, 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.
SANDRA E. NAVA
Notary Public - California €
WITNESS my hand and official seal. Santa Clara county
Commission N 2421274
C /� OMy Comm. Expires Ncv 11, 2026
Signature Zao �l. L /�-GrV& (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 1,271Z S ? n .2 ; before me, . A Po .r/,�,
�/� (insert ame and title of the officer)
Notary Public, personally appeared Sla HL; G ti du le) %
who proved to me on the basis of satisfactory evidence to be the person(s) Aose 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)
NELLY J. AC05TA
u gyp, Notary public -California
4 L Orange County_
' Commission M 2351487
089314',16354691 v1 My Comm. Expires Mar 15, 2025
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-6qj,1JordaK
Public VMMTOirector
PACHECO PASS RETAIL XII, LLC,
a Delaware limited liability company
By:
Name:
Title:
089314\16354691vl -2-
A Notary Public or other officer completing iris certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of Orange
On aiecernher 13, 222
�, before me, SanJM L5. Nct�a
((Insert name and title of the officer)
Notary Public, personally appeared bac � 7orGt /1 ,
who proved to me on the basis of satisfactory evidence to be the personf o whose names) is/a'6
subscribed to the within instrument and acknowledged to me that he/sx/twy executed the same in
his/hO/thefr authorized capacity(06), and that by his/hef/thdr signatures on the instrument the
person�4, or the entity upon behalf of which the personko 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.
SAWA E. NAVA
WITNESS my hand and official seal. a Notary Public • California
Santa Clara county >_
Commission M 2421274
My Comm. Expires Nov 11, 2026
Signature L( . ^-& (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\16354691vl -3-