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First Amendment to Disposition and Development Agreement, Grant Deed and Maintenance Agreement 2001-0017566DOC 2001-0017-566 RECORDING REQUESTED BY, AND ~C 13325 Civic Center Drive P.O. Box 789 Poway, California 1675 ) TO: ) ) ) IIl ll lll ]1 JAN 11. 2001 8:58 AM OFFICIAL REC[t~]~ SAN DIEGO COUNTY REC[tOER'8 OFFICE GIEGO~ J. ~MITH, CO~ ~ R~CORDER F~S: WRY: 2 FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT, GRANT DEED AND MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO DISPOSITION AND DE ENT AGREEMENT, GRANT DEED AND MAINTENANCE AGREEMENT (the "Amendment") is >er 19, 2000, by and among the POWAY REDEVELOPMENT AGENCY, a public body, t politic (thc "Agency"), MATT TRAVIS, As Trustee Of The T Trust Dated November 11, 1993 (the "Landowner"), and HMT AUTOMOTIVE, INC., a Calif (the "Operator"). RECITALS A. The Agency, the Landowner and the O1: t into that certain Disposition dated >er 4, 1997 (the J the Agency conveyed to the Land' >!c ~ 1.6 acre parcel of real property located on Poway Road east of Midland Road (the "Site"), and the O1: t to develop and operate an automobile dealership thereon. B. The Ag t the Site to the Landowner lc "Grant Deed" executed by the Agency and the Owner, dated as of February 9, 1998, which was recorded in the official records of San Diego County, California on February 19, 1998 No. 98- 0084895. ~' ae Landowner, the Agency, the Operator and the Land dated as of February 9, 1998, which was recorded in the official records of San Diego County, California on Febmaxy 19, 1998 as 98-0084897. C. By this Amendment, the part/es d '~ ' ' ~ additions to the the Grant Deed and the Maintenance Ag~ ter to provide for the approval of Thrifty Car Sales as an "Autl~ land adjacent to the S ' te for the demolition or substantial rehabilitation of the the land ac. S forth herein. NOW, THEREFORE, the Agency, the Land follows: ~e Operator hereby agree as 1. Approval of Thrifty C~r Sales. The Agency hereby approves Thrifty Car Sales as an currently being sold on the Site, pursuant to Sections 402 and 603 oftl~ ~ Section 3(b) of the Grant Deed executed 1: he Agreement. Notwithstanding the foregoing, the standards set forth in th for an "Authorized Product Line" and "Conforming Dealership Facility" Line or Conforming Dealership Facility which are proposed by the Operator shall require the approval of dance with th [the Al ~ the Grant Deed. facility t the Ag [ ' ,3' to approve such modification under Section 606 of the Agreement. The Agency Executive Director shall ~ly withhold 1~' ~ ~ forth in Sections 402 (b) of 2. Consolidation of Parcels. The Agency shall process and cause to be recorded a lot line ac' 1: lich parcel the Site and the parcel adjacent to the Site located at 13611 Poway Road, on which the Midland Auto Repair and Outlet used car sales businesses (and a port/on of the Hyundai dealership) operated (the "Adjacent Site"). ~ ~ such lot line ac.' parcel map, including without limitation th ~ such documents as may I: ,propriate to do so; provided, however, that the Agency shall be responsible for all of the costs of such lot line ar. ~ map. The final approval and recordation of such lot line ac 'i map shall occur within f ~ ~/or expiration of all leases of the Adjacent Site. The Landowner represents that the term of the current lease of the Midland Auto Repair ~c a 1, 2005, and the term of the current lease of th Outlet business expires on February 25, 2007. The Landowner shall not 1 ~ the terms of such leases without the written approval of the Agency, which approval may be g' ~held in Agency's sole discretion. 3. Ret ~ Adjacent Site. The Landowner shall, at his sole expense, demolish or substantially rehabilitate the buildings located on the Adjacent Site. The demolition or substantial rehabilitation of such buildings shall be completed within four months after the ; the terms of the current leases of the Adjacent Site. 4. In tl~ ~ fault of its obligations under this Amendment, and such t in accordance with the req ' Section 501 of the Agreement, the Agency shall in that event be entitled to revoke its approval of Thrifty C ~orized Product Line k towner and C :ld ~er remedies available to th th 5. Amendment of M' herel: Agreement. The reg. ' ~the Maintenance he Adjacent Site as well as the Site. 6. G Th ~e S' in Section 8 of the Grant Deed shall apply only to the original Site, and tjacent Site, notwithstanding the consolidation of the Site and the Adjacent Site. In the event that the Agency exercises the Option pursuant to Section 8 of the Grant Deed, tl~ aall take such actions as may 1: 9propriate to detach the Site from the Adjacent Si~e in order to acquire the Site. The Landowner shall cooperate with the Agency's processing of such detacl~ ting without limitation tlc ~ such d lc ~propriate to do so; provided, ~' such 7. Use of Adjacent Site. The uses on the Adjacent Site shall conform to the Poway Road Specific Plan, th ~ t all applicabl ' ' ~thc Poway · ' L' ' ' of the Grant Deed. The other 1: ' ' r the Agreement and Grant Deed shall not be applicable to the Adjacent Site, notwithstand' '.idation with the Site. 8. hat the C (a) the operation of a Thrifty Car Sales dealership on the Site within one year from the date of this Amendment, and (b) he operation of the Hyundai Dealership on the Site wiG' from the date of this Amendment, this Amendment shall ']. t shall be ~f no further force or effect. T~ ' ' ? Sections 2 through 7 of this Amendment shall become ef first d~ lc (a) and (b) of this 8 9. No Other Changes. Except as expressly provided to the contrary in this the terms of G t M ' ~reement, and any other d t ~ hall remain in full fome and eft' All terms used herein and not defined herein but defined in the Agreement, Grant Deed and Maintenance hall have ti] documents. IN WITNESS WltEREOF, the Agency, the Landowner and the Operator 1~ this First Amend t ~the date set forth above. AGENCY: POWAY REDEVELOPMENT AGENCY, a public lc t politic By: Chairma~a fagna ATTEST: ^g~[ncy Secretary, kori Peopl es APPROVED~. ' ?_?~0 [x~O FORM: SATednl~ pYe°,~:; C ~C~ul2s°e~& Rauth' 1678 - STATE OF CALIFORNIA COUNTY OF On q 2ID 0 ~ , before me, ~e~0-; e ix. , / ] , Notary Public, personally known to me subscribed to the with' in ~ t~orized capacity(i~s), and that by ~ ' person(~, or the entity upon behalf of which the person(g) acted WITNESS my hand and official seal. Notc~y Pul~ic - California be the person(g) whose name(~are t acknowledged to me tha~.she~ey executed the same s) on th ~e Though the data below is by law, OPTIONAL valuable to persons relying on the document and could prevent [] Individual si Pamler(s) Trustee(s) Other: Title(s) Limited General 1679 - LANDOWNE~_ ~tt T ,~ ~s~e of the Travis Family Trust dated November 11, 1993 OPERATOR: HMT AUTOMOTIVE, INC., a California By: Matt Tray nt 1680 TATE OF CALIFORNIA co~x¥ ov o/l~-~bl~0 On ,beforeme, pe~ona.yappe~ed ~&¥tYTa w~- ~lic, -or- proved to me on the basis of satisfactory evidence to be the person,(~ whose name~l is/~ie the witlf t acknowledged to me that he/~th~]t'executed the same subscribed to le in his/t~dr/tl)~r authorized capacity(i~)_, and that by his/l-j~r/tl~ , ~) on th person~), or the entity upon behalf of which the personalO- acted, executed ' OPTIONAL Though the data below is by law, valuable to persons relying on the document and could prevent [] Individual Title(s) [] Partner(s) [] Limited [] General Tmstee(s) Other: