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
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TO: )
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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: