First Amendment to Development Agreement 1992-0560680
605
D~,'" 1992-0560680
02-SEP-1992 01:28 PM
RECORDING REQUESTED BY: ) OFFICIAl RECORDS
SAM DIEGO COUNTY RECORDER'S OffICE
) AHHETTE EVAHS, COUHTY RECORDER
City of poway )
) Rf: 5.00 FEES: 14.00
WHEN RECORDED, MAIL TO: ) ,:, Af: 5.00
fJ /IF: 1.00
City Clerk )).p cr. 3.00
) ,
/
City of poway )
P.O. Box 789 )
Poway, CA 92064 )
)
No Transfer Tay. Due (Thh, space for Recorder's use)
FIRST AMEND~ENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement
("First Amendment") is made and entered into as of
August 25, ,1992, by and between the CITY OF POWAY, a
municipal corporation organized and existing under the laws of
the State of California ("City"), and ENVIRONMENTAL DEVELOPMENT,
LTD., a California limited partnership ("Developer") with
reference to the following facts:
A. Development Aqreement. The City and Developer
entered into a Development Agreement ("Development Agreement")
dated November 27, 1990, which provided for the development of
certain property in the City known as the Old Coach Golf Estates
("Old Coach project").
B. Settlement Aqreement. The City, Developer, and
the Sierra Club entered into a Settlement Agreement and Mutual
Release of All Claims ("Settlement Agreement") dated
January?, .', 1992 which provided for the dismissal with
prejudice of a, lawsuit initiated by the Sierra Club to challenge
certain aspects, of the development approvals for the Old Coach
project. The Settlement Agreement also provided for the
amendment of certain paragraphs in the Development Agreement
, between the city and the Developer.
C. Purpose of Amendment. The city and the Developer
desire to amend certain paragraphs in the Development Agreement
to require that the Developer pay interest on a $254,870.00
mitigation payment and to revise the dates for performance by the
Developer.
Now, therefore, with reference to the foregoing
recitals and in consideration of the mutual promises,
obligations, and covenants here.in contained, the City and the
Developer agree as follows:
SDl75\envdev.lst\
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606
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1. Commencing on the date of this First Amendment,
interest shall accrue at the rate of eight percent (8%) per year
to the principal of the $254,870.00 mitigation payment described
in paragraph 3.7 of the Development Agreement, as amended by
paragraph 2 of the Settlement Agreement. Such interest shall
continue to accrue until the Developer has paid the $254,870.00
mitigation payment in full, plus any accrued interest, upon the
receipt of a grading permit for the Old Coach project.
2. The dates for performance set forth in paragraphs
3.2 through and including 3.11 of the Development Agreement, as
amended by paragraph 8 of the Settlement Agreement, shall be
extended for an additional eighteen (18) months.
3. Except as amended hereby, all terms and conditions
of the Development Agreement, as amended by the Settlement
Agreement, shall remain in full force and effect.
SDl75\envdev.lst\
2
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IN WITNESS WHEREOF, the undersigned have executed this
First Amendment as of the day and year first above written.
"City"
ATTEST:
~i\JtVM~
K. Wahlsten,
rk
"Developer"
.'0,',
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
By:
Jan
',the
",
of
'......
ENVIRONMENTAL DEVELOPMENT,
LTD., a California limited
partnership
By: Planned Real Estate
Investments, Inc. a
California corporation,
ge~eral ,J>artner r
By. ~~_
Bruce E. Tabb,
President
(Notarization Required)
(
On ~J(l~ 31, rqqJ. before me, the undersigned, a Notary Public in and for
said Sta ,personally appeared '/5race;;: 'fa bh , personally known to
me to be person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his capacity(ies), and that by his signature on
the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument. .
WITNESS my hand and official seal.
Signature
~~~
J e Bennett
onrclJUo au.
JUNE 8ENNETT
MY ........c . CAI.Jf=OMIA
_IIEGO CClUNTV
...o-n_~_1.1"
218
or" " 1995-030354B
IB~JUL-1995 08:41 AM
OFFICIAl RECORDS
SAN DIEGO CllUlIlY RECllRDfl'S OFFICE
GREGORY SftITII. COONTY RECORDER
Rf: 8.00 FEES:
(lF1 7.00
If: 1.00
16.00
RECORDING REQUESTED BY:
C ITV OF POWA V
C ITV CLERK
C ITV OF POWA V
P.O. BOX 789
POWAY, CA 92074
)
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space for Recorder's Use)
AND WHEN RECORDED MAIL TO:
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Second Amendment to Development Agreement ("Second
Amendment") is made and entered into as of July /1 ' 1995, by and
between the CITY or POWAY, a municipal corporation organized and existing
under the laws of the State of California ("City"), and ENVIRONMENTAL
DEVELOPMENT, LTD., a California limited partnership ("Developer") with
reference to the following facts:
A. Development Aareement. The City and the Developer entered into a
Development Agreement ("Development Agreement") dated November 27, 1990, which
provided for the development of certain property in the City known as the Old
Coach Golf Estates ("Old Coach project"). On August 25, 1992, the City and
the Developer entered into a First Amendment to Development Agreement ("First
Amendment"),
ot:-
B. Purpose of Amendment. The City and the Developer desire to amend
certain paragraphs in the Development Agreement to require that the Developer
pay Seven Hundred and Nine Thousand ($709,000.00) to the City in exchange for
an extension of the dates for performance by the Developer.
NOW, THEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations, and covenants herein
contained, the City and the Developer agree as follows:
1. Prior to the earlier of eighteen (18) months from the effective
date of this Second Amendment or the issuance of the thirty-first (31st)
building permit for a residential unit within the Old Coach project, the
Developer shall pay Seven Hundred and Nine Thousand Dollars ($709,000.00) to
the City.
219
2, The dates for performance set forth in paragraphs 3.2 and 3.4 through and
including 3.11 of the Development Agreement, as amended by the First Amendment, shall be
extended for an additional thirty-six (36) months,
as follows:
3. Paragraph 3.3 of the Development Agreement shall be amended to read
The Developer and its successors in interest agree that the
portion of Old Coach Road fronting the fire station shall be
realigned to intersect with Espola Road at the four way
intersection and traffic signal as shown on TIM 89-13 and as
further shown on Exhibit "C" to this Development Agreement,
4. Paragraph 3.4 shall be deleted in its entirety.
5. The City agrees that when the Developer applies for a final map for
any portion of the Old Coach project, the following conditions shall be deemed satisfied as
specified below:
5,1 Condition 7 under the heading Streets and Sidewalks on page 11
of Resolution No. P-90-34 ("Resolution"), Condition 22 under the heading Streets and
Sidewalks on page 13 of the Resolution, Condition I, as related to Espola Road, under the
heading Utilities on page 13 of the Resolution, Condition 8, as related to Espola Road, under
the heading Utilities on page 14 of the Resolution, Conditions 1 and 2 under the heading
Sewer on page 15 of the Resolution, Condition 1 under the heading Water on page 15 of the
Resolution, the Condition under the heading Traffic Signal on page 16 of the Resolution, and
Condition 6 under the heading General Requirements and Approvals on page 19 of the
Resolution shall be deemed satisfied in their entirety without any further action or
expenditure on the part of the Developer.
5.2 The portion of Condition 3 under the heading Utilities on page
14 of the Resolution providing for undergrounding. of utilities shall not require
undergrounding of 12 kv transmission lines which are or could be located on poles with 69
lev transmission lines that are located within the boundaries of the Old Coach project.
6. Final engineering plans for the widening of Espola Road from the
westerly boundary of the Old Coach project to the northerly boundary of Bridlewood shall be
prepared by the Developer and approved by the City prior to construction of Espola Road,
In addition, a landscaping plan, which includes the location of a sidewalk, for the north side
of Espola Road from the westerly boundary of the Old Coach project to the existing
intersection of Old Coach Road and Espola Road shall be designed by the Developer and
approved by the City prior to construction of Espola Road. Developer shall be responsible
for construction of the sidewalk on the north side of Espola Road from the westerly boundary
of the Old Coach project to the easterly boundary of the Old Coach project.
SD17S\envdev\second6.amd
220
7. Except as amended hereby, all terms and conditions of the Development
Agreement, as amended by the First Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Second
Amendment as of the day and year fIrst above written.
"City"
By:
, .
Don L. Higgi f
the City of Poway
ArrEST:
? FORM:
. L-..?<
"Developer"
ENVIRONMENTAL DEVELOPMENT.
LTD., a California limited
partnership
By: Planned Real Estate
Investments, Inc, a
California Corporation,
general partner
p:' r
By: tf ?p--WdL
Bruce E. Tabb,
President
(Notarization Required)
SD17S\envdev\second6.amd
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STATE OF _Co..-u-I~ d..." 15.5.
COUNTYOF~ I
On 2;~ :;L:;;!, I qCj S ,before me,e..~~ U lfNotary Public in and for
said nty and State, personally appeared
personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized
capaclty(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument,
221
WITNESS my hand and official seal.
~~ )1.ci~
Signatur
~~&ts.
,~~~,,'~
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'iit,.!:;:t;; ~.:~; {I-
~"ir~"
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Elizabeth N. Lee ~
e- ...032~717
lift'( PU8l.lC '
"'_GOUNrf
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(ThIs area for otfic:ial notarial seal}
I
15.5.
I
STATE OF
COUNTY OF
On , before me,
said County and State, personally appeared
, a Notary Public in and for
personally known to me (or proved
to me on \he basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir 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
(This area for ofIicIal _ seal}
I
15.5,
I
STATE OF
COUNTY OF
On , before me,
said County and State, personally appeared
, a Notary Public in and for
personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir 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 ofllcial seal.
Signature
(This area for offICial notarial seal}
818
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(This soace for Recorder's use)
RECORDING REQUESTED BY:
)
City of Poway
WHEN RECORDED, MAIL TO:
City Clerk
City of Poway
P.O, Box 789
Poway, CA 92074
No Transfer Tax Due
Dut << 1996-0367948
23-JUL-1996 09:20 AM
OFFICIAL RECORDS
SAN DIEGO COUHTY RECORDER'S OFrICE
GREGORY SnITH. COUNTY RECORDER
RF: 7.00 FEES:
AF: 5.00
Mr: 1.00
13.00
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
AMENDING RECORDED DOCUMENT #95-0303548 -RECORDED 7-18-95
a"-" 0..1"&0 <>.ov"",! .
This Third Amendment to Development Agreement ("Third
Amendment") is made and entered into as of June 1.1.. 1996, by and between the CITY OF
POWAY, a municipal corporation organized and existing under the laws of the State of
Callfornia ("City"), and ENVIRONMENTAL DEVELOPMENT, LTD" a California limited
partnership ("Developer") with reference to the following facts:
A, Development Ae:reement. The City and the Developer entered into a
Development Agreement ("Development Agreement") dated November 27, 1990, which
provided for the development of certain property in the City known as the Old Coach Golf
Estates ("Old Coach project"), On August 25, 1992, the City and the Developer entered into
a First Amendment to Development Agreement ("First Amendment"). On July 11, 1995, the
City and the Developer entered into a Second Amendment to Development Agreement
("Second Amendment").
B. Puroose of Amendment. The City and the Developer desire to amend
certain paragraphs in the Development Agreement and First Amendment which require
Developer to pay a $254,870.00 mitigation payment, .plus accrued interest on the principal at
the rate of eight percent (8%) per year commencing on August 25, 1992, upon the receipt of
a grading permit for the Old Coach project.
NOW, TIIEREFORE, with reference to the foregoing recitals and in
consideration of the mutual promises, obligations, and covenants herein contained, the City
anq the Developer agree as follows:
1. Paragraph 3.7 of the Development Agreement and Paragraph 1 of the '
First Amendment are hereby amended to read as follows:
The Developer and its successors in interest agree that
Developer will pay the sum of $167,365.00 to the City on or
SO 175\eovdev\third3.amd
819
before July 25, 1996, which represents one half of the required
$254,870.00 payment plus accrued interest as described in
Recital B of this Third Amendment. On the earlier of July 25,
1997, or the receipt of a grading permit for Parcel 3 or Parcel 4
of the Old Coach project. the Developer and its successors in
interest agree that Developer will pay the sum of $127,435.00,
plus accrued interest on that amount at the rate of eight percent
(8%) per year commencing on August 25, 1992.
2, Except as amended hereby, all terms and conditions of the Development
Agreement, a.s amended by the First Amendment and Second Amendment, shall remain in
full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Second
Amendment as of the day and year first above written.
. "City"
CITY OF POW A Y
~2~"
By:J -
Don L. Higg' ~~or of
the City of Poway
ATTEST:
y??~ ~t/~. (Q,~
Marjorie K. WahIsten, ._',/
City Clerk
~jJ2
Stephen M. Eckis.
~ity Attorney
"Developer"
ENVIRONMENTAL DEVELOPMENT,
LTD., a California limited
partnership
By: Planned Real Estate
Investments, Inc. a
California Corporation,
general partner (1
By: h-- <-- 1:-1 J-.L.
Bruce E. Tabb,
President
S017S\envdev\thi.rdJ.amd
2
CAl:If:ORNIA ALL-PURPO$c ACKNOWLEDGMENT 820
State of
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Bt'u.~e ~.
before me,
1Je-b" ro/1 1M -fb-[7JMn M~
~b""_ofOffioe<(..g"'JeneOoe.NowyPk." ,
Name(s) 01 SIgner(s)
County of
On
personally appeared
o personally known to me - OR - 0 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/shelthey executed the
same in his/her/their authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
!.'i~ ~ l
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" . IlNlllll!GO COUN1Y ~
t MvComrniMion Exp. Ccl21. 1997 f
WITNESS my hand and official seal.
p~~#~
OPTIONAL
Though the information below is not required by law; it may prove valuable to persons relying on the document and could prellent
fraudulent removal and reattachment of this form to another document.
.C.:-.,-_;,_;'-
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Trtle(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o O1her:
.
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o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUf lBPRINT
OF SIGI\!ER
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Signer Is Representing:
Signer Is Representing:
C 1994 National Notary AssociatIon -8236 AemmetAve., P.O. Box 7184. Canoga Park, CA913Q9.7184
Prod. No. 5907
Reorder: eaR ToI.Free 1-80()..87tH)827