Addendum to Settlement Agreement Regarding Water Usage 2000-0160588
DOC
2000-0160588
Recording Requested By, and
When Recorded Mail to:
3'117
MAR 30. 2000 8:01 AM
IHIClfl RECOOS
SItl DlEOO mMV RECIIlIIR'S OFFICE
GREIDlV J. lilITH, mMV RECffilIR
FEES: 0.00
City Clerk
City of Po way
P.O. Box 789
Poway, CA 92064
III 1111111 l1li1 III 11111 11111
2000-0160588
For the benefit of
City.
the
ADDENDUM TO SETTLEMENT AGREEMENT
REGARDING WATER USAGE
This Addendum to Settlement Agreement ("Addendum") is made and entered into effective as of
March 15, 2000, between Maderas Country Club, LLC, a California limited liability company
("Maderas"), and the City of Po way, a municipal corporation ("City"), which agree as follows:
1. Recitals. This Addendum is made with reference to the following recitals offacts:
1.1 Maderas is the successor interest of that certain real property described in Exhibit "A"
(the "Golf Course Property") attached to the Settlement Agreement between the parties
dated November 4, 1999 (the "Settlement Agreement"), upon which Maderas is
developing and operating a golf course and country club (the "Golf Course"). Doc. No.
1999-0741650
1.2 Maderas failed to submit by February 15,2000, a hydrology study as required by Section
4.2 of the Settlement Agreement. For that reason, Maderas did not submit for
authorization from the City Council to use groundwater to irrigate the Golf Course
Property after March 15, 2000, pursuant to a public hearing which was to be held on the
hydrology study, and City Council did not authorize further use of groundwater pursuant
thereto. Instead, on March 14, 2000, without a public hearing, Maderas requested that
the City Council extend the submittal date for the hydrology study to April 30, 2000, and
extend the groundwater use termination date set forth in Section 4.1 and 4.4 of the
Settlement Agreement from March 15,2000 to May 31, 2000.
2. Use of Groundwater.
2.1 At the request of Maderas, the City Council hereby extends the time within which
Maderas may submit the hydrology study to April 30, 2000. In the event that the
hydrology study is submitted by that date, the City Council hereby extends the date that
Maderas may use groundwater in accordance with Section 4.4 to May 31, 2000. If the
hydrology study is not timely submitted, groundwater use shall cease May I, 2000. If a
public hearing is not held on the hydrology study on or before May 31, 2000, and further
authorization granted pursuant thereto, Maderas shall cease groundwater use June I,
2000.
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3. Force and Effect.
All other terms and conditions of the Settlement Agreement shall remain in full force and
effect. Maderas agrees the City has all of the power and authority set forth in Section 5.12.
Executed at Poway, California.
CITY OF POW A Y
By:
MICHAEL P. C
RICHARD D. V
Executive Vice President
By:
APPROVED:
MJ~
ALLEN D. HA
ATTORNEY FOR MADERAS
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CALlF,ORNIA ALL-PURPOSE ACKNOWLEDGMENT
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personally appeared 1-1, r ,1, (( p )
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Name and Title of
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to be the person"tsl. whose name~are subscribed to the
within instrument and acknowledged to me tha@helthey
executed the same i~er/their authorized capacit~),
and that b~er/their signatureW-gn the instrument the
person~or the entity upon behalf of which the persort\Sl-
acted, executed the instrument.
WITNESS my hand and official seal.
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Signature of Notary Public .
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
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:
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
D Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
It> 1996 National Notary Association. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
CALI.FORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
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State of (" ~\, '-'" r ....--." 0.
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DATE .J NAME, TITLE OF OFFICER _ E.G., "JANE DOE, NOTARY PUBLlC.P"-.) >c:.:;I ,:'C
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personally appeared 12, c-"'~ o. "-lC--^v--."",
. NAME(S) OF SIGNER(S}
Q{personally known to me . OR - D 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 ac-
knowledged 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.
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SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITlE(S)
D PARTNER(S)
D LIMITED
D GENERAL
NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PEASON(S} OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184