First Amendment to Disposition and Development Agreement, Grant Deed and Maintenance Agreement 2000-0025004
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DOC..,) 2001-0017566
JAN 11. 2001 8:58 AM
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R,ECORDINGREQUESTED BY,
AND WHEN RECORDED MAIL TO'
Poway Redevelopment Agency
13325 Civic Center Drive
P.O Box 789
Poway, California, 92074-0789
Attention: Executive Director
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1111 II~"nll II ill I ~ IIHmmll,
2001.0017566
OFFICIAl RECORDS
SAltDIEGO CWNTV RECORDER'S OFFICE
GIDiORV J. SMITH, COOOV RECORDER
FEES: 0.00
b.i1\': 2
This document is exempt,fro!TI'payment ofa recording fee
pursuant to Government Code Section 27383.
FIRST AMENDMENT TO DISPOSITION AND 'DEVELOPMENT
AGREEMENT, GRANT DEED AND MAINTENANCE AGREEMENT
THIS FIRST ~NDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT, GRANT DEED AND MAINTENANCE AGREEMENT (the "Amendment") is
entered into as of December 19, 2000, by and among the POWAY REDEVELOPMENT
AGENCY"apublic body, corpofateand politic (the "Agency';); MATT TRAVIS, As Trustee Of
The Travis Family Trust Dated November I I, 1993 (the "Landowner"), and HMT AUTOMOTIVE,
INC., a California corporation (the"Operator").
RECITALS
A. The Agency, the Landowner and the Operator enterea into that certain Disposition
and Development Agreement dated as of November 4, 1997 (the "Agreement"), pursuant.to which
the Agency conveyed to the Landowner an approximately 1.6. acre parcel ofrealproperty located on
Poway Road 'east of Midland Road (the "Site"), and the Operator agreed to develop and operate an
automobile dealership thereon.
B. The Agency conveyed the Site to the Landowner pursuant to a "Grant Deed"
executed by the Agency and the Owner, dated as ofFebruary,9, 1998, which was recorded in the
official records of S1m Diego Couhty, California on February 19, 1998 as Document No. 98-
0084895 In connection with th",.Agency's conveyance of the Site ((j,the Landowner, the Agency,
the,0perator and the Landowner executed a "Maintenance Agreement," dated as of February 9, 1998,
which was recorded in the official records of San Diego County, California on February 19, 1998 as
Document No 98-0084897
C By this Amendment, the parties desire to.make certain revisions and additions to the
Agreement, the Grant.Deed and the Maintenance Agreemertt, in order to provide for the,approval of
Thrifty Car Sales as an "Authorized Product Line," to provide for.the consolidation of the Site and
land adjacent to the Site, to provide for the demolition orsubstantiaLrehabilitation of the
improvements on the land adjacent to the Site, and such, other matters as are set forth herein.
NOW, THEREFORE, the Agency, the Landowner and the Operator hereby agree as
follows:
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1. Approval of Thrifty CarSales. The AgllIl~yhereby approves Thrifty Car Sales as
an "AuthorizedPtoduct'Line," in replacement of, or in addition to, the Hyundai new cadine
Cl,lmntly beillg so!<l"ontheSite, pursuando Sections 402 and 603 of the Agreementand Section 3(b)
of the Grailt Deed executed pursuant.hthe Agreement Notwithstanding theforegoing,,the standards
set'forth'in the Agreement for an "Authorized Product I::ine"and "Conforming Dealership. Facility"
areilbtmodifiedby this Amendment Any further changes ,with respect to the Authorized Product
Line or Conforming Dealership Facility which are proposed ,by the Operator shall require the,
approval of tile Agency in accordance with the requirements of the Agreement and the Grant Deed.
lntheeveiltthat the Operator, proposes another nationallyrecogniz~dand advertised used car sales
facility as an Authorized Product Line, the Agency Executive Director shall have the authority to
approve such modification .undeTSection 606 of the Agreement The Agency Executive Director
shall not unreasonably withhold his consent thereto, pursuant to,the criteria set forth in Sections 402
and 603 ofthe Agreement and Section 3(b) of the Grant Deed.
2. Consolidation of,l'arcels. 'The Agency shall process and cause to be recorded a lot
line adjustment or parcel map whiCh consolidates into 1! single legal parcelthe Site and the parcel
adjacent to the Site located at '1361 1 Poway Road, on which the Midland Auto Repair and
Automotive Outlet used canales businesses (and a portion of the Hyundai dealership)arecutrently
operated (the "Adjacent Site"). The Landowner shall coopenite.withtheAgency'sprocessing of
such 10tJineadjustment or parcel map, including without limitation the execution of such documents
as may be necessary or appropriate to do so; provided, however, that the Agency shall be responsible
for all of the costs of such lot line. adjustment or parcel map. The,final approval and recordation of
such 10tJine adjustment.or parcel map shall occur within four months after the termination and/or
expiration of all leases of the Adjacent.Site. The.Landowner represents that the term of the current
lease ofthe,Midland Auto Repair,business expires on March 1,2005, and the term of the current
lease of the Automotive Outlet business' expires on February 25,2007 The Landowner shall not
enter into any new leases or extensions,Ofthe terms of such ieises without the written approval of the
Agency, which approval may be given or withheld in Agency's'sole discretion.
3. Rehabilitation of 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
termination and/or expiration 'of tlie terms of the currerit leases bfthe Adjacent Site.
4. Remedies. In'the.event that Landowner or, Operator, is in Default of its obligations
under this Amendment, and such Default is not tiniely cured in' accordance with the requirements of
Section SOl of the Agreement, the Agency shall in that eventbe entitled to revoke its approval of
Thrifty Car Sales as tlie Authorized Product Line by written notice thereof to Landowner and
Operator, in addition to any other remedies available to the Agency pursuant to the Agreement
5. Amendment of MaintenanceAgreement. The requirements of the Maintenance
Agreement are hereby made applicable to the Adjacent'Site as well as the Site.
6. Amendment of Grant Deed. The Agency's,option to reacquire the Site as set forth
in Section 8 of the Grant Deed shall apply only to the original Site, and not to the Adjacent 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, the Agency shall take such actions as
may be necessary or appropriate to detach the Site from the Adjacent'Site in order to acquire the Site.
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The Landawner shall caaperate with the Agency's processing af such detachment, including withaut
limitatian thee1Cecutian af suchdacuments as may be necessary ar appropriate to. do. sa; provided,
hawever, that the Agency shall be respansible far all afthe castsaf such detachment.
7: Use of Adjacent:Site; The uses an the AdjaceIitSite shall canfarm to. the Paway
Ra,ad Specific Plan, the Paguay Redevelapment Plan, and all applicable provisians af the Paway
Municipal Code; and shall also. be subject to. the nandiscriminatian provisians af Sectian 5 af the
Grant Deed. The other provisians afthe Agreement and Grant Dee'd shall nat be applicable to. the
Adjacent Site, natwithstanding its cansalidatian with the Site.
8. Termination of Amendment. In the event that the Operatar daes nat (a).cammence
the.operatianof a Tlrrifty Car Sales dealership an the Site within.ane year fram !he date afthis
Amendment, and (b) terminate the aperatian afthe Hyundai Dealership an the Site within ane year
fram the date af this Amendment, this Amendment shall autamatically terminate and shall be af no.
further farce ar effect. The provisians af Sectians 2 thraugh 7 afthis Amendment shall became
effective upan the first date an which bath canditians (a) and (b) afthis Section 8 have accurred.
9. No Other Changes. Except as expressly provided to. the cantrary in this
Amendment, the terms af the Agreement, Grant Deed and Maintenance Agreement, and any atht:r
dacuments executed pursuant to. the Agreement, shall remain in full farce .and effect as written. All
terms used herein.and nat defined herein but defined in the Agreement, Grant Deed and Maintenance
Agreement, as applicable, shall have the meaning given to. such terms in thase dacuments.
IN WITNESS WHEREOF, the Agency, the Landawner and the Operatar have executed
this First Amendment to. Dispasitian and Develapment Agreement as of the date set farth abave.
AGENCY:
POWAY REDEVELOPMENT AGENCY, a public
bady, carparate andpalitic
By'
. Cafagna
ATTEST:
Peoples
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STATE OF CALIFORNIA
COUNTYOF:)An D~~
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(Print Name of Notary Public)
, Notary Public,
persanallyappeared m'tc..h1. e.l P. ePr\-"'~A6..
M persanally knawn to. me
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o FrnVf~rf tn TTIP nn tlu~ h~l;!il;! nf o;:.~ti~factotY evicience' to be the personC() whose name~Bare
subscribed to. the within instrument and acknawledged to. me tha@"l,~/t!.ey executed the same
in ~eir autharized capacity(~, and that by ~8ritheir signatur~ an the instrument the
persan(~ or the entity upon behalf afwhich the persan~ acted, executed the instrument.
1.- - - - -S;ER~E~. .;o;a: - r WITNESS my hand and afficial seal.
1 . Commission # 122.3093 ,r
~. Notary Public - CafilomTo ~
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J - __ __ _ _ __ __ _ _ _ __ __ l SigitatureOfNotary
OPTIONAL
Though the data below is not required by law, it may prove valuabie to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o Individual
o Corporate Officer
Title(s)
~;r~ Am..tx:l~\"1l-I -to DCA- A6mT- ,
Title Or Type Of Document
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Partner( s) 0
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Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Limited
General
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Number Of Pages
Signer is representing:
Nam, arperson(s) ar EntityOesj I zlliJ '2Ci>()
Date Of Documents
mAti TI2Atl.S
Signer(s) Other Than Named Above
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LANDOWNER:
BY'
Matt Travis, as e afthe Travis Family
Trust dated Navember 11,1993
OPERATOR:
HMT AUTOMOTI~E, INC., a Califarnia
"<porn""" t
By'
Matt Trav esident
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STAtROF CALIFORNIA
COUNTYOF~
On JOf) klar~ 41 2!JD I ,befare me,
persanailyappeared \\!\Ov-ttIrLl Vito
persanally knawn to. me
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proved to. me an the basis af satisfactary evidence to. bethe.persan~ whase .name94. is/~
subscribed to. the within instrument and acknaw!edgeq to. me that he~th~ executed the same
in hisl1}ir/~r autharizedcapacity(~\ and th.a.t by his*/~ signature)() an the instrument the
persanQQ, ar the entJtyupan.behalf afwhlch the persan90 acted, executed the Instrument.
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JENNIFER FOHLlN
Commission #: 120022,
Nota~ Pub!ic . Califarf
SnnDi.ogo County
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, Natary Public,
(PrintNa~ of Notary Public)
Signat re fNotary
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
o Individual
i'iQ Corporate Officer
'?resIdent
Title(s)
o
Partner(s) 0
o
Attorney-In-Fact
Trustee( s)
Guardian/Conservator
Other:
Limited
General
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Signei'is represen~ing:
Name OfPerson(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
J1rnChdmen+
Title'Or Type Of-Document
--E
Number Of Pages
~rnberlgj2000
Date Of Documents
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