Second Amendment to Development Agreement 1995-030354851-
21 L-1995 08 z 41 AN
RECORDING REQUESTED BY:
C IAL
CITY OF POWAY ) 'JFFi
,A DIEGO MHTY RECPRDERIS OFFICE
GFE:DRY SPIITG, COIi�?TY RECnRDER
AND WHEN RECORDED MAIL TO: ) RF; 8.00 FEES 16. 00
AF: 7.00
CITY CLERK ) MP 1.00
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92074 )
(This space for Recorder's Use)
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Second Amendment to Development Agreement ( "Second
Amendment ") is made and entered into as of July // , 1995, 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 Agreement. 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 ").
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.
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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:
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 TTM 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 1, 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
kv 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.
SD 175 \envdev \secwnd6. amd
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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.
ATTEST:
Marjorie `K. Wahlsten,
City Clerk
T FORM:
M.
"City" CITY OF POWAY
By: ,
Don L. Higgin o f
the City of Poway
"Developer" ENVIRONMENTAL DEVELOPMENT,
LTD., a California limited
partnership
By: Planned Real Estate
Investments, Inc. a
California Corporation,
general partner
Bruce E. Tabb,
President
(Notarization Required)
SD 175 \envdev \second6. amd 3
} 221
STATE OF } S. S.
COUNTY OF I&La }
On before me,
Notary Public in and for
said Cgrity 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) istare subscribed to the within
instrument and acknowledged 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.
WITNESS my hand and official seal. Elizabeth N. Lee
V U k Comm. #1032717 n
VOW OHO COUNTY A
OoMrn EgMaN Jug, 21. �io8
Signatur
(This area for official notarial sea[)
}
STATE OF ) S.S.
COUNTY OF }
On , before me, , a Notary Public in and for
said County 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) is/are subscribed to the within
instrument and acknowledged 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.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
}
STATE OF ) S.S.
COUNTY OF }
On , before me, , a Notary Public in and for
said County 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) istare subscribed to the within
instrument and acknowledged 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.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)