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Third Amendment to Development Agreement 1996-0367948C ` 4 ti • 1 # 1996-0367948 23—JUL-1996 09:20 t i RECORDING REQUESTED BY: City of Poway WHEN RECORDED, MAIL TO City Clerk City of Poway P.O. Box 789 Poway, CA 92074 818 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNIY RECORDER RF'. 7.00 FEES= 13.00 AF: 5.00 "1F = 1.00 No Transfer Tax Due (This space for Recorder's use) THIRD AMENDMENT TO DEVELOPMENT AGREEMENT AMENDING RECORDED DOCUMENT 095- 0303548 - RECORDED 7 -18 -95 This Third Amendment to Development Agreement ( "Third Amendment ") is made and entered into as of June H, 1996, 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 "). On July 11, 1995, the City and the Developer entered into a Second Amendment to Development Agreement ( "Second Amendment "). B. Purpose 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, 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. 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 SD 175 \envdev \third3. amd 819 6 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, as 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 POWAY By. Don L. Higgi s M or of the City of Poway ATTEST: Marjorie K. Wahlsten, City Clerk APPROVED AS TO FORM: Stephen M. Eckis. City Attorney "Developer" ENVIRONMENTAL DEVELOPMENT, LTD., a California limited partnership By: Planned Real Estate Investments, Inc. a California Corporation, general partner -1 By: Bruce E. E. Tabb, President SD175 \envdev \third3.amd 2 CALIFORNIA ALL- PURPOACKNOWLEDGMENT 820 State of r7� County of On before me, �O r111 9*43AEVI Date Name and Title of Officer (e.g., "Jane Doe, Notary P blic ") �/ personally appeared ��u �' '- b Name(s) of Signer(s) ❑ 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, j "MWWPUBW -CSI POFINA – le executed the instrument. My Commission Exp, Oct. 21, 1997 WITNESS my hand and official seal. Sign ure 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER •• Signer's Name: 1 Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing- RIGHT THUMBPRINT OF SIGNER of 0 1994 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