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14-0623_NEELY, JERRY W. & NANCY C._Development Agreement First AmendmentRECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Title of Document: Recorded In Official Records, Orange County Hugh Nguyen, guyen,�Kll�Il�erkI-�IRe�IIcl�oII�rder jjjjji1111 ``jjjjllIii j 111111111J 1I NO FEE *$a0006800211s* 2014000258576 2:47 pm 06130114 65 406 Al2 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 I This Space for Recorder's Use Only First Amendment to Development Agreement between the City of San Juan Capistrano and Jerry W. and Nancy C. Neely, as Trustees of the Neely Family Trust of March 3, 1989 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDM!NT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into as of the3�� day of TVnL , 2014, by and between THE CITY OF SAN JUAN CAPISTRANO (hereinafter collectively referred to as "City"), and Jerry W. and Nancy C. Neely, as Trustees of the Neely Family Trust of March 3, 1989 ("Property Owner"). RECITALS A. City and Property Owner entered into that certain Development Agreement, dated the 16t' day of November, 1999 (the "Agreement"), pursuant to which the City agreed to vest the zoning of the property of Property Owner pursuant to the Municipal Code of the City of San Juan Capistrano, in exchange for Property Owner's Waiver and Release with respect to a landslide that occurred on Property Owner's property on May 1, 1998. In addition, Property Owner allowed other work to be performed on its property associated with a series of land development and public infrastructure proposals. Although Property Owner promptly complied, through no fault of Property Owner or City, the development did not take place in the timeframe contemplated. Section 9 of the Agreement allows for, interalia, extension. B. The Parties wish to modify certain terms of the Agreement in the manner set forth in this Amendment, and the remainder of the Agreement remains in full force and effect. NOW, THEREFORE, City and Property Owner agree as follows Section 2 of the agreement is amended to read as follows: The Development Agreement is for a period of an additional ten (10) years as measured from the original expiration, to expire on November 16, 2029 unless extended. Two five (5) year extensions may be requested. At the time of each extension request, the City will evaluate only the aspect of whether a change in development fees has occurred. If there has been a change in development fees, the City may memorialize that change as part of the City's action on the extension request. By mutual agreement of the parties, only the issue of a change in development fees will be considered in any extension request, which shall not be unreasonably withheld. Section 4(b) of the Agreement is amended to read as follows: Development fees in effect as of the date of the approval of this First Amendment to Development Agreement shall apply to a specific development plan subsequently submitted to the City for review during the term of this Agreement. IN WITNESS WHEREOF, the Parties have each caused this First Amendment to Development Agreement to be duly executed as of the date first written above. APPROVED A TO FOR Hans Van Ligten, Ci om CITY OF,SAN JUAN CAPISTRANO Sam Allevato, Mayor PROPERTY OWNER W. NeelyAs Trustee of the Neely Family Trust ofAarch 3, 1989 Nancy C. Neely11 s Trustee of the NeMy Family Trust of March 3, 1989 ACKNOWLEDGMENT State of California County of On O !jj I S before rn..42 .0 —0422 (Insert name and Mle of the officer) �— personally appeared EjtQ S° �• iJ6C—LY �i4'1✓C y' C--Z.Y who proved to me on the heel of sadsfactory a dente to be the pe n(s) whose na (s}Il1am subscribed to the within instrument and acknowledged to me that he/she/they executed the same In IW War/their authorized capacity(les), and that by hfeMer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is We and correct. FffAWlSHU P. BADANI WITNESS hand antl ofOUal seal. COMM...190D960 n m11,01410 ~ mm 011111BECOIIIfTy w r Wr Tsm Ery. RIa00,1014 Signature (Seal) a 0 �WGAA wawi oeeeoer...Mrnoo ; � ,a ^ U ,PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On June 24, 2013, before me, Maria Morris, City Clerk, personally appeared Sam Allevato, Mayor, who proved to me on the basis of satisfactory evidence to the be 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, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Mayor Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Title or Type of Document First Amendment to Development Agreement between the City of San Juan Capistrano and Jerry W. and Nancy C. Neely, as Trustees of the Neely Family Trust of March 3, 1989.