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,
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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
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(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.
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,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.