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1996-0528_KI/FKLA RANCHO REALTY_Amd to Subdivision Improvement Agreement ( Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder , I IIIII III II II IIIII I I II II III II I I III II II II ll III 19.00 19960264701 2:02pm 06/28/96 005 8005621 08 28 RECORDED AT THE REQUEST OF A17 5 7.00 12.00 0.00 0.00 0.00 0.00 AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto - \ 1, • • San Juan Capistrano, CA 92675 AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (Parcel Map 85-306) Rosan Ranch,,San Juan Capistrano, California This amendatory agreement is made this 16th day of April, 1996, by and between the City of San Juan Capistrano (hereinafter referred to as "CITY"), KI/FKLA Rancho Realty, LLC, a Delaware limited liability company successor in interest to Bedford Development Company, a California \6 Corporation, formerly known as Kaiser Development Company, a California Corporation (hereinafter referred tows "DEVELOPER") do Kemper Real Estate Management Company, 3697 Mt. Diablo Blvd., Ste 100, LaFayette, CA 94549; and, Toyota Motor Sales, USA, Inc., a California Corporation (hereinafter referred to as Toyota), located at 19001 South Western Avenue, Torrance, CA 90509. Doc #87-397561, recorded 7/13/1987 WHEREAS,CITY and DEVELOPER_entered into a Subdivision Improvement AgreementY dated July 7, 1987,?pursuant to CITY's approval of Parcel Map 85-306; and, WHEREAS, said improvement agreement provides for construction of public improvements by DEVELOPER within a period of two years; and, . WHEREAS,an amendment to said agreement extending the completion of said public work improvements until July 7, 1990, was approved by the City of San Juan Capistrano on May 2nd, 1989; and, WHEREAS, Toyota has purchased a portion of said parcel covered by said Subdivision Improvement Agreement; and, WHEREAS,each of DEVELOPER and Toyota desires to complete said public improvement prior to occupancy of its portion of the property covered by the Subdivision Improvement Agreement NOW,THEREFORE,BE IT RESOLVED,between CITY and DEVELOPER and Toyota that Paragraph 9 of said Subdivision Improvement Agreement be hereby amended to read as follows: "9. Each of DEVELOPER and Toyota agrees to complete all of said, work and improvement and to pay all costs specified herein for its portion of the property • covered by the Subdivision Improvement Agreement prior to occupancy of its s.- . . ___, portion. DEVELOPER or Toyota iIiay be granted an extension of time due to delay in completion of the work and improvements beyond the time named in this agreement for completion of said work and improvements caused by acts of God or by the public enemy, fire or flood not caused or preventable by DEVELOPER or Toyota, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the DEVELOPER or Toyota shall notify the City Engineer of cause of the delay within ten(10) calendar days from the . beginning of any such delay. The City Engineer shall ascertain the facts and the extent . of the delay and his findings thereon shall be final and conclusive. Any such extension J - • of time due to delay shall, however, be subject to all the terms and conditions of this agreement, and any surety or other security shall continue in full force and effect until the work and improvements have been accepted by the CITY." ATTEST: CITY OF SAN JUAN CAPISTRANO s ip -; _-- r t(-1( q.6/ Ltazi- Ci:t Cler- 1k WYA4 HART, MAYOR Approved as to Form oat KUFKLA RANCHO REALTY, L.L.0 l/ 4121CA a Delaware limited liability company i ABy: Kemper Real Estate Management City Attorney Company, its attorney infact ♦ • By. — &niorVice President TOYOTA MOTOR SALES, U.S.A., INC.INC. , a California Corporation By: fin. v Robert Pitts, Group Vice President Finance and Administration r `i J • _ " ! - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `— ' No.5193 1 State of California OPTIONAL SECTION 1 f _,.(/ CAPACITY CLAIMED BY SIGNER r County of Los Angeles Though statute does not require the Notary to f f fill in the data below,doing so may prove f (/()� 0n4/R196 before me, //////// Lydia I. Rico /////// invaluable to persons relying on the document. / DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" ' ❑ INDIVIDUAL f 2 personally appeared ///////// Robert Pitts //////////// /////////// • %� CORPORATE OFFICER(5:1 Group r NAMES)OF SIGNERS) Vice•PreQidnt Finance a I ¢'LvJI f f I personally known to me- OR- 0 proved to me on the basis of satisfactory evidence d I�MITED fto be the persons whose name() ism ❑ GENERAL sIubscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT • oknowledged to me that he,SPQ9Cexecuted ❑TRUSTEE(S) fthe same in his/Pi r +N authorized 0 GUARDIAN/CONSERVATOR 0 r Capacityj, and that by his/I �€Pli r I• ❑OTHER: .- - f . f- signature( on the instrument the person(§), 1 _ or the entity upon behalf of which the r f1,7,5A,--,- 1^ Fersor> acted, executed the instrument. fL�®�' 9� ® SIGNER IS REPRESENTING: f---.NOTARY PUBLIC -CALIFORNIAN WITNESS my hand and off cial seal. NAME OF PERSON(S)OR ENTITY(IES) 1 / 1 ' LOS ANGELES COUNTY A 4,,rr, ," My Comn. Expires Aug.2, 1996" I/ (J SIGNATURE OF NOT'R r t0 OPTIONAL SECTION ydia I. Rico . f 0 THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMEN endment to Subdivision Improvemen f THE DOCUMENT DESCRIBED AT RIGHT: _2_ None Agreement r NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, None _-1 it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE f .1`1'N1111'.1-`.'.•.111'.'ti11111'.11-�1"�ti1'.1'.'\1111'`11-`ti'.1'.�'�'`1'�1ti1."�ti'`1-`1..1'1111'.t-`11L'\L'.-`ti's-�\1111111."`-\."�11'`11v ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 , • ACKNOWLEDGEMENTS • STATE OF CALIFORNIA ) ) SS. COUNTY OF CONTRA COSTA ) On April 10, 1996, before me, Carolina E. Roberts, Notary Public, personally appeared Dennis Klimmek, personally known to me or provided to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the within instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. WI ESS my .• and and official seal =vr CAROLINA E. ROBERTS A/' w 'n .- Comm.#1088609 ,,Cn w M,U NOTARY PUBLIC CALIFORNIA Y! / Contra Costa County "" My Comm. Expires Feb,22,2000 Notary Public in and for said County and State • • 1 r. PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) 7 • (Gov't Code 40814 & Civil Code 1181) On April 16, 1996 , before me, Cheryl Johnson , City Clerk, personally appeared Wyatt Hart ,,- personally known to me to be the person whose name is r• i 7_,. .,. subscribed to the within instrument and acknowledged to me ' "-'= ' " `1. that he executed the same in his authorized capacity, and that ��� PrP;, t �. ;1' �' '' ' f,':c,Rt.. ``-, : ,--.4.,,N,.,,,',,;,' by his signature on the instrument the person, or the entity d . ; _ :,�'' `e__,� upon behalf of which the person acted, executed the tr : ' ,;tit Y,;. —1: '°'' i,_ S.° instrument. a ' f "'off' f WITNESS my hand and official seal. (2__,A.,23,L4111 City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Amendment to Subdivision Improvement Mayor Agreement-Rosan Ranch/Toyota Title Title or Type of Document Signer is Representing 5 City of San Juan Capistrano Number of Pages April 16, 1996 Date of Document Robert Pitts and Dennis Klimmek Signer(s)Other Than Named Above 10 • • 'I .7 rt \ ":1 ; t 1 • ,-,