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13-0425_FIRST AMERICAN TITLE COMPANY_Extension to Subdivision Improvement AgreementRECORDING 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 Recorded in Official Records, Orange County Hulh Nguyen, Clerk -Recorder IIIII 11111 11 11 11111 111 11 111 II 1 11II II 10 FE E *$ R 0 0 0 5 8 0 0 5 6 0$* 201300024722711:10 am 04125/13 90 413 E06 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 This Space for Recorder's Use Only 5V Extension to Subdivision Improvement Agreement T)f (Subdivision Improvement Agreement Tentative Tract Map 16168) When Recorded Mail To: City of San Juan Capistrano 32400 Paseo Adelante San Juan Capistrano, CA 92675 Attn: City Clerk (Space Above for Recorder's Use) Exempt from recording fees pursuant to Gov. Code 27383 and 6103 EXTENSION TO SUBDIVISION IMPROVEMENT AGREEMENT (Subdivision Improvement Agreement Tentative Tract Map 16168) This EXTENSION TO SUBDIVISION IMPROVEMENT AGREEMENT ("Amendment") is dated as of April 12, 2013, and entered into by and between FIRST AMERICAN TITLE COMPANY, a California corporation ("Subdivider"), and the City of San Juan Capistrano, a California municipal corporation ("City"), RECITALS: A. Subdivider and City are parties to that certain Subdivision Improvement Agreement Tentative Tract Map 16168 dated February 15, 2011, and recorded in the Official Records of Orange County on March 7, 2011, as Instrument No. 2011000119067 ("Original Agreement"), which provides for Subdivider to construct certain improvements and perform other obligations relating to the filing of a Final Map. All terms not otherwise defined herein shall have the meaning ascribed in the Original Agreement. B. Subdivider has requested, and City has agreed, to extend the time period for Subdivider to complete the improvements required under the Original Agreement, as set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Extension of Time. The first sentence of Section 3 of the Original Agreement is hereby modified to read: "All of the Works of Improvement shall be completed no later than February 15, 2015." 2. Authority. The persons executing this Extension on behalf of the parties hereto represent and warrant to the other parties that they are duly authorized to execute and deliver this Extension on behalf of such party, and by so executing this Extension, said party is formally bound to the provisions of this Extension. 3. Counterparts. This Extension may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. 538/012225-0126 2905388-2 a04/16/13 IN WITNESS WHEREOF, Subdivider and City have entered into this Extension to be effective as of the day and year first written above. "SUBDIVIDER" FIRST AMERICAN TITLE COMPANY, a California corporation By: Elis J uckha Its: Vice President, Director By. RLCQrpora a Real Estate Its: V c.q a,-. I e -,.A "CITY" CITY OF SAN JUAN CAPISTRANO, a California Municipal Corporation By: C W/i C, Its: City Engineer 538/012225-0126 2905388,2 a04/16/13 -2- ACKNOWLEDGMENT State of California County of = n Ae'/ ) On before me, c (insert nam and title of the officer) Personally appeared �1�z°,� �li�V1(l�'Yl �y�P.i'\ k _Y I �l u_ ,ice who proved to me on the basis of satisfactory evidence to be the person(s) whose n me(s) ij�/are subscribed to the within instrument and acknowledged to me that h /sh (they executed the same in h+/he /their authorized capacity(ies), and that by hi /her/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 true and correct. NICOLE 7HOMPSON-JACKSON WITNESS my hand and official seal.commission # 1971153 "�+ _ Notary Public - California Z Orange County My Comm. Ex ices Dec 10, 2013 r Signatu (Seal) 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 April 22, 2013, before me, Maria Morris, City Clerk, personally appeared Keith Van Der Maaten, City Engineer, 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 City Engineer Title Signer is Representing City of San Juan Capistrano hand and official seal. City OPTIONAL W Description of Attached Document Title or Type of Document Extension to Subdivision Improvement (Tract Map 16168) Number of Pages: 4