The URL can be used to link to this page

Home My WebLink AboutLREG Partnership 1st AmdtCITY OF FRESNO City Clerk's Office (Original) FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT This First Amendment To Disposition And Development Agreement (the "First Amendment") is entered into between THE CITY OF FRESNO, a municipal corporation (the "City"), THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, a public body, corporate and politic (the "Agency"), and LREG Partners, L.P., a California limited partnership (the "Developer"), as of the Effective Date (defined in this First Amendment). This First Amendment is entered into in respect to that certain DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") between City, Agency and Developer, with an effective date of November 29, 2007. All terms whose initial letters are capitalized and not otherwise defined herein shall have the meanings given them in the Agreement. Agency and Developer therefore agree as follows: 1. Recital B of the Agreement is hereby amended and restated in its entirety as follows: B. Developer proposes to lease the Property as a separate legal parcel with an option to purchase, and develop it privately with mixed uses consisting of between 168 and 171 multi -family residential units (Twenty -Four (24) of the residential units ("Affordable Units") are to be rented and preserved as Affordable Rental Housing.), office space, retail space and an approximate 40,000 square foot ice rink/recreational facility, as more particularly described in the Scope of Development, attached as Exhibit `B" (the "Project"). 2. Section 3.8.1 of the Agreement is hereby amended and restated in its entirety as follows: 3.8.1. CEOA Review. The appropriate CEQA document shall have been completed and certified in accordance with the California Environmental Quality Act. 3. Continuing Effect. Except as expressly provided in this First Amendment, the Agreement and all rights, duties, obligations and covenants of the parties thereunder are unchanged and remain in full force and effect. 4. Counterparts. The Parties may sign this Agreement in counterparts. Each counterpart, when executed and delivered, will be one instrument with the other counterparts. The parties will sign at least four duplicate originals of this Agreement. I REDEVELOPMENT AGENCY OF THE CITY OF FRESNO By: Marlene Murphey, Executive Director Dated: CITY OF FRESNO By: Andrew T. Souza, City Manager LREG PARTNERS, L.P., a California limited partnership 0 0 LEGACY REAL ESTATE GROUP, LLC, a California limited liability company, its General Partner THE ABOVE PARTIES ARE TO SIGN THIS AGREEMENT BEFORE A NOTARY PUBLIC NOTARYACKNOWLEDGMENTSAREATTACHED FOR CONVENIENCE. ATTEST: REBECCA KLISCH City Clerk LAA:cs[44023cs/agt12-8-08 APPROVED AS TO FORM: JAMES SANCHEZ City Attorney r r CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ra' sr)o On k0(aaq before me, (Hae _ personally appeared AodreAo 5ow7-a who proved to me on the basis of satisfactory evidence to be the person(sl whose name) is/a/e subscribed to the within instrument and acknowledged to me that he/sheAhep executed the same in his/hen4he4r authorized capacity(ip§), and that by his/herAheir signature(s) on the instrument the person(o, or the entity upon behalf of which the person(&) 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. THERESA SALDIYAR WITNESS my hand and official seal. aQIMY COMM. #1649668 z Notary Public California p 44r�LFresno County o Comm. Ex fres Aor. 3.2010 Signature of Notary Public (Notary Seal). ADDITIONAL OPTIONAL INFORMATION CRIPTION OF THE ATTACHED DOCUMENT ( e or description of attached document) (Title or description trached document Number of Pages Doc t Date (Additional information) ACITY CLAIMED BY THE SIGNER Individual (s) ❑ orate Officer (Tit ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other Zuua version CAPAv12,10.07800-8719865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment farm must be property completed and attached to that documem. The only exception is if a document is to be recorded outside of California. In such instances, any allemadve acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is diggal for a rotary in Calfornm ae. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequlred. • State and County information must be the State and County where the document ailments) personally appeared before the notary public foracknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (rotary public). • Print the names) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plum] forms by crossing off ircorrect forms (i.e. hs/sheJlhey— is /ere) or circling the correct fortes. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines If said impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. fi Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ee Indicate title or type of attached document, number of pages and data •� Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document m the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF FRESNO ) 2008, before me, Notary Public, personally appeared, ` j - proved to me on the basis of satisfactory evidence) to be the p n whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal 1AICIML RICKEY E. QUM" 7 Commlubn # 1731630 Notary Public • Caltotnla Prpno County 31W4Cama 1 11 (SEAL) N ARY PUBLIC S NATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES a SIGNER(S) OTHER THAN NAMED ABOVE 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF FRESNO On February 8 , 2008, before me, EMMA L. BAKER , Notary Public, personally appeared, MARLENE MURPHEY ,personally known to me (or proved 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. MV hAnd nn WailimkJaw 0. gwrig] —al. i uL. NMR R Nok" Fub#e - CawomO Froam Curdr (SEAL) 31,=1 NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT DATE OF DOCUMENT FEBRUARY 8, 2008 NUMBER OF PAGES 3 SIGNER(S) OTHER THAN NAMED ABOVE