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HomeMy WebLinkAboutAgr 2017-05-15 (Convey Real Property to Library) "' IIiIIIIIIIIiIIIIiIiillliillli�I 011117'-00 20 8:29 Re c a I,d e,d I RFC: FEE 0,00 Offle"M Rlerords I RECORDING REQUESTED BY Cr'n;nty of i cotw-omia) upy mio AND WHEN RECORDED MAIL TO: Harin Assessor.-Roca I'dor I rrlunt.,v Clerk I Town of Tiburon I a Town Clerk 0 1:HIM ?u.'Hay-2011 1 P a g o 11 (7'i" 5 1505 Tiburon Blvd. Tiburon, California 94920 APN: 058-171-62 (portion) SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE (Exempt from recording fees pursuant to Government Code Sections 6103 and 27383) SECOND AMENDMENT TO AGREEMENT TO CONVEY REAL PROPERTY (-rk.-S otocume.,+ me-, CO3.^*eIrP&r4) THIS SECOND AMENDMENT TO AN AGREEMENT TO CONVEY REAL PROPERTY ("Second Amendment") is entered into this ',' Il day of 2017, by and between the TOWN OF TIBURON, a municipal corporation ('towi ") and the BELVEDERE-TIBURON LIBRARY AGENCY, a joint powers authority ("B1 RECITALS: A. On July 5, 2007, the Town and BTLA entered into an Agreement to Convey Real Property ("2007 Agreement") that provided for the Town to convey the Property to BTLA after the latter had raised sufficient funds to construct the Project. The Agreement was recorded on July 20, 2007 as Serial Number 2007-0044703 of Marin County Official Records. B. On December 5, 2012, the Town and BTLA entered into an Amendment (2012 Amendment) to the 2007 Agreement that modified certain provisions of the 2007 Agreement and extended its term by five (5) years to August 1, 2017. The 2012 Amendment was recorded on December 14, 2012 as Serial Number 2012-0078691 of Marin County Official Records. C. The parties have now agreed to amend the 2012 Amendment to extend its term for an additional five (5) years as set forth herein. AGREEMENT NOW THEREFORE BASED UPON THE FOREGOING RECITALS, THE PARTIES HEREBY AGREE AS FOLLOWS: A. Section 1(C) of the 2012 Amendment is hereby replaced with the following new Section 1(C): C. The term of this Amendment shall be ten (10) years, making the expiration date August 1, 2022. B. Except as expressly modified by this Second Amendment, the 2007 Agreement between the Town and BTLA, as amended by the 2012 Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of them, as appear below. TOWN: TLA: By: By: Greg h is Tom Gram Town nager Chair APPROVED AS TO FORM: APPROVED AS TO FORM: 7 Benjamin Stock, Riley Hurd, Town Attorney BTLA Counsel Page 2 of 2 A. Section 1(C) of the 2012 Amendment is hereby replaced with the following new Section 1(C): C. The term of this Amendment shall be ten (10) years, making the expiration date August 1, 2022. B. Except as expressly modified by this Second Amendment, the 2007 Agreement between the Town and BTLA, as amended by the 2012 Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of them, as appear below. TOWN: Qy: e By: �p � 2 Greg jellis Tom Gram Town Hager Chair 3 APPROVED AS TO FORM: APPROVED AS TO FORM: Benjamin Stock, Riley Hurd, Town Attorney BTLA Counsel Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Mayl 4 ) On i 1,)iII- before me, CIf im U01 �' r :�i �' _ 4'�l9 i Date Here Insert Name and title of the Officer personally appeared 3 ou wani5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the 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(ies), and that by his/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. oh- EMILY LEA STEFANI WITNESS my hand and official seal. Notary Public-California Jae Marin County P Commission#2169225 Signature M Comm.Expires Oct 23,2020 , ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 All-purpose Acknowledgment California only A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of d+t�t On L? f'? before me,(3er�vc­(rr ��Gi�l� � `��rawj ea�1!'c (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the 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/ BERNARD E.SCHWTMANA her/their authorized capacity(ies),and that by his/her/their signature(s) COMM.#2120222 m on the instrument the person(s),or the entity upon behalt of which the u NOTARY PUBLIC-CALIFORNIA y MARIN COUNTY -► person(s)acted,executed the instrument. t MY COM-GVft July 20,2019 I certify under PENALTY OF PERJURY under the la vvs of the State of California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand and official seal. Signature Description of Attached Document S tLC.L v t/� !4 , e. l / c' f fv C ct +✓ r ,.. Type or Title of Document _�!".,d Document Date Number of Pages Signer(s)Other Than Named Above Scanner Enabled Stores should scan this form Manual submission Route to Deposit Operations DSGS35OCA(Rev01-01/15) FO01-OOODSG5350CA-01