2_Exhibits A, B & D - Laserfiche WebLink

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ******************************************************************************** STATE OF CALIFORNIA COUNTY OF ALAMEDA On August 14, 2013 , before me, KAREN D. GONZALES , Notary Public, personally appeared NELSON FIALHO who 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. WITNESS my hand and official seal. KAREN U. GONZALES w?r' Cela+#2012158 r..; Wry MilkWilmot& Signat - Ali /L/& 1 di "4eaI) COMM.Ex nt Mar 15,2! 17 ILLEGIBLE NOTARY SEAL DECLARATION (Government Code 27361.7) I declare under penalty of perjury that the notary seal above on this document reads as follows: NAME OF NOTARY PUBLIC KAREN D. GONZALES COMMISSION NUMBER: 2012158 NOTARY PUBLIC STATE: CALIFORNIA NOTARY PUBLIC COUNTY: ALAMEDA MY COMMISSION EXPIRES: M•• ••CH 15, 201 / SIGNATURE OF DECLARANT(---- Ad. A _.A ' 0 , . PRINT NAME OF DECLARAN _ Karen D. Gonzales {{{/ CITY & STATE OF EXECUTION: Pleasanton, California DATE SIGNED: August 14, 2013 r4-+r,.. nations as the Planning Commission. On that same date, the City Council made a decision to approve this Second Amendment by introducing Ordinance No. 2073. On June 18, 2013, the City Council adopted Ordinance No. 2073. NOW, THEREFORE, pursuant to the authority contained in California Government Code Sections 65864-65869.5, and in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows: 1. Section 2.2 is hereby amended and restated as follows: 2.2 Term. The term of this Agreement and Developer's rights and obligations hereunder shall terminate on December 31, 2017. 2. Except as expressly modified by this Second Amendment, the City and Developer hereby ratify and confirm the terms and conditions of the Agreement and First Amendment, which are fully incorporated herein by reference and shall continue in full force and effect. 3. This Second Amendment may be executed in multiple counterparts, all of which taken together shall constitute one and the same instrument. This Second Amendment shall be duly recorded in the Official Records of Alameda County. Page 2 nced by the Notes and the Loan Agreement and secured by, among other things, the Security Instrument on the Property and is thus a "holder of a beneficial interest under a Mortgage" and a "Mortgagee" as such terms are used in the Development Agreement Accordingly, this notice is being delivered to the City of Pleasanton (the "City") by Lender pursuant to the terms of Section 14 3 of the Development Agreement to advise the City that Lender is entitled to the rights granted to a "holder of a beneficial interest under a Mortgage" and a "Mortgagee" under the Development Agreement Without limiting the foregoing, Lender hereby specifically requests, pursuant to the terms of said Section 14 3, Loan No PRU 706110163/NYL 374-0753 Stonendge Mall Notice Letter to the City of Pleasanton,CA 28163403v 2/028227-001530