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Home My WebLink AboutRecorded Doc 2015-101 2015-101 DOC # 2015-0566298 12/31/2015 03:14 PM Fees: $0.00 Page 1 of 7 Recorded in Official Records County of Riverside Recording Requested BY Peter FistAmedcarameCorfP�Y Assesssor-Coor-Co unty Clerk-Recorder National Commercial Services **This document was electronically submitted RECORDING REQUESTED BY: ) to the County of Riverside for recording** Receipted by:TERESA#134 CITY OF CATHEDRAL CITY AS ) SUCCESSOR AGENCY TO THE ) REDEVELOPMENT AGENCY OF ) THE CITY OF CATHEDRAL CITY ) AND WHEN RECORDED RETURN TO: ) CITY OF CATHEDRAL CITY AS ) SUCCESSOR AGENCY TO THE ) REDEVELOPMENT AGENCY OF ) THE CITY OF CATHEDRAL CITY ) 68-700 Avenida Lalo Guerrero ) Cathedral City,CA 92234 ) Attn:Agency Secretary ) APN: 447-Slo-o(1/4Lv46 ) /VC$— 2 Z 3(PS'S— (Space Above for Recorder's Use) Exempt from Recording Fees Per Government Code Section 27383 ACKNOWLEDGEMENT AND RELEASE AGREEMENT PLEASE TAKE NOTICE THAT this ACKNOWLEDGEMENT AND RELEASE AGREEMENT ("Agreement") is entered into by and among the CITY OF CATHEDRAL CITY, a California municipal corporation (the "City"), the CITY OF CATHEDRAL CITY SOLELY IN ITS ROLE AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY, a separate legal entity existing under the Health &Safety Code Section 34173 ("Successor Agency") and M & M PROPERTY COMPANY, LLC, a California limited liability company ("Developer"), and is dated for reference purposes as ofjJcreneb 'vet, 2015. Collectively said parties may be referred to herein as the"Parties,"or individually as a "Party." The former Redevelopment Agency of the City of Cathedral City (the "Redevelopment Agency") entered into a Disposition and Development Agreement (the "DDA") with the Developer, dated as of June 22, 2011, a Memorandum of which was recorded as Document No. 2012-0300735 in the Official Records on June 28, 2012, which called for the transfer to the Developer of certain land located in the area covered by the Map for the purposes of developing an automobile dealership (the "Automobile Dealership") and, on Parcel 1 and Parcel 11 an access road (the "Access Road"), which road would benefit not only the Developer's land but other parcels as well. In order to facilitate the construction, the Redevelopment Agency advanced funds to the Developer for the development of the Access Road. The Developer has completed all construction for the Access Road and the development is now complete. As a result of the dissolution of the Redevelopment Agency by action of California State Legislature on February 1, 2012 and the appointment of City of Cathedral City becoming Successor Agency to the Redevelopment Agency, Successor Agency has the authority to act on behalf of the Redevelopment Agency, including for the purpose set forth in this Agreement. The Parties have agreed to enter into a Property Transfer Agreement to set forth certain terms for the transfer of parcels or portions thereof as described on the Map. The Parties have further agreed to enter into a Non-Exclusive Easement Agreement to set forth terms for the Access Road easement and the sharing of maintenance costs for the Access Road. Successor Agency is the current owner of Parcel 6 and Parcel 7 on the Map. The Parties hereby acknowledge that the funds advanced by the Redevelopment Agency for the construction of the Access Road by the Developer are for the benefit of Parcel 6 and Parcel 7, non-exclusively, and that the Successor Agency, acting on behalf of the Redevelopment Agency, is not entitled to any other reimbursement by the Developer for said funds. The Parties hereby agree to release and hold harmless each other from any and all liability know and or/unknown now or in the future in connection with the development of Parcel 1 and Parcel 11, the access road, and the development of Parcel 2, the automobile dealership showroom and its related facilities. This Agreement may be executed in any number of counterparts, each of which shall be considered original. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 2 WHEREFORE,the Parties have executed this Agreement intending to be bound thereby. CITY: DEVELOPER: CITY OF CATHEDRAL CITY, M&M PROPERTY COMPANY, LLC, a municipal corporation a California limited liability company / � Charles P. McClendon, City Manager Michael Murph , Ma g Member Date:te{'ri'Y1tc&/✓ Ci , 2015 Date: it! , 2015 SUCCESSOR AGENCY: CITY OF CATHEDRAL CITY SOLELY IN ITS ROLE AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY, a separate legal entity existing under the H-a &Safety�Co.e B : .� t i, Charles P. McClendon, Executive Director Date:Detoy1,19ev cl , 2015 Attest: 14'611,1_. Gary F. Ho -II City Clerk Approved as to form: GREEN DE BORTNOWSKY, LLP City Attorney Charles R. Green P:\AP Ps\W PDATA\CATH\0046-47 Murphy V W\DOC 3 CERTIFICATE OF ACKNOWLEDGMENT 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 VAUDITY OF THAT DOCUMENT. State of 84 -d ) County of * Q ) On JU(JP.m o&3,c�Oj ore me, P4, /f f' 2 rU)1 ��-c.� 7° Ii 2 Date Here Insert Name and Title a Officer personally appeared c15g( Mu'i'e 4 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personr(4)whose names is re subscribed tphe within instrument and ackn�e ed to me that he she/they executed the me in i her/their authorized capacity(ip ), and that by i /her/their signature(s) on the instrument the 17 """"" person(), or the entity upon behalf of which the person) ..f.„..„, M.T.Ho acted,executed the instrument. ;;., . Commission No. 2036411 z V 173';•c NOTARY PUBLIC-CALIFORNIA z v l., ALAMEDACOUNTY I certify under PENALTY OF PERJURY under the laws of the V.15 MyComrq.Eimires AUGUST.1D.001T. State of California that the foregoing paragraph is true and . t correct. WITNESS my hand and official seal. Signature ilVHfra Place Notary Seal Above 4 CERTIFICATE OF ACKNOWLEDGMENT 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 CU1► b/f 11 21 ) ) County of V;IVPv i me, ) On Vei(rl&Y ,�S, before me,TG{CCy '2. kCI vhi0e2) WO\74,A,1 Puk ic, Date n Here Insert Name and Title of the Officer personally appeared C, VAI/)r, CCiGr a(i(1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persolwhose name1s)'is/aesubscribed to the within instrument and acknowledged to me that he/shi/t* executed the same in his/hqq/their authorized capacity(ie , and that by his/I r/thkir signature on the instrument the TRACEY R.MARTINEZ person(s,};or the entity upon behalf of which the person( t acted,executed the instrument. b Commission 9 2104531 Notary Public-California is .. i -r% Riverside Coin I certify under PENALTY OF PERJURY under the laws of the �_ _ N�Colrinl.Ell�iresA�r�1`2019 State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l!. , e IA, A A ! IA i1 I Place Notary Seal Above 5 CERTIFICATE OF ACKNOWLEDGMENT A NOTARY PUBUC 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 VAUDITY OF THAT DOCUMENT. State of Cr,► fOitri IU County of litVP,1/ji k. OnDfjmbeV r'I( 2b15,before me,Tr7'(N �. .Gi✓ *ipi, t v Vt 7i 1 G Date Here Insert Name and Title of the Officer personally appeared C'hIAIBS .).1 efleA1dC Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(i'whose name(,sr3 is/are'subscribed to the within instrument and acknowledged to me that he/s1i4/tl.ey executed the same in his/h /theif authorized capacity(iest and that by his/het/the*signature(p on the instrument the TRACEY R.MARTtNEt person(s)!or the entity upon behalf of which the person(s)' commission 0 2104537 acted,executed the instrument. Hoary Public-California = zq _ ri"1"1"11".1"1"111614r Riverside County I certify under PENALTY OF PERJURY under the laws of the Comm.E 21 2019 -- mi--- "te_s _t_ _ State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur., _/A ,.► l Place Notary Seal Above • 6 1 EXHIBIT"A" PARCEL MAP NO. 36428 O f\-kn-V‘o ao3 OPA \ -4€0C\-, 7