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Recording Requested BY DOC#2015-0566299
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Recorded in Official Records
County of Riverside
RECORDING REQUESTED BY: ) Peter Aldana
Assessor-County Clerk-Recorder
)
CITY OF CATHEDRAL CITY AS )
SUCCESSOR AGENCY TO THE **This document was electronically submitted
to the County of Riverside for recording**
REDEVELOPMENT AGENCY OF ) Receipted by:TERESA#134
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 Lab Guerrero )
Cathedral City,CA 92234 )
Attn:Agency Secretary )
APN: 682—s 0 0Y3 )
/VCS' 72-3 dl-t6 (Space Above for Recorder's Use)
Exempt from Recording Fees Per Government Code Section 27383
PARTIAL RELEASE AND TERMINATION OF THE
DISPOSITION AND DEVELOPMENT AGREEMENT
PLEASE TAKE NOTICE THAT this PARTIAL RELEASE AND TERMINATION OF THE
DISPOSITION AND DEVELOPMENT 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 of DTCfrrbrr• ,2015.
The Redevelopment Agency of the City of Cathedral City and the Developer entered
into a Disposition and Development Agreement (the "DDA"), dated June 22, 2011, a
Memorandum of which was recorded as Document No. 2012-0300735 in the Official Records of
the County of Riverside, California on June 28, 2012, which called for the transfer to Developer
of certain land for purposes of developing an automobile dealership and an access road.
Attached as Exhibit "G" and incorporated into the DDA, the "Declaration of Redevelopment
Covenants" was separately recorded as Document No. 2012-0300737 in the Official Records of
the County of Riverside, California on June 28, 2012.As a result of the dissolution of the former
Redevelopment Agency of the City of Cathedral City by action of California State Legislature on
February 1, 2012 and the appointment of City of Cathedral City becoming Successor Agency to
the former 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 Successor Agency, the Developer and Conneaut Partners, LLC ("Conneaut") have
agreed to enter into a Property Transfer Agreement for the transfer of parcels or portions
thereof as described on Parcel Map No. 36428 (the "Map"). As part of the terms contained
within the Property Transfer Agreement, Developer has agreed to transfer to Conneaut Parcel
8, as described in Exhibit "A" attached hereto and incorporated herein, in exchange for Parcel
11 to be transferred to Developer by Conneaut for inclusion as part of the Access Road as
required by the DDA.
The Successor Agency and the Developer hereby agree to terminate the DDA for Parcel
8 and forever release the encumbrance of the DDA for Parcel 8 except for the
nondiscrimination covenants and the nonsegregation covenants set forth in Section 4.03
"Obligation to Refrain from Discrimination" and Section 4.04 "Form of Nondiscrimination and
Nonsegregation Clauses" in Article IV "Use of the Site" of the DDA. The Successor Agency and
the Developer hereby further agree to terminate and forever release the encumbrance of
Exhibit "G" "Declaration of Redevelopment Covenants" of the DDA for Parcel 8 except for the
nondiscrimination covenants and the nonsegregation covenants set forth in Section 2.g
"Redevelopment Covenants" and Section 3 "Obligation to Refrain from Discrimination". The
Successor Agency and the Developer acknowledge and agree that upon recordation of this
instrument that the Successor Agency, the Developer and any other subsequent owners are
each hereby relieved of any obligations under the DDA, including Exhibit "G" "Declaration of
Redevelopment Covenants",for Parcel 8 except to those nondiscrimination and nonsegregation
covenants listed herein. This Agreement shall only apply to Parcel 8 and the DDA, including
Exhibit "G" "Declaration of Redevelopment Covenants", shall remain effective for all other
parcels on the Map unless otherwise specified in a separate written agreement.
This Agreement may be executed in any number of counterparts, each of which shall be
considered original.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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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
�i n
By:�� L /- - By:
Charles P. McClendon, City Manager Michael Murphy M ing Member
Date:. 'CCmbe- e , 2015 Date: It ta'��1 C , 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 j
the Healt &Safety Rde
By: 6,ti I d 1
Charles P. McClendon,
Executive Director
Date:fl' rnbav 9 , 2015
Attest:
Gary F. Howe I
City Clerk
Approved as to form:
GREEN DE BORTNOWSKY, LLP
Charles R. Green
City Attorney
P:\APPS\W PDATA\CATH\0046-47 Murphy VW\DOC
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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 ( " )
County of )
On tiOO• P-3� o`�.O(�, before me, P1, -T, ( II/0+411 P�L
Date Here Inset Name and Tttle he Officer
personally appeared IGi1f(i /"I U k p -...___
Name(s)of Signer(s)
who proved to me on the basi of satisfactory evidence to be
the person($) whose namQ(s) Ijs are subscribed to the within
instrument and ackn e • ledged to me that/she/they
executed th�-�1 me i W her/their authorized capacity),
and that by 'Y� er/their signature(A) on the instrument the
M.T.HO person(), . the entity upon behalf of which the personV)
1avez,.4•1� Commission No. 2038411 acted,a ecuted the instrument.
V ' s•s'.{ NOTARY.PUBLIC-CALIFORNIA,.
` �• AL(WED14cOUNTY I certify under PENALTY OF PERJURY under the laws of the
My Comm.Ewes AUGUST tO.`'4017 I State of California that the foregoing paragraph is true and
I correct.
WITNESS my hand and official seal.
I.
Signature P14414/D—
Place Notary Seal Above
4
CERTIFICATE OF ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR
VALIDITY OF THAT DOCUMENT.
State of C&1(If tvn 1 G1
County of "P11 Ye f-)l
On terellY11Zri 12015, before me, Tirotr evi `R. '-to iA-;vie? ]N VI N \ PU Q\ G
Date Here Insert Name and Title of the Officer
personally appeared C f 1f 4 V ICS • V.4C6I•ernd 6►�1
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be
the person(s,)'whose name(3'is/ajfe subscribed to the within
instrument and acknowledged to me that he/sh4/th4
executed the same in his/hiir/their authorized capacity(ieS),
and that by his/hqf/thei'r signature(4 on the instrument the
TRACEY R MARTINEZ person(s•); or the entity upon behalf of which the persorl,(61
Commission#2104537 acted,executed the instrument.
a r Notary Public-Calitomia
RiveraideCounty I certify under PENALTY OF PERJURY under the laws of the
Con EIl�ire$A�2I 2OIll� State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signatur-: L. . _ <,_1A/11, . ♦ :
6
Place Notary Seal Above ,
5
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 CG1s-ft r\to
County of R,V6v f-AoP
onDZC(Xy bey ¶2i4before me, _ 'J i a ' ir. P
Date / Here Insert Name and Title oft e Officer
personally appeared C,h&tVk5 I tc( ktifidli
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be
the person(,se)'whose name(s4s/a0 subscribed to the ithin
instrument and acknowledged to me that he/slye/th '
executed the same in his/hc/the) authorized capacity(iogr,
and that by his/her/thQ{r signature(7j on the instrument the
TRACEYR.MARTINEZ persons;or the entity upon behalf of which the person
commission•2104537
acted,executed the instrument.
z , Notary Publk-California
RivenieuCouMy I certify under PENALTY OF PERJURY under the laws of the
My Comm.E 21,tot! State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signatur , L A�f .AA_
Place Notary Seal Above
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EXHIBIT"A"
PARCEL 8 LEGAL DESCRIPTION
Parcel 8 of Parcel Map No. 36428,as filed in Book 235 of Parcel Maps, at Pages 69-71, inclusive,
Records of Riverside County, California.
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