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HomeMy WebLinkAboutContract 1533-6 Recording Requested BY DOC # 2015-0566299 First AmericanTMleCo 12/31/2015 03:14 PM Fees: $0.00 National Commercial SWIM Page 1 of 7 Recorded in Official Records County of Riverside Aldana RECORDING REQUESTED BY: ) Aster Assessor-County Clerk-Recorder ) CITY OF CATHEDRAL CITY AS ) "This document was electronically submitted SUCCESSOR AGENCY TO THE ) to the County of Riverside for recording** REDEVELOPMENT AGENCY OF ) Receipted by:TERESA#134 THE CITY OF CATHEDRAL CITY ) ) ( --[ C9).6 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: OP-570-018 ) /WS- ? �3 F 6 (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 pa bry G , 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 1 Recording Requested By Fist American Title Company National Commercial Services RECORDING REQUESTED BY: ) 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: 68-7-5-Y0-0c'3 ) /VCS- 7 2-3 P8-6 (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 fir'rnbr-v CI , 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 1 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] 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 By:It .. / _n By: Charles P. McClendon, City Manager Michael Murphy M ing Member Date:D e r t-m b e r- c j , 2015 Date: I t I'a-) I 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 the Healt & Safety Rde By: Charles P. McClendon, Executive Director Date:fl°«rnbcv 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 P DATA\CATH\0046-47 Murphy VW\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 VALIDITY OF THAT DOCUMENT. State of (14.1).-6 wt.i_— ) County of .A-601/A-12-42-A-- ) On I000, �3� a0.S, before me, 1- I I l , 1+ Vle� P L Date /�/ Here Insert Name and Title the Officer personally appeared*_____8:_. ChGti ["l U kr Name(s)of Signer(s) who proved to me on the basic of satisfactory evidence to be the person() whose names Is are subscribed to the within instrument and ackn , 'edged to me that/she/they executed th- -me i s/her/their authorized capacity(), and that byir er/their signature(k) on the instrument the M.T.HO person(), o the entity upon behalf of which the person) fl,;::!.''�t Commission No. 2036411 acted, executed the instrument. U o �.x NOTARY PUBUC CALIFORNIA z ',�. ALAMEDA COUNTY I certify under PENALTY OF PERJURY under the laws of the ` My Comm.Expires AUGUST 10:017 State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 10-1144,- 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 ofCC4I If1/0I01 County of Pi y )�s� On 1 Cel(Y1 CV'i,2,)lS, before me, Ty 'tCe� Ps. i-'Vt��w 7 1 NiiiVA PliL�QI.lei Date Here Insert Name and Title of t'he Officer personally appeared civvies Cwvici Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s%whose name(3'is/ap'e subscribed to the within instrument and acknowledged to me that he/shy/th4y executed the same in his/h'r/their authorized capacity(ies`), and that by his/hqf/therr signatures'on the instrument the TRACEY R MARTINtL person(st or the entity upon behalf of which the person.( Commission #2104537 I acted,executed the instrument. °r-: Notary Public•California z Z *,'�►% Comm 2019± 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. Signatur= 4_ , _ 4 ... Lj, A ♦ �� • • 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 C I f t i11\ ) County of I?i∎VCV�)1Ct� ) OnDecri k7 V ¶�5 before me, ., _ . V I r V\ �) e.--Date i Here Insert Name and Title of t e Officer personally appeared C' 1�1G.1�CS D , V`-Acekv1r ti Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,s,)"whose name(kris/apec subscribed to the within instrument and acknowledged to me that he/sh,k/th' executed the same in his/hqf/the authorized capacity(i j and that by his/hoer/th* signature($ on the instrument the 411.11„...,, TRACEY R.MARTINEZ person(;or the entity upon behalf of which the person _� Commission•2104537 acted,executed the instrument. < qr iii Notary Public•CalilanMa z ri% Riverside County I-- I certify under PENALTY OF PERJURY under the laws of the My Comm.E fires 22.2014 - ------- — State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur%, L �c a_ LL�i Place Notary Seal Above 6 • 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.