HomeMy WebLinkAboutContract 1533-6 Recording Requested BY DOC # 2015-0566299
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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
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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]
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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
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.