HomeMy WebLinkAboutContract 1533-7 DOC # 2015-0566298
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Recorded in Official Records
t. County of Riverside
Peter Aldana
Recording Requested BY Assessor-County Clerk-Recorder
Fltst Amet1oart Tme Company
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 ) 22
REDEVELOPMENT AGENCY OF ) S Y)
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: 07-510-0W 0116 )
/VCS- 2 Z 3� (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 oflaTrJ xv C1, 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.
Recording Requested By
First 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: W-s f0-oY( -d'/6 )
/VCS- 2 2 3 (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 of IJtT'v7(v CI, 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.
1
•
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]
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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
B ( 1/A /�l_�//� By:
v
Charles P. McClendon, City Manager Michael Murphy, Ma g Member
Date:VeCn V)P/✓ Ci , 2015 Date: It *1-1 , 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 Ha ,& SafetyCode /
BY: L,� J //(_.. ,,,_ �-
Charles P. McClendon,
Executive Director
Date:Dewrn,I pc'v e71 , 2015
Attest:
elleSIMIL /
Gary F. Ho -II
City Clerk
Approved as to form:
GREEN DE BORTNOWSKY, LLP
City Attorney
r Charles R. Green
tai'
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 0-A--LiTY — )
County of ittt,v►ti4 )
On N0JP_.►'nbao23,,0 ore me, �, /r C ►O 40 7° '-
Date Mid‘. Here Insert Name and Title a Officer
,
personally appeared 1 . 4t( r"t w rP
Name(s)of Signer(s)
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who proved to me on the basis of satisfactory evidence to be
the person,(4) whose names Is re subscribed tehe within
instrument and ackn�e ed to me that he she/they
executed the ame in hi her/their authorized capacity(ip. ),
and that byj/her/their signature(s) on the instrument the
»»»»»•-�•••-•—~••' """"' person(), or the entity upon behalf of which the person)
M.T. HO acted, executed the instrument.
'� i ': . Commission No. 2036411 g
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I.7.,.",',.: NOTARY ALAME PUBLIC-CALIFORNIA COUNTY I certify under PENALTY OF PERJURY under the laws of the
Z � = ALAMEDA COUNTY
My Comm.Expires AUGUST 10,2017 State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature HA/C1
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 co1\11D/ a►G1
County of P? IV(✓�I(ate - -
On De(`e(fYl ✓c1,�1 , before me, I Y 00,e1 Q 141 V�iYZ) t"3 0A1 PU 2\I C./
Date Here Insert Name and Title of the Officer
personally appeared CVCJV( ekc nclb l
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be
the perso9.( whose namees) is/ate subscribed to the within
instrument and acknowledged to me that he/shr�/tb�ey
executed the same in his/h9/th,t�ir authorized capacity(ief),
and that by his/I*r/thfr signature(yr on the instrument the
TRpCEY R.MARTINEZ person(s,);or the entity upon behalf of which the person(
Commission#►210453 acted,executed the instrument.
Notary Public-COMM
piver><idS - I certify under PENALTY OF PERJURY under the laws of the
Comm. 2019� State of California that the foregoing paragraph is true and
-
-- -- --- � -
- correct.
WITNESS my hand and official seal.
Signatur- • AAA 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(aIl-Li/V1 IC
County of 121tvE61 c(
P •
OnDaPY V 2L 5, before me, T cie 2.1`-' V4 ( P2, L617, v'
Date
( Here Insert Name and Title of the Officer
personally appeared CVYA Ots 17 . Vld��
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be
the person( whose name(, is/ar'subscribed to the within
instrument and acknowled ed to me that he/sle/tl}ey
executed the same in his/h r/theiF authorized capacity(issi,
and that by his/he,F/them- signatureW on the instrument the
TRACEY R. MARTINEZ person(s)� or the entity upon behalf of which the person '
F (Commission*2104537 acted,executed the instrument.
Notary Public-WNW'
RdaColNN1t 1- I certify under PENALTY OF PERJURY under the laws of the
Co 2/ 2019�f0s!�_� State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signatur. AL .' . _ _AA ■A .
Place Notary Seal Above
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EXHIBIT "A"
• PARCEL MAP NO. 36428
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