HomeMy WebLinkAbout2001-082
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(See Companion Resolution CDC/2001-18)
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RESOLUTION NO. 2001-82
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING THE
FOURTH AMENDMENT TO MUTUAL RELEASE AND
SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND DR. IRVING FELDKAMP
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WHEREAS, the City of San Bernardino (the "City") is a
7 municipal corporation and charter city organized and existing under
8 the constitution and laws of the State of California; and
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WHEREAS, on or about January 14, 1994, the City commenced
11 an action for judicial foreclosure of special tax liens in the
12 Superior Court of the State of California for the County of San
13 Bernardino, against certain named defendants therein, including
14 Developer, bearing Case No. SCV09593 ("Action") for failure to pay
15 the special taxes levied against the Property; and
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17 WHEREAS, in 1994, the City entered into a Mutual Release
18 and Settlement Agreement ("Original Settlement Agreement") with Dr.
19 Irving Feldkamp structuring a schedule of payments and other terms
20 for the construction of homes on the Property; and
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WHEREAS,
the City and Dr.
Feldkamp have been in
23 negotiations for several years regarding the development of the
24 Property, and thus said Original Settlement Agreement was amended
25 in 1997 by the Amendment to Mutual Release and Settlement Agreement
26 (the "First Amendment"), amended in 1998 by the Second Amendment to
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2001-82
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Mutual Release and Settlement Agreement (the "Second Amendment")
and again in 1999 by the Third Amendment to Mutual Release and
Settlement Agreement (the "Third Amendment and collectively with
the Original Settlement Agreement and the First Amendment and
Second Amendment, the "Settlement Agreement"); and
WHEREAS, Dr. Feldkamp has entered into escrow with a
prospective purchaser of the Property which escrow is scheduled to
close on May 7, 2001; and
WHEREAS, there are certain terms and conditions contained
in the Settlement Agreement which have expired and other terms are
not applicable to a developer with construction financing, and thus
the City desires to amend the Settlement Agreement to extend the
period to file the Final Tract Map to August 1, 2001, and revise
certain other terms of said agreement.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
19 OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
20 FOLLOWS:
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22 Section 1. Amendment to Feldkamp Settlement
23 Agreement. The City hereby approves the Fourth Amendment to Mutual
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Release and Settlement Agreement ("Fourth Amendment") between the
City and Dr. Feldkamp in order to extend the date for recording
final Tract Map No. 14193 to August 1, 2001. The Settlement
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Agreement shall also be amended to extend the period for Dr.
Feldkamp to apply for Mortgage Assistance Program ("MAP") funds of
the Redevelopment Agency of the City of San Bernardino to the year
2004. The Fourth Amendment on file with the City Clerk is hereby
approved and the Mayor is authorized to execute the final Fourth
Amendment when the same has been prepared with such changes as
shall be approved by the Mayor and City Attorney.
Section 2. Approval of Corman Leigh Communities as
Owner of the Limited Liability Partnership Which Shall be
Purchaser/Developer. The Settlement Agreement requires that the
City in its reasonable discretion approve the prospective
purchaser/developer of the Property prior to the final sale. The
City has reviewed the resume of Corman Leigh Communities, which
shall own the limited liability company which shall purchase the
Property. Based upon that review, the City hereby approves Corman
Leigh Communities pursuant to Section 2.3 of the Fourth Amendment.
Section 3. Official Action. The Mayor, the City
Clerk, City Attorney, City Special Counsel and any and all other
officers or agents of the City are hereby authorized and directed,
for and in the name and on behalf of the City, to do any and all
things and take any and all actions, including execution and
delivery of any and all assignments, agreements, notices, consents,
instruments of conveyance, warrants and other documents, which
they, or any of them, may deem necessary or advisable in order to
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consummate the transactions contemplated hereby including the
execution of the Fourth Amendment. Whenever in this Resolution any
officer of the City is authorized to execute or countersign any
document or take any action, such execution, countersigning or
action may be taken on behalf of such officer by any person
designated by such officer to act on his or her behalf in the case
such officer shall be absent or unavailable. The City hereby
appoints the Mayor as agent of the City for purposes of executing
any and all documents and instruments which any officer of the City
is authorized to execute hereunder.
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2001-82
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
I SAN BERNARDINO APPROVING THE FOURTH AMENDMENT TO MUTUAL RELEASE
AND SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DR.
2 IRVING FELDKAMP
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Section 3.
Effecti ve Date.
This Resolution shall
5 take effect from and after the date of its passage and adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Mayor and Common Council of the City of
9 San Bernardino at a joint regular
meeting thereof, held on
10 the 16th day of April, 2001, by the following vote, to wit:
II Council:
12 ESTRADA
LIEN
13 MCGINNIS
SCHNETZ
14 SUAREZ
ANDERSON
15 MCCAMMACK
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AYES
ABSENT
NAYS
ABSTAIN
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The foregoing resolution is hereby approved this \'l"-
day of April, 2001.
Approved as to form and
legal c ntent:
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By:
of
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Attorney
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STATE OF CALIFORNIA
I COUNTY OF SAN BERNARDINO ss
CITY OF SAN BERNARDINO
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Ci ty Clerk of the City of
HEREBY CERTIFY that the foregoing and attached
Common Council of the City of San Bernardino
is a full, true and correct copy of that
this office.
I,
San Bernardino, DO
copy of Mayor and
Resolution No.
now on file in
IN WITNESS WHEREOF, I
affixed the official seal of the
City of San Bernardino this
have hereunto set my hand and
Mayor and Common Council of the
day of , 2001.
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10 City Clerk
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