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HomeMy WebLinkAboutCDC/1999-17A 1 2 3 4 5 6 7 RESOLUTION NO: CDC 1999-17A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A RELEASE AFFECTING REAL PROPERTY IN THE TRI- CITYISOUTHEAST INDUSTRIAL PARK AREAS 8 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: is hereby authorized and directed to execute on behalf of said Agency a Release Affecting Real Property, a copy of which is attached hereto and incorporated herein by reference as though fully set forth at length. 9 10 11 12 13 14 15 SECTION 1. The Executive Director of the Redevelopment Agency ("Agency") SECTION 2. The authorization to execute the above referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage 0 16 this resolution. 17 IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 18 19 20 21 22 23 24 25 26 27 28 Page 1 of 2 . , CDC 1999-l7A 1 5 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A RELEASE AFFECTING REAL PROPERTY IN THE TRI- CITY/SOUTHEAST INDUSTRIAL PARK AREAS 2 3 4 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community 8 Development Commission of the City of San Bernardino at a joint regular meeting 9 thereof, held on 7th day of June , 1999 by the following vote, 10 to wit: 11 12 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x 13 LIEN X 14 MCGINNIS x SCHNETZ x 15 DEVLIN x ANDERSON x 16 MILLER X 17 20 The foregoing resolution is hereby approved this June , 1999. day of 18 19 21 I' JfJ:h \ , . 7 "; ~(~ 1../ '1.-1 /' 'Norine iller, Vice Chairman Community Development Commission Of the City of San Bernardino 22 23 24 25 Approved as to form and Legal Content: Agency Counsel 26 27 28 By: Page 2 of 2 ~ cue 1999-17A f" 1999 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MUTUAL RELEASE AND WAIVER AGREEMENT AND COMMUNITY REDEVELOPMENT COVENANT (Portions of Lands Affected By Agency OPAl Instrument Nos. 90-067475 and 90-067476, Recorded February 21, 1990 -- KAY, et a1.) CDe 1999:"'17A RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: SABO & GREEN, a Professional Corporation 201 North "E" Street Suite 300 San Bernardino, CA 91302 Attention: Gale Schlesinger (SPACE ABOVE FOR RECORDER'S USE) RELEASE AFFECTING REAL PROPERTY 1. The Redevelopment Agency of the City of San Bernardino (the "Agency") and T.J. Burris Corporation previously entered into that certain Disposition and Joint Development Agreement dated December 28, 1978 (the "Burris Agreement"), providing for the development of certain real property legally described in Exhibit "A" attached hereto and incorporated herein by this reference(the "Site"). 2. The Agency and Teong Kay and Joyce Kay (the "Participants") entered into that certain Owner Participation Agreement recorded February 21, 1990, as Instrument Nos. 90-067475 and 90-067476, Official Records, County of San Bernardino providing for development of the Site (the "OPA"). 3. On or about 19 Hundred Thousand Dollars (100,000) Participants' default of the OPA. the Agency as liquidated received damages One for 4. Subsequent to such default, title to portions of the Site has been acquired by several different purchasers. 5. Effective upon recordation of this Release Affecting Real Property ("Release"), the Agency hereby releases the Site from the terms and conditions of the Burris Agreement and the OPA. The Burris Agreement and the OPA are hereby extinguished and the Site shall cease to be subject to the development obligations set forth therein. CDC,1999":'17A 6. This Release shall be recorded among the official land records of the County of San Bernardino. The Agency has signed this Release as of the date set forth below. Date: otv /to /9'1 r I Osdel Ex cutive Director ATTES~: / ,7 .// r " , / By: AqJency Secretary / ,ffi/A7 ~ L ? ,/ / c.-<./v-~~ By: FOR ALL SIGNATURES] SBEO/0001/DOC/3497 05/18/99 3:05 klc COC 1999-17A STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On U - /6-q9 before me, LJ '7!q ~. (,.uv\ACL. (here insert name and title of the officer), personally appeared C:'AI2.\LLflArJ (1)<) 1')6 v , personally known to me (or proved to me en thIS basis --Gf---.sa-Hsfa0te-r-y--€~ to be the person \~ whose names~ ~sYttre subscribed to the within instrument and acknowledged to me that ~lcho/th9Y executed the same in~hcr/thoir authorized capaci ty (i)>l'S.), and that by ~hcr/thoir signature (;<<(l on the instrument the person (~, or the entity upon behalf of which the person \)iO acted, executed the instrument. WITNESS my h~nd~')nd Ofl?:Jl seal. Signature~~; ~ // / (Seal) r~"""""""""""" '._~"'<-"__'''_''it.,;",,,,,..,,-,''!C~ .' ~ Co . '0 USA A. GOMEZ it? ", ~, Commission # 1198921 ~ f';':.," --'?" Notary Public - California l w - Son Bemordlno county ( M1ccmm.~0c:I18.ZXl2 ------~... ---------- --- SBEO/0001/DOC/3497 05/18/99 3,05 klc CDC 1999-17A STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On &-/0-Q9 before me, [154/l.CUI'UEZ (here insert name and title of the officer), personally appeared ANN !f,qR./2IS , personally known to me (-or prO'.Tcd to mc on the bll.3io of 3ati.~factory euid..nce+ to be the person ()cj\ whose names~ ~ subscribed to the within instrument and acknowledged to me that~l~y executed the same in ~/t..H.e-i.r authorized capacity~), and that by _..b.i.s../@Yt~r signatureW on the instrument the person p(j), or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my han? "----l~;> Signature / { // / // ',,-,,-// (Seal) ~ · - - ... - -~:G~ - 1!' J _@ Commission' fl98927 . NotaryPublic~Callfan/Q f San \Iemcr'c:lIno County - M(Canm. &pjmsOc:lla2Xl2 SBEO/0001/DOC/3497 05/18/99 3,05 k1c