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Home My WebLink AboutCDC/2004-03 RESOLUTION NO. CDC/2004-3 2 3 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J. R. WATSON & ASSOCIATES DEVELOPMENT CO., DATED JUNE 2, 2003 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") and J. R. Watson & Associates Development Co. (the "Developer") entered into that certain 9 10 2003 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Co., dated June 2, 11 12 2003 (the "DDA") providing for the sale to and development by the Developer of certain lands, a map of which is set forth in Exhibit "A", attached hereto (the "Property"); and, WHEREAS, the City of San Bernardino (the "City") is the current owner of the Property 13 14 and has divided the Property, in accordance with the Development Code for the City of San Bernardino and the Government Code of California, into the parcels indicated on Exhibit "A;" 15 16 and, 17 WHEREAS, the purpose of the DDA is for the Agency to facilitate the acquisition of the Property by the Developer so that the Developer can construct the Project (as defined in the DDA) in accordance with the requirements of the City; and, WHEREAS, subsequent to the execution of the DDA, the parties hereto have received additional information relative to the acquisition of the Property and the development of the Project by Developer, including, without limitation, the re-parceling of the Property by the City, 18 19 20 21 22 23 which further clarify the obligations and rights ofthe parties under the DDA; and, WHEREAS, the parties, and each of them, desire to clarify and amend the DDA to 24 25 reflect the additional information received by the parties and further delineate the obligations and duties of the parties, and each of them, relative to the development of the Project. -1- .' CDCj2004-3 NOW, TIIEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TIIE 2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 3 FOLLOWS: 4 Section I, The Commission hereby approves the Clarification and Amendment to 5 the DDA attached hereto and incorporated herein by reference, 6 Section 2. The Executive Director of the Agency is hereby authorized to execute the 7 Clarification and Amendment to the DDA on behalf of the Agency in substantially the form 8 attached hereto, together with such technical and conforming changes therein as may be approved by the Executive Director and Agency Counsel. The Resolution shall become effective immediately upon its adoption. 9 Section 3. 10 III 11 III 12 III 13 III 14 /II 15 1/1 16 III 17 III 18 III 19 III 20 III 21 /II 22 III 23 III 24 III 25 III -2- P:\Agendas\Resolutions\Resolutions\2004\04-01.05 Watson Clar Amd DDA CDC Relo.doc ." CDC/2004-3 1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J. R. WATSON & ASSOCIATES DEVELOPMENT CO., DATED JUNE 2, 2003 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Community Development Commission of the City of San Bernardino at a j t. reg. meeting 7 thereof, held on the 20th day of January ,2004, by the following vote to wit: 8 Commission Members: Ayes Nays Abstain Absent ESTRADA x - LONGVILLE -1L MCGINNIS x - DERRY X SUAREZ x - ANDERSON X 9 10 11 12 13 14 MC CAMMACK X 15 /l~- L"'......." cZi( .. t:/ seer? The foregoing resolution is hereby approved this '2 -:s Ie \ day of ,2004. 16 17 18 January 19 -r1"~ l~"_(;~ Betty ean Anderson, VIce ChaIr Community Development Commission City of San Bernardino 20 21 22 23 24 By: 25 -3- P:\A2:endas\Resolutloas\Resolutlons\2004\04..ot~05 Wlltson Clar Amd DDA CDC Re.so.doc CDC/2004-3 CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J. R. WATSON & ASSOCIATES DEVELOPMENT CO., DATED JUNE 2, 2003 This Clarification and Amendment to the 2003 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J.R. Watson & Associates Development Co., dated June 2, 2003 (the "Clarification") is made this 20th day of January, 2004, by and between the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (the "Agency") and J.R. Watson & Associates Development Co., a California corporation (the "Developer"). RECITALS WHEREAS, the Agency and Developer entered into that certain 2003 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J.R. Watson & Associates Development Co., dated June 2, 2003 (the "DDA") providing for the sale to and development by the Developer of certain lands, a map of which is set forth in Exhibit "A", attached hereto (the "Property"); and, WHEREAS, the City of San Bernardino (the "City") is the current owner of the Property and has divided the Property, in accordance with the Development Code for the City of San Bernardino and the Government Code of California, into the parcels indicated on Exhibit A; and, WHEREAS, the purpose of the DDA is for the Agency to facilitate the acquisition of the Property by the Developer so that the Developer can construct the Project (as defined in the DDA) in accordance with the requirements of the City; and, WHEREAS, subsequent to the execution of the DDA, the parties hereto have received additional information relative to the acquisition of the Property and the development of the Project by Developer, including, without limitation, the re-parceling of the Property by the City, which further clarify the obligations and rights of the parties under the DDA; and, WHEREAS, the parties, and each of them, desire to clarify and amend the DDA to reflect the additional information received by the parties and further delineate the obligations and duties ofthe parties, and each of them, relative to the development of the Project. NOW, THEREFORE, FOR good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 P:\Clerical Services Dept\Margaret\Agreements-Amendments\Agrmts-Amend 2004\04-01-05 Watson Clar Agmt.DOC CDC/2004-3 CLARIFICATION & AMENDMENT AGREEMENT 1. Property to be Acquired bv Developer. Subsequent to the approval and execution of the DDA, the City has legally subdivided the Property into four (4) separate legal parcels as set forth in Exhibit "A" attached hereto (individually "Parcel" and collectively "Parcels"). The Agency intends to take title and the City intends to transfer all of the Parcels to the Agency. The DDA is hereby amended in the following manner: (a) Exhibit "A" of the DDA is hereby replaced with Exhibit "A" of this Clarification. (b) Section 1.01 of the DDA is hereby replaced with the following: "In accordance with Section 33396 of the California Health and Safety Code, the purpose of this Agreement is to provide for the sale by the Agency to the Developer of certain unimproved lands located at the northwest comer of University Parkway and Northpark Boulevard in the City of San Bernardino and more specifically described as parcels I, 2, 3, and 4 of Parcel Map 16307 (collectively and severally, the "Property") on the map attached hereto as Exhibit "A" (the "Map"). 2. Parties to the Al!reement. Section 1.03(b) of the DDA is hereby amended by adding the following to the end of the Section: "The parties acknowledge and agree that Developer shall be taking title to the Property under various entities, all which Developer owns, either directly or indirectly, at least twenty-five percent (25%), in conformance with Section 1.04 of this Agreement. Therefore, for purposes of this Agreement the following entities shall also be deemed the Developer and shall be obligated to perform the obligations, covenants and conditions as well as be bound by the restrictions of Developer set forth in this Agreement and any amendments hereto only as to the specific Parcel that such entity receives fee title. However, J.R. Watson & Associates Development Co. shall remain jointly and severally liable with each and every entity regardless of how fee title is held. Furthermore, so long as Developer holds at least 25% of control of such entities any amendments or further clarifications to this Agreement shall be deemed executed by all parties set forth in this Section 1.03(b) upon the execution of such amendment or clarification by J.R. Watson & Associates Development Co.: (a) University Park Holdings, LLC, a California limited liability company (b) Campus Parkway, LLC, a California limited liability company (c) University Park, LLC, a California limited liability company (d) Park-University, LLC, a California limited liability company" 2 P:\Clerical Services Depl\Margaret\Agreements-Amendments\Agrmts.Amend 2004\Q4...o1-05 Watson CIar Agmt.DOC CDC/2004-3 3. Transfer and Disposition of the Property. Section 2.20 of the DDA shall be amended as follows: "Section 2.20. Disposition of the Property and Vesting of Title The Property shall be transferred to the Developer and title to each Parcel shall vest in the following manner: Parcel Land Use Developer Fee Holder Parcel 1 Developer Improvement University Park Holdings, LLC Parcel 2 Future Public Roadway Campus Parkway, LLC Parcel 3 Developer Improvement University Park, LLC Parcel 4 Community Park Park-University, LLC 4. Review and Approval of Condition of Title bv the Developer The following is added as Section 2. 13 (c) to the DDA: "The Developer acknowledges and agrees that as of the date of this Clarification, the City, who is not a party to this Agreement but is the owner of the Property, has divided the Property as set forth in Exhibit A, in accordance with Section 66428(a)(2) of the Government Code. Developer further acknowledges that the Agency is under no obligation to verify that the manner in which the Parcels were separated created legally subdivided parcels to which Developer can take fee title. It is the obligation of Developer to verify whether the creation of the Parcels in such a manner is acceptable and insurable by the title company issuing title insurance to the Developer. 5. Close of Escrow. The parties acknowledge and agree that at the time of approval and execution of the DDA it was not, nor could it have been, anticipated that the removal of certain exceptions of title which would affect the ability of the Developer to develop the Property, specifically all County of San Bernardino Flood Control District easements, could not be performed within the time constraints set forth in the DDA due to the fact the removal of such exceptions were beyond the control of the parties to the DDA. Therefore the parties desire to amend the DDA to provide adequate time for the removal of such title exceptions. Section 2.03(c) of the DDA shall be amended as follows: "Provided that the Developer has delivered the Due Diligence Certificate within the period of time authorized in Section 2.10, then the Closing Date of the Escrow shall occur within 3 P:\Clerical Services Dept\Margaret\Agreements-Amendments\Agnnts-Amend 2004\04-01-05 Watson Clar Agmt.DOC CDC/2004-3 twenty (20) days after receipt by Escrow Holder of a document in recordable form releasing the Property, or any portion thereof, at the discretion of the Developer, from any and/or all easements in favor of the County of San Bernardino Flood Control District objected to by the Developer in its Due Diligence Certificate, unless the Close of Escrow is extended (a) unilaterally by Developer pursuant to Section 2.16 or (b) to a date that is more than twenty (20) days thereafter by mutual agreement of the Agency and the Developer. The words "Close of Escrow", "Closing Date" and "Closing" shall mean and refer to the date when the Escrow Holder is in receipt of the Escrow documents of the parties and is in a position to comply with the final written escrow closing instructions of the parties and cause the Agency Grant Deed for the Property to be recorded and the Title Policy (as defined below) to be delivered to the Developer." 6. Description of Proiect and Scope of Development. The Description of Project and Scope of Development attached as Exhibit "B" to the DDA is hereby amended by replacing the following: "minimum number of 155 detached single family homes" with the following: "minimum number of 153 detached single family homes". 7. Completion of Proiect. The Schedule of Performance attached as Exhibit "G" to the DDA is hereby replaced by Exhibit "B" attached to this Clarification. 8. General Provisions. (a) The Recitals set forth above are true and correct and are incorporated into this Clarification by this reference, as though fully set forth in this Clarification. (b) All terms, phrases or words indicated to be defined terms by initial capitalization that are not specifically defined in this Clarification shall have the meaning ascribed to the same term, phrase or word in the DDA. Terms, phrases and words defined in the Preamble or Recitals of this Clarification are also incorporated into the DDA and this Clarification, by this reference. (c) Except as expressly amended by this Clarification, the DDA is in all respects ratified and confirmed and all the terms, provisions and conditions of the DDA, as amended by this Clarification, shall be and remain in full force and effect. (d) This Clarification may be executed by the Agency and Developer in duplicate originals, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. ( e) The agreements contained in this Clarification shall not be construed in favor of or against either the Agency or the Developer, but shall be construed as if both the Agency and the Developer prepared this Clarification. 4 P:\Clerical Services Dept\Margaret\Agreements-Amendments\Agnnts-Amend 2004\04-01.05 Watson CIar Agmt.DOC CDC/2004-3 (f) The DDA, as amended by this Clarification, constitutes the entire agreement between the Agency and the Developer and the Agency and the Developer intend the DDA, as amended by this Clarification, to be the final expression of their agreement with respect to the subjects covered therein and a complete and exclusive statement of such terms. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the dates set forth below. AGENCY Redevelopment Agency of the City of San Bernardino Date: /-:)3-0'1 /- /----} B~~~~ ./S;~ ~ Betty Dean Anderson, Vice Chair Community Development Commission City of San Bernardino Date: ;; 7 ~y By ~k /'1/ ~ ari%n Osdel Exe~tive Director [ALL SIGNA RES MUST BE NOTARIZED] 5 P:\Clcrical Services Dept\Margarct\Agreemcnts-Amcndments\Agrmts-Amend 2004\04-01-05 Watson Clar Agmt.DOC CDC/2004-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT County of San Bernardino ~ ss. State of California On January 23, 2004 , before me, David M. Gutierrez Notary Public, personally appeared Betty Dean Anderson. o personally known to me o proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. .1_" DAVlDM. GUTIERREZ ~ .. Comm.' 1363195 Ul NOTARY PUBLIC. CALIFORNIA ~ ') \.~ ' San Bernardino County .. ~._".~MY Co~m; Expires June 30, 2006 t WITNESS my hand and official seal. Place Notary Seal Above ([J~v::t"1. .:J)"j>>~, '\ Signature of Notary Publl: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Clarification and Amendment to the 2003 Disposition and Development Agreement By and Between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Co., Dated June 2, 2003 Document Date: January 20, 2004 Number of Pages: 6 and 4 pages Exhibits Signer(s) Other Than Names Above: Capaclty(les) Claimed by Signer Signer's Name: Betty Dean Anderson o Individual o Other: Vice Chair I RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer is Representing: Community Development Commission City of San Bernardino CDC/2004-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT County of San Bernardino r ss. State of California On January 28, 2004, before me, Margaret L. Parker, Notary Public, personally appeared Gary Van Osdel. 0' personally known to me o proved to me on the basis of satisfactory evidence I@ =;~~.. - J !. Notary PublIc . CaIIomIa f San 8emardIno County - i _ _ _ ~:~m'~~~2~2007f to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above L?r--ud'c5t fad-eJA/ Ignature ot Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Clarification and Amendment to the 2003 Disposition and Development Agreement By and Between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Co., Dated June 2, 2003 Document Date: January 20, 2004 Number of Pages: 6 and 4 pages Exhibits Signer(s) Other Than Names Above: Capacity(les) Claimed by Signer Signer's Name: Gary Van Osdel o Individual o Corporation Officer - Title(s): o Attorney in Fact 0' Other: Executive Director RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer is Representing: Redevelopment Agency of the City of San Bernardino CDC/2004-3 DEVELOPER l.R. Watson & Associates Development Co. a California corporation Date: 2-- r;"'t/ 1 By: Its: Univ rsity Park Holdings, LLC, a California limited liability company Date: z..... t;. (/1- ~~. ftJf-~ Campus Parkway, LLC, a California limited liability company Date: & 66 o~ By: -N e- Its: 4HIA/1:.yJ H-,b,. University Park, LLC, a California limited liability company Date: ]-~ "iJ'7 By: Its: Date: /ah601 P -University, LLC, a California limited liability company ~;,/~i'~/ [ALL SIGNATURES MUST BE NOTARIZED] 6 P:\CIcrica1 Services Dept\Murga.ret\Agrccmenls-AmcndmcnlsV\gnnts.Amcnd 2004\04..() 1.05 W:ltson Clar ^Cml.DOC CDC/2004-3 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~0\0\~<<~0^0'0\R'~,g:-<<0\&2<<'<<~<z:'<<<<<<9<:'.<<~~~&<:'~~<<'<<<<~<<'<<~<z:'<<"'-'::"'-'::~<<:~ 2 State of califOrnia,} ~ ~ County of J~S fm(f\~~ ss. ~ ~ ('"fli I" ,'7fl~ 1.\ ~ ~ On tt'DYVOJuj lCl~nefore me, ~ ~,.: personally ap~:red (l-e ' H ~ ~ ~ personally known to me ~ ': IJ '''''0' 10 ". '" ",C b.,l, " ,''''''''''',, i 'e'o'idel,ce ~ ~ to be the personfa>( whose name/~' ismre- ~ ~. subscribed to th~' within instrurn~~t and ~ ~ acknowledged to me that he/5hQ/tt.:ley executed ~ '",' y",.,..~qL"',;",","""""t"',"' '~~,''''''" ~"-..,,.Jt~""'~i the S~/~::" in dhis/h9r/thwir autho~ized ~I', ~'''(;;j"L::'" LOPEZ f capacity"""""" an that by his/R-er, II ,,,rr ) I.l?::'"Vi", ,c.:, '"c',tn It 1319967 z signature~ on the instrument the person,(.81, or :;; f~~}.", ' ,.." ,- - California Z the entl'ty upon behalf of whl'ch the perso-t..,,( ~i" ~~~*~,\L ,', ' : ~,; /"'::5 C:ounty d~ I~} ,~,;;,~> P"C~I;;: "~~;'gp4,:!0()5 acted, executed the instrument. .:,Nfr'~:"'''II'ft,i;"<rl.:;' ',""c. -"\'1t*'.~; ....,'../ ~~,~~~ i WIT"?S,S :1'YhOOd;Od off la: "al; , ~ ~ -'"""~'^- OPTIONAL / I Though the information below is not required by law, it may prove valuable to persons relying on the docu I"., I and could prevent fraudulent removal and reattachment of this form to another document. Descri 'on of Attached Document Tille or Type Document: XI I I I I ~ ~ 'c,-'c<;'~'<X;."c<""<Y1 Document Date: Signer(s) Other Than Name Capacity(ies) Claimed by Signe Signer's Name: [", Individual U Corporate Officer - Tille( LJ Partner - LJ Limited General il Attorney in Fact D Trustee L Guardian : I D Other: L~~er Is Representing: / ~. "~ _c,,~~~~~~==~~~~~~~~~~~~~~~ RIGHT THUMBPRINT OF SIGNER Top of thumb here @ 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402' www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CDC/2004-3 State of California } ss County of Orange On February 10, 2004, 2004, before me, Janice Wall, Notary Public, personally appeared James R. Watson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. \ .' 1 f ,1.lJ.IlC',>,- '" At J. l@ con,1IT1l', '~.'Onl',1~16,136 ~ ~. No!myP"r,""O ClIV"lfIlUl so ] OrangeCour':/ ~_. ., r'tCe...., b,: .A..I?!l,2005 . - ,-...... . --. WITNESS my hand and official seaL Place Notary Seal Above Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J,RW ATSON & ASSOCIATES DEVELOPMENT CO., DATED JUNE 2, 2003. Document Dated: JANUARY 20, 2004 Number of Pages: 6 pages with 4 attachments CapacityGes) Claimed by Signer , .,,',.. ," ".r 1'@ .twlCE ~",'ALL '4 -" ~-~, 1"3',6,'38 r i' NotaryPub'ie..eal"omia I I Orange County - ., ',' F'1Cc--mE--,.: )AL~l29,~f l. #' IT , __ ,.' Signers Name: James R, Watson X Individual Corporate OfficerTitle(s): Partner - Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: President J.R. Watson & Associates Development Co., a California corporation (\~ ~ \\\~{\.,,\ S,c\".<(:> ~,,~( h ':> S~\AM"'4{- Q \--0" \~ ~ :\, \)\ ",.,...,,, " &. CDC/2004-3 State of California } ss County of Orange On February 10, 2004, 2004, before me, Janice Wall, Notary Public, personally appeared James R. Watson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. " . 4, ""1 ' J,\NICE ~:'AU. J@ CaTnr. ".~.'.' f! 1~1613S . i' Notary Pu.tr:c.. CaIil'onWI . lJ . - 0nmgIl Counly · -. ~ .~ . rr(~i'1'l""':': 'A:.:;1~..~ WITNESS my hand and official seal. Place Notary Seal Above ~ oY-Q Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J.R.WATSON & ASSOCIATES DEVELOPMENT CO., DATED JUNE 2,2003. Document Dated: JANUARY 20, 2004 Number of Pages: 6 pages with 4 attachments Capacity(ies) Claimed by Signer Signers Name: James R. Watson X Individual Corporate Officer-Title(s): Partner - Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Authorized member University Park Holdings, LLC. a California limited liability company Other signers Charles Shumaker Charles J. Diamond CDC/2004-3 State of California } ss County of Orange On February 10, 2004, 2004, before me, Janice Wall, Notary Public, personally appeared James R. Watson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ,. ~-1 -'. ,1:h:!C"'=- \, All 1 . .. - _~ Cc;,m-.,io.Ol 1:i16136 ~. NotmyPulr.J::..CaI~ J j Orange County .,;",.. [ J ,<.. E"1~,:,":';-~~J~.~ WITNESS my hand and official seal. Place Notary Seal Above Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J.R.WATSON & ASSOCIATES DEVELOPMENT CO., DATED JUNE 2,2003. Document Dated: JANUARY 20, 2004 Number of Pages: 6 pages with 4 attachments CapacityGes) Claimed by Signer Signers Name: James R. Watson X Individual Corporate Officer-Title(s): Partner - Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Authorized member University Park, LLC, a California limited liability company Other signers Charles Shumaker Charles J. Diamond CDC/2004-3 State of California } ss County of Orange On February 10, 2004, 2004, before me, Janice Wall, Notary Public, personally appeared Charles J. Diamond, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. , '. '.' . 'r_.:.1 j - JANICE WAll. 1 t:II...Cb. '.'.Il..siont. ",..... i. NalllJPIMc-CaIifarnIII u t~,~~~~~f WITNESS my hand and official seal. Place Notary Seal Above Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J.R.WATSON & ASSOCIATES DEVELOPMENT CO,. DATED JUNE 2,2003. Document Dated: JANUARY 20. 2004 N umber of Pages: 6 pages with 4 attachments CapacityCies) Claimed by Signer Signers Name: Charles J. Diamond X Individual Corporate Officer-Title(s): Partner - Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Authorized member Park-University, LLC, a California limited liability company Other signers Charles Shumaker James R. Watson CDC/2004-3 EXHIBIT "A" Amended Property Map to Replace Exhibit "A" to the DDA P:\Clerical Services Dept\Margaret\Agreements-Amendments\Agrmts-Amend 2004\04-01-05 Watson Clar Agmt.DOC CDC/2004-3 EXHIBIT "A-I" I'.! ~ ili - ~:h~ ilia; ~!~I~ ~U!!- ~i~~~ ~h~~ ~ 1;;11 gd~ ~ I!I~~ ~ ~~t1~ ~ ~jl;n ~ ~ i~~113 ~ ti t.n~~~ I ~ ~~~"ab g Q _~~h~ d ~h 'k -~ II! g ~ ~ a ~ ~~~I ~i!~ Uli R:!l!~ ~~d 'S"! 0:.: 'i~a ~ ~U~ ~ ;l~~' !" t ~z~ l5 i b~ ~ ~~A~:; ~ k~~~:! i~~ tn e~~_~ <sf=> . 1'1 h ~t=~ . x~~- @El~ ~b~i ij ~ 1 ~ '" ~~~ ~ ii"~~ t I: ~ II ~ d ~ a cto~_ 15 'i~i~1'I II. ~ . ~~ ~ ~"':;; N) ~~~~. tle~ii~. d ; ~~ ~ .~~ ~ ~ ~ 515 fl, ~i':/ii ~I ~ 1> ~~ ~f ~~ i . __ ~ ~:. l)( jSsEJI: i II ~~ l'> Ill; 1~ Qll ~ . ~ ~~~ ;l~i!i !!) ~~~: ~ ~~ ~g ~I ~~ ~ o i ~8~ 1~~~~ ~~ n~i i ~u ~~ ~~. ~~ h ~ z '" ~v'" 1'II1!1~" ~~ b~~t; ~ E!~ ~~ ~~ ~~ ~ :;" =< 2 ~ "g;i~" ~ ':Ili~.:l ~ ,,- - - ~ Q. ; ~!: ~ $~~~~~; 10 ~~~~ ~i II ~~ ~~;i J -<.( t ~~~ ~ -h~"~ .:.: ~h~ ~i ~$ h ~~ 3i ! :::E ~ ~ ~ . 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';. l! ~ ~.~... . - '~". ~ r" ~~~~~ _ ~ I~;~~ J I~:~~ ... !;~i"~~ ~ :: ~~e~i ~ ~l2~i l;fJ! ~~!i~i: "i:li~ i:h!';)i~ii~ ~~It1 ;':!Il ; ;11~1 i I I!i ;11~1 Ill" ,!Ii;' ~ . ;111 . iSl! · ~gi;ii I ~ ~ ill! ~ ~ln a~~2~! !~ ! ffi! b~;j~ 1 15 b!~~ ~ .:: ~Idl~ \)~ ~ ~:: ~ii~" 5:: i;~~ ~ ~I~~!~i ~~ ~ ~ i -~I~' ~~lii1 ~ -1~- ~~'I!1 ~ ~ ~,~~n e ~ ~ '- gl;! r2~ ; ~ ~ ~ ~2 ):11~ ~ ~ l~i~2ia i! . ~ :.! l ~i~~~~ F ~ :! ~ ~I"~i~ ~ ~ 15 i~!liL ~I ! ~h b ~d~~~ Ii s 8 ~ b b "d~~~ ~ ~ .~ i ~ole~ i1 "" to! t: v '!llil~ l! ~ ~ ~"I: .)J~~~ ~ 1 ! ~ d ~~tot .. .. ~ ~ n ~ l!nh. ~. ~ ~ a ! ehR~. )j Ii ~ - .... ::: ~ ~ ~ II I dd ~ ~~ :. .~ ~:- -~ CDC/2004-3 EXHIBIT "A-2" IN M an- OF SAN BU/WIRDIHO ' /kINe A SUflDtlllSlOH OF A POR1ION OF RANQlO wSOJPlABf. POl PUI T Ilf:COROCD IN BOOK ? OF loiN'S. PACZ 2J, RfCORf)S OF SAN 8CRtWlOtNO ca.wn-. MD 1.1INC lIf1J1lN srClIOHS 1, B AND 17, TOWN5nlP I IYORT/1. RANGf . llf"Sr. SAN BfRNARtMIO ",(R1DwI (UHSUl~'If1)J fRNVS1J;CH fNCINWlS. /fie. SEPIDISCR 20tJ] PROCEDURE OF SURVfY AND SHEET INDEx " '\ ~:\o '\.~- __"",_or.._ ~..... ~ l'OI".f/I11I4.1WVt<o ~ '\. t~\ ~:7s.~ ~ _r';~:. _ \. ~ ","'?!:' .... ..,,~~ :t1'~', :>;/ jij "','t(:;{Xr ii.'==~~ ,'f.f/ /' "'/"" ........,.. ~\-'./'././ ",.,- ./?''/'/ ~ -.~ <,.,- /> - ~;:"~7 ".. \~ ./ -~c;/,1r PARCE,14AP 60" <~""A..'<, ./../ ./ Ii '..Pilaf: ,. l>~.~ y~<_ -~ /' ..~"" ',....", /' /.,. /" .. '" <:._ X' /' -./ ...,~ "I f ,'" ......""...;~, v - '....~~'j/'/J -_...._........~~" ,.,- . ...1/A~/I~rlL,/ .._~~D.:r~~ ~ ~ ~~,,"~P7' I I~ -<1"-".,.. , ......''- "".~ ...~< TIiIICT lll...' \'~ I /// "'""" Mill1lQr.Jf> _ _____ - 1'1, I : ~''''f'K.trJ r.D' ......--.~.. ~.... I I , rl/tt.....~_..&.\ ":u.~.y '/11" .lV':tt"4'<<II r ~ " $lt:Jlp'aa..a.~:\. ~, .. -. ....I,-1CJ .. " PARca IfIAP 1'i0. J66~ I \\ PMB tJYdol .- '\ ~ 10.~fJNJP11'1"DR1H . ",\: IlAJoJGi: if "EaT ~~, tQ..~.. J.oC. '" U t'.. f':!l;'='- / aur ..."N_ l'Y ...~ : , ,~~ :~, ..;j>~q:,: J :,-, -, ,,, i;(" 2 <, .,' ,.~...,.,.......,.. "0 if?i~~;;1 ~(f.i~;j;~ ftabin..,.~JlC8I1 ID IlK.R;'W .~.-~ -"" . J.......',.. ',~ ...t_......~ . "'fX~ I.,~~'. I "".-sKllU. I :1~0Rfc.t\ 'TAU 1Af'lt=RlNTf I j 1 _ lWf IleRMRDwO . 1:;" ~ ~~ .~. ~ ?t : Z;S ~ Q ~211 ~~ , :' ~~ ; qJ' !~? ~ i RO$ iv.. ! :~~ ,. r SURVEYOR'S NOlES: lro ad- JIll ,:f' C/lAPn>C ~Al.[ . NIIlCAIt'J IOI.P<<J ~,.,1 .s IoOJlD C J AIIC'...J['J ~ p...r... JIICa aoa. 1"^ DaDS: 'ACe.. NtDcs. .1GCl ... > ..oc...1l1 Kl>>oIP p.o.{. ptJ: IJOQC ......7. P..a .,'J OA . J ..o.c,..J'EI Ma1lIO 0.. r. rea f;.li. d_J BASIS OF BEARINGS: , (IfJ ~J(S ~ ".-Ale [iL """~ l'W' --- rx;,.d "...Q. p JOO trZ7 a.c -..m ar ~ f~ 1kS"" 4 >>< ..cJN>>4.1l.T lA'l(: "'''4CU'''''~ I~__'" .......~ , 1 CDCj2004-3 EXHffiIT "B" AMENDED AND RESTATED SCHEDULE OF PERFORMANCE TO REPLACE EXHffiIT "G" OF THE DDA EXHffiIT "G" SCHEDULE OF PERFORMANCE (Days shall be calendar days, and all dates herein are subject to change due to force majeure in accordance with Section 7.05 of the Agreement) Agency Approval ofDDA June 2, 2003 Developer shall perform the following after receipt of the relevant governmental approvals and permits: 1. Commence mass grading the entire Property area (as appropriate) within sixty (60) days after Close of Escrow and approval of a mass grading plan. 2. Complete construction of the Project on or before the 5th anniversary of the Close of Escrow. P:\Clerical Services Dept\Margaret\Agreements~Amendments\Agrmts-Amend 2004\04-0 1-05 Watson CIar Agmt.DOC