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HomeMy WebLinkAbout09.B- Successor Agency illll RESOLUTION (ID#2561) DOC ID: 2561 A q 8 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/C retract From: Brandon Mims MICC Meeting Date: 07/15/2013 Prepared by: Lisa Connor, (909) 663-1044 Dept: Successor Agency Ward(s): 5 Subject: Resolution of the Mayor and Common Council o the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Issuance of a Certificate of Completion Pursuant to that Certain June 2, 2003 Disposition and Development Agreement by and Between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Corp., as Amended, Related to the University Park Master-Planned Community and Certain Related Actions. (#2561) Current Business Registration Certificate: Not Applicable Financial Impact: The issuance of a Certificate of Completion will reli ve the Successor Agency of any future obligations with respect to monitoring the DDA, inclusive of any associated financial expenses related thereto. Motion: Adopt the Resolution. Synopsis of Previous Council Action: <<Insert synopsis here>> Recommendation It is recommended that the Mayor and Common Council of the City of San Bernardino, Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino adopt a Resolution authorizing the issuance of a certificate of completion pursuant to that certain June 2, 2003 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Corp., as amended, related to the University Park master-planned community and certain related actions. Background The Redevelopment Agency of the City of San Be ardino was dissolved February 1, 2012. The Successor Agency to the Redevelopment Agency of the City of San Bernardino ("Successor Agency") has been established pursuant to the California Health and Safety Code to wind-down the affairs of the dissolved redevelopment agency. The Redevelopment Agency of the City of San B mardino (the "RDA") and J. R. Watson& Associates Development Corp. (the "Developer') entered into that certain June 2, 2003 Disposition and Development Agreement, as amended on January 20, 2004, October 17, 2005 Updated:7/10/2013 by Jolena E.Crider A Packet Pg. 762 I II 2561 and January 10, 2011 (collectively,the "DDA"). Th.-responsibilities of the RDA with respect to the DDA were assumed by the Successor Agency on February 1,2012. The purpose of the DDA was to provide for the site disposition and ultimate development of certain residential and commercial development within an approximately 130-acre site consisting of the master planned community of 'University Park", which is located at the northwest corner of University Parkway and No Park Avenue, across the street from the campus of California State University, San Bernar ino (the "Site"). Pursuant to the DDA, the Developer was responsible for developing at University Park at least 155 single-family residential units and certain parks, trails and natural areas, inclusive of other improvements that are appurtenant thereto and as required by the applicable City of San Bernardino land use and building controls (the "Minimum Required Improvements"). Consistent with the DDA and pursuant to the applicable City of San Bernardino land use and building controls, the Developer has completed the Minimum Required Improvements and has nearly completed the final phases of University Park, which are in addition to the Minimum Required Improvements. The City's land use and building controls are sufficient to ensure that the final phases of University Park, which are in addition to the Minimum Required Improvements, are completed in a form consistent with the City's standards applicable thereto. Since the Developer has completed the Mini mu Required Improvements, it is no longer necessary for the Successor Agency to monitor the Developer's efforts to complete final phases of University Park,which are in addition to the Minimum Required Improvements. Consistent with the foregoing, the Developer has requested that the Successor Agency issue a Certificate of Completion confirming that it has developed the Minimum Required Improvements, in a form consistent with the Certificate of Completion that is attached to the Resolution. Issuance of a Certificate of Completion will be declarative that the Developer has completed the Minimum Required Improvements however, it will not affect the covenants affecting the Site that run with the land, which are: ') non-discrimination and non-segregation (in perpetuity); and ii) property maintenance, not including any property included within a Landscape Maintenance Assessment District (eff ctively for the term of the State College Redevelopment Plan). Further, the issuance of a Certificate of Completion will relieve the Successor Agency of any future obligations with respect to monitoring the DDA, inclusive of any associated financial expenses related thereto. The Resolution will authorize the Executive Director (i.e., the City Manager) to execute the Certificate of Completion on behalf of the Successor Agency and to take any related actions necessary to accomplish the purpose of the Resolution. City Attorney Review: Supporting Documents: Reso Watson Cert of Completion (PDF) Exhibit a C of C Watson DDA (DOC) Legal Description for the C of C Watson DDA(2) (PDF) Watson Letter Requesting C of C (PDF) Updated:7/10/2013 by Jolena E.Grider A Packet Pg. 763 I i II i I RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 5 AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLETION PURSUANT TO THAT CERTAIN JUNE 2, 2003 DISPOSITION AND 6 DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND 7 J. R. WATSON & ASSOCIATES DEVELOPMENT CORP., AS AMENDED, a RELATED TO THE UNIVERSITY PARK MASTER-PLANNED o S COMMUNITY AND CERTAIN RELATED ACTIONS w 0 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino was dissolved _ U 10 February 1, 2012; and U 11 WHEREAS, the Successor Agency to the Redevelopment Agency of the City of San o 12 V Bernardino (the "Successor Agency") has been established pursuant to the California Health and 13 Safety Code to wind-down the affairs of the dissolved redevelopment agency; and LO 14 v WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "RDA") and J. _ 0 15 R. Watson & Associates Development Corp. (the "Developer") entered into that certain June 2, CL E 16 2003 Disposition and Development Agreement, as amended on January 20, 2004, October 17, 2005 17 0 and January 10,2011 (collectively,the "DDA"); and 18 � WHEREAS, the responsibilities of the RDA with respect to the DDA were assumed by the o N 19 Successor Agency on February 1,2012; and 0 20 WHEREAS, the purpose of the DDA was to provide for the site disposition and ultimate 21 development of certain residential and commercial developments within an approximately 130-acre E 22 site consisting of the master planned community of "University Park", which is located at the 0 23 northwest corner of University Parkway and North Park Avenue, across the street from the campus Q 24 of California State University, San Bernardino (the"Site"); and 25 WHEREAS, pursuant to the DDA, the Developer was responsible for developing at 26 University Park at least 155 single-family residential units and certain parks, trails and natural areas, 27 inclusive of other improvements that are appurtenant thereto and as required by the applicable City 28 of San Bernardino land use and building controls (the"Minimum Required Improvements"); and 1 Packet Pg.764 1 WHEREAS, consistent with the DDA and pursuant to the applicable City of San 2 Bernardino land use and building controls, the Developer has completed the Minimum Required 3 Improvements and has nearly completed the final phases of University Park, which are in addition 4 to the Minimum Required Improvements; and 5 WHEREAS, the City of San Bernardino's land use and building controls are sufficient to 6 ensure that the final phases of University Park, which are in addition to the Minimum Required 2 7 Improvements, are completed in a form consistent with the City's standards applicable thereto; and E 8 WHEREAS, since the Developer has completed the Minimum Required Improvements, it is c 9 no longer necessary for the Successor Agency to monitor the Developer's efforts to complete final 10 phases of University Park,which are in addition to the Minimum Required Improvements; and d 11 U WHEREAS, consistent with the foregoing, the Developer has requested that the Successor o 12 Agency issue a Certificate of Completion confirming that it has developed the Minimum Required 3: 13 T Improvements, in a form consistent with the Certificate of Completion attached to this Resolution as N 14 Exhibit"A"; and = 0 15 WHEREAS, issuance of a Certificate of Completion will be declarative that the Developer E 16 0 has completed the Minimum Required Improvements; however, it will not affect the covenants 17 ° affecting the Site that run with the land, which are: i) non-discrimination and non-segregation (in d 18 0 perpetuity); and ii) property maintenance, not including any property included within a Landscape o 19 v Maintenance Assessment District (effectively for the term of the State College Redevelopment' � 20 tn Plan); and 21 WHEREAS, the issuance of a Certificate of Completion will relieve the Successor Agency 22 of any future obligations with respect to monitoring the DDA, inclusive of any associated financial 23 a expenses related thereto. 24 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have 25 been met. 26 27 NOW,THEREFORE,IT IS HEREBY RESOLVED, DETERMINED AND ORDERED zs BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF 2 Packet Pg.765 i 1 THE CITY OF SAN BERNARDINO,AS FOLLOWS: 2 Section 1. The foregoing recitals are true and correct and are a substantive part of this 3 Resolution, 4 Section 2. The issuance of a Certificate of Completion confirming that the Developer 5 has developed the Minimum Required Improvements, in a form consistent with the Certificate of Completion attached to this Resolution as Exhibit"A", is approved. 6 Section 3. The Executive Director of the Successor Agency g y is authorized to execute the g 7 Certificate of Completion on behalf of the Successor Agency and to take any related actions �- E 8 necessary to accomplish the purpose of this Resolution. 9 Section 4. This Resolution shall take effect upon its adoption and execution in the 0 10 manner as required by the City Charter. Q 11 � 12 13 Ln 14 o 15 �, 16 o 17 0 18 ° 19 M 20 N 21 22 E� 23 a 24 Ill 25 26 27 28 3 Packet Pg.766 i i I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLETION PURSUANT TO THAT CERTAIN NNE 2, 2003 DISPOSITION AND 4 DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND 5 J. R. WATSON & ASSOCIATES DEVELOPMENT CORP., AS AMENDED, RELATED TO THE UNIVERSITY PARK MASTER-PLANNED 6 COMMUNITY AND CERTAIN RELATED ACTIONS o 2 7 Q I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and E 0 8 Common Council of the City of San Bernardino, acting as the Successor Agency to the c Redevelopment Agency of the City of San Bernardino,at a meeting thereof, 10 "= held on the day of ,2013,by the following vote, to wit: 11 Council Members: Ayes Nays Abstain Absent 0 12 MARQUEZ 13 JENKINS Uj 14 VALDIVIA 0 15 SHORETT a 16 KELLEY c U 17 JOHNSON o a� 18 MC CAMMACK v c 0 19 a 20 n Georgeann Hanna, City Clerk 21 City of San Bernardino a� 22 23 The foregoing Resolution is hereby approved this day of , 2013. a 24 25 Patrick J. Morris,Mayor City of San Bernardino 26 Approved as to Form: 27 28 By: James F. Penman, City Attorney . 4 Packet°Pg -767 III 8.B.b EXHIBIT "A" CERTIFICATE OF COMPLETION RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: Successor Agency to the Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 a San Bernardino, California 92401 0 Attn: Mr. Mike Trout, Project Manager - R U (Space Above Line for Recorder's Use) d U This Certificate is recorded at the request and for the benefit of the Successor Agency o to the Redevelopment Agency of the City of San Bernardino and is exempt from the payment of a recording fee pursuant to Govern ent Code Section 27383. T CERTIFICATE OF COMPLETION N WHEREAS, the Redevelopment Agency of the City of San Bernardino was o dissolved February 1, 2012; and ° 0 WHEREAS, the Successor Agency to t e Redevelopment Agency of the City of San Bernardino (the "Successor Agency") as been established pursuant to the L) California Health and Safety Code to wi d-down the affairs of the dissolved o redevelopment agency; and r WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "RDA") and J. R. Watson & Associates Devel pment Corp. (the "Developer") entered w into that certain June 2, 2003 Disposition and Development Agreement, as amended on January 20, 2004, October 17, 2005 and January 10, 2011 (collectively, the "DDA"); and E WHEREAS, the responsibilities of the RDA with respect to the DDA were Q assumed by the Successor Agency on February 1, 2012; and WHEREAS, the purpose of the DDA was to provide for the site disposition and ultimate development of certain residential and commercial developments within an approximately 130-acre site consisting of the master planned community of "University Park", which is located at the northwest corner of University Parkway and North Park Avenue, across the street from the camps of California State University, San -1- Packet Pg. 768 it I I Bernardino, as legally described on Attachment No. 1 to this Certificate of Completion (the "Site"); and WHEREAS, pursuant to the DDA, the Developer was responsible for developing at University Park at least 155 single-family residential units and certain parks, trails and natural areas, inclusive of other improvements that are appurtenant thereto and as required by the applicable City of San Bernardino land use and building controls (the "Minimum Required Improvements"); and WHEREAS, consistent with the foregoing, the Developer has requested that the F Successor Agency issue a Certificate of Completion confirming that it has developed 2 the Minimum Required Improvements; and �. E 0 WHEREAS, issuance of this Certificate of Completion will be declarative that the Developer has completed the Minimum Required Improvements; however, it will not affect the covenants affecting the Site that run with the land, which are: i) Section 4.02 concerning property maintenance, not including any property included within a Landscape Maintenance Assessment District, which shall be in effect for the term of the State College Redevelopment Plan; and ii) Section 4.03 concerning non-discrimination o and non-segregation, which shall be in effect in perpetuity; and w WHEREAS, all of the prerequisites with respect to the approval of this Certificate r of Completions have been met. N NOW, THEREFORE: o 0 1. As provided for in Section 3.07 of the DDA, the Successor Agency does hereby certify that Developer has completed the Minimum Required Improvements in compliance with said DDA. 0 2. This Certificate of Completion shall not constitute evidence of compliance L) with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Site, or any part thereof. Nothing contained herein shall modify in any way any other w provision of said DDA. a� E 3. This Certificate of Completion shall not constitute evidence of Developer's compliance with those covenants in the DDA that survive the issuance of this a Certificate, specifically: i) Section 4.02 concerning property maintenance, not including any property included within a Landscape Maintenance Assessment District, which shall be in effect for the term of the State College Redevelopment Plan; and ii) Section 4.03 concerning non-discrimination and non-segregation, which shall be in effect in perpetuity. 4. This Certificate of Completion is not a Notice of Completion as referred to in California Civil Code Section 3093. -2- Packet Pg.769 it I I I Q IN WITNESS WHEREOF, Agency has executed this Certificate as of this day of , SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCYOF THE CITY OF SAN BERNARDINO = O a� a E 0 By: w Allen J. Parker, Executive Director a 2 d U _ O N r+ m to T Ln v a 0 0 0 N r >fC U O U R .c X w w _ d E v w a -3- Packet Pg.770 8.B.b ATTACHMENT No. "1" Legal Description of the Site [See Following Pages] O m CL E O U w- O d w. v 4= w U c O T LO N a 0 0 O N a+ t0 U O U r L x W w C N E U R r-. w a -4- Packet Pg. 771 8.B.b State of California ) ss County of San Bernardino } On before me, Notary Public, personally appeared who 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 he executed the same in his authorized capacity, and that by -E 0 his signature on the instrument the person, or the entity upon behalf of which the person Z. acted, executed the instrument. a E O I certify under PENALTY OF PERJURY under the laws of the State of California that the - foregoing paragraph is true and correct. v WITNESS my hand and official seal. U c O N t0 (This area for official notarial seal) Ln N a 0 0 C O 'S U O U X w c m E U rr w a -5- Packet Pg. 772 II LEGAL DESCIRIPTION ALL REAL PROPERTY LYING WITHIN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ITHIN SECTIONS 6, 7, 8, AND 17, TOWNSHIP 1 NORTH,RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AND BEING 'E 2 MORE PARTICULARLY DESCRIBED AS FOLLOWS: a E 0 U r- 0 ALL OF TRACT 16509-1, AS SHOWN BY MAP N FILE IN BOOK 302,PAGES 81-85, ; INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO, CALIFORNIA. u CD w L ALL OF TRACT 16509-2,AS SHOWN BY MAP ON FILE IN BOOK 308, PAGES 42-45, INCLUSIVE OF MAPS,RECORDS OF SAN BERNARDINO, CALIFORNIA. 0 ALL OF TRACT 16509-3,AS SHOWN BY MAP ON FILE IN BOOK 308,PAGES 46-48, 3: INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO, CALIFORNIA. U) N ALL OF TRACT 16509-4, AS SHOWN BY MAP ON FILE IN BOOK 312, PAGES 8-12, N INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO, CALIFORNIA. Q 0 ALL OF TRACT 16509-5,AS SHOWN BY MAP ON FILE IN BOOK 312, PAGES 13-15, o INCLUSIVE OF MAPS,RECORDS OF SAN BE ARDINO, CALIFORNIA Cu ALL OF TRACT 16509-6,AS SHOWN BY MAP ON FILE IN BOOK 325,PAGES 69-77, INCLUSIVE OF MAPS, RECORDS OF SAN BER4ARDINO, CALIFORNIA 0 a� ALL OF TRACT 16509-7, AS SHOWN BY MAP ON FILE IN BOOK 331,PAGES 83-92, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO, CALIFORNIA 0 c 0 ALL OF TRACT 17699, AS SHOWN BY MAP O FILE IN BOOK 336, PAGES 70-73, 2- L INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO, CALIFORNIA. 0 ALL OF TRACT 17703-1, AS SHOWN BY MAP ON FILE IN BOOK 337, PAGES 25-29, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO, CALIFORNIA. c a E w w Q Packet Pg. 773 (uoijeldwoo to a;eoigpeo uosleM : 695Z) 0 jo 0 6ui;senbaN aa;}a-1 uosleM :;uawL13el;d ti ti n. a� R a a ( ti J.R. WATSON & ASSOCIATES DEVELOPMENT CORP. June 5, 2013 Mr. Allen Parker City Manager 300 N. "D" Street San Bernardino, CA 92418 Subject: Certificate of Completion Dear Mr. Parker: We have completed the scope of work in accordance with the 2003 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J.R. Watson& Associates Development Col, dated June 2, 2003. We request the issuance of a Certificate of Completion. The property identified in the DDA has been subdivided and now includes the following recorded maps: • Tract 16509-1, • Tract 16509-2, • Tract 16509-3, • Tract 16509-4, • Tract 16509-5, • Tract 16509-6, • Tract 16509 lettered lots, • Tract 17703- 1, and • Tract 17699. Attached is Resolution No. CDC/2004-3, which approved a clarification and amendment to the 2003 Disposition and Development Agreement. It includes a description of the unimproved lands conveyed via the DDA. Also, it includes a section pertaining to the vesting of title. Hopefully,this document will help in the preparation of the Certificate of Completion. 101 Main Street, Suite A,Seal Beach,CA 90740 (562)430-0503 FAX(562)493-5860 www.jrwatson.com (uoilajdwo:D}o aleoigpao uosleM : 695Z) 0 jo 0 Builsenbaa aalle-1 uosleM:luawyoe:4v Thank you for your assistance. Sincerely, James R. Watson Signed on behalf of James R. Watson by: Patricia Salas 101 Main Street,Suite A,Seal Beach,CA 90740 (562)430-0503 FAX(562)493-5860 www.Irwatson.com (uoilaidwoo to aleoilllaao uosleM : L99z) 0 3 o 0 Builsenbaa a9119-1 uosleM:luauayoel;d ' r am ~ 00 ` ' a w ` U a. 1 RESOLUTION O. CD0/2004-3 2 3 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING 4 THE EXECUTIVE DIRECTOR TO EXECUTE THE CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT 5 AGREEMENT BY AND BETWEEN T REDEVELOPMENT AGENCY 6 OF THE CITY OF SAN BERNARDINO AND J. R. WATSON & ASSOCIATES DEVELOPMENT CO.,D TED JUNE 2,2003 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 8 and J. R. Watson & Associates Development Co. (the "Developer") entered into that certain 9 2003 Disposition and Development Agreement by and between the Redevelopment Agency of 10 the City of San Bernardino and J. R. Watson & Zociates Development Co., dated June 2, 11 2003 (the "DDA") providing for the sale to and de elopment by the Developer of certain lands, 12 a map of which is set forth in Exhibit"A", attached ereto(the"Property"); and, 13 WHEREAS, the City of San Bernardino(the City") is the current owner of the Property 14 in accordance with 'the Development Code for the City of San and has divided the Property, P 15 Bernardino and the Government Code of California, into the parcels indicated on Exhibit "A;" 16 and, 17 WHEREAS, the purpose of the DDA is for e Agency to facilitate the acquisition of the 18 Property by the Developer so that the Developer an construct the Project (as defined in the 19 DDA) in accordance with the requirements of the City; and, 20 subsequent to the execution o�the DDA, the parties hereto have received WHEREAS, q P 21 additional information relative to the acquisition of the Property and the development of the 22 Project by Developer, including, without limitation, the re-parceling of the Property by the City, I 23 which further clarify the obligations and rights of the parties under the DDA, and, 24 WHEREAS, the parties, and each of them, desire to clarify and amend the DDA to 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- (uoilajdwoo jo aleaigPoo uosleM : 09Z) 010 Builsenbaa a9119-1 uosleM :luauayoellV r` m � °O CDC/2004-3 a a� Q R IL 1 NOW, TI-IEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 3 FOLLOWS: 4 Section 1, 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 th Agency is hereby authorized to execute the 7 Clarification n and Amendment to the DDA on behilf of the Agency in substantially the form nficat a 8 attached hereto, together with such technical an conforming changes therein as may be 9 approved by the Executive Director and Agency Counsel. Section 3. The Resolution shall become effective immediately upon its adoption. to 11 12 13 14 15 16 17 /Il 18 is 20 21 22 23 24 25 -2- P:U{ 1Rev91utloasM mta1bm12004W0-D1-05 Wahon Ciar Amd VDA CDC Roro,dot (uoilajdwoo jo aleoigpeo uosleM : 699Z) 0 jo 0 6uilsanbaa aalle-1 uosleM :luauayoellV w om r a� a CDC/2004-3 L a 1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING 2 THE EXECUTIVE DIRECTOR TO EXECUTE THE CLARIFICATION AND AMENDMENT TO THE 2003 DISPOSITION AND DEVELOPMENT 3 AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO AND J. R. WATSON & ASSOCIATES DEVELOPMENT CO.,DATED JUNE 2,2003 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 i t. reg. meeting 7 thereof,held on the 20th day of January , 004,by the following vote to wit: 8 Commission Members: Ayes Nays Abstain Absent 9 ESTRADA x 10 LONGVILLE x 11 MCGINNIS x 12 DERRY x 13 SUAREZ x 14 ANDERSON x MC CAMMACK x 15 ,' 16 f 17 �ecreta� 18 The foregoing resolution is hereby approved this 2' "4 day of January , 2004. 19 20 r,�.. Betty bean Anderson,Vice Chair 21 Community Development Commission City of San Bernardino 22 Approved form and Legal Content: 23 24 By' Ag cy oun 25 -3- P:lAamdai\RmtatloaslRnotot1om 1200110{-01-05 Wawa Cur Ad DOA CDC Rrso.doc (uoilaldwoo to aleoippeo uosleM : l,99Z) 0 jo 0 BuilsonbeN aalla� uosleM :luauayoe;lb� °0" CDC/2004-3 r 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 of the 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 PACkriW Smut DepIV4argmtUg=ments-Amendm ms\Agmus-Amend 2004\14.61-05 Watwn Clar Agmt DOC (uoi}aldwo:o}o ateoigpao uosteM : 69SZ) 0 to 0 6uilsenbea a9119-1 uosteM :lu9wLJoe11'V C13 Cd CDC/2004-3 CLARIFICATION&AMENDMENT AGREEMENT 1. Property to be Acquired by 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 rep aced with Exhibit"A"of this Clarification. (b) Section 1.01 of the DDA is hereby replaced with the following: "In accordance with Section 33396 o the California Health and Safety Code, the purpose of this Agreement is top vide for the sale by the Agency to the Developer of certain unimproved 1 ds located at the northwest corner of University Parkway and Northpark Boulevard in the City of San Bernardino and more specifically described as parcels 1, 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 Agreement. 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 evi ry entity regardless of how fee title is held. Furthermore, so long as Developer holds at least 250 of control of such entities any amendments or further clarifications to this Agreement shall be dc emed 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 Cal fornia limited liability company (b) Campus Parkway, LLC, a California 1 mited liability company (c) University Park,LLC, a California limited liability company (d) Park-University,LLC, a California limited liability company" 2 P:OaiW Saviaa DrytV.Wguci\Agrermmis An dm ts\AgrmtaAffwM 20W441-03 Munn Ctar Ag,m.WC (uoilaldwoo jo aleoigpao uosleM : 699Z) 0}o 0 6uilsenball aa:49-1 uosleM :luauayoellV 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 f 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 I 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 by 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 PACkrkaf savim Dept\M#n&M\Agrcemeni..Nnen M"NAVrftu-Amend 200ft"1-05 WUM au AVAMOC (uoiteldwoo to a;eoilipeo uosleM : tggZ) 0 to 0 6uilsenbaa aalle-1 uosleM :luauayoelly 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 casements 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 Project, 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'Uaiul Secvias Dept\uprc[kA&r m=li•Amem,m ts\4m s-Mena 200004-01-0s Wawa Mr Agmc.DOC (uoi;aldwoo lo a;eoi;i:pa:D uos;eM : 6gSZ) 0 jo 0 6ui;senbaa as;;a-1 uos;eM :;uawyoe;;V 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: 13'C"-/ B� Betty Dean Anderson,Vice Chair Community Development Commission City of San Bernardino Date: Z By: L ary� el s Exe tive Director AP VED AS O FORM: A ncy Co el [ALL SIGNA RES MUST BE NOTARIZED] 5 PX[mcal Scrwo Dcpt\MvguctlAgrcc rc ts.Azrcndments4AgnTis•Am d 2004\04.01.05 Watson CW Agent.DOC (uoi;ald=3 fo a;eogrpao uos;eM : I,99Z) 0;o D Bui;senbeN japed uosleM :;uauayoe:ud ao` 00 CDC/2004-3 IL L F - m CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT v a State of California ss. County of San Bernardino On January 23, 2004 before me, David M. Gutierrez Notary Public, personally appeared Betty Dean Anderson. 9 personally known to me ❑ oroved to me on the basis of satisfactory vidence to b the person whose name is subscribed to the within instrument and acknowledged to me that she executed the some in her auth rized capacity, and that by her signature on the instrument the person, or the entity upor behalf of which the person acted, executed the instrument. DAVID M. GUTIERREZ -- Comm.11363195 NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal. Sin Bemudine CoumY MY Comm.Expliesiu Place Notary Sea!Above Signature of 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 A endment to the 2003 Disposition and Development Ag eement 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: RIGHT THUMBPRINT Capacity(ies) Claimed by Signer OF SIGNER Signer's Name: Betty Dean Anderson Top of thumb here ❑ Individual Q Other: Vice Chair Signer is Representing: Community Development Commission City of San Bernardino (uol;aldwoo jo a}eoippeo uosleM : 695Z) 0 jo 0 6ul}senbab a9119-1 uosleM quawLioel4br v 00 00 0o CDC/2004-3 Cb a w a� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT a State of California SS. County of San Bernardino On January 28, 2004, before me, Margaret L. Parker, Notary Public, personally appeared Gary Van Osdel. © personally known to me ❑ 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 he executed the same in his :�RExe~ authorized capacity, and that by his signature COM MwM#1413744 on t e instrument the person, or the entity upo behalf of which the person acted, My COMM Exptres Apr 26,2007 exe uted the instrument. WITNESS my hand and official seal. Place Notary Seal Above ignature of 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(ies) Claimed by Signer RIGHTTHUMBPRINT Signer's Name: Gary Van Osdel OF ❑ Individual Top of thumb here ❑ Corporation Officer-Title(s): ❑ Attorney in Fact 2 Other: Executive Director Signer is Representing: Redevelopment Agency of the City of San Bernardino (uoijeldwoo jo aleoigpao uosleM : 6g5Z) 0 jo 0 6uilsenbab aalla-1 uosleM:luawyael;d a � om ti °0 CDC/2004-3 - m a. ca a DEVELOPER J.R. Watson &Associates Development Co. a California corporation Date: – .p "j By: Its: Univ rsity Park Holdings, LLC, a Califomia limited liability company Date: y _ By: Its: �— Campus Parkway,LLC,a California limited liability company Date: {o /p O¢ By: C- University Park, LLC, a California limited liability company Date: ?-University, 14 lz'f�— Its: LLC, a California limited iability company Date: /v/1 p Y: /�z �;-7 Z� [ALL SIGNATURES MUST BE NOTARIZED] 6 P:1Ckrical Wvicn DCpIUlargvt:t�A�rccmenis•AmoutrrctuclAgstnts•AmoM 5004\04-01.03 Watson Clot Aunt DOC (uoi;aldwoD jo a;eoldl:paD uos;eM 6992) O 10 6ul;sanbaN ja;;a-1 uos;eM :;uauayoe;;y ti 1 ti CDC/2004-3 CL r m X CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT n. ", C'�'�G'rc'�'��'4'r�'�'c�'�'�`��'�4Y':4�.':c'�:�G�'tiY:•4'�:Gr4�G�':G`�?GY�'�r::G�.����'��5�::4X''4'.�•4Y':G`�::Gr•�:cY.`�C?:cr.�C•c�`q,,v State of California � ss. County of r � l On 4�iJ before me, �, L ��►Cj ate i /� l Mama antl,,✓ie�lf�Of(i�ar( .gf.,'Jrane Doe.No ry Wic) �i personally appeared �t'C ` `'t i i Lt,`lu Name(s)of Signer(s) personally known to me PFQN,ed to l_ •eaicfenee- to be the personX whose names/ islem ¢, subscribed to the within instrument and !' acknowledged to me that he/sNA4ey executed the same in his/her/their authorized LOi'EZ capacity,(ies}, and that by his/l}ei°/their t C ;i_=cnA 1319967 1, signatureiw(on the instrument the personfe'�, or if. c-Calffomla the entity upon behalf of which the persor)K t-N1. cs County �grp0. acted, executed the instrument. WITNESS my hand and off iaf seal, Place Notary Seal Above Signature of Notary Pub rn OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the docu t and could prevent fraudulent removal and reattachment of this form to another document. Descri 'on of Attached Document l Title or Type Document: l Document Date: mber of Pages: Signer(s)Other Than Name ove: Capacity(les) Claimed by Signe Signer's Name: ( Individual Top DI thumb here Ll Corporate Officer—1 Title( Ll Partner—L Limited eneral (1 Attorney in Fact O Trustee C Guardian Conservator G Other. er is Representing: DIM National Notary As iahon•9350 De Solo Ave..P.D.Bo.2402•Chatsworth.CA 913132402•www,natronaRrotary.org Prof.No,5607 Reorder.Call T08,Frae 14IM876.8827 (uoilaidmoo jo aleoippeo uosleM : 699Z) o jo o 6uilsanbaN elle-1 uosleM :luauagoellb► 00 m ti CDC/2004-3 aT a Y V RS a State of California ss County of Orange On February 10, 2004, 2004, before me, Janice all, Notary Public, personally appeared James R. Watson, personally known to me to be he person whose name is subscribed to the within instrument and acknowledged to me I hat he executed the same in his authorized capacity, and that by his signature o the instrument the person, Or the entity upon behalf of which the person acted, eXE euted the instrument. WITNESS my hand and official seal. AIL Ccxtire_�On r,1316116 1Not6VYPu1�'r. CRI-13nlg orange Ccur`11 Sz S1 i� r,,ycc----n F .: :A_1�9I Sig ature Notary Public Co missio # 1316136 Place Notary Seal Above Expires 129105 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 OM er•Title(s): Partner- Limited General Attorney in Fact Trustee 1 Guardian or nservator 1-WICE l V"ALL Other: CorTVTO-_JOnC 1316136 Signer is Repr venting-*President J.F-Watson&Associates Development NotwyPub':o-Caffomig Co.,a Caliki corporation Orange County ►'YCV--nF �A,,129,a�5 (uoi;ajdwo0;o ajeoigpao uos;eM : 6g5Z) 0 j 0 Builsenbaa a9119-1 uos;eM :;uaultloellV m 0o CDC/2004-3 a NC m a 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 he 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. JAn,lcl V:,au WITNESS my hand and official seal. CMV*-3b"V 1318136 o►>�e mar -' c`__ r�fC-5n. •"^� S' at e of Notary Public om Sion# 13 1613 6 Place Notary Seal Above Expires 8/29/05 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 2008 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J.R.WATSON&ASSOG TES DEVELOPMENT CO.,DATED JUNE 2,2003. Document Dated: JANUARY 20,2004 Number of Pages: 6 palpis with 4 attachments Capacity(ies)Claimed by Signer Signers Name James H.Watson X Individual Corporate Officer—Title(s): Partner— Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Repre nting:Authorized member University Park Holdings, LLC,a California limited liability company Other signers Charles Shumaker Charles J. Diamond fir►' (uopeldwoo}o aleoigpao uosleM 6952) 0;o 0 6ugsanbaN aapa-1 uosleM :luaulyoelltl 0 o� n CDC/2004-3 a m a 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. ,,,.�;,�:, „ - WITNESS my hand and official seal. VYCO� �zs,zoos \� �,•ry ,_ \1Jo.�G Si t e of Notary Public Co#imis ion#E 1316136 Place Notary Seal Above Exp' s 8/29/05 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 pagea with 4 attachments Capacity(ies)Claimed by Signer Signers Name: James Watson X Individual Corporate Officer-Title(s): Partner— Limited General Attorney in F ct 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 (uollaldwoo to aleoigpaO uosleM 6952) 0 3o D Bullsanbaa aa4le-1 uosleM :luawgoellV 00 � CDC/2004-3 a w a� a 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. ,ANICE`,ALL WITNESS my hand and official seal. Si ature o Notary Public C mission 1316136 Place Notary Seal Above Ex /05 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: Charles.'.Diamond X Individual Corporate Offic r-Title(s): Partner— Li nited General Attorney in Fac 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 (uoi;aidwoo jo a}eoi;ipa3 uos;eM : 69SZ) 0 30 0 6ui;senbaU aa;;a-1 uos;eM :;uewyaejjv o> ti CDC/2004-3 Ch CL V ?rtQ CL EXHIBIT"A" Amended Property Map to Replace Exhibit"A" to the DDA P:10e=I Serma DW%Mu&xMVAgrmv ems-AMUO rftyAgmys.pmcM 2004\"-O"S Walwn Chr Ago4.DOC (uoi;aldwoo jo a;eoggiao uos;eM : 695Z) 010 6ui;senbeN aa74a-1 uos;eM :;u9w4oe:RW M rn m CDC/2004 n EXHIBIT"A-1" a r E2 t s D Lis liarw h V Ito a . yj I't.: I ti t agw t+ A G y Y b t $ ;b a � Q � a I$ � z b a } 2 N XQ tQ pp. Z i , a � da y got bqr t 3. Lij tY N 8t2 Ct W _ k Z5e-_ r N_ S j � g bIQa ;5 4' BQ e�b e e yen 'wed =�{t O 4 4 Min y` Ravi S 3 b�`� aFs� Set _ toils IZ h # kN (uoijoldwoo}o ejeoigpoo uos;eM : 69SZ) 0 jo 0 Bugsenbaa aalla-1 uos;eM :;uautyoejjv C6 CDC/2004-3 ~ °O EXHIBIT"A-2" a d w TW QTr OF SAN SO NAZWO' " SrWC A 9Jf DtW&*V OF A PORTO n OF RANC tO WSOA-1 E. PEI?PLAT REWROEO It 9" I d OF MAPS, PACE 23. RECORDS OF SAN S&WtARONJO 11"TY ANO LMC MTINw SECTIONS 7. d AND 17 TOWSHR I NORM.. RANG£ 4 HEST SAN SERNARNHO MEOf M(WSIJRYETED). TRANSTECH ENClNEFRS. wc- sEMWER 2003 r PROCEDURE OF SURVEY AND SHEET 1NDEx too W at / /' `-mot •S:Aaa A.a.aac ty... !/. ` ws> N\ ARC£L I ARm ` fr — IP rrM �a be ^ %AT rpm ti' ? .w.:, °;:,'s::it^� /,j 4 �• NOLT A. P �'• t k R�,;. •sM rvamC p' '�' Jr As w(1S,2.0 rC' WA9 w PARCEL MAP 6631 1� , I� n A7E Ut vfnur r 044 AFRA40#40 0.Pp PAGE 7. a O /i i� T / PARCEL - cAC/UWw �f z` / �' _� ,., 4•�', i a/,l� ¢t �a'; s ESQ < r.L o•..Lr V..C� 3 1 �y�, �(A/ � r-- ' 1 � Q O XOS_'VY! 14 TRACT 57647 xa�d6r7p - /,!// 1 yrr aarti.w,a an �,.� � 1 1 0n1 ri7q Im W K'}•• I o7M.11�u.;�w b on u .PARCEt lAA 110. pwo WAD, t o-.r�wtr V _ ,\\ .tea s°.:i q/� •1 , t W rt7RTN TR.'sornP t I xArra q •ti,e '� i ` �,b'�` C t.£AT ��..A.o*. A•a�.. A T W°E ' iAd� t • V A�TYI rl..l.���-- � M .1A ® '•�o A•c+v.►wt or. - -•.n v kAS u rrry rss.....n Aw♦a.. It Ir I "L,...Arww.p Lacs. is an wv ti Nat• w Jla+ u0wwm�.[i ar.�..,rr•n.t.t0.•LT TRACT V90SO .� Ma lva6a SukvEYOR'S /NOTES. .00Arn Aa.o.P.44.1 S di[D Rtfum wrA AL6 A—Tr.VMS PACE A•0 CS IAva .4rAsta ACP0.0 9.1.Pa ono.9.7 Pa .610 A GRAPn2.`.CAj.0 t t roo.Tn Arcem 0.1.ra c7:Aryl .BASIS OF BEARINGS t/J rOCAQS R46K firiFbC - ' it 6a9s o ac.ra AIM s4 WP a K..o.tc7ar.a.t .QCARS Fa 1—09 W^z .300 oaf 0r Noca,4409k Naa7..L W."n 1 (uoitaldwoo Jo eleogrpoo uos;eM : b99Z) 0 Jo 0 6ugs9nb9a aa:4a-I uos;eM 4uauayoe:9b► CDC/2004-3 EXHIBIT"B" AMENDED AND RESTATED SCHEDULE OF PERFORMANCE TO REPLACE EXHIBIT"G"OF THE DDA EXHIBIT"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 of DDA June 2,2003 Developer shall perform the following after receipt of the relevant governmental approvals and pen-nits: 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 5`h anniversary of the Close of Escrow. P:Uaial Saviors ncpt\MargmeMgrsm=an Mwn&�LtV4mvs.Ameoa 20044"1-05 wu,ee elu Ag m.00c