Resolution No. 2014-005 (7)RECORDED DOCUMENT
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Recorder's Office, Los Angeles County,
tic x California
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
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SPACE ABOVE THIS LINE IS RESERVED FOR RECORDER'S USE
TITLE
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attention: City Administrator
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder's use.
TERMINATION AND RELEASE OF DISPOSITION AND DEVELOPMENT
AGREEMENT AND DEVELOPMENT AGREEMENT
THIS TERMINATION AND RELEASE OF DISPOSITION AND DEVELOPMENT
AGREEMENT AND DEVELOPMENT AGREEMENT (this "Agreement") is executed as of
December _, 2015, by and between the City of Vernon, a California charter city and municipal
corporation ("City"), and 52nd Drive Apartments L.P., a California limited partnership
("Developer"). The City and the Developer are collectively referred to herein as the "Parties."
A. Developer owns that certain affordable multifamily residential development
located on certain real property in the City of Vernon, and more particularly described in Exhibit
A attached hereto and incorporated herein (the "Property"); and
B. The Property is subject to (i) that certain Disposition and Development
Agreement dated as of February 19, 2013 by and between Developer and the City (the "DDA")
and (ii) that certain Development Agreement (the "Development Agreement") dated as of
March 5, 2013 and recorded March 5, 2013 as Instrument No 20130334907 in the Official
Records of Los Angeles County, California (the "Development Agreement").
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and Developer agree as follows:
1. City and Developer acknowledge and agree that effective upon the date of
recordation of this Agreement, that the Development Agreement and DDA shall terminate and be
of no further force or effect. Nothing herein shall be deemed to terminate any other agreements
between the City and Developer or its affiliate.
2. This Agreement shall be recorded in the Official Records of Los Angeles County.
3. This Agreement may be executed in counterparts, each of which shall be an
original and all of which taken together shall constitute one and the same instrument.
3
� y�a 1—A '�'0
DEVELOPER:
52ND DRIVE APARTMENTS, L.P.,
a California limited partnership
By: CHBA Affordable III, LLC,
a California limited liability company,
its Managing General Partner
By: Community Home Builders and Associates,
a California nonprofit public benefit corporation,
its Sole Member and Manager
By '�z P-1 f5 --- ----
GrahaA P. Espley-Jones, Presiden
By: 52nd Drive Apartments LLC,
a California limited liability company,
its Administrative General Partner
Kasey Burke, Vice President
SIGNATURES MUST BE NOTARIZED.
DEVELOPER:
52ND DRIVE APARTMENTS, L.P.,
a California limited partnership
By: CHBA Affordable III, LLC,
a California limited liability company,
its Managing General Partner
By: Community Home Builders and Associates,
a California nonprofit public benefit corporation,
its Sole Member and Manager
I3
Graham P. Espley-Jones, President
By: 52nd Drive Apartments LLC,
a California limited liability company,
its Administrative General Partner
By:
Kasey Burke, Vice resident
SIGNATURES MUST BE NOTARIZED.
0
A Notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
SS.
COUNTY OF () )
before me, , Y i n , a Notary Public in
and for said State, p ally appeared, - , who proved
to me the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
I R� ANN oEFEo
WITNESS my hand and official seal. ComnNssim * 2074940
Nobly Pubk - CMNomis
Otalge Coady
,1d 17 2018
I�
Signature of Notary Public o [SEAL]
A Notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
SS.
COUNTY OF (ADS A'k-el&75
On efFA4 (-r(- 6 -14 , before me, a Notary Public in
and or said State, personally appeared, fl. SEY A "A-leE , who proved
to me the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
�(. a -'4 ' V�
eof Public
RUTIEL M. CASTILLO
Commission # 2100469
L(q. Notary Public - Cslibrnis
Los Angeles County
Comm. Ex irM Mar 19. me
[SEAL]
g
IN WITNESS WHEREOF, the Parties have executed this Termination and Release of
Disposition and Development Agreement and Development Agreement as of the date first
written above.
An�Q
,�
alo�'6 4
Maria E. jAyala, CLIty Clerk
CITY:
CITY OF VERNON, a California charter city and
municipal corporation
By:
Name rk C. Whitworth
Its: City Administrator
SIGNATURES ON FOLLOWING PAGE(S).
A Notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
SS.
COUNTY OF
On m�aa' , before me, /1Cll�Qr�yy�dti , a Notary Public in
and for said State, personally appeared, , who proved
to me the basis of satisfactory evidence to be the person whose name�4 is/Vd subscribed to
the within instrument and acknowledged to me that he/so/tXy executed the same in
his/nr/tyeir authorized capacity(i A, and that by his/06r/tlir signatureo on the instrument the
persono, or the entity(iprs) upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of No ary Public [SEAL]
-------------------
AMA KARMA RUEOA
Coffdrb on 12075514
MkWy F4 ML - CMMerMA
to An" Couft
*:% Er Iree AN 10 208
�O
Exhibit A
PROPERTY
That real property located in the City of Vernon, County of Los Angeles, State of California,
described as follows:
Lot Nos. 45 through 53 of Tract No. 7923
APN: 6314-002-900 (portion)
EXHIBIT A
LEGAL DESCRIPTION
The real property situated in the City of Vernon, County of Los Angeles, State of
California, described as follows:
LOTS 45 TO 53 INCLUSIVE OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 80 TO 83
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 6314-002-901 (formerly 6314-002-900)
Street Address of Property: 4611, 4627, 4643, 4659 and 4675 52°a Drive, Vernon, CA
3
NOTARY SEAL
Under the provisions of Government Code 27361.7, I certify under the
penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of Notary:
�1�.. �►
Commission no.:
County where bond is filed: k �S
Date Commission Expires:
ManufacturerNendor Identification number: \vf IvTq
PLACE OF EXECUTION:
DATE:
SIGNATURE:
DPS Agent
cc`mcnl Ptor
JL
1v
NOTARY SEAL
Under the provisions of Government Code 27361.73 I certify under the
penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
1
Name of Notary: `1 U
tO-"
Commission no.:�
County where bond is filed:09�-
"!Date Commission Expires: n
ManufacturerNendor Identification number: /
PLACE OF EXECUTION:
.1 M
SIGNATURE:
DPS Agent
I�
YS-
/'41- 6-v
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: 1 N �/ 17- �Y A O A�l-j IVI F � t t • 2
CONTRACT PURPOSE: NCAQ L %JC �,� \i�cS� c«•z l�c-to
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
❑ SERVICES ❑ MATERIALS ❑ BUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE: $ Charge Acct. No(s)
Amendment Value $ — o Contract is an Amendment to Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: kv I ^i tLti r• ( PHONE: ext. lgji
AUTHORIZATION: ts1Approved by Council, Wn4Zd �4,
(Check One) Resolution No.if applicable)
pproved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order - Do not use N/A) Initials Date
(1) Responsible Department Person �jl�-� i
Checks substance of contract and assembles two (2) copies of
contract, insurance & bond documents, certifies compliance
with Competitive Bidding and Purchasing Ordinance
V06
(2) Liability and Claims Z
Approves insurance and sureties, if bonds required
Q) Finance (Purchasing) c -�
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget
(4) City Attorney T
Approves contract as to form, verifies bonds and insurance included
(5) City Signatory M� , ,1� 1) 415
Signs all copies on behalf of City v�1=
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and
transmits duplicate original to contractor, notifies IT to remove related RFP/bid
notice, notifies any "consultant' of duties to file Form 700, if applicable
Rev 1/27/14
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: December 23, 2015
TO: Kevin Wilson, Director of Public Works, Water & Development Services
FROM: Deborah Juarez, Records Management Assistant/�
RE: 52°d Drive Apartments L.P. — Termination and Release of Disposition and Development
Agreement
California Community Reinvestment Corporation — Ground Lease Estoppel
Transmitted herewith for proper processing are the documents listed above related to Resolution No. 2014-
05, which was approved by City Council on March 4, 2014.
Please ensure that a copy of transmittal correspondence and originals of the executed and recorded
miscellaneous documents are sent to the City Clerk's office for the file.
Thank you.
Attachments
c: Resolution No. 2014-05
Agreement No. 14-008
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attention: City Administrator
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder's use.
TERMINATION AND RELEASE OF DISPOSITION AND DEVELOPMENT
AGREEMENT AND DEVELOPMENT AGREEMENT
THIS TERMINATION AND RELEASE OF DISPOSITION AND DEVELOPMENT
AGREEMENT AND DEVELOPMENT AGREEMENT (this "Agreement") is executed as of
December _, 2015, by and between the City of Vernon, a California charter city and municipal
corporation ("City"), and 52nd Drive Apartments L.P., a California limited partnership
("Developer"). The City and the Developer are collectively referred to herein as the "Parties."
A. Developer owns that certain affordable multifamily residential development
located on certain real property in the City of Vernon, and more particularly described in Exhibit
A attached hereto and incorporated herein (the "Property"); and
B. The Property is subject to (i) that certain Disposition and Development
Agreement dated as of February 19, 2013 by and between Developer and the City (the "DDA")
and (ii) that certain Development Agreement (the "Development Agreement") dated as of
March 5, 2013 and recorded March 5, 2013 as Instrument No 20130334907 in the Official
Records of Los Angeles County, California (the "Development Agreement").
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and Developer agree as follows:
1. City and Developer acknowledge and agree that effective upon the date of
recordation of this Agreement, that the Development Agreement and DDA shall terminate and be
of no further force or effect. Nothing herein shall be deemed to terminate any other agreements
between the City and Developer or its affiliate.
2. This Agreement shall be recorded in the Official Records of Los Angeles County.
3. This Agreement may be executed in counterparts, each of which shall be an
original and all of which taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Termination and Release of
Disposition and Development Agreement and Development Agreement as of the date first
written above.
CITY:
CITY OF VERNON, a California charter city and
municipal corporation
A �Q By:
la, rk C. Wl,itwnrth
t Clerk Name
Maria E. yala, y `
Its: City Administrator
SIGNATURES ON FOLLOWING PAGE(S).
DEVELOPER:
52ND DRIVE APARTMENTS, L.P.,
a California limited partnership
By: CHBA Affordable III, LLC,
a California limited liability company,
its Managing General Partner
By: Community Home Builders and Associates,
a California nonprofit public benefit corporation,
its Sole Member and Manager
51
Graham P. Espley-Jones, President
By: 52nd Drive Apartments LLC,
a California limited liability company,
its Administrative General Partner
Kasey Burke, Vice President
SIGNATURES MUST BE NOTARIZED.
A Notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
> ) SS.
COUNTY OF / a-14� %C/a )
On m �o7o�' . before me, /%CIk&1149' W y(fdI , a Notary Public in
and for said State, personally appeared, / , who proved
to me the basis of satisfactory evidence to be the person whose name} is/�k subscribed to
the within instrument and acknowledged to me that he/sV/tXy executed the same in
his/fVr/tyeir authorized capacity(igA, and that by his/pdr/tlir signature on the instrument the
person(Al or the entity(igrs) upon behalf of which the personP4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of No ary Public [SEAL]
AMA KARMA MMDA
CoMMMion 120755t4
OLD Mealy POW - CAWMA
lot Aft" Cwj*
my
Coven. 1! 2018
A03UA AIMAM ANA
►tdZtOS • noit�o0
t�mohlh� • OMtllti �t/ION
YNMgO tN�nA p�
brO'.' Qj
A Notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
SS.
COUNTY OF
On , before me, , a Notary Public in
and for said State, personally appeared, , who proved
to me the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[SEAL]
Exhibit A
PROPERTY
That real property located in the City of Vernon, County of Los Angeles, State of California,
described as follows:
Lot Nos. 45 through 53 of Tract No. 7923
APN: 6314-002-900 (portion)