Lewis Land Developers, LLC (3) Electronically Recorded in Official Records,County of San Bernardino 50953102/2017AM
RECORDING REQUESTED BY: T BOB DUTTON NC
ASSESSOR-RECORDER-CLERK
FNTG Builder Services A; 771 Document Processing Solutions
AND WHEN RECORDED MAIL TO: Doc#: 2017-0180972 Titles: 1 Pages: 6
CITY OF GRAND TERRACE Fees 00
22795 BARTON ROAD Taxes 00
GRAND TERRACE, CA 92313 Other 00
ATTN: HAROLD G. DUFFEY, PAID 00
CITY MANAGER
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Order: 23081895
AGREEMENT
„ J
Name• ohn M.Goodman !�
APPROVED AS TO FORM Its: uthorized Agent
SIGNED IN COUNTERPART Dated:April 2017
By:
Name:
Its:City Attorney
Dated:April_,2017 _ __
Boty0K . 3L�41AA1
,L5 t
Recording Requested by:
FNTG Builder Services
Attention:Harold G.Duffey,City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace,CA 92313
RECORDER: EXEMPT
Nis Recording without fee per Govt..6103
Space above line for Recorder's use only
1167-151-22-0-000; 1167-151-68-0-000; 1167-151-71-0-000; 1167-151-74-0-000; 1167-161-03-
N 0-000 and 1167-161-04-0-000 '
AGREEMENT TO RELEASE
This Agreement to Release is made as of April 28,2017(this "Release Agreement"),by
the City of Grand Terrace,in its capacity as a taxing entity(the "City")and in its capacity as the
owner of that certain real property more specifically described in Exhibit A incorporated herein
by reference("Real Property").
RECITALS
A. The Successor Agency to the former Community Redevelopment Agency of the
City of Grand Terrace(the "Successor Agency"),the City of Grand Terrace (the"City"),the San
Bernardino County General Fund,the San Bernardino County Flood Control District,the San
Bernardino County Free Library, the San Bernardino County Superintendent of Schools,The
County Fire District,the San Bernardino Community College District,the Riverside-Corona
Conservation District,and the San Bernardino Valley MWD(collectively with the City known as
the "Taxing Entities")entered into that certain agreement dated October 11,2016 (the
"Agreement"),with reference to the Real Property.
B. In connection with the Agreement,the Owner and the City executed a document
titled the Compensation Agreement,to provide notice of certain obligations of the Owner under
the Agreement which Compensation Agreement was recorded against the Real Property in the
Official Records of the County of San Bernardino as Instrument No.#2016-0456816 on October
31,2016.
C. The City has determined that the Owner has fulfilled its obligations under the
Agreement and desires to release the Compensation Agreement from the Owner's interest in the
Real Property.
NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated
herein by this reference,and the mutual benefits accruing to the parties hereto and other valuable
consideration,the receipt and sufficiency of which consideration is hereby acknowledged,it is
hereby declared,understood and agreed as follows:
The City hereby releases the Owner(and its successors)and the Real Property from any
and all obligations owed to the City under the Compensation Agreement.
1
d and inure to the
benefit of the parties and their respective heirs,successors and assigns.
6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions
and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge
or enlarge any of the terms,covenants,conditions or provisions of the DDA.
- -- - - � Nieel/:dli nu l'Iq��BN
r
3
edges and
agrees that the Property has been sold and conveyed by Grantor in an "AS IS"
condition, with all faults, and Grantee acknowledges that the Property may have
been used for railroad and/or industrial purposes, among other uses. Grantor does
2
In granting this Release Agreement,the City hereby expressly waives and relinquishes all
rights and benefits afforded by California Civil Code Section 1542,as well as any similar law,
statute,provision or policy in any other jurisdiction subsequently adopted in the State of
California,and the County understands and acknowledges the significance of such specific
waiver of California Civil Code Section 1542,which reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM OR HER,MUST HAVE
MATE:_ • LY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Ci Vgr
Section 3. This Release Agreement contains the entire agreement between the parties
hereto and supersedes all prior agreements,oral or written,with respect to the subject matter
hereof.This Release Agreement shall not be construed as if it had been prepared by one of the
parties,but rather as if both parties had prepared it.
Section 4. This Release Agreement shall be binding on and inure to the benefit of the
legal representatives,heirs, successors and assigns of the parties.
Section 5. This Release Agreement shall be governed by and construed in accordance
with the laws of the State of California.
Section 6. This Release Agreement may be signed by the different parties hereto in
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same agreement.
[Signatures on following page]
1
nder
the Agreement which Compensation Agreement was recorded against the Real Property in the
Official Records of the County of San Bernardino as Instrument No.#2016-0456816 on October
31,2016.
C. The City has determined that the Owner has fulfilled its obligations under the
Agreement and desires to release the Compensation Agreement from the Owner's interest in the
Real Property.
NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated
herein by this reference,and the mutual benefits accruing to the parties hereto and other valuable
consideration,the receipt and sufficiency of which consideration is hereby acknowledged,it is
hereby declared,understood and agreed as follows:
The City hereby releases the Owner(and its successors)and the Real Property from any
and all obligations owed to the City under the Compensation Agreement.
1
d and inure to the
benefit of the parties and their respective heirs,successors and assigns.
6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions
and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge
or enlarge any of the terms,covenants,conditions or provisions of the DDA.
- -- - - � Nieel/:dli nu l'Iq��BN
r
3
edges and
agrees that the Property has been sold and conveyed by Grantor in an "AS IS"
condition, with all faults, and Grantee acknowledges that the Property may have
been used for railroad and/or industrial purposes, among other uses. Grantor does
2
IN WITNESS WHEREOF,the parties have executed this Agreement to Release as of the day first above written.
CITY:
CITY OF GRAND TERRACE,a political
subdivision of the State of California
By:
SIGNED IN COUNTERPART
Date: '/ —
APPROVED AS TO LEGAL FORM:
By:
Date: </ -/ 17
[ALL SIGNATURES MUST BE NOTARIZED]
I
CE, CA 92313 Other 00
ATTN: HAROLD G. DUFFEY, PAID 00
CITY MANAGER
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Order: 23081895
AGREEMENT
„ J
Name• ohn M.Goodman !�
APPROVED AS TO FORM Its: uthorized Agent
SIGNED IN COUNTERPART Dated:April 2017
By:
Name:
Its:City Attorney
Dated:April_,2017 _ __
Boty0K . 3L�41AA1
,L5 t
IN WITNESS WHEREOF,the parties have executed this Agreement to Release as of the day first above written.
CITY:
CITY OF GRAND TERRACE,a political
subdivision of the State of California
•
• By: y ,,f- •
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tea•.*1'4 fdc"i �'rc1��.
•
• Date: y G /'201'7 �� , �, rt ,r0.
G • gOi-Ci IQ` JIFF / _ `} :i'r.' )�`�o•=
APPROVED AS TO LEGAL FORM: AeA G /elm /-/ 1I Du-C-4V } �
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SIGNED IN COUNTERPART • r' f, -
By: 2
• 1rr►:ics:tti•
•
Date:
•
[ALL SIGNATURES MUST BE NOTARIZED]
•
•
•
•
•
3
Acknowledgement
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
County of San Bernardino
On April 26, 2017, before me, Gurpal Bawa,Notary Public,personally appeared
Glenn Harold Duffy 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 his signature •
on the instrument the person, or the entity 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 myhand and official seal. GURPAL BAWA
'�,,... COMM. #2052368
1' - NOTARY C-CALIFORNIA
My
PUBLI
SAN CamBERNExp Ir ARDIes ianNO C.1OU5,201NTY
8�_ M.
h11 N._
41114_45&/-0-1
(Signature) (seal)
e Agreement shall be governed by and construed in accordance
with the laws of the State of California.
Section 6. This Release Agreement may be signed by the different parties hereto in
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same agreement.
[Signatures on following page]
1
nder
the Agreement which Compensation Agreement was recorded against the Real Property in the
Official Records of the County of San Bernardino as Instrument No.#2016-0456816 on October
31,2016.
C. The City has determined that the Owner has fulfilled its obligations under the
Agreement and desires to release the Compensation Agreement from the Owner's interest in the
Real Property.
NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated
herein by this reference,and the mutual benefits accruing to the parties hereto and other valuable
consideration,the receipt and sufficiency of which consideration is hereby acknowledged,it is
hereby declared,understood and agreed as follows:
The City hereby releases the Owner(and its successors)and the Real Property from any
and all obligations owed to the City under the Compensation Agreement.
1
d and inure to the
benefit of the parties and their respective heirs,successors and assigns.
6. No Alteration of DDA. This Memorandum is subject to the terms,covenants,conditions
and provisions of the DDA and is not intended and shall not be construed to alter,modify, limit, abridge
or enlarge any of the terms,covenants,conditions or provisions of the DDA.
- -- - - � Nieel/:dli nu l'Iq��BN
r
3
edges and
agrees that the Property has been sold and conveyed by Grantor in an "AS IS"
condition, with all faults, and Grantee acknowledges that the Property may have
been used for railroad and/or industrial purposes, among other uses. Grantor does
2