HomeMy WebLinkAboutContracts & Agreements_189-2012_CCv0001-4.pdf t
RECORDING REQUESTED BY
Recorded In Official Records,County of San Bernadino 9!2112012
AND WHEN RECORDED NWCW DENNIS DRAEGER 8:00 AMS DOCUMENT AND B8
TAX STATEMENT TO: ASSESSOR - RECORDER - CLERK
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Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
RECORDING REQUESTED BY
ANO WHEN RECORDED MAIL TO:
City of Redlands
Attn: City Clerk
35 Cajon Street, Suite 2
P.O.BOX 3005
Redlands,CA 92373
APN;0292-044-09, 0292-044-10,0292-044-1 1,0292-044-12 (SPACEABOVEUNE FOR RECORDER-5-USQ
MEMORANDUM OF CONDITIONAL AIGINMINIANTERPART
PROPERTY DISPOSITION AGREEMENT
(i) Property. This Memorandum of Conditional Property Disposition Agreement
("Memorandum") is made in reference to County of San Bernardino Assessor's Parcel Nos.
0292-044-09, 10, 11 and 12 as more particularly described in Exhibit "A" attached hereto (the
"Property").
(ii) Parties to Memorandum. This Memorandum is dated for identification purposes
only as of September 21 _, 2012, and is entered into by and between the City of Redlands, a
general law city ("City") and Prologis, L.P., a Delaware limited partnership, ("Buyer") as
assignee of Howard Industrial Partners, California limited liability company("HIP").
(iii) Parties to Conditional Property Disposition Agreement, City and HIP have
entered into that certain Conditional Property Disposition Agreement dated as of October 18,
2011, as amended by that certain First Amendment to Conditional Property Disposition
Agreement dated October 18, 2011 and that certain Second Amendment to Conditional Property
Disposition Agreement dated September 2.�, 2012 (collectively, the "CPDA") for the Property.
HIP has assigned all of its rights in the CPDA to Buyer. All of the terms, conditions, provisions
and covenants of the CPDA are incorporated herein by reference, and the CPDA and this
Memorandum shall be deemed to constitute a single instrument or document,
(iv) Purpose of Memorandum. This Memorandum is prepared for recordation
purposes only, and it in no way modifies the terms, conditions, provisions and covenants of the
CPDA. In the event of any inconsistency between the terms, conditions, provisions and
covenants of this Memorandum and the CPDA, the terms, conditions, provisions and covenants
of the CPDA shall prevail.
[Remainder of page intentionally blank; signature page follows]
v `
Ex&uted this� _day of September,2012.
CITY BUYER
PROLOGS,L.P.,
a Delaware limited partnership
By; Prologis,,Inc.,
a Maryland corporation,
its general partner_
Pett:Agal ,Mayor Lazne: Anne LaPlace
I Title: First Vice President
ATTEST:
SIGNED IN OU TE PART Z,
Sam Irwin, y lerk
4
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Executed this day of September,2012,
CITY 14-9-eA"S BUYER
PROLOGIS, L.P.,
a Delaware limited partnership
By: Prologis, Inc.,
a Maryland corporation,
partner
By: By: C:!f G"'A("
Pete Aguilar,Mayor Name: Anne Laplace
Title: First Vice President
ATTEST:
Sam Irwin,City Clerk
SIGNED IN COUNTERPART
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on September 19, 2012,
before me,Teresa Ballinger, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of
Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk, who
proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)mare subscribed to
the within instrument and acknowledged to me that heWwlthey executed the same in his4ke4their
authorized capacity(ies) and that by hi~their signature(s) on the instrument the person(s), or the
entity 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.
\\ki till
WrINESS my hand and official seal-
R E0Z
A
'&p CLERK
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ARTHUR S. IRWIN,CITY
1888
0 By:
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tttttttTeresa Ballinger, CWy Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneselVthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
(i) Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Memorandum of Conditional Property Disposition Agreement
Date of Document Approved September 18,2012,signed September 19,2012
Signer(s)Other Than Named Above: Anne LaPlace,First Vice President;Prologis,L.P.,a Delaware
limited partnership by:Prologis,Inc.,a Maryland corporation,its general partner.
STATE OF COLORADO
CITY/COUNTY OF DENVER
The foregoing instrument was acknowledged before me, the undersigned Notary Public,this
lk� day of September, 2012, by Anne LaPlace, as First Vice President of Prologis,Inc.,a
Maryland corporation,on behalf of said corporation; said corporation being the general partner
of Prologis, L.P.,a Delaware limited partnership
Z9,
fA
No(ary Public
1.
My Commission Expires. a�'e
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OF C
EXHIBIT 'A'
File No.: NCS-499611-ONTI(jd)
Property: +/-37.18 Acres,APN#0292-044-09;10;lland;12, Redlands,CA 92374
PARCEL A:
LOTS 1 AND 4,GREGORY TRACT NO. 1,IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 19 OF MAPS,
PAGE 94, RECORDS OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF PALMETTO AVENUE VACATED BY RESOLUTION No.
7145 RECORDED JUNE 4, 2012 AS INSTRUMENT NO. 2012-0218943 OF OFFICIAL
RECORDS DESCRIBED IN EXHIBIT-A-, BOUNDED ON THE EAST BY THE EASTERLY LINE
OF SAID LOT 4 PROJECTED SOUTHERLY.
APN: D292-04409-0-000 AND 0292-044-10-0-000
PARCEL 5:
LOT 7 OF GREGORY TRACT NO.1,IN THE CITY OF REDLANDS,COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA, RECORDED IN BOOK 19, PAGE 94 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER,COUNTY OF SAN BEMARDINO,STATE OF
CALIFORNIA.
EXCEPTING THAT PORTION OF LOT 7 OF SAID GREGORY TRACT No. I DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF SAID GREGORY TRACT No. 1
AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 68,PAGE 23 RECORDS OF
SURVEY IN THE OFFICE OF THE COUNTY RECORDER,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,THENCE;S89027'57"E 320 FEET, MORE OR LESS,ALONG THE
NORTH LINE OF SAID LOT 7,TO A POINT ON A LINE THAT IS PARALLEL WITH AND 320
FEET EAST OF THE WEST UNE OF SAID LOT 7,SAID POINT BEING THE TRUE POINT OF
BEGINNING,THENCE;S00*3821"W 30.07 FEET,MORE OR LESS,PARALLEL WITH AND
320 FEET EAST OF SAID WEST LINE OF LOT 7,TO A POINT ON A LINE THAT IS PARALLEL
WITH AND 600.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 7,THENCE,
S89027'49"E 340.66 FEET, MORE OR LESS,PARALLEL WITH AND 600.00 FEET NORTH OF
SAID SOUTH LINE OF LOT 7,TO THE EAST LINE OF SAID LOT 7,THENCE;N0003638"E
30.08 FEET,MORE OR LESS,ALONG THE EAST LINE OF SAID LOT 7,TO THE NORTHEAST
CORNER OF SAID LOT 7,THENCE; N89027'57"W 340.65 FEET,ALONG THE NORTH LINE
OF SAID LOT 7,TO THE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PROPOSED PARCEL 1 IN A CERTIFICATE OF
COMPLIANCE RECORDED JUNE 4,2012 AS INSTRUMENT NO. 2012-0218944 OF
OFFICIAL RECORDS OF SAID SAN BERNARDINO COUNTY.
TOGETHER WITH THAT PORTION OF PALMETTO AVENUE VACATED BY RESOLUTION NO.
7145 RECORDED JUNE 4, 2012 AS INSTRUMENT NO. 2012-0218943 OF OFFICIAL
RECORDS DESCRIBED IN EXHIBIT"A"I BOUNDED BY THE WESTERLY AND EASTERLY
LINES OF SAID LOT 7 PROJECTED SOUTHERLY,
NCS-499611-ONTI I of z
First American Title Insurance Company National Commercial F11e*No.:' f4CS-499611-ONT1(jd)
Services
Date: September 19,2012
APN:A PORTION OF 0292-044-11-0-000
PARCEL C:
LOT 10 OF GREGORY TRACT NO. 1,IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO,STATE OF CALIFORNIA,RECORDED IN BOOK 19, PAGE 94 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN BEMARDINO,STATE OF
CALIFORNIA.
EXCEPTING THAT PORTION OF LOT 10 OF SAID GREGORY TRACT NO. I DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 10 OF SAID GREGORY TRACT NO.1
AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 68,PAGE 23 RECORDS OF
SURVEY IN THE OFFICE OF THE COUNTY RECORDER,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,THENCE; N89027'57"W 300 FEET, MORE OR LESS,ALONG THE
NORTH LINE OF SAID LOT 10,TO A POINT ON A LINE THAT IS PARALLEL WITH AND 300
FEET WEST OF THE EAST LINE OF SAID LOT 10,SAID POINT BEING THE TRUE POINT OF
BEGINNING,THENCE, SOO-34'55-W 30.10 FEET, MORE OR LESS,PARALLEL WITH AND
300 FEET WEST OF SAID EAST LINE OF LOT 10,TO A POINT ON A LINE THAT IS
PARALLEL WITH AND 600.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT to,
THENCE; N8902749"W 330.67 FEET, MORE OR LESS,PARALLEL WITH AND 600.00 FEET
NORTH OF SAID SOUTH LINE OF LOT 10,TO THE WEST LINE OF SAID LOT 10,THENCE;
N00036-38-E 30.08 FEET,MORE OR LESS,ALONG THE WEST LINE OF SAID LOT 10,To
THE NORTHWEST CORNER OF SAID LOT 10,THENCE,S89027'57-E 330.65 FEET,ALONG
THE NORTH LINE OF SAID LOT 10,TO THE POINT OF BEGINNING,
SAID PROPERTY BEING DESCRIBED AS PROPOSED PARCEL 3 IN A CERTIFICATE OF
COMPLIANCE RECORDED JUNE 4,2012 AS INSTRUMENT NO. 2012-0218944 OF
OFFICIAL RECORDS OF SAID SAN BERNARDINO COUNTY.
TOGETHER WITH THAT PORTION OF PALMETTO AVENUE VACATED BY RESOLUTION NO.
7145 RECORDED JUNE 4, 2012 AS INSTRUMENT NO. 2012-0218943 OF OFFICIAL
RECORDS DESCRIBED IN EXHIBIT"A"I BOUNDED ON THE WEST BY THE WESTERLY
LINE OF SAID LOT 10 PROJECTED SOUTHERLY,
A.P.N.A PORTION OF 0292-044-12-0-000
NCS-490611-ONT1 2 of