HomeMy WebLinkAbout2007 CC RESO 2007-125 CDCRESOLUTION NO. 2007 — 125
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY (CDC) ACCEPTING A GRANT DEED
FROM HIGHLAND PARK PURPLE COW REVESTING TITLE TO THE PROPERTY
DESCRIBED AS APNS 551-470-43, 551-470-15, 551-470-17, 551-470-18,
551-470-19, AND 551-470-48 TO THE CDC, AS PROVIDED BY THE DDA
WHEREAS, the CDC had previously entered into a Disposition and Deveolpment
Agreement (DDA) with developer Highland Park Purple Cow LLC for the property described as
APNs 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, and 551-470-48; and
WHEREAS, the developer did not commence construction of the project, which
resulted in a court case being filed against the developer. That court case (GIC871365) is
currently pending before the Superior Court of San Diego alleging various breaches by the
developer, including not complying with the terms of the Development and Disposition
Agreement by failing to commence or complete construction of the proposed project; and
WHEREAS, the CDC had conveyed title to the property at issue as part of the
DDA. In the event of a breach, the DDA provides that the developer must re -vest its title in the
property back to the CDC; and
WHEREAS, the CDC previously demanded the re -vesting. The developer is now
re -vesting title to the property to the CDC. By accepting this deed, the property would once
again be re -vested in the name of the CDC, and the CDC would retain its rights to pursue its
other remedies in the litigation.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby accepts a Grant Deed from developer Highland
Park Purple Cow revesting title to the property described as APNs 551-470-43, 551-470-15,
551-470-17, 551-470-18, 551-470-19, and 551-470-48 to the CDC, as provided by the DDA
PASSED and ADOPTED this 5th day of June, 20
on Morrison, Chairman
ATTEST:
Bra.`' :n, Secretary
APPROVED AS TO FORM:
George H. Eiser, Ill
Legal Counsel
Passed and adopted by the Community Development Commission of the City of
National City, California, on June 5, 2007, by the following vote, to -wit:
Ayes: Commissioners Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: Commissioner Morrison.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary,
• • :We-"-ment Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-125 of the Community Development Commission of the City
of National City, California, passed and adopted on June 5, 2007.
Secretary, Community Development Commission
By:
Deputy