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HomeMy WebLinkAboutSA RESO 2012-13RESOLUTION NO. 2012 — 13 • RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO EXECUTE, WITHOUT COMPENSATION, A SUBSTITUTION OF TRUSTEE AND PARTIAL OR FULL RECONVEYANCE OF A DEED OF TRUST TO EAST -WEST BANK THAT WILL ALLOW THE COMPLETION OF THE PENDING SALE OF THE ADJACENT REVOLUTION 2 SITE LOCATED AT THE NORTH SIDE OF A AVENUE AND EAST 12T" STREET; AND SIMULTANEOUSLY REMOVES THE COMMUNITY DEVELOPMENT COMMISSION LIEN FROM THE CONDOMINIUM UNIT 401 AT THE CENTRO SITE LOCATED AT 45 EAST 12TSTREET, NATIONAL CITY, WITHOUT GIVING UP OWNERSHIP OF SAID CONDOMINIUM WHEREAS, on August 30, 2005, the Community Development Commission of the City of National City ("CDC') entered into a Disposition and Development Agreement ("DDA") with Constellation Property Group, LP ("Constellation"), for the redevelopment of approximately 1.2 acres between National City Boulevard, B Avenue, 11th Street, and 12th Street (R-2) site; and WHEREAS, as part of the redevelopment project, Constellation was to construct on the Site approximately 40 condominium units known as the Centro Project, and pursuant to an amendment to the DDA, Constellation was obligated to convey to the CDC a residential condominium unit and two parking spaces; and • WHEREAS, Constellation was to also develop the parcel west of Centro with a project entitle Revolution on the parcel commonly referred to as R-2; and WHEREAS, on October 13, 2005, East West Bank placed a lien in the form of a $5,230,000 deed of trust against Centro; and WHEREAS, on December 13, 2007, the Commission placed a junior lien in the form of a $2,500,000 deed of trust against Centro; and WHEREAS, both the East West Bank lien and CDC lien show up on the title of the condominium unit; and WHEREAS, on June 2, 2011, Constellation grant deeded over to East West Bank what is described as APN# 556-554-23-000, commonly referred to as the "sliver" as part of a grant deed including the larger R-2 parcel; and WHEREAS, the CDC junior lien currently exists against the sliver parcel; and WHEREAS, on June 11, 2011, East West Bank foreclosed on the Centro site, but did not attach the legal description that matched the 2007 deed of trust, but instead attached the legal description for a new lot related to Centro, which resulted in the creation of the "sliver' parcel; and WHEREAS, on June 16, 2011, Constellation deeded condominium unit 401 to • the Commission; and Resolution No. 2012 — 13 June 5, 2012 Page Two WHEREAS, East West Bank currently owns the R-2 site; and WHEREAS, The Focus Group desires to purchase the R-2 site, but seeks removal of the CDC's lien on the sliver parcel; and WHEREAS, reconveyance of both the East West Bank and CDC deeds of trust in order to remove these liens from the condominium unit deeded to the CDC will provide a clean title to the unit; and NOW THEREFORE, BE IT RESOLVED, that the Successor Agency to the Community Development Commission as the National City Redevelopment Agency hereby authorizes the Chairman to execute, without compensation, a Substitution of Trustee and Partial or Full Reconveyance of a Deed of Trust to East-West Bank for the sliver parcel only, contingent upon East-West Bank releasing its lien on condominium Unit 401, which will allow the completion of the pending sale of the adjacent Revolution 2 site located at the north side of A Avenue and East 121h Street without giving up ownership of said condominium PASSED and ADOPTED this 5th day of June, 20 ,40 • Ron Morrison, Chairman ATTEST: �i Mi lael R. Dall , City Clerk as Secretary to the Successor Agency APPRQVED AS TO FORM: Clau-li "Ga it Silva Successor le cy Counsel 0 Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on June 5, 2012 by the following vote, to -wit: Ayes: Boardmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California By: City Cle k Se ving as Secretary to the Successor Agency Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-13 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on June 5, 2012. By: City Clerk Serving as Secretary to the Successor Agency Deputy