1 Notice of Termination re Milestone DA 02-21-2023\EMARGOLIN\296588.v2
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City of Barstow
220 E. Mountain View Street
Barstow, CA 92311
Attention: City Manager
(Space Above this Line for Recorder’s Use Only)
TERMINATION OF DEVELOPMENT AGREEMENT
This TERMINATION OF DEVELOPMENT AGREEMENT (this “Termination”), executed by the City of Barstow, a municipal corporation (the “City”), is dated as of the 21st day of February 2023 (the “Effective Date”).
RECITALS
A. WHEREAS, the City entered into the Development Agreement by and between the City of Barstow and Milestone Housing Group, LLC dated as of May 17, 2021, regarding that certain real property located in the City of Barstow, San Bernardino County, California, legally described on Exhibit A attached hereto and made a part hereof (the “Property”) APN Nos. 0181-122-18; 0181-122-19; 0181-122-20; 0181-122-21. All capitalized terms not otherwise defined herein shall have the same meaning as in the Agreement.
B. WHEREAS, Milestone Housing Group, LLC has failed to adhere to secure Affordable Housing and Sustainable Communities Program grants set out in Section 1.1.1 of the Development Agreement and defaulted under Section 7.1 of the Agreement. Accordingly, the City delivered a notice of termination to Milestone Housing Group, LLC care of Marcus Griffin at 51 University Avenue, Los Gatos, CA 95030 on January 21, 2023 whereupon the default remained uncured and Marcus Griffin acknowledged that Milestone Housing Group was in default and did not intend to cure. The Agreement has terminated in accordance with its terms and the City desires to execute and deliver this Termination to provide record notice of the termination of the Agreement as of the Effective Date. 2 Notice of Termination re Milestone DA 02-21-2023\EMARGOLIN\296588.v2
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
1. TERMINATION OF AGREEMENT. Pursuant to Section 7.1 of the Agreement, the City hereby terminates the Agreement, effective as of the Effective Date, and from and after the Effective Date the Agreement is, and shall be deemed to be, terminated and of no further force or effect.
2. MISCELLANEOUS.
(a) This Termination shall be binding upon and inure to the benefit of the City, all of the Parties to the Agreement, and all of their respective successors and assigns. (b) This Termination shall be governed and construed in accordance with the laws of the State of California.
[Remainder of Page Intentionally Left Blank; Signatures Follow] Notice of Termination re Milestone DA 02-21-2023\EMARGOLIN\296588.v2 IN WITNESS WHEREOF, the City has executed this Termination of Development Agreement on the date of acknowledgment, but this Termination of Development Agreement is to be effective as of the Effective Date.
THE CITY OF BARSTOW,
a California municipal corporation
By:___________________________
Name: Willie A. Hopkins, Jr.
Title: City Manager
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 )
On ____________________, 2023, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on 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 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
Notice of Termination re Milestone DA 02-21-2023\EMARGOLIN\296588.v2
EXHIBIT A
Legal Description of the Property
APN: 0181-122-18-0000
PARCEL MAP 20276 PARCEL 1 BOOK 256 PAGE 33
APN: 0181-122-19-0000
PARCEL MAP 20276 PARCEL 2 BOOK 256 PAGE 33
APN: 0181-122-20-0000
PARCEL MAP 20276 PARCEL 3 BOOK 256 PAGE 33
APN: 0181-122-21-0000
PARCEL MAP 20276 PARCEL 4 BOOK 256 PAGE 33