HomeMy WebLinkAbout1988-482
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RESOLUTION NO.
88-482
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10,
LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST
REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S
CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (HEALTH AND
SAFETY CODE SECTION 33433).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A.
The Community Development Commission of the City of
San Bernardino (hereinafter "Commission") proposes to sell to the
Young Women's Christian Association of Greater San Bernardino
(hereinafter "Developer"), that certain parcel of property
identified as APN 135-061-10, located at 566 North Lugo Avenue
within the Central City East Redevelopment Project Area, the
legal description of which is set forth in Exhibit "A" attached
hereto and incorporated herein by reference as though fully set
forth in full and to enter into a Disposition and Development
Agreement therefor, for the sum of $26,071.
B. Notice of the time and place of hearing has been given
as required by law.
C.
The Commission has made available for public
inspection and copying a summary of financial aspects of the
proposed sale.
D.
At the time of approving the Redevelopment Plan, the
Mayor and Common Council approved and certified an Environmental
Impact Report (the "EIR") by Resolution No. 12393 adopted on
April 14, 1976, and the Mayor and Common Council are relying
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December 14, 1988
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RESOLUTION APPROVING THE SALE OF PROPERTY LOCATED AT 566 NORTH
LUGO AVENUE TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER
SAN BERNARDINO
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5 proposed Agreement and sale.
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E.
The summary of financial aspects represents that the
fair market value of the interest to be conveyed by the
Commission, determined at the highest use permitted for such
property is $1,175,000.
F.
All hearings have been held as required by Health and
Safety Code Section 33433.
SECTION 2. Determination.
Based upon the representations
made to the Commission, it is found and declared that the
consideration for the real property described above, in
accordance with covenants and conditions governing the sale, is
less than the fair market value of the property determined at the
highest use permitted under the plan for the Central City East
Project Redevelopment Area, and that such lesser consideration is
necessary to effectuate the purposes of the plan as shown on the
Summary of Financial Aspects.
SECTION 3. Approval.
The Mayor and Common Council of the
City of San Bernardino hereby approve the sale of said property
upon the terms and conditions set forth in this resolution and
the summary of financial aspects.
III
III
III
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RESOLUTION APPROVING THE SALE OF PROPERTY LOCATED AT 566 NORTH
LUGO AVENUE TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER
SAN BERNARDINO
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
19th day
regular
of
December
, 1988, by the following vote, to wit:
AYES:
Council Members
Estrada. Reillv. Flores.
Maudslev. Minor. Pone-Ludlam. Miller
NAYS:
None
ABSENT:
None
~.L?h'~Yl~,ak~~/
/ Ci ty Clerk
The foregoing resolution is hereby approved this c21iL day
of
December
...l.9...8.~ - ~
~~~~
City of San Bernardino
20 Approved as to form
and legal content:
21 1""\
l j _ ..;J
22 /~ A~t~~
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December 14, 1988
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Recording Requested by,
and when Recorded Mail to:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
300 North "D" Street, 4th Floor
San Bernardino, CA 93418
(ABOVE SPACE FOR RECORDER'S USE ONLY)
DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA
AND
YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF
GREATER SAN BERNARDINO, INC.
(CENTRAL CITY EAST PROJECT AREA)
.. (,
REDEVELOPMEN'!' AGENCY OF '.l'HE CITY OF SAN BERNARDINO
DISPOSITION AND DEVELOPMEN'!' AGREEMENT
CENTRAL CITY EAST PROJECT AREA
~HIS AGREEMENT is made and entered into ~his ~ day of
_.n~m.~r
, 1988, by and between the COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a
public body corporate and politic, hereinafter called the
"Agency", and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER
SAN BERNARDINO, ZNC., a California non-prOfit corporation,
hereinafter called the "Redeveloper".
RECITALS
This Agreement is made with reference to the fOllowing
facts:
(a) In furtherance of the objectives of the Community
Redevelopment Law of the State of California (Health and Safety
Code Section 33000, et seg.), the Agency has undertaken a program
for redevelopment of blighted areas in the City of San
Bernardino, California (the "City"), and, in this connection,
pursuant to Ordinance No. 3571 of the City, adopted May 3, 1976,
the City and the Agency have approved and adopted the
Redevelopment Plan (hereinafter called the "Redevelopment Plan")
" :
for the Central City East Redevelopment Project (the "Project").
Pursuant to the provisions of the Redevelopment Plan, the Agency
and the City have undertaken and are now carrying out the
responsibility for the Project in the area subject to the
Redevelopment Plan (hereinafter called the "Project Area"). The
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December 14, 1988
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boundaries of the Project Area are described ~n the Redevelopment
Plan which, by this reference, ~s incorporated herein and made a
part hereof.
(b) That certain parcel of real property more
particularly described in Exhibit "A", attached hereto and by
this reference made a part hereof (hereinafter called the
"Property"), is located within the Project Area, and under the
Redevelopment Plan may be developed for private use.
(c) The Redeveloper has made an offer to purchase and
to redevelop the Property in accordance with the uses specified
in the Redevelopment Plan.
It is recognized that ~t may be
necessary to modify the actual improvements currently located on
the Property, and such modifications will be subject to the
approval of the Agency.
(d) The agency has considered all pertinent data and
analysis, including the reports of its consultants and the
reports and recommendations of its staff, and the Agency
believes that the redevelopment of the Property, pursuant to the
provisions of this agreement, is in the best interests of the
City, will cause employment growth, and the elimination of
blight, will enhance real property values and the public health,
safety and welfare, and is in accord with the public purposes and
provisions of applicable laws and regulations under which the
Project is governed.
(e) Pursuant to the provisions of California Health
and Safety Code Sections 33431 and 33433, the Agency and the
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December 14, 1988
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Mayor and the Common Council of the City gave notice and held
public hearings concerning the approval of this Agreement, and
the Agency and the Mayor and Common Council of the City have
approved the execution of this Agreement and have determined that
the method of disposition of the Property as provided in this
Agreement is the most effective method for accomplishing the
objectives of the Agency.
(f) On the basis of the foregoing, and the
undertakings of the Agency and the Redeveloper under this
agreement, the Agency desires to sell and Redeveloper desires to
purchase the Property in accordance with the provisions of the
Redevelopment Plan and this Agreement.
NOW, ~FORB, IT IS AGREED between the parties hereto as
follows:
1. Purchase and Sale of Property
A. Subject to all terms, covenants, and conditions of
this Agreement, the Agency agrees to sell the Property to the
Redeveloper and the Redeveloper agrees to purchase the Property
from the Agency for a total acquisition price of Twenty-Six
Thousand Seventy-One Dollars ($26,071) (hereinafter called the
"Purchase Price"). The sum of Five Thousand Dollars ($5,000) of
the Purchase Price has heretofore been paid by the Redeveloper
to the Agency; the Redeveloper's covenant and obligation to pay
to the Agency the remaining Twenty-One Thousand Seventy-One
Dollars ($21,071) of the Purchase Price shall be evidenced by a
certain promissory note (hereinafter called the "Note") secured
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December 14, 1988
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by deed of ~rust (hereinafter called ~he "Deed of Trust"), which
shall be executed by ~he Redeveloper substantially in form and
substance as set forth in Exhibits "B" and "C" which are by this
reference made a part hereof.
Within ~en (10) calendar days
following the date of this Agreement, the Redeveloper shall
execute and deposit the Note and Deed of Trust into the escrow
hereinafter described.
2. Opendng of Escrow. In order to consummate the sale of
the Property pursuant to this Agreement, the parties shall cause
an escrow (the "Escrow") to be opened with First American Title
Insurance Company (the "Escrow Agent") within five (5) business
days from ~he date of this Agreement. The close of Escrow shall
occur and all obligations of the parties required to be
performed, prior to the close of Escrow hereunder, shall be
completed not later than sixty (60) days thereafter.
3. Condition for C10se of Escrow. The close of Escrow,
the Redeveloper's obligation to purchase the Property and the
Agency's obligation to sell the Property, pursuant to this
Agreement, are conditioned upon:
(a) The conveyance to the Redeveloper of good and
marketable title to the Property by means of a grant deed
substantially in the form and substance as set forth in Exhibit
"D" attached hereto and incorporated herein by reference, subject
to any and all encumbrances of record as may exist as of the date
of this Agreement and subject to all documents to be recorded
pursuant to this Agreement including, but not limited to, (1)
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December 14, 1988
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that certain Declaration of Restrictions (the "Declaration")
recorded as Document No. 82-163589 in August, 198~ in the Office
of the Recorder for San Bernardino County; (2) ~his Agreement;
(3) the Redevelopment Plan; and (4) the Deed of ~rust.
(b) Delivery of possession of the Property to the
Redeveloper "as-is", in its condition as of the date of this
Agreement, immediately on the close of Escrow.
(c) ~he Redeveloper's deposit into Escrow of the Note
and Deed of Trust fully executed by the Redeveloper.
4. Failure of Conditions. Should any of the conditions,
specified in Section 3 of this Agreement, fail to occur on or
before the date set for close of Escrow as provided in Section 2
of this Agreement, the party who is the beneficiary of ~he
condition shall have the authority to be exercised by giving
written notice to the Escrow Agent and to the other party, to
cancel the Escrow, to terminate this Agreement, and to recover
any amounts paid to, or documents deposited with, the Escrow
Agent on account of the purchase and sale of the Property
hereunder.
The exercise of such authority shall not, however,
constitute a waiver of any other rights which that party may have
for any breach of this Agreement. The Escrow Agent shall be, and
is hereby, irrevocably instructed by the parties to return
immediately to each party, on any such failure of conditions and
receipt of such notice from any party, all documents deposited
with the Escrow Agent pursuant to this Agreement.
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December 14, 1988
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5.
Jo~nt Escrow Znstruct~ons.
This Agreement shall
const~tute joint escrow ~nstructions of the Agency and the
redeveloper for the sale of the Property hereunder. The Agency
and the Redeveloper agree to execute any and all reasonable and
appropriate additional escrow instructions and to perform any and
all reasonable and appropriate acts as may be necessary in order
to expedite and facilitate the close of the Escrow hereunder.
6.
Prorat~on of' ~axes.
There shall be prorated between
the Agency and the Redeveloper on the basis of thirty (30)-
day/months as of twelve o'clock midnight Pacific Time on the date
of the close of Escrow, any and all real property taxes levied or
assessed aga~nst the Property, including any water tax or water
rate levied against the Property, as shown on the latest
available tax bills.
7.
Com.~ss~ons.
The Agency and the Redeveloper,
respectively, represent and warrant that the Agency and the
Redeveloper, respectively, have not retained or used the
services of a real estate broker or other agent for purposes of
undertaking the purchase or sale of the Property hereunder. Any
and all commissions due to real estate brokers or other brokers
as a result of the sale of the Property to the Redeveloper
hereunder shall be paid by any party which as retained or used
the services of any such real estate or other broker.
8. Escrow Costs. The expenses of Escrow shall be paid in
the fOllowing manner:
(a) The full cost of securing any title insurance
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December 14, 1988
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policy shall be paid by the Redeveloper.
(b) The cost of preparing, executing and
acknowledging any deeds or other instruments required to convey
title to the Property to the Redeveloper in the manner described
in this Agreement shall be paid by the Agency.
(c) The cost of recording a grant deed or other
instruments required to convey title to the Property to the
Redeveloper in the manner described in the Agreement shall be
paid by the Agency.
(d) Any tax imposed upon the conveyance to the
Redeveloper of title to the Property under the Documentary
Transfer Tax Act shall be paid by the Redeveloper.
(e) Any Escrow fees charged by the Escrow Agent in
addition to the foregoing shall be paid by the Agency and by the
Redeveloper in equal proportions.
9.
Escrow Account.
All funds in the Escrow shall be
deposited with other Escrow funds in a general Escrow Trust
Account earning interest at the highest rate which may
reasonably be obtained for such Account, and may be transferred
into any other such general Escrow Trust Account; provided,
however, that any and all such Accounts shall be in any state or
national bank doing business in the State of California.
Interest on any funds deposited with the Escrow Agent shall be
credited and paid to the party making such deposit into Escrow.
All disbursements pursuant to this Agreement shall be made by
check from such Accounts.
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December 14, 1988
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10. Close of Escrow; Author~zed Ac~s.
The term .Close of
Escrow" herein shall mean the date on wh~ch necessary
instruments of conveyance are recorded in the office of the
County Recorder of San Bernardino County, California. The
Escrow Agent is authorized and directed to record (a) this
Agreement; (b) a grant deed conveying title to the Property from
the Agency to ~he Redeveloper; and (c) the Deed of Trust. Upon
the close of Escrow, the Escrow Agent shall deliver to the Agency
the original fully executed Note.
11. Extensions of T~e: All time limits within which any
matter herein specified, related to the Escrow hereunder is to be
performed, may be extended by mutual agreement of ~he Agency and
the Redeveloper. Any amendment of, or supplement to, ~he Escrow
instructions hereunder shall be in writing.
12. Additional Au~hor~~y of Escrow Agen~.
Agent is authorized to and shall:
The Escrow
(a) Pay and charge the Agency for any and all current
and/or delinquent taxes, and any penalties and interest thereon,
and for any delinquent or non-delinquent assessments or bonds
pertaining to the Property.
(b) Pay and charge the Agency and the Redeveloper for
any Escrow fees, costs and charges which might arise in this
Escrow, as set forth herein.
(c) Disburse and record documents described herein
when conditions of the close of Escrow have been fulfilled.
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December 14, 1988
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13. Obl~gat~ons of Agency. The Agency shall be responsible
for and complete the actions set forth ~n Exhibit "E" attached
hereto and incorporated herein by reference.
14. Obl~gat~ons of Redeveloper. The Redeveloper shall be
responsible for and complete the actions set forth in Exhibit
"P" attached hereto and ~ncorporated herein by reference.
15. Maintenance.
A. The Redeveloper agrees for itself, its successors
and assigns, and every successor-in-interest to the Property, or
any part thereof, that the Redeveloper and such successors and
assigns shall, to the Agency's satisfaction, properly maintain
the parking areas, landscaped areas and parkways on the Property,
as required by the Declaration.
In addition, the Redeveloper
shall maintain the Property in such a manner so as to avoid the
reasonable determination of a duly authorized official of the
City that a public nuisance has been created by the absence of
adequate maintenance, and that the resulting condition is
detrimental to public health, safety or general welfare, or that
such a condition of deterioration or disrepair causes appreciable
harm or is materially detrimental to property or improvements
within one thousand (1,000) feet of the boundary of the Property.
B. In the event that the Redeveloper, its successors
or assigns fail to perform the maintenance as provided herein
within twenty (20) calendar days after receipt of notice from the
Agency or City to do so, the City and/or the Agency, as their
sole remedy under this Section 15, shall have the right to enter
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December 14, 1988
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~he Proper~y and under~ake, or cause ~o be undertaken, such
maintenance activities.
In such event, ~he Redeveloper shall
reimburse the City and/or the Agency for all reasonable sums
incurred by the City and/or ~he Agency for such maintenance
activities in accordance with the procedure set forth in Section
20 hereof.
16. Res~r~c~~ons on Use.
The Redeveloper agrees for
itself, and its successors and assigns, and every successor-in-
interest to ~he Property, or any part ~hereof, that the
Redeveloper and such successors and assigns shall in perpetuity:
A. Devote the Property to, and only to and in
accordance with, ~he uses specified in the Redevelopment Plan,
and specifically for use by the Redeveloper for the instruction,
enjoyment and betterment of youth and other residents of San
Bernardino and surrounding areas.
The terms "uses specified in
the Redevelopment Plan" and "land use" referring to provisions of
the Redevelopment Plan, or similar language in this Agreement,
shall include the Property and all buildings, and shall include
all requirements or restrictions of the Redevelopment Plan
pertaining to such Property.
B. Not discriminate upon the basis of race, sex,
marital status, color, creed, religion, physical handicap,
national origin or ancestry in the sale, lease, sublease,
rental, or transfer or in the use, occupancy, tenure, or
enjoyment of the Property or any improvements erected or to be
erected thereon, or any part thereof, nor shall the Redeveloper
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December 14, 1988
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itself or any person claiming under or through it, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number,
use or occupancy of tenants, lessees, subtenants, sublessees, or
vendees of the Property, or any part thereof.
17. Agency Rights 'to Enforce. In amplification, and not in
restriction of the provisions of the preceding Sections 15 and
16, it is intended and agreed that the Agency and is successors
and assigns shall be deemed to be beneficiaries of the
agreements and covenants provided in Sections 15 and 16 hereof,
both for and in their or its own right, and also for the purposes
of protecting the interests of the community and other parties,
public or private, in whose favor or for whose benefit such
agreements and covenants have been provided. Such agreements and
covenants shall run in favor of the Agency, for the entire period
during which such agreements and covenants shall be in force and
effect, without regard to whether the Agency has at any time
been, remains, or becomes an owner of any land or interest
therein to, or in favor of which, such agreements and covenants
relate.
The Agency shall have the right, in the event of any
breach of any such agreement or covenant, to exercise all of the
rights and remedies, and to maintain any actions or suits at law
or in equity or other proper proceedings to enforce the curing of
such breach of agreement or covenant, to which it or any other
beneficiaries of such agreement or covenant may be entitled. Any
leases made by the Redeveloper concerning all or any portion of
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December 14, 1988
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the Property shall include all applicable restrictions, covenants
and conditions set forth in Sections 15 and 16 of this Agreement.
The Redeveloper and the Agency agree to cooperate in enforcing
such restrictions, covenants and conditions.
18. Equal Employment Opportun~ty.
The Redeveloper, for
itself and its successors and assigns, agrees that:
A. The Redeveloper shall not discriminate against any
employee or applicant for employment because of race, sex,
marital status, color, creed, religion, physical handicap,
national origin or ancestry.
The Redeveloper shall take
reasonable action to ensure that applicants are employed and that
employees are treated, during employment, without regard to their
race, sex, marital status, color, creed, religion, physical
handicap, national origin or ancestry. Such action shall
include, but not be limited to the fOllowing: employment,
upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of payor other forms
of compensation, and selection for training, including
apprenticeship. The Redeveloper agrees to post in a conspicuous
places, available to employees and applicants for employment,
notices to be provided by the Agency setting forth the provisions
of the nondiscrimination clause.
B. The Redeveloper shall, in all solicitations or
advertisements for employees placed by or on behalf of the
Redeveloper, state that all qualified applicants will receive
consideration for employment without regard to race, sex,
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December 14, 1988
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_~._, _~ '_A__' ..... ............._ _____ ..
marital status, color, creed, religion, physical handicap,
national origin or ancestry.
c. The Redeveloper shall comply with all applicable
local, state and federal laws and regulations relating to equal
employment opportunity.
D. In the event of the Redeveloper's noncompliance
with the nondiscrimination clause of this Section 18, or with any
of the aforementioned laws, rules or regulations, the Agency
shall have the right to compel full compliance of this Agreement
through an action for specific performance.
E. The Redeveloper shall include the provisions of
subdivisions (a) through (c) of this Section 18 in every
contract, and shali require the inclusion of these provisions in
every subcontract entered into by any of its contractors, unless
exempted by applicable laws, rules or regulations, and such
provisions shall be binding upon each such contractor,
subcontractor, or vendor, as the case may be.
19. Default Prior to Conveyance. In the event that, prior
to conveyance of the Property to the Redeveloper and in
violation of this Agreement, (i) the Redeveloper (or any
successor-in-interest) assigns or attempts to assign this
Agreement or any rights therein or in the Property, or (ii) the
Redeveloper fails to deposit into the Escrow a properly executed
Note and Deed of Trust, in satisfactory form and in the manner
and by the date respectively provided in this Agreement therefor,
or (iii) the Redeveloper fails to take title to the Property upon
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December 14, 1988
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.....,_.,
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~ender of conveyance by ~he Agency pursuant ~o ~his Agreement,
~hen ~his Agreement and any and all rights of ~he Redeveloper or
of any assignee or ~ransferee ~hereof in ~his Agreement with
respect ~o the Property shall, at the option of the Agency and
upon written notice given by the Agency to the Redeveloper, be
terminated. Upon such ~ermination, neither the Redeveloper (nor
any of its assignees or transferees), nor the Agency shall have
any further rights against or liability to the other party under
this Agreement.
20. Lien on Property. In the event that the Agency enters
the Property for the purpose set forth in Section 15(B), the
Agency shall have the right to recover from the Redeveloper, in
addition to all costs and other sums expended in connection
therewith, interest on such costs and sums calculated at the rate
of ten percent (10%) per annum. All costs and expenses incurred
by the Agency in curing the default by the Developer and any
interest thereon shall be assessed against the Redeveloper and
shall constitute a lien against the Property until paid effective
upon the recording of a notice thereof in the Office of the
County Recorder for the County of San Bernardino; provided,
however, that any such lien shall be subordinate to any bona fide
mortgage or deed of trust encumbering any portion of the
Property, and any purchaser at any foreclosure or trustee's sale
(as well as any grantee by deed in lieu of foreclosure or
trustee's sale) under any such mortgage or deed of trust shall
take title free from any such lien, but otherwise subject to all
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December 14, 1988
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of ~he provisions of ~his Agreement, which shall run with the
1 and.
21. Agency Bmployees, Members.
No member ,official, or
employee of the Agency shall have any financial ~nterest, direct
or indirect, in this Agreement or in the Property, nor shall any
such member, official, or employee participate in any decision
relating to this Agreement or to the Property, which affects his
financial interests or the interests of any corporation,
partnership, or association in which he is, directly or
indirectly interested. No member, official, or employee of the
Agency shall be personally liable to the Redeveloper or any
successor-in-interest in the event of any default or breach by
the Agency or for any amount which may become due to the
Redeveloper or successor or on any obligations under the terms of
this Agreement.
22. Attorneys' Pees.
The Redeveloper agrees that if any
action is brought by the Agency against the Redeveloper for
breach of any of the covenants or conditions of this Agreement,
the Redeveloper shall pay to the Agency reasonable attorneys'
fees and court costs incurred by the Agency as a result thereof.
23. Option ~o Purchase. Should the Redeveloper convey the
property, which is the subject of this Agreement, or enter into
escrow to convey said property at any time in perpetuity to any
Grantee other than a non-for-profit charitable organization,
which is committed and legally required to use the property as
required by paragraph 16.A. of this Agreement, the Agency, its
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December 14, 1988
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assigns and successors-in-interest shall have ~he option to
repurchase said property for Twenty-Six Thousand Seventy-One
Dollars ($26,071) plus the fair market value at ~he ~ime of the
repurchase of all improvements built on the premises by
Redeveloper in compliance with the codes and regulations of the
City of San Bernardino less any Community Development Block Grant
funds received from the City of San Bernardino and not repaid.
24. At any time in perpetuity, Redeveloper, its successors
or assigns may encumber said property by means of a mortgage or
deed of trust only with the prior written approval of Agency,
which approval may be given, withheld, or given conditionally in
the sole, unfettered discretion of Agency.
25. Notice. Any notice ~o be given by either party to the
other shall be given by certified mail, return receipt
requested, postage prepaid, addressed as follows:
To Agency:
Executive Director
Redevelopment Agency of the City
of San Bernardino
300 North -D- Street
San Bernardino, California 92418
To Redevel.oper:
Executive Director
Young Women's Christian Association
566 North Lugo Avenue
San Bernardino, California 92410
26. Merger.
None of the provisions of this Agreement is
intended to or shall be merged by reason of any deed(s)
transferring title to the Property from the Agency to the
Redeveloper or any successor-in-interest, and any such deed(s)
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December 14, 1988
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shall not be deemed ~o affect or impair ~he proVisions and
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covenants of ~his Agreement.
27 · '1'eralnatiOll of Lease. Any lease heretofore executed,
or claimed to exist, between the parties relating ~o use and
occupancy of the Property cOnveyed herein is terminated
effective upon the recordation of the Deed conveying ~he Property
to the Redeveloper hereunder.
28. '1'ime is of ~he Very: Essence'. '1'he Agency shall have
every right to exercise its options upon any breach of time
constraints whatever. All parties recognize that time is of ~he
very essence of this Agreement.
29. Assigns and SuccessorS-in-:rn"terest. All provisions,
its assigns and successors-in-interest and Redeveloper and its
rights and privileges of this Agreement shall apply to Agency,
assigns and successors-in-interest.
30. Redeveloper shall not assign, transfer or null this
Agreement without the written permission of Agency, its assigns
or successors-in-interest. Said permission shall be granted or
denied at the fUll discretion of Agency, its assigns and
successors-in-interest.
III
III
III
III
III
III
DAB:cez
December 14, 1988
18
1
i
31. Ezecu't.ion.
This Agreement may be executed in
counterparts, each of which shall be deemed to be an original,
instrument.
and such counterparts shall constitute one and the same
EXECUTED at
19th day of
December
AGENCY:
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
Approved as 'to form
and 1.ega1. content:
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
San Bernardino
, California this
, 1988.
REDEVELOPER:
YOUNG WOMEN'S CHRISTIAN
ASSOCIATION OF GREATER
SAN BERNARDINO, INC.
(JtJNI"IG (f) KeLLEj- I/C I pie-if-
Byr1e~-~
By~~~
~
}s.
--\- ~.
On this 20th day of DECEMBER , in the year 19 88.
before me, the undersigned. a Notary Public in and for said State. personally appeared
MARY ANN JUMP treas. and CONNIE
OKELLEYTRIPLETT
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person!!. whose nami_
ARE subscribed to the within instrument, and acknowledged to me that.-!he y
executed it.
~ OFFICIAL SEAL
l.: t_\ MERIDITH C CAt.1ERON
:'f;.;~~ NOTARV PUBLIC-CALIFORNIA
* SAN BERNARDINO COUNT
MY COMM. EXP. APR. 26,1991
WITN ESS my hand and official seal.
ACKNOWLEDGMENT -Gt",ral-WoIcotts Form 233CA-Rtv. 5-82
@1982 WOLCOTTS. INC (ptlUClass 1-2)
EXHIBIT -A-
LEGAL DESCRIPTION
LOTS 19, 20, 21, 22, 23 AND 24, TRACT NO.
2030, FIFTH STREET PLACE SUBDIVISION, AS PER
PLAT THEREOF RECORDED IN BOOK 29 OF MAPS
PAGE 49, RECORDS OF SAN BERNARDINO COUNTY,
STATE OF CALIFORNIA.
DAB:cez
December 14, 1988
20
SECURED PROMISSORY NOTE
$ 21.071.00
Dec. 20 , 1988
San Bernardino, California
A. For value received, the undersigned, Young Women's
Christian Association of Greater San Bernardino, Inc., (the
"Maker"), unconditionally promises to pay to the order of the
Redevelopment Agency of the City of San Bernardino, a public
body, corporate and politic (the "Payee" or "Agency"), the
principal sum of
Twentv-One Thousand & SeventY-One Dollars & no cents
($21.071.00)
together with interest thereon calculated at the rate of seven
percent (7%) per annum.
B. This Note has been issued, executed and delivered in
connection with the financing of a redevelopment project
including, but not limited to, the acquisition of certain real
property, as provided in that certain Disposition and
Development Agreement by and between the Maker and the Payee
dated December 19. 1988 , (the "Agreement"). Such project is
located on the real property described in Exhibit "A" attached to
that certain Deed of Trust and Assignment of Rents (the
"Mortgage"), dated as of the date hereof, and made from the
owners of said property to First American Title Insurance
Company, as Trustee, for the Agency's benefit, and the Agency is
entitled to the benefit and security of the Mortgage. Reference
is made to the Mortgage for provisions relating to conditions of
default under this Note and the acceleration of the indebtedness
evidenced by the occurrence of certain events stated therein and
for all other relevant purposes.
C. The Agency has provided such financing in accordance
with the Agreement. All capitalized terms used herein and not
otherwise defined herein shall have the meanings set forth in the
Agreement. Pursuant to the Agreement, the Agency has agreed to
assist the undersigned in the acquisition and development of the
project (as more fully described in the Agreement) subject to the
conditions precedent thereof, and the undersigned have agreed to
repay the principal amount of this Note, together with interest
thereon, in accordance with and under the terms provided in the
Agreement and as hereinafter set forth.
D. Other than as a result of any default by the Maker
under this Note or the Agreement, this Note shall be due and
payable in installments in the amounts and on the dates set
forth in the Loan Amortization Schedule set forth in Exhibit "A"
DAB:cez
December 14, 1988
21
EXHIBIT "B"
a~~ached hereto and incorpora~ed herein by reference.
No~wi~hs~anding any provision herein to the con~rary or in
Exhibi~ "A", ~he firs~ ins~allmen~ paymen~ shall be due and
payable by ~he Maker to the Payee on January 29, 1989 or upon ~he
close of Escrow, as se~ forth in the Agreement, whichever date
occurs la~er. This No~e may be paid in whole or in part at any
time prior to the maturity date hereof a~ the option of the
undersigned and without any penalty or premium whatsoever;
provided, however, that any such payment or payments in part
shall not postpone or delay the remaining payments due and
payable.
E. All payments pursuant to this Note shall be made in
lawful money of the United states of America, payable at the
office of the Redevelopment Agency of the City of San
Bernardino, 300 North "D" Street, San Bernardino, California
92418, or such other place as the hOlder of this Note may from
time to time designate to the Maker hereof in writing. If the
prescribed date of payment is a Saturday, Sunday or legal holiday
at the location of the office of the Payee, such payment shall
then be due and payable on the next succeeding business day.
F. If (i) there is a default by the Maker under the terms
of this Note, or under the Deed of Trust securing this Note and
(ii) the hOlder of this Note refers it to an attorney for
collection or seeks legal advice for default under this Note or
under the Deed of Trust securing this Note or any judicial or
non-judicial action is instituted by the Holder hereof, and an
attorney is employed by the holder hereof to appear in any such
action or proceeding or to reclaim, sequester, protect, preserve
or enforce the holder's security for this Note, including but not
limited to, proceedings to foreclose the loan evidenced hereby,
proceedings under the Federal Bankruptcy Code, or for the
appointment of a receiver, the undersigned promises to pay
reasonable attorneys' fees for services performed by the
holder's attorneys and all costs and expenses incurred incident
to such employment.
G. Upon any event of default hereunder or under the
Agreement, or in the event the principal and/or interest is not
timely paid to the holder, the principal and interest then due
and payable but which are delinquent and have not so been paid by
the undersigned shall bear interest from the date such payment
was due on ~he ~otal payment amount ~hen due and owing until paid
at the rate of fifteen percent (15%) compounded per annum;
provided, however, that such interest rate shall never exceed
that amount which Maker is permitted by law to be charged. The
failure to exercise, in case of one or more events of default,
any right or remedy given in this paragraph shall not preclude
the hOlder of this Note from exercising any right or remedy given
in this paragraph in case of one or more subsequent events of
default.
DAB:cez
December 14, 1988
22
H. The Maker and ~he Payee believe ~ha~ any amounts
payable hereunder will not exceed ~he maximum amount permissible
under applicable law, as a resu1~ of ~he -time-price"
differential doctrine in California. The parties agree ~hat the
agreements between ~he Maker and ~he Payee are expressly limited
so ~hat in no contingency or event whatsoever (whether by reason
of acceleration or otherwise), shall the amount paid, or agreed
to be paid to the Payee, exceed the maximum amount permissible
under applicable usury laws. If, from any circumstance
whatsoever, fulfillment of any provision hereof shall involve
transcending the limit of validity prescribed by law which a
court of competent jurisdiction may deem applicable hereto, then
ipso facto, the obligation to be fulfilled shall be reduced to
the limit of such validity. If, from any circumstances, the
Payee shall ever receive as interest hereunder an account which
would exceed the highest lawful rate, such amount which would be
excessive interest shall be applied to reduction of the unpaid
principal balance due hereunder and not payment of interest.
I. The obligation of the undersigned to make or provide
for the payment required hereunder shall be absolute and
unconditional and the undersigned shall make or provide for such
payment without abatement, diminution, or deduction regardless of
any cause or circumstances whatsoever including, without
limitation, any defense, set-off, recoupment or counterclaim
which the undersigned may have or assert against the Agency or
any other person.
J. The Maker, to the extent permitted by law, waives
demand, presentment for payment, notice of dishonor, protest and
notice of protest, with respect to any and all lack of diligence
or delays in the collection of enforcement hereof, and consents
that the time of payment may be extended or this Note may be
renewed without notice, and without releasing the undersigned or
any subsequent surety, guarantor or endorser.
K. All covenants and agreements herein shall be deemed
material, and shall bind the Maker's successors and assigns,
whether so expressed or not, and all such covenants and
agreements shall inure to the benefit of the Payee hereof and
its nominees, successors and assigns, whether so expressed or
not.
L. This Note has been issued, executed and delivered in
the state of California and shall be governed by and construed in
accordance with the laws of the State of California.
III
III
III
DAB:cez
December 14, 1988
23
IN WITNESS MBEREOF, ~he undersigned have caused ~h1s Note to
be executed as of this 20th day of December , 1988.
MAKER:
Young Women's Chris~ian
Association of Greater
San Bernardino, Inc.
By L&~r~Lff
(].,NA/d; cnKEJ..L~/_ 7/Zf Pb efT
?,.e.s- /pe/VT
Ih~ WrY ~o YY>p .
Q~A - R~'
'-/ ~ r')~"<:~(5-}~::':7
.,!i! ~;-:/~..",-/_,
. .~. ;~i,::i"7~;; I
'.~ ~.s'-
'b er,.t. ~::tt
.' !'1 :;':.:::;
p, .~ ;g~. (::-,' ,0
"b .4 c:-..... ..,
.::Q ~ ~'-:;: /!l
~\-) ~
'\) ",", r').:- .
0) "'0 '-p
:.. '5 ~ I~ j(( d'
~ [)!fl;{ ~ "
J
STATE OF CALIFORNIA
SAN BERNARDINO -
COUNTY OF
}s.
. OFFICIAL SEAL
.:~;.,. . \ MERIDITH C CAMERON
w ~ ~ : ; NOTARY PUBLIC-CALIFORNIA
~~SAN BERNARDINO COUNT
MY COMM. EXP. APR. 26,1991
On this 20th day of DECEMBER . in the year 19 88 .
before me. the undersigned. a Notary Public in and for said State, personally appeared
MARY ANN JUMP treas. and CONNIE
OKELLEYTRIPLETT, pres.
. personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person.!! whose name.J?
are subscribed to the within instrument. and acknowledged to me that 1..h~
executed it.
II
j
I
f ACKNOWLEDGMENT -Gentf'af-WOIcons Form 233CA-Aev. 5-82
Ii @1982 WOLCOTTS. INC. (pro NSS ',2)
WITNESS my hand and official se~
1~-,~
Notary Public in and for said State.
"
REFERRING TO THIS DEED, THEN SUCH DEED AND CONVEYANCE SHALL BE
NULL AND VOID, AND ALL INTEREST HEREBY CONVEYED SHALL FORTHWITH
AND WITHOUT FURTHER NOTICE TO THE GRANTEE, ITS SUCCESSORS OR
ASSIGNS BECOME FORFEITED AND SHALL REVERT TO THE GRANTOR, ITS
SUCCESSORS, OR ASSIGNS; PROVIDED THAT ANY REVESTING OR TITLE AS A
RESULT OF THESE CONDITIONS SUBSEQUENT SHALL ALWAYS BE SUBJECT TO
AND LIMITED BY, AND SHALL NOT DEFEAT, RENDER INVALID, OR LIMIT IN
ANY WAY (I) THE LIEN OF ANY MORTGAGE AUTHORIZED BY PARAGRAPH 5 OF
THIS DEED, AND (II) ANY RIGHTS OR INTEREST PROVIDED IN THIS DEED
FOR THE PROTECTION OF THE HOLDERS OF SUCH MORTGAGES.
IN WITNESS WHEREOF, the Grantor and Grantee have executed
this deed by their respective officers thereunto duly qualified
this 20th day of
December
, 1988.
_' ..- \ -.'.t' .,,:.:-, ~ ._
. ~''::; ',>
GRANTOR:
GRANTEE:
,; . .
/" "
COMMUNITY DEVELOPMENT
COMMISSION OF THE
rTTV OF SAN BERNARDINO
YOUNG WOMEN'S CHRISTIAN
ASSOCIATION OF GREATER
SAN BERNARDINO, INC.
..l-
~
~
~ '.) ;..> ,- ~. (.
'.=
.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
}S.
. 20th DECEMBER
On thiS day of , in the year 19 88,
before me, the undersigned. a Notary Public in and for said State. personally appeared
MARY ANN JUMP treas. and CONNIE
OKELLEYTRIPLETT
. OFflCIA'SEAl
.' .\ MERIDITH C CAMERON
.,,11:.... r;= ,'NOTARY PUBLIC-CALIFORNIA
, . y SAN BERNARDINO COUNT'
..,.:;-......
MY COMM. EXP. APR. 26,1991
. personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose nam!_
ARE subscribed to the within instrument, and acknowledged to me that.-!he Y
executed it.
ACKNOWLEDGMENT -Generil-WoIcons Form 233CA-RIY. 5.82
@1982WOLCOTTS. INC. (1ItICtClUsl'2)
WITNESS my hand and official se~_
Notary Public in and tor said State.
. . . . '. . . .
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lllECORDINO RIEQUIESTlED .V
"develo~Dt AleDcy
AND WHat _-=aDD ......L TO
r-"devel~Dt AleDcy of -,
..... City of San Bernardino
=- 300 .ortb "DIt Street, 4tb Floor
~I SaD BerDardiDO, CA 92418
L -1
S~ACIE UOVE THIS UNIE FOR RIECORDER'S USE
SHOIT FORM DEED OF TlUST AND ASSIGNMENT OF aNTS
..... OeM .. 1'nIII, made tbia
19tb
day of December
. between
..Li....~
Young WOllen'. Chrhtian AnociatioD of Greater SaD Bernardino,Inc. . herein caned 'Iiwaor,
whole addnu is 567 North Sierra Way San Bernardino CaUfornia 92410,
(Dumber and Itteet) (city) (zone) (.tate)
FIRST AMERICAN 1TJ1.E INSVltANCE OOMPANY, a California corporatioa, herein caUed ~..-
_ . J . . ... _ ..
The Ileaev~e~ Agency of the City of San Bernardino, CaUf. ,herein caned BeDelidary,
W.....da: That Trustor IrreftK8ly ....... ....,.. ... ...... to 1iIIIaee .. 'Iiwt, wIda power 01 "e, that
property in the City of San BerDardiDo, SaD BerDardiDo County, California, described as:
LOTS 19, 20, 21, 22, 23 and 24, Tract 10. 2030, FIFTH STilET
PLACE SUBDIVISION, AS PEa PLAT THEREOF IECOllDED IN BOOlt 29 OF
NAPS PAGE 49, UeOllDS OF SAN BERNAllDINO COUNTY, STATE OF CALIFORNIA..
TOGETHER WJ1H the renta and profits thereof, SUBJECT, HOWEVER, to the riaht, power and authority ,iven
to and conferred upon Beneficiary to collect and apply IUch rents, issues and profits. For the Purpose 01 Secur-
...: I. Performance of each aareement of Trustor incorporated by reference or contained herein. 2. Payment of
& ll~ cents
the IUDl ofl'wenty-One Thousand & Seventy-One Dollan (~. ],.071 on ) with interest thereon and
of the moneys, with interest thereon, that may be paid or advanced by or may otherwise be owing to the Trustee
or the Beneficiary under this instrument, and also .uch additional moneys as may be hereafter borrowed by the
Trustor, or any of them, from the Beneficiary, and also the payment of all other moneys and indebtedness now
owin" or to become owina. from the Trustor, or any of them, to the Beneficiary, according to the terms of a
promissory note, payable to Beneficiary or order and made by Trustor.
To Protect die Sec..uy 01 ... Deed 01 ........, Tnasaor Apees: By executing and delivering this Deed of Trust,
and the NOte accured hereby, the parties aaree that all provisions of that portion of the Fictitious Deed of Trust
hereinafter referred to commencin, with para,raph 1 and ending with parasraph 37 thereof are hereby incorporated
herein and made an intearal part hereof for all purposes the lame as if set forth herein at length. The Fictitious
Deed of Trust above referred to was recorded on Much 6th, 1973, in the Official Records in the Office of the
County Recorder of San Bernardino County, California in Book 8133, Pase 447 of Official Recorda.
The UndeniJDed Trustor requests that a copy of any notice of default and of any notice of lale hereunder he
maned to him at the address hereinabove set forth.
}~.
Sl6utwe 01 r,lUIor
STATE OF CAUFORNIA.
COUNlY OF
On he'ore me, the UDder.
aipcd, a Notary Public ill aad for Aid State, pcnoaally appeared
to be the perIOD.- wbole Dam"
inatrumenl aad acknowlcclJed tbJot
WITNESS my baDd aad ofticial leal.
bowatome
",blenDed to the within
....l'QIted the laDle.
SipalUP'
Name (Typed or Printed)
ntle Order No.
Eac:row or Lom No.
(nJI_ .. oIIdIIlICII8Ital....)
EXHIBIT "c"
-.~
.,.,q;if::'~i:t';ii,;i:.;d :
",~ijllltl j t,ilijliJ"W~~~\Uft~~
..'......-..; .\
.~ j', H"!; ;(:~: r ;'rtr~:~!~r rtH ,'fl- i:', ~:
,. : ~ ;
, .'
DO NOT RECORD
'!'lIe Ie......... .. & eeIW ., ........... (1) .. (17), l8elutYe, ., Ute 1IetWoaa... ., ..... reeGI'ded ba Baa JSeruiodIDo
OoaaQ In CalIf.... .. _MId ba tIae '........ Deed ., 'I'Iu& &lid baeerponW b~ nlereaoe III ... Deed ., Tna ..
....... JIUi ......., .. If .. '.-tit at Ieadb tIaenba.
I. PriviJqe is relen'ed to pay the whole or any part of the iDdebtedness IeCU1"ed hereby prior to maturity, without penalty.
Ally IUCb paymc:at IhaU be applied on the Jut day of the month in which it is received to the reduction of the principal indebtedDess
in the iDvene order of installment maturity.
%. TbiI Deed of Trust . a part of a tI'UIIaetioo, the consideration for the catire traDsac:tioII ~r
DoUan ($
wIUdl is evidcaced in part by a Deed of Trust Note of nen date bemrith ill the IUJD of
IloUan ($
made by TI'UItor IDd IeCUI'ed by this Deed of Trust.
The TI'UItor will P..J"O!Dptly ,.y the principaJ of and iDterest on the iDdebtedness evidenced by the Note. IDd all other cbarjes
aDd iDdebtedness proYlded therem and ill this Deed of Trust, at the times and in the manner provided in the Note and in this Deed
of Trust. TbiI Deed of Trust and the Note were executed and deJivered to IeCUre moaeys advaDced in full to the Trustor by the
BeDeficiary for the purpoee of makina the improvements described or referred to in tbo-
9t~ 19
to or OIl the conveyed property, and for IUCh other purpose, if any, dacribed or referred to therein whic:b improvements are hereinafter
collectiveJy called "Improvements". The Trustor Illall make or cause to be made alJ the Improvements. If the construction or
inJtalJation of the Improvements IhaIJ not be carried out with reasonable diligence, or mall be discontinued at any time for any
reason, other than strikes, Jock-outs, acts of God, fires, floods or other similar catutrophies, riots, war or insurrection, the Beneficiary
after due notice to the Trustor is hereby authorized (a) to enter upon the conveyed property and empJoy any watchmen to protect the
Improvements from depredation or injury and to preserve and protect IUch property, (b) to carry out any or all then exiatin, contracts
between the Trustor and other parties for the purpose of makin, any of the Improvements, (c) to make and enter into additional
contracts and incur obliptions for the purposes of completinr the Improvements pursuant to the obliptions of the Trustor hereunder,
in the name of the Trustor, and (d) to pay and diacbarle aJ debts, obligations and liabilities incurred by reason of any action taken
by the Bebefic:iary u provided in this Paraaraph, an of which amounts so paid by the Beneficiary, with interest thereon from the date
of each suc:b payment. at the rate of three percent (3 %) per annum, IhaII be payable by the Trustor to the Beneficiary OIl demand
aDd IhaII be secured by this Deed of Trust.
TO PROTECT THE SECURrI'Y OF nos DEED OF TRUST, TRUSTOR AGREfS:
3. No buildiD8 or other ItnJc:ture -or improvement, fixture or personal property conveyed bereby mall be removed or demolished
without the prior written consent of the Beneficiary. The Trustor will not make, permit or IUffer any alteration of or addition to ~
buildin, or other ItTUcture or improvement now or which may hereafter be erected or installed upon the conveyed property, or any
part thereof, except the improvements required to be made pursuant to Paraaraph 3 hereof, nor will the Trustor use, or permit or suffer
the use of. aby of the conveyed property for any purpose other than the pu~ or purposes for which the same is now intended to be
UIed, without the prior written consent of the Beneficiary. The Trustor w1l1 maintain the conveyed property ill Jood condition and
llate of repair and will not lUfrer or permit any waste to any part thereof, and will promptly comply with all the requirements of FederaJ,
Itate and JocaI aovemments, or of any departments, divlSJOIls or bureaus thereof, pertain in, to such property or any part thereof.
4. The Trustor will not voluntarily create, or permit or IUffer to be created or to exist, on or apinst the conveyed property, or
any part thereof, any lien superior to the lien of this Deed of Trust, exclusive of the lien or liens, if any, to wbich this Deed of
Trust is expressly IUbject, u let forth in the arantina clause above, and will keep and maintain the same free from claims of all
parties supplyina labor or materials which will enter into the construction or instaJlation of the Improvements.
S. The Improvements referred to in provision 2 above and all plans and specifications therefore Iban comply with all applicable
munici~1 ordinances. reauJations, and rules made or promulpted by lawful authority, and upon their completion shall comply
thereWith and with the rules of the Board of Fire Underwriten bavina jurisdiction.
6. To complete or restore promptly and in aood and workmanlike manner any buildin, or improvement which may be
CODItTUCted, dam.,ed, or destroyed theTCPD, and pay wben due all costs incurred therefor.
The Trustee, upon presentation to it of any aftjdavit sianed by Beneficiary, lettina forth facts Ihowin,a default by Trustor under
the above paraarapbs, is authorized to-accept u true and conclusive an facts and statements therein, and to act thereon bereunder.
7. To comply with all laws, ordinances, reaulations, covenants, conditions, and restrictions affectinllaid property.
I. To cultivate, irripte, fertiliz.e, tumif!te, prune, and do all other acts which from the character and use of laid property may
be reaonably proper or necessary, the IpeCdic enumerations herein not excluding the aenera).
9. (a) The Trustor will keep all buildings, other structures and improvements, includin, equipment. now existin, or which may
hereafter be erected or iDstalled on the land conveyed hereby, insured apinst loss by fire and other hazards, casuaJties and continaencies,
ill such amounts and manner, and for such periods, all as may be required from time to time by the Beneficiary. Unless otherwise
required by the Beneficiary, aJlsuch insurance shall be effected by Standard Fire and Extended Coverage Insurance policies, in amounts
not less than necessary to comply with the coinsurance clause percenta~ of the value applicable to the location and character of the
property to be covered. All IUch insurance shaJl be carried in companies approved by the Beneficiary and an policies therefor shan
be ill lOch form and shall bave attached thereto loss payable clauses in favor of the Beneficiary and any other parties as shall be
atisfactory to the Beneficiary. All such policies and attachments thereto shall, be delivered promptly to the Beneficiary, unless they
are required to be delivered to the holder of a lien of a Deed of Trust or similar instrument to which this Deed of Trust is expressJy
IUbject, ill which latter event certificates thereof, satisfactory to the Beneficiary, shaH be delivered promptly to the Beneficiary. The
Trustor win pay promptly when due, u hereinafter provided, any and all premiums on such insurance, and in every case ill which
payment thereof is not made from the deposits therefore required by this Deed of Trust, promptly submit to the Beneficiary for exam-
mation receipts or other evidence of lOch payment as shall be satisfactory to the Beneficiary. The Beneficiary may obtain and pay
the premium OIl (but sball be under no obligation to.do 10) every kind of insurance required hereby if the amount of such premium bas
not been deposited u required by this Deed of Trust, in which event the Trustor will pay to the Beneficiary every premium 10 paid
by the Beneficiary.
(b) In the event of loa or damage to the conveyed property, the Trustor will Jive to the Beneficiary immediate notice thereof
by maiJ, and the Beneficiary may make and file proof of loss if not made otherwise promptly by or on behalf of the Trustor. Each
insurance company issuina any IUch policy is hereby authorized and directed to make payment thereunder for such loss to the
Trustor and the ~e~ary jointly, unl.ess the amount. of loss is payable fint to the holder of a lien unde! a ~ of Trust or ai~ar
iIIstrument to which thiS Deed of Trust IS expressly subject; and the msurance proceeds or any part thereof.lf receiVed by the Beneficiary
may be applied by the Beneficiary, at its option, either in reduction of the indebtedness bereby secured, or to the restoration or
repair of the conveyed property damage. ,In the event of exercise of power of sale under this Deed of Trust, or of any transfer of title
to the conveyed property in extinauishment of such indebtedness, all ri,ht, title and interest of the Trustor in and to every such
insurance policy then ill force, IUbject to the ri,hts and interests of the holder of any such prior lien. mall pass to the Jrantee acquiring
title to the conveyed property toaether with such policy and appropriate assianment of such ript, title and interest which shaJl be made
by the Trustor.
10. (a) In order more fully to protect the security of this Deed of Trust, the Trustor shall deposit with the Beneficial}' together
with, and ill addition to, the payment of principal and Interest monthly on account of the Note secured hereby, unti) the Note is paid
ill fuJI, an amount of money equal to the total amount of (i) around rents, if any, next becomin, due, (il) the premiums next becomin,
due on the policies of fire and all other hazard insurance required by this Deed of Trust with respect to the conveyed property,
(iii) taxes, assessments, water rates and other lovernmental charges next becomin, due on the conveyed property (all the foregoing
amounts u estimated by the Beneficiary and set forth in a written notice of such estimate by the Beneficiary to the Trustor from time
to time), less aJl amounts that may aJready have been paid therefor, divided by the number of calendar months to elapse before one
calendar month prior to the date when such around rents, premiums, taxes, assessments, water rates and other governmental charges,
respectively will become due and payable. If any amount referred to in clauses (i) throu,h (iii) hereof is required to be deposited
by the Trustor under a Deed of Trust or similar instrument having priority over the lien of this Deed of Trust, the Trustor shall make
the deposits ~uired by this ParaJraph 10 only in the event of the termination of such obligation under the prior instrument. The
Trustor shaJl live prompt notice In writing to the Beneficiary of the occurrence of the last mentioned event. All such amounts so
deposited with the Beneficiary shaJl be held by the Beneficiary, or any agent designated by it, in trust to be used only for the payment
of such ITOUnd rents, premiums, taxes, assessments, water rates and other 10vernmentaJ c:baraes. No illterest shaJl be payable by
the Beneficiary on any sum 10 deposited. '
(b) All amounts ~uired to be deposited with the Beneficiary monthly in accordance with Para....ph 10(a) bereof, and the
amount of principal and mterest to be paid each month on account of the Note, shall be .dded together, and the aagreJllte amount
thereof lllaJl be paid by the Trustor to the Beneficiary in a sinale payment to be applied by the Beneficiary on account of the indebted-
ness of the Trustor punuant to the Note and this Deed of Trust (to the extent that monies are available from the amount 10 deposited).
ill the order, any provision of the Note to the contrary notwithstanding, as follows:
Int, to the amount of such around rents, if any, fire and other hazard insurance premiums, taxes, assessments, water rates and
other aovemmental cbaraes required to be paid under the provisions of this Deed of Trust, in whatever lequence the
Beneficiary may exclusively determine;
~ to interest due on the Note;
.... to the principal due on the Note; and
foarda, the remainder to the late chal'JCs, if any, referred to in the Note.
Ally deficiency ill the amount of any such aagrepte monthly payment shaJl, unless paid by the Trustor prior to the due date of the
next deposit payable, constitute an event of default under this Deed of Trust.
(c) Any excess funds that may be accumulated by reason of the deposits required under Para....ph 10(a) bcreof, remaining
after payment of the amounts described in clauses (i), (il) and (iii) thereof. mall be credited to IUblequent respective monthly
DO NOT RECORD
....-...
I ,.
:::,1:1; ':!,::!j;:;:;:(,.,,::,i;;
t1\lulllhIHiHtlIJ~~iiJt~j~j
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f
amouDts of the same DalUre required to be paid thereunder. If any such amount ,han exceed the estimate therefor, the Trustor ahall
forthwith pay to the Beneficiary the amount of such deficiency upon written notice by the Beneficiary of the amount thereof. Failure
to do 10 before the due date of such amount shall be an event of default under this Deed of Trust. If the conveyed property is IOld
UDder Trustee's sale or is otherwise acquired by the Beneficiary, after default by the Trustor, any remaining balance of the ac:c:umula-
tior1s under Parqraph 10(a) hereof, shall be credited to the principal amount owing on the Note as of the date of Trustee's IIle of
the conveyed property, or as of the date the conveyed property is otherwise 10 acquired. .
I I. To 8ppQr in and defend any action or proceedin, purportin, to affect the security hereof or the ri&llts or ))Owen of
Jlenefic:iary or Trustee; and Ihould Beneficiary or Trustee elect to also appear in or defend any auc:h action or proceeding, to pay aU
COlts aud expenses, includin, COlt of evidence of title and attorney's fees in a reasonable sum incurred by Beneficiary or Trustee.
12. To pay before delioquency all assessments upon water company stoc:k, and all rentl, usessrnents and charaes for water,
appurteDant to or used in connection with aid property; to pay, when due, aU t'ncumbranc:es, char,es, and liens with interest, on
aid property or aay part thereof, which at aay time appear to be prior or superior hereto; to pay all COlts, fees, and expenses of
Ibis Trust. .
13. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obli..-
lion 10 to do and without notice to or demand upon Trustor and without releasina Trustor from any obliption hereof, may: Make or
do the lime in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee
bein, authorized to euter upon the property for such purposes; commence, appear in and defend any action or proceedina purportina
to affect the security hereof or the n&llts or powen of Beneficiary or Trustee; pay, purchase, contest, or compromise any eucumbranc:e,
c:harae or lien which in the judgment of either appean to be prior or superior hereto; and in exerc:isin. any .uch powen, incur any
liability, expend whatever amounts in its ablOlute diac:retion it may deem necessary therefor, inc:ludiDJ cost of evidence of title, employ
COUIIIeI, and pay his reasonable fees.
I". To pay immediately and without demand all sums expended hereunder by Beneficiary or Trustee, with interest from date
of expenditure at the rate of 3% per annum. and the repayment thereof shall be secured hereby.
IS. To obtain the written consent of the Beneficiary prior to makinl any capital improvement on the property covered hereby
for any ODe year if the COlt thereof is in exc:ess of the total annual payments remitted to the Beneficiary for principal and interest.
16. To furnish such information and such verified reports with respect to the conduct, operation and maintenance of the property
covered hereby as the Beneficiary or Trustee may from time to time request. The Beneficiary, by any of its a,ents or representatives,
shall have the riJllt to inspect the conveyed property from time to time at any reasonable hour of the day. Should the conveyed
property, or any part thereof, at any time require inspection, repair, care or attention of any kind or nature not provided by this Deed
of Trust as detennined by the Beneficiary in its sole discretion, the Beneficiary may, after notice to the Trustor, enter or cause entry
to be made upon, the conveyed property, and inspect, repair, protect. care for or maintain such property, as the Beneficiary may in its
IOle diac:retion deem necessary, aad may pay all amounts of money therefor, as the Beneficiary may in its IOIe diac:retion deem necessary.
rr IS MUTUALLY AGREED mAT:
17. Should the property or any part thereof be taken or damaaed by reason of any public improvement or condemnation proceed-
inp, or damaae b'l fire, or earthquake, or in any other manner, Beneficiary shall be entitled to all compensation, awards, and other
payments or relie therefor, and shall be entitled at its o{ltion to commence, appear in and prosecute in its own name, any action or
proc:eedinp, or to make any compromise or settlement, In connection with such taking or damaae. All such compensation, awards,
damaaes, ri.hts of action and proc:eeds, inc:ludina the proc:ceds of any policies of fire and other insurance affectinl said property, are
hereby assianed to Beneficiary, who may after deductm, therefrom all its expenses, indudina attorney's fees, release any moneys 10
received by it or apply the same on any indebtedness secured hereby. Trustor aarees to execute such further assianments of any
compensatJOn, award, dam ales, aud rilhts of action and proceeds as Beneficiary or Trustee may require. .
18. The principal amount owinl on the Note tosether with interest thereon and all other charaes, as therein provided, and all other
amounts of money owinl by the Trustor to the Beneficiary punuant to and secured by this Deed of Trust, shall immediately become
due and payable without notice or demand upon the appointment of a receiver or liquidator, whether voluntary or involuntary, for the
Trustor or any of the propeny of the Trustor, or upon the filinl of a petition by or a..inst the Trustor under the provisions of any State
insolvency law, or under the provisions of the Bankruptcy Act of 1898, as amended, or upon the makina by the Trustor of an assilllment
for the Benefit of the Trustor's c:rediton. The Beneficiary is authorized to declare, at its option, all or any part of such indebtedness
immediately due and payable upon the happeninl of any of the followina events:
(a) Failure to pay the amount of any installment of principal and interest, or other c:haraes payable on the Note, which shall
have become due, prior to the due date of the next installment;
(b) Nonperfonnance by the Trustor of any covenant, a,reement, tenn or condition of this Deed of Trust, or of the Note
(except as otherwise provided in subdiVision (a) hereof) or of any other aareement heretofore. herewith or hereafter made
by the Trustor with the Beneficiary in connection with such indebtedness, after the Trustor has beeu Jiven due notice by
the Beneficiary of such nonperfonnance;
(c) Failure of the Trustor to perfonn any covenant, a,reement, tenn or condition in any instrument creatin, a lien upon the
conveyed property, or any part thereof, which shall have priority over the lien of this Deed of Trust;
(d) The Beneficiary's discovery of the Trustor's failure in any application of the Trustor to the Beneficiary to diac:lose any
fact deemed by the Beneficiary to be material, or of the makin, therein, or in any of the aareements entered into by the
Trustor with the Beneficiary (indudinl, but not limited to, the Note and this Deed of Trust) of any misrepresentation
by, on behalf of, or for the benefit of, the Trustor;
(e) The sale, lease or other transfer of any kind or nature of the conveyed property, or any part thereof, without the prior
written consent of the Beneficiary;
The Beneficiary's failure to exercise any of its rights hereunder shall not constitute a waiver thereof. All the events in this Para,raph
enumerated upon the happenina of any of which the Note shall become, or may be declared to be immediately due and payable. are
in this Deed of Trust called "events of default".
19. The Beneficiary may from time to time cure each default under any covenant or aareement in any instrument creatina a lien
upon the conveyed property, or any part thereof. which shall have priority over this Deed of Trust, to such extent as the Beneficiary
may exdusively detennine, and each amount paid (if any) by the Beneficiary to cure any such default shall be paid by the Trustor
to the Beneficiary; and the Beneficiary shall also become .ubropted to whatever riahts the holder of the prior lien milht have
under such instrument.
20. (a) After the happeninl of any default hereunder, the Trustor shall upon demand of the Beneficiary surrender possession of
the conveyed property to the Beneficiary, and .the Beneficiary may enter such property, and let the same and collect all the rents
therefrom which are due or to become due, and apply the same, after payment of all charges and expenses, on account of the indebted-
ness hereby secured, and all such rents and all leases existing at the time of such default are hereby assillled to the Beneficiary as
further security for the payment of the indebtedness secured hereby; and the Beneficiary may also dispossess, by the usual summary
proceedings, any tenant defaulting in the payment of any rent to the Beneficiary.
(b) In the event that the Trustor oc:cupies the conveyed property or any part thereof the Trustor a,rees to surrender possession
of .uch property to the Beneficiary immediately after any such default hereunder, and if the Trustor remains in possession after such
tlefault, such possession shall be as a tenant of the Beneficiary, and the Trustor shall pay in advance, upon demand by the Beneficiary,
as a reasonable monthly rental for the premises oc:cupied by the Trustor. an amount at least equivalent to one-twelfth of the awepte
of the twelve monthly installments payable in the current calendar year, plus the actual amount of the annual around rent, if any,
talles, assessments, water rates, other governmental charaes, and insurance premiums payable in connection with the conveyed property
durina such year, and upon the failure of the Trustor to pay such monthly rental, the Trustor may also be dispossessed by the usual
summary proceedings applicable to tenants. This covenant shall become effective immediately upon the happening of any such default,
.. detennined in the sole discretion of the Beneficial)', who shall give notice of such determination to the Trustor.
21. As additional security, Trustor hereby assillls to Beneficiary during the continuance of these trusts, all rents, issues, royalties,
aad profits of the propeny affected by this Deed and of any personal property located thereon. Until Trustor shall default in the
payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Tf'Jstor shall have the right to
collect all such rents, issues, royalties and profits earned prior to default as they become due and payable, save and excepting rents,
issues, royalties, and profits arisina and accruing by reason of any oil, gas. or mineral lease of said property. If Trustor shall default
as aforesaid, Trustor's right to collect any such moneys shall cease and Beneficiary shall have the right, with or without taking
possession of the propeny affected hereby, to collect all rents, royalties. issues and profits. Failure or discontinuance of Beneficiary
at any time, or from time to time to collect any such moneys shall not in any manner affect the subsequent enforcement by Beneficiary
of the rilht, power, and authority to collect the same. Nothina contained herein, nor the exercise of the right of Beneficiary to collect,
shall be, or be construed to be, an affinnation by Beneficiary of any tenancy, lease or option, nor an assumption of liability under,
nor a subordination of the lien or charge of this Deed to any such tenancy, lease or option.
22. At any time or from time to time, without liability therefor and without notice, upon written request to Beneficiary and presen-
tation of this Deed and said note for endorsement and without affecting the penonalliability of any penon for payment of the indebted-
ness secured hereby. Trustee may: Reconvey all or part of said propeny; consent to the makina of any map or plat therefor; join in
lrantinl any easement thereon; or join in any extension aareement or any agreement subordinating the lien or charae hereof.
23. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed
and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the
property then held hereunder. The recitals in any reconveyance executed under this Deed of Trust of any matten or facts shall be
conclusive proof of the truthfulness thereof. The arantee in such reconveyance may be described as "the penon or penons leaally
entitled thereto."
2... The enterina upon and taking possession of said property, the collection of such rents, issues, and profits, or the proceeds of
fire and other insurance policies, or compensation or awards for any takinl or damage of the property, and the application or release
thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done punuant to such notice.
DO NOT RECORD
25. Upon def.ult by TraItor ID payment 01 any Indebt-'- IeClII'ed IIereby or ID performaac:e 01 any qrwmeal hemmder. llellefldary _, declare
all IIWIII IeC\lred hereby immediately due 8Ild pay.ble by dellYerY to Trustee 01 wrlltell declaratloa 01 def.ult aacI demaDd for aale, aDd 01 wrltbiD DOtiCII
01 def.ult aud of elec:tlon to callie the property to be aold, whJc:h DOtice TruItee Ib.n c:auae to be clul, filed for record. BaIeIIc:iarJ IhaII aIao depoIil witb
Tl'Ultee thll Deed, the DOte. aad all doc:ulllellta, eYicIenciJII upeoditul'lll IeClII'ed hereby.
~ftII 26. ~ :::r-by o:.:.~~ ~t1=II::d~u~,:. ~lrO::lw.':fd t~ ~meaaidaDdac:lac:e l.::~t ~ ..~= :,te ~~-:
. whole or in lep.rate parcels. .nd in auch order u it m.y determiDe (but aubject to auy lltatutory ript of Trustor to dlred the order in which such propert)'.
if conalstiDl 01 Ie'feral kDoWII lots or parcels. Iball be aoId), .t public: .uclloa to the hiJhe&1 bidder for c:aIh in lawful ..-, of the Unl1ecI St.tea, paJable
at time of we. Trustee may postpone sale of aU or any portion of said property by publiC annoUllcemc:Dt at the time aacI place 01 aaJe. aud from time to
time thereafter may poItpone the sale by public aunouncement .t the time bed by the ~ poItponemeul. TI'UItee lbaD dell.. to the purchuer Ita
='=~ft~ ~h;:ln~'~~~~y~ftII~:rn:a.vr:.~.e;'=ee~or ~~. ,:~a1~ ~u: =- ny:or: ':I~'=
proceecb of sale to payment of (I) the expeD&el of luch aaIe, Io1Iether with tbe reaaon.ble expeD&el 01 thll Trust, whicb shaD IDdude co_I fees if ..,
are Incuned; (2) COIl 01 auy eYidence 01 tille procured In COIIJI8Ction with auc:h aaJe and revenue ..mp' 011 TI'UItee'1 Deed; (3) all I\IDII expended UJIder
the Iarma hereof. DOt then repaid. with accrued interest .t the rale proYlded on the prlndpal debt; (4) all 0" IlIDII then aec:urecI herebJ; aacI (5) tile
remainder. if my. to the penon or penoaa IepIly entiUed thereto.
27. Beneficiary may from time to time aubatltute a aucceuor or IUCCeDOI'I to any Tnatee named beRlD or ec:dDa bereuDder to nec:ute thII TI'1IIi.
V=eelU:r.~~; =':=="~~I~~ ~u:::: ::r:bat""u=~:r~ bemad:-: =.::'~~d::-,=~ =_~
reference to thla Deed and ita place of record, which, when _ded ID the oftIce of the County Recorder 01 the COlIDtJ or count.. In whic:h tile propert)'
. a1tuated, Iball be c:oncIualve proof 01 proper .ppolntment of the IUCCaaor ~.
21. The pleadlna of .y statute 01 Iim.ItatIoa . . def_ to any aDd all obIlptioM IIClIfed by WI Deed iI herebJ wahwd tD tbI taU ....
permilalble by law.
29. A partial reconveyaace rel..lq any portloa 01 the property from the lieD or cbarp hereof may be bad UId wtII be .n- at UIJ time, aDd rn-
time to time, prior to the maturity of the DOte aecurecI hereby, subject to the foUowln. c:onditioal:
(a) ~~o~~: ~yPJ:'=l t~=:J: ~ithT=;;'~,=,.by,: ~ ~ =,;~~ .='~to~
Inlerem of the TruatoI or the IeDeflc:Iary therein;
(b) The p.)'IIIeIIt on the principal amount 01 the TI'UIt Deed ID ill... order 01 maturity of inIhJlmenta 01 the reaaon.bIe qJue, . determined by
the Beneficiary, 01 the portioIl of the property to be RJeaaed or the an- proc:eecIa or anticipated proc:eecIa 01 aaJe of IUcb property. wIlicbewr
II the are.ter;
(c) The Trustor Iball pa, a .mCil charae for each partial release at the time the reIeaae II aranted. The amouat c:barIed wtII be b.-cl on tile
estlmaled COlt of adminiatratl... expenae illvolved but In DO _ Ihall be .. than $25.00. No fee will be c:barIed for the fuD or flaaI rele_ 01. the
IeDeflc:lary'a Interest in the property;
(d) The T~or Iball relmbuJ'le the BenefIcIary for the COIl of any appraiaaI wbIc:h the ~ la Ita aoIe diIc:ret1oIIlba1I deeIIl to be ~
(e) No rele.. oI.y parcel will be made by the 8cneflcIary If the T~or is In ., manner la default with reprd to any proYiIioa 01 the T~ Deed;
(f) No portion of the property (other than Itreeta, ways, aud utilities) will be reIe-.d from the lien 01 the T~ Deed UDtl1 Itreeta, wa,., ad
utilltlel h.... been IOld or dedicated to the &alllfactlon of the leDeflc:iary. Streets. ways, aDd utl1ltlea will be releued without p.yment 011 the
principal amount of the Trult Deed upon eYidence laliafactory to the BenefIciary that they h.ve been dedicated to a public body In a manner UId
under conditions which, in the opinion of the Beneficiary. do DOt impair the security of ita lien.
30. Thla Deed Iball inure to and bind the bein, lepleel, deYiIeeI, admiItIItraton, aec:utora, _ aud ..... of the putI.a bento. AD ~
01 Tl'Ultor hereUJlder are joint and aeveraI.
31. The term "Beneficiary" Iball meaD the _ and holder. lncludlna pled..... 01 the note IeC1IrecIherebJ. whether or DOt named . BeaeIciary bereID.
In ~ T=::'::~f ~":t:.~:':cl.~y~te~lt~o;:~~~ ~== ~ rec:r~=."r.~~.-l!~ .rn::. ~
. party, unIeu brouaht by Truatee.
33. Thla Deed IhaII be COIIItrued accordiDI to the IaWl 01 the State 01 Ca1ifonIia.
)to The Trustor will DOt .-Ian the rentI, If aDY. la wboIe or In part, from tile conft7ed propert)', or .., part .... witboat the prjor wrtIUD ~
01 tile Beneflciary.
35. The T~or illawfully seized 01 the conft7ed property UId bu IOOCl riabt, fuD power ad I.wful .uthority to ..n aacI con.., the __ la the IIWIDef
aboft proYided, .d will wanant aud defend the same to the Beneficiary fore..... qainIt the lawful clalml and demands 01 .y aDd all partieI ~...
36. The Truator bereby waives the beaeflt of all homestead exemptions u to the debt IeC\lred by thta Deed 01 TI'UIt ad u to any apeaditure fw
lDaurance. talles. levlel, -..menta, dues or cbaraes incUrted by the Beneficiary JIUI'IUUIt to auy proYilIoa 01 thIa Deed 01 T~.
37. The Unclenlped Trustor requelta that a copy 01 auy aotke 01 default ad 01 any DOtiCII 01 aaIe bereuDder be mafIed to Trustor at the ~
1IeninalIoft set forth.
DO NOT RECORD
REQUFSr FOR FULL RECONVEYANCE
To be used only whe" IWk has bee" paid.
To PInt AaerIcaa Tille IaIaruce CompIUt)', Trustee: Dsat...tf
The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums
secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on pay-
ment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness,
secured by said Deed of Trust, delivered to you herewith together with said Deed of Trust, and to reconvey, without
warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same.
MAIL RECONVEYANCE TO:
By
By
Do IIOtloH or destroy this Deed of Tnat OR THE NOTE which it Hewes. Both mUll be
delivered to the Tnutee for clUlCellation before reconveyance will be rruule.
.....
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EXHIBIT 4tj)"
GRAN'!' DEED
The COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF '!'HE CITY OF
SAN BERNARDINO, CALIFORNIA, a public body, corporate, and
politic (hereinafter called the "Grantor"), and in further
consideration of the of the covenants and conditions herein
I
I :
contained and to be kept and performed by the Grantee, does
hereby grant to the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF
GREATER SAN BERNARDINO, INC. (hereinafter called the "Grantee"),
all that real property in the City of San Bernardino, County of
San Bernardino, State of California, (hereinafter called the
"Property", described as follows:
SEE EXHIBIT · A. ATTACHED HERETO
The Grantee does hereby acknowledge receipt of a copy of the
Redevelopment Plan (hereinafter called the "Redevelopment Plan")
for the Central City East Redevelopment Project, approved by
Ordinance No. 3571 of ~he Ci~y of San Bernardino, which
Ordinance was adopted May 3, 1976, said Redevelopment Plan
containing as a part thereof that certain Declaration of
Restrictions which became effective under said Ordinance and
which is hereinafter referred to as the "Restrictions".
The Grantee, for itself, its successors and assigns, does
hereby covenant and agree with, and for the benefit of, the
Grantor, its successors and assigns, as follows:
DAB:cez
December 14, 1988
26
, .
1. The grantee, its successors and assigns, will hold,
occupy and use the Property subject to and in accordance with all
the terms, conditions, limitations, restrictions, requirements
and covenants set forth in the Redevelopment Plan and the
Restrictions, and specifically for uses primarily for the
instruction, enjoyment and betterment of youth and other
residents of San Bernardino and surrounding areas. Said terms,
conditions, limitations, restrictions and covenants run with the
land and shall be binding for the benefit and in favor of, and be
enforceable by, the Grantor, its successors and assigns, the City
of San Bernardino, and any successor-in-interest to the Grantee
of the Property or any part thereof, and the owner of any other
land in the Project Area.
2.
(a)
The Grantee herein covenants by and for
himself, his heirs, executors, administrators, and his
successors and assigns, and every successor-in-interest to the
Property, or any part thereof, and all persons claiming under or
through them, that the Grantee, and such successors and assigns,
shall
(1) Devote the Property to uses consistent with
the purposes of the Redevelopment Plan, and specifically for the
instruction, enjoyment and betterment of youth and other
residents of San Bernardino and surrounding areas.
(2) Not discriminate upon the basis of race,
sex, marital status, color, creed, religion, physical handicap,
national origin, ancestry, age or handicapped status in the sale,
DAB:cez
December 14, 1988
27
, , I .
lease, sublease, rental or ~ransfer or in ~he use, occupancy,
tenure or enjoyment of ~he Property or any improvement erected or
~o be erected ~hereon, or any part ~hereof, nor shall ~he Grantee
himself or any person claiming under or ~hrough him, establish or
permit any such practice or practices of discrimination or
segregation with reference ~o ~he selection, location, number,
use or occupancy of tenants, lessees, subtenants, sublessees, or
vendees of the property, or any part thereof.
(3) Properly maintain ~he parking areas,
landscaped areas and parkways on the Property, and ~hat, if the
Grantee fails to remedy any failure after ~wenty (20) days'
notice from ~he Grantor or City of San Bernardino (the .City"),
~hen ~he Grantor or City shall have the right ~o enter the
Property, and undertake or cause ~o be undertaken such
maintenance activities.
In such event, Grantee, i~s successors
or assigns, shall reimburse Grantor or City for all reasonable
sums incurred for such maintenance activities, together with
interest thereon calculated at the rate of ten percent (10%) per
annum.
(b) The foregoing agreements and covenants, as set
forth in subdivision (a) of Section 2 of this Deed, shall be
covenants running with the land, and they shall in any event,
without regard to technical classification or designation, legal
or otherwise, and except only as otherwise specifically provided
in this Deed, be binding to the fullest extent permitted by law
and equity, for the benefit and in favor of, and be enforceable
DAB:cez
December 14, 1988
28
. .
by the Grantor, its successors and assigns, the City and any
owner of any other land (or of an interest in such land) in the
redevelopment project area subject to the Redevelopment Plan. It
is further intended and agreed that, except as otherwise provided
herein, the agreement and covenant provided in subsection (1) of
subsection (a) of Section 2 of this Deed shall remain in effect
in perpetuity and that the agreement and covenant provided in
subsection (2) of subsection (a) of Section 2 hereof shall remain
in effect without limitation as to time; provided that such
agreements and covenants shall be binding on the Redeveloper
itself, each successor-in-interest to the Property, and every
part thereof, and each party in possession or occupancy,
respectively, only for such period as such successor or party
shall have title to, or an interest in or possession or occupancy
of, the Property or part thereof.
3. In amplification and not in restriction of, the
provisions of Section 2 hereof, it is intended and agreed that
the Grantor and its successors and assigns shall be deemed
beneficiaries of the agreements and covenants provided in said
Section 2 hereof, both for and in their or its own right and also
for the purpose of protecting the interests of the Grantor and
the City of San Bernardino and other parties, public or private,
in whose favor or for whose benefit such agreements and covenants
have been provided.
Such agreements and covenants shall run in
favor of the Grantor, its successors and assigns for the entire
period during which such agreements and covenants shall be in
DAB:cez
December 14, 1988
29
-~._.,~-,::.-,~_.~~
..
force and effect, without regard to whether the Grantor, its
successors and assigns have at any time been, remain, or are
owners of any land or interest therein, or in favor of which,
such agreements and covenants relate. The Grantor shall have the
right, in the event of any breach of any such agreement or
covenant, to exercise all the rights and remedies, and to
maintain any actions or suits at law or in equity or other
proceedings to enforce the curing of such breach of agreement or
covenant, to which it or any other beneficiaries of such
agreement or covenant may be entitled.
4. Should Grantee convey the Property or enter into
escrow to convey said property at any time in perpetuity to any
Grantee other than a not-for-profit charitable organization which
is committed and legally required to use the property as required
by paragraph 2(a)(1) of this Deed, Grantor shall have the option
to repurchase said property for Twenty-Six Thousand Seventy-One
Dollars ($26,071) plus the fair market value at the time of the
purchase of all improvements built on the premises by Grantee in
compliance with the codes and regulations of the City of San
Bernardino less any Community Development Block Grant funds
received from the City of San Bernardino and not repaid.
5. At any time in perpetuity, Grantee may encumber said
property by means of a mortgage or deed of trust only with the
prior written approval of Agency, which approval may be given,
withheld, or given conditionally in the sole, unfettered
discretion of Agency.
DAB:cez
December 14, 1988
30
6. THE PROVISIONS OF PARAGRAPHS 1 2 AND 5 OF THIS DEED
SHALL BE CONDITIONS SUBSEQUENT, UPON THE OCCURRENCE~F WHICH THE
GRANTOR, ITS SUCCESSORS OR ASSIGNS SHALL HAVE THE RIGHT TO
REENTER AND TAKE POSSESSION OF THE LAND AND TO TERMINATE (AND
REVEST IN THE AGENCY) TITLE TO THE LAND, IN THE EVENT THAT A
DEFAULT HAS BEEN DECLARED BY THE GRANTOR, ITS SUCCESSORS OR
ASSIGNS. THE PROVISIONS OF THIS PARAGRAPH 6 SHALL APPLY ONLY IF
SUCH DEFAULT SHALL NOT BE CURED WITHIN THREE (3) MONTHS AFTER
WRITTEN DEMAND BY GRANTOR, ITS SUCCESSORS OR ASSIGNS SO TO DO.
THE THREE-MONTH TIME PERIOD SPECIFIED ABOVE SHALL COMMENCE UPON
SERVICE OF THE WRITTEN NOTICE ALLEGING THE POSSIBLE EXISTENCE OF
A DEFAULT AND RECORDATION OF A NOTICE OF DEFAULT WITH THE
RECORDER OF SAN BERNARDINO COUNTY.
IT IS THE INTENT OF THIS PROVISION THAT THE CONVEYANCE
OF THE LAND HEREIN MADE BY THE GRANTOR WILL BE SET ASIDE AND
TITLE TO THE LAND SHALL REVERT TO GRANTOR, IT SUCCESSORS OR
ASSIGNS UPON FAILURE OF GRANTEE, ITS SUCCESSORS OR ASSIGNS, TO
REMEDY AND/OR ABROGATE ANY SUCH DEFAULT WITHIN THE PERIOD SET
FORTH ABOVE.
UPON SUCH CIRCUMSTANCES, THE GRANTOR, ITS
SUCCESSORS OR ASSIGNS, MAY DECLARE A TERMINATION IN FAVOR OF THE
GRANTOR, ITS SUCCESSORS OR ASSIGNS OF THE TITLE, AND A
TERMINATION OF ALL OF THE RIGHTS AND INTEREST IN THE LAND
CONVEYED HEREIN.
IF THE GRANTOR, ITS SUCCESSORS OR ASSIGNS RECORDS, AFTER
SUCH THREE-MONTH PERIOD EXPIRES, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, A WRITTEN DECLARATION OF FORFEITURE
DAB:cez
December 14, 1988
31
'0 0
t
I
BXBIBI'1' eA- !'O GRAN'!' DEED
LEGAL DESCRIPTION
LOTS 19, 20, 21, 22, 23 AND 24, TRACT NO.
2030, FIFTH STREET PLACE SUBDIVISION, AS PER
PLAT THEREOF RECORDED IN BOOK 29 OF MAPS,
PAGE 49, RECORDS OF SAN BERNARDINO COUNTY,
STATE OF CALIFORNIA.
DAB:cez
December 14, 1988
33
~.. ' t ,
, ,
EXHIBIT -E-
OBLIGATIONS OF AGENCY
'!'HE AGENCY SHALL:
1. Convey to Redeveloper the Property described in
Exhibit "A" for the sum of $26,071, $5,000 of which has been
paid.
2. Accept a promissory note secured by deed of trust
executed by the Redeveloper providing for payment of the $21,071
balance of the Purchase Price in accordance with the
amortization schedule attached as Exhibit "G", which shall bear
interest at the rate of seven (7%) percent per annum.
DAB:cez
December 14, 1988
34
. , "
" r
EXHIBIT -P-
OBLIGATIONS OF REDEVELOPER
THE REDEVELOPER AGREES TO:
1. Devote the Property to activities conducted by the
Young Women's Christian Association, and other uses primarily
for the instruction, enjoyment and betterment of youth, and other
residents of San Bernardino and surrounding areas.
2. Not later than ten (10) calendar days after the date of
this Agreement, execute and deposit into Escrow a promissory Note
in the sum of Twenty-One Thousand Seventy-One Dollars $21,071
setting forth the Agency as the payee, secured by a first deed of
trust on the Property, payable with interest at the rate of seven
(7%) percent per annum in monthly installments, commencing on the
first day of the month at least thirty-one (31) days following
execution of this Agreement in accordance with the amortization
schedule attached as Exhibit "G".
DAB:cez 35
December 19, 1988
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