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HomeMy WebLinkAboutRecorded Doc 2009-0411323 RECORDING REQUESTED BY REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY WHEN RECORDED MAIL TO: REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 DOC # 2009-0521882 10/08/2009 08:00A Fee:NC Page 1 of 25 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111 S R U PAGE SIZE DA MISC LONG RFD COPY 3 a M Z A L 465 426 PCOR NCOR SMF NCHG E M CTY UNI 9 00 ", 0C�C� C-G �� T: i SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 & 27383 �j 800 DEED OF TRUST, FAQADE EASEMENT AND COVENANTS This Deed of Trust, Fagade Easement and Covenants ( "Deed of Trust "), made on -'I 66 200 , by 4V &:fV+rLy eLCsEr.o I a hereinafter called ' Trustor", whose current address is 7z — 3 - 71 A t-i y ��&J St. , Palm Desert, CA 92260, to Stewart Title Company, a California corporation, hereinafter referred to as "Trustee ", whose address is 3403 Tenth Street, Suite 400, Riverside, California 92501, in favor of the REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY, a public body, corporate and politic, hereinafter referred to as "Beneficiary", whose address is 68 -700 Avenida Lalo Guerrero, Cathedral City, California 92234. All defined terms used herein not otherwise defined shall have the meaning ascribed to them in the Loan Agreement described on Attachment 2 and incorporated herein by reference. This Deed of Trust is given by the Trustor to secure certain obligations of the Trustor, or of certain obligations of Trustor's tenant occupying space on the Property. Wherever the context requires it, the term " Trustor" shall mean either the owner of the Property or the Tenant as identified in the Loan Agreement. If this Deed of Trust is given to secure the obligations of a tenant, Trustor (owner) intends to provide the security stated herein for the obligations of said tenant. Deed of Trust Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, all that Property, including all easements and rights -of -way used in connection therewith, or as a means of access thereto, in the City of Cathedral City, County of Riverside, State of California, described as follows: SEE ATTACHMENT "1 ", attached hereto and Incorporated herein by reference together with the rents, issues and profits thereof, subject however to the right reserved by Trustor to collect and apply such rents, issues and profits, prior to any default hereunder; for the purpose of securing performance in a timely manner of all of Trustor's obligations under the Loan Agreement, between Trustor and Beneficiary, in an amount equal to the Loan Amount specified in Attachment 2, and performance of each agreement to Trustor incorporated herein by reference or contained herein. A. To protect the security of this Deed of Trust, Trustor agrees: 1. To maintain the Property in good condition and repair; not to remove or demolish any building or improvement thereon; to complete promptly in workmanlike manner any improvement hereafter constructed thereon and to restore promptly in workmanlike manner any improvement thereon that is damaged or destroyed, and to pay when due all costs incurred therefor or in connection therewith; to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property; not to commit or permit any waste thereof or any act upon the Property in violation of law or of covenants, conditions or restrictions affecting the Property. 2. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and also, if at any time Beneficiary or Trustee is a party to or appears in any such action or proceeding, or in any action or proceeding to enforce any obligation hereby secured, to pay all cost and expenses paid or incurred by them or either of them in connection therewith, including, but not limited to, cost of evidence of title and attorneys' fees in a reasonable sum. 3. To pay (a) at least ten (10) days before delinquency, all taxes and assessments affecting the Property; (b) when due, all encumbrances, charges and liens, with interest, on the Property or any part thereof, which appear to be prior or superior hereto; and (c) all costs, fees and expenses of this trust. 4. If Trustor fails to make any payment or to do any act as herein provided, then Beneficiary or Trustee (but without obligation so to do, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation hereof) may (a) make or do the same in such manner and to such extent as either deems necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon the Property for such purpose; (b) appear in or commence any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; (c) pay, purchase, contest, or compromise any encumbrance, charge or lien that, in the judgment of either, appears to be superior hereto; and in exercising any such power, Beneficiary or Trustee may incur necessary expenses, including reasonable attorneys' fees. 5. To pay immediately and without demand all sums expended hereunder by Beneficiary or Trustee, with interest from date of expenditure at the annual rate of five percentage points over Bank of America's published prime rate. B. It is mutually agreed that: 1. In the event that Trustor shall, directly or indirectly, voluntarily or involuntarily, sell, enter into a contract of sale, convey, assign, transfer, lease with an option to purchase, dispose of, alienate or further encumber or agree to sell, or suffer to exist any other lien against all of any portion of or any of Trustor's interest in the Property, or change, or suffer the change of, the character or use of the Property, Beneficiary, at its option, may then, or any time 2 iNiumwiiuu�uuruuiiuiNi�inu�iim .��:mN;�- thereafter, declare all sums due hereunder immediately due and payable. 2. Any award of damages made in connection with the condemnation for public use of or injury to the Property or any part thereof shall be first applied to satisfy the balance due under the Loan Agreement with the remainder to be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3. The acceptance by Beneficiary of any payment less than the amount then due shall be deemed an acceptance on account only and shall not constitute a waiver of the obligation of Trustor to pay the entire sum then due or of Beneficiary's right either to require prompt payment of all sums then due or to declare default. The acceptance of payment of any sum secured hereby after its due date will not waive the right of Beneficiary either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. No waiver of any default shall be a waiver of any preceding or succeeding default of any kind. 4. At any time upon the occurrence of a default, without liability therefore and with or without notice, upon written request of Beneficiary and presentation of this deed for endorsement, and without affecting the personal liability of any person, Trustee may reconvey any part of the Property, consent to the making of any map or plat thereof, join in granting any easement or join in any extension agreement or any agreement subordinating the lien or charge thereof. 5. Upon written request of Beneficiary, surrender of this deed to Trustee for cancellation and retention, and payment of its fees, Trustee shall reconvey, without warranty the Property held hereunder. The recitals in such reconveyance shall be conclusive proof of the truthfulness thereof. The grantee may be designated in such reconveyance as "the person or persons legally entitled thereto." 6. Trustor may give such notice to Beneficiary at any time before there is a Trustee's sale of the Property. At any time Trustor is in default in payments to be made to Beneficiary hereunder, any amounts paid to and received by Beneficiary for execution of releases pursuant to the terms of this paragraph after notice of default and election to sell has been recorded shall not, unless the requirements of Section 2924c of the Civil Code are fully met by or on behalf of Trustor, waive the right of Beneficiary to continue its plans to have the Property sold, nor shall they have any effect on the exercise by Beneficiary of the acceleration privilege contained herein, except to entitle the person effecting such payment to the release of the Property for which the release amount was paid, and insofar as Beneficiary is concerned, to constitute a credit against the secured debt. 7. If Trustor shall occupy the Property, or any part thereof, after any default, Trustor or such owner shall pay to Beneficiary in advance on the first day of each month a reasonable rental for the premises so occupied. On failure to pay such reasonable rental, Trustor or such owner may be removed from the premises by summary dispossession proceedings or by any other appropriate action or proceeding. 8. If default is made in performance of any agreement hereby secured, then Beneficiary, with or without notice to Trustor, may institute suit for the foreclosure of this deed, or by delivering to Trustee a written declaration of default and demand for sale, as well as a 3 1111111 II��INIWlllulllllltllllllll ���°� -a�- written notice of default and of election to cause the Property to be sold, which notice Trustee shall cause to be filed for record. If such declaration is delivered to Trustee, Beneficiary shall deposit with Trustee this deed, and all documents evidencing expenditures secured hereby. 9. After the time then required by law has elapsed after recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, with or without demand on Trustor, shall sell the Property at the time and place fixed in the notice of sale, either as a whole or in separate parcels and in such order as Trustee determines, at public auction, to the highest bidder, for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone from time to time sale of all or any portion of the Property by public announcement at the time and place of sale originally fixed or at the last preceding postponed time. Trustee shall deliver to the purchaser its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustor, Trustee, Beneficiary or any other person may purchase at the sale. 10. After deducting all costs, fees and expenses of Trustee and of this trust, including cost of evidence of title and reasonable attorneys' fees in connection with sale, Trustee shall apply the proceeds of sale to payment of (a) all sums expended under the terms hereof and not theretofore repaid, with accrued interest at five percentage points over Bank of America's published prime rate per annum, and (b) all other sums then secured hereby in such order as Beneficiary, in the exercise of its sole discretion, directs. The remainder, if any, shall be paid to the person or persons legally entitled thereto. 11. Before Trustee's sale, Beneficiary may rescind such notices of default and of election to cause the Property to be sold by delivering to Trustee a written notice of rescission, which notice, when recorded, shall cancel any prior declaration of default, demand for sale and acceleration of maturity. The exercise of such a right of rescission shall not constitute a waiver of any default then existing or subsequently occurring, or impair the right of Beneficiary to deliver to Trustee other declarations of default and demands for sale or notices of default and of election to cause the Property to be sold, or otherwise affect any provision of the secured note or of this deed or any of the rights, obligations or remedies of Beneficiary or Trustee hereunder. 12. Beneficiary may, from time to time as provided by statute, or by a writing signed and acknowledged by him and recorded in the office of the county recorder of the county in which the land or such party thereof as is then affected by this deed of trust is situated, appoint another trustee in stead and of Trustee herein named; and thereupon, the Trustee herein named shall be discharged, and the trustee so appointed shall be substituted as Trustee hereunder with the same effect as if originally named Trustee herein. 13. If two or more persons are designated as Trustee herein, any or all powers granted herein to Trustee may be exercised by any of such persons if the other person or persons is unable, for any reason, to act. Any recital of such inability in any instrument executed by any of such persons shall be conclusive against Trustor, his heirs and assigns. 14. All leases of any structures on the Property, now or hereafter affecting the Property are hereby assigned and transferred to Beneficiary by Trustor. Trustor hereby covenants that none of such leases will be modified or terminated without the written consent of Beneficiary. 4 Ilnlllllll�lllllllllllllllllllllllllll�ll �'- ry�'aa &w 15. If a default is made in the performance of the Loan Agreement, Trustor when requested to do so, shall give such further written assignments of rents, royalties, issues and profits; of all security for the performance of leases; and of all money payable under any option to purchase, and shall give executed originals of all leases, now or hereafter on or affecting the Property. 16. Trustor reserves the right, prior to any default in payment of any indebtedness or performance of any obligation secured hereby, to collect all such rents, royalties, issues and profits, as but not before they become due. Upon any such default, Trustor's right to collect such moneys shall cease, not only as to amounts accruing thereafter, but also as to amounts then accrued and unpaid. In the event of default, Beneficiary, with or without notice and without regard to the adequacy of security for the indebtedness hereby secured, either in person or by agent, or by a receiver to be appointed by the court, (a) may enter upon and take possession of the Property at any time and manage and control it in Beneficiary's discretion, and (b) with or without taking possession, may sue for or otherwise collect the rents, issues and profits thereof, whether past due or coming due thereafter, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, upon any obligation secured hereby and in such order as Beneficiary determines. None of the aforesaid acts shall cure or waive any default hereunder or invalidate any act done pursuant to such notice. Beneficiary shall not be required to act diligently in the care or management of the Property or in collecting any rents, royalties or other profits that it is hereby authorized to collect, and shall be accountable only for sums actually received. 17. Without affecting the liability of Trustor or of any other party now or hereafter bound by the terms hereof, from time to time and with or without notice, Beneficiary may release any person now or hereafter liable for performance of such obligation, and may extend the time for payment or performance, accept additional security, and alter, substitute or release any security. 18. In any judicial action brought to foreclose this deed or to enforce any right of Beneficiary or of Trustee hereunder, Trustor shall pay to Beneficiary and to Trustee attorneys' fees in a reasonable sum, to be fixed by the court. 19. No remedy hereby given to Beneficiary or Trustee is exclusive of any other remedy hereunder or under any present or future law. 20. The pleading of any statute of limitations as a defense to any and all obligations secured by this deed is hereby waived, to the full extent permissible by law. 21. Trustor shall, upon request made by Beneficiary, furnish the Beneficiary with annual statements covering the operations of the Property. 22. Beneficiary may collect a "late charge" not to exceed an amount equal to five percent (5 %) on the amount past due and remaining unpaid on any installment that is not paid within ten (10) days from the due date thereof, to cover the extra expense involved in handling delinquent payments. 23. This deed applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, successors in interest, and assigns. The term "Beneficiary" means the owner and holder, including pledgees, of the 5 IIII IIINI III Ifl IINII IIII nI11 Yl ll�l ull 1111 () . Agreement secured hereby, whether or not named as Beneficiary herein. In this deed, whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural, and all obligations of each Trustor hereunder are joint and several. 24. Trustee accepts this trust when this deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee is a party unless brought by Trustee. 25. Trustor requests that a copy of notice of default and of any notice of sale hereunder shall be mailed to him at the address indicated in the first paragraph of this Deed of Trust. II. FAC EASEMENT Trustor, upon receipt of the Loan from the Agency, grants to the Agency and the City of Cathedral City (the "City "), and their successors and assigns (hereinafter collectively, the "Agency ") , an easement upon the Property for the purpose of ensuring Grantor's maintenance and use of the Property in accordance with the requirements of the Loan Agreement and the Program. The Agency shall have the right during the Term to enter the Property, with or without notice to the Trustor, to inspect the Property and to conduct any maintenance or repair activities deemed necessary by the Agency to ensure Grantor adheres to the Maintenance Standards. 111. COVENANTS A. USE During the Term, Trustor shall continuously operate Trustor's business upon the Property in full compliance with the terms and conditions of the Loan Agreement and all laws, rules and regulations governing Trustor's business, including, without limitation, maintaining a current City of Cathedral City business license (the "Business Operation Requirements "). Trustor's failure to comply with the Business Operation Requirements shall be a material breach of the Loan Agreement and this Deed of Trust. B. MAINTENANCE During the Term, Trustor shall maintain the Property and its improvements in accordance with the Maintenance Standards. The "Maintenance Standards" shall be comprised of all the following to the extent applicable to the improvements located on the Property: 1. Landscape maintenance shall include, but not be limited to: watering /irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. C. 111111111 NI ����;a�a 2. Clean -up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. 3. The Maintenance Standards shall be conducted and completed in compliance with applicable federal, state and local laws and regulations. C. FAILURE TO MAINTAIN 1. In the event Trustor does not comply with the Maintenance Standards in accordance with the requirements of this Agreement, the Agency shall have the right to enter upon the Property, or have its third party agents or contractors enter upon the Property and to maintain and /or repair the Property and its improvements to correct such deficiencies after written notice to Trustor. However, prior to taking any such action, the Agency agrees to notify Trustor in writing why the condition of said improvements does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Trustor to cure the deficiencies. Upon notification of any maintenance deficiency, Trustor shall have thirty (30) days within which to correct, remedy or cure the deficiency, unless advised of a shorter period to rectify the problem by City Code Enforcement Officers, before the Agency shall elect to commence such maintenance or repair activities. 2. Trustor agrees to pay any and all charges and costs incurred by the Agency in connection with conducting any maintenance or repair activities upon the Property. In addition, Trustor shall be liable for any and all attorneys' fees, and other legal costs or fees incurred by the Agency in collecting said amounts from Trustor. Trustor further understands and agrees that such costs and charges may be added to the amounts due the Agency under the Deed of Trust. Notwithstanding all the above, the Agency shall be under no obligation to maintain or repair the Property or its improvements following Trustor's failure to do so. In such event, the Agency reserves the right, in it sole discretion, to declare an Event of Default under this Agreement and following the requisite cure period, exercise its default remedies under this Agreement, including without limitation, foreclosing upon the Deed of Trust to collect all amounts of the Loan Amount, including interest thereon, and maintenance and repairs cost, if any, together with all other sums due and owing to the Agency under the Loan Agreement. The Agency has the right to accelerate all sums due under the Loan Agreement and declare all of them immediately due and payable. D. NON - DISCRIMINATION The Trustor agrees that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code or on the basis of domestic partnership status or arrangement, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Property or employment practices of Trustor, nor shall Trustor himself or herself, or any 7 IN 1111 7 of 25 person claiming under or through him or her, 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, sublessees, subtenants, or vendees in the Property or in employment practices. E. COVENANTS RUN WITH THE LAND The covenants contained in this Agreement shall, without regard to technical classification, run with the land for the Term and shall be binding on and shall inure to the benefit of the Agency and its successors or assigns. F. TERM The term of this Agreement shall commence upon Trustor's receipt of the Loan Amount from the Agency and shall expire at the end of the Term specified in Attachment 2 hereto. G. INDEMNIFICATION To the fullest extent permitted by law, Trustor shall indemnify, defend, and hold harmless the Agency, the City, and their elective and appointive officials, boards, commissions, officers, attorneys, agents and employees (collectively, "Agency Parties "), from any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims ") arising, directly or indirectly, from the acts, omissions, negligence or willful misconduct of Trustor or its contractors, subcontractors, employees, representatives or agents arising out of the Loan Agreement or this Deed of Trust. H. DEFAULT 1. Any failure by Trustor to perform any term, condition or covenant of this Agreement shall constitute an " Event of Default if Trustor does not cure such failure within thirty (30) days following written notice of default from the Agency. Upon the occurrence of an Event of Default, Agency shall have the right, in addition to any other rights or remedies (a) to institute any action at law or in equity to cure, correct, prevent or remedy any Event of Default; (b) to recover damages for any Event of Default, including by accelerating all sums due under the Loan Agreement and declaring all of said sums to be immediately due and payable; or (c) to foreclose upon the Deed of Trust. 2. Any failure or delay by the Agency in asserting any of its rights or remedies as to any Event of Default shall not operate as a waiver of any Event of Default or of any such rights or remedies or deprive the Agency of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 3. The following acts or omissions shall be incurable Events of Default under this Agreement which do not require providing Trustor with a thirty (30) days cure period and shall immediately give rise to the Agency's default remedies set forth above: E. 111111111111111111111111111111111111111111111111111111 1 ���' -�- a. Trustor's receipt of three (3) or more City Code Enforcement Citations for the Property or three (3) or more Agency notices of an Event of Default under this Agreement or any combination of the above totaling three (3) or more during the Term. b. Any maintenance or repair activities conducted by the Agency with a cost which exceeds fifteen percent (15 %) of the amount of the Loan Amount. Executed at Cathedral City, California, on the date first above written. TRUSTOR: l� Kay Gary lesen END OF PAGE CATH \00046 \DOC\208 -2 3 \19 \09 1130 law I✓ IIIIIIIIII IIIIIIIIIIIIIII V . 21909-13521882 • � II - • ...� >, ,�,..>e „�s�e,1.. _•aim c�<a a rsa t_. ,� .•.� �a> •a >. �a ,- s a a. �. 4a a. a a , �a ti� >,�, ti A a mss,- �i State of California County of R i V2 rs 1AZ On 9 - 2 z _U before me, Bess E. M c G ladrey, Notary Public Date Here Insert Name and Title of the Officer personally appeared K,-, N L`t v) D'o -s k1 Name(M of Sioner(s1 BESS E. MMUL kI REY conwniasion * 1803910 Notary Public - CaNfornio Riverslds county M Comm. Exo Jun 25, 2012 who proved to me on the basis of satisfactory evidence to be the person(,ief whose nameW is/am subscribed to the within instrument and acknowledged to me that he /sheAh y executed the same in his/h@Aheir authorized capacity(ise), and that by his /ho4he4r signature) on the instrument the person(k), or the entity upon behalf of which the persoW 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 d and offal seal. Signature � Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do Title or Type of Document: 3� O �� v�S >�t C r j Q � 6(S &^ �c..c' Q h f C v2 Document Date: A aj l r 9 — ,- , -60 1 7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER •• of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER •• of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 Signer's Name: ❑ Individual 11111 YNII�IIIIM�YIM��I�I�� a�•�m� � °• 4 cuts ral ct� The Spirit Of the Desert CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Deed of Trust, Facade Easement and Covenants, dated April 9, 2009 from KAY GARY OLESEN TO Stewart Title Company, a California corporation, in favor of THE REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY, A PUBLIC BODY, CORPORATE AND POLITIC, is hereby accepted by the Assistant Secretary of said Agency on this 22n day of September, 2009, pursuant to authority granted by the Redevelopment Agency Board of said City, by Resolution No. R -105 made on the 7 day of January, 1987, and the Grantee consents to recordation thereof by said Assistant Secretary, its duly- authorized officer. Dated at Cathedral City, California, this 22nd Day of September, 2009. Bess E. McGladrey Assistant Secretary Redevelopment Agency City of Cathedral City APN No. 687 - 083 -004 IIIn 11YII IIM IN 1111111111111111111111111111111111111111 . 2&09-0521882 � ATTACHMENT 1 PROPERTY LEGAL DESCRIPTION Lots 138 and 139 of Sunair Tract #3 in Cathedral City as per map recorded in Book 30 pages 15 and 16 of Maps in the office of the recorder of said County. Except that portion of Lot 139 as per map on Sunair Tract No. 3, in the County of Riverside recorded in Book 30 page 16 of Maps, described as follows: BEGINNING at the Southwest comer of the said Lot 139; thence North 22° 36' 00" East, along the Northwesterly line of said Lot 139, a distance of 13.06 feet; thence Southeasterly on curve concave to the Northeast, having a radius of 13.00 feet, through an angle of 90° 15' 57 ", an arc length of 20.48 feet to a point of the Southwesterly line of said Lot 139; thence Northwesterly, along the Southwesterly line of said Lot 139. an a curve concave to the Northeast, having a radius of 2,814.93 feet, through an angle of 00° 15' 5T', an arc length of 13.06 feet (the initial radial line bears South 22° 20' 03" West), to the point of begbiniog. APN: 687 - 083 -004 III IN 12 of 25 ATTACHMENT 2 SCHEDULE A TO LOAN AGREEMENT IIIII NI�II�II�IIIII�uINI�I a- �°��",- SCHEDULE A TO LOAN AGREEMENT (COMMERCIAL IMPROVEMENT PROGRAM) (TENANT APPLICANT) Applicant: Name: L Y,%dtZM IZE P — t4 -Wd Building Address: (off 3 5 v tlA� t P �1ZVb. Ls►,�,y�o DRa v� Type of Entity: c.c-rid ,e-A 1 -5 1 If Deed of Trust is NOT being utilized, check here: If Deed of Trust IS being utilized, check here: _Y I in which case the Property legal description is as follows: [Check here if legal description is attached as Exhibit "1 "] Lots 138 and 139 of Sunair Tract #3 in Cathedral City as per map recorded in Book 30 i pages 15 and 16 of Maps in the office of the recorder of said County. Except that portion of Lot 139 as per map on Sunair Tract No. 3, in the County of Riverside recorded in Book 30 page 16 of Maps, described as follows BEGINNING at the Southwest corner of the said Lot 139; thence North 2r 36' 00" East, along the Northwesterly line of said Lot 139, a distance of 13.06 feet; thence Southeasterly on a curve concave to the Northeast, having a radius of 13.00 feet, through an angle of 90° 15' 5T', an arc length of 20.48 feet to a point of the Southwesterly line of said Lot 139; thence Northwesterly, along the Southwesterly line of said Lot 139, on a auve concave to the Northeast, having a radius of 2,814.93 feet, through an angle of 00° 15' 5T', an arc length of 13.06 feet (the initial radial line bears South 2r 20' 03" West), to the point of beginning. Cost of Improvements: $ O 0 } J - 2-9 , ' 9 Y Loan Amount: $ 30 3&/-1. Term of Agreement: _�, years Addresses for the Giving of Notice: Agency: Redevelopment Agency of the City of Cathedral City 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attention: Executive Director A pplicant: - - -. � Owner: kAd-jj kA- W v►-r:5 E01-d Z i ' Leyuet sr. A Ogg CATH \0046\DOC\207 -3.DOC I IIIIII IIIIIII VIII IIII (VIII IIII IIIIII III IIIIII III IIII 10 0 Q9 008 0et: LOAN AGREEMENT AND LANDLORD CONSENT (BUILDING FACADE IMPROVEMENT PROGRAM) (TENANT APPLICANT) THIS LOAN AGREEMENT (this "Agreement ") is dated for reference purposes only as of the 11)q day of , 200, and is entered into by and between the REDEVELOPMENT AGIENCY OF THE CITY OF CATHEDRAL CITY, a public body corporate and politic (the "Agency ") and the person, persons, entity or entities specified as the Applicant in Schedule A attached hereto (the "Applicant "). The effective date of this Agreement shall be the date on which the last of the required signatures appearing on the signature page of this Agreement occurs. RECITALS A. The Agency has adopted a Commercial Facade Improvement Program to provide forgivable loans (the "Loan" or the "Loans ") to eligible property owners and /or tenants of buildings who agree to rehabilitate the facades and /or appearance of their buildings and /or the appearance of their commercial properties in compliance with Agency- approved design standards and other conditions (the "Improvement Program "); and B. The Applicant is a tenant of that certain building and /or property located at the address, and with the legal description set forth in Schedule A (the "Property "), which the Agency has determined is eligible for participation in the Improvement Program; and C. The Applicant has submitted an application to the Agency .pursuant to the Improvement Program and has agreed to rehabilitate the Property, or its portion of the Property (as described in Schedule A) with certain improvements which meet with the Agency's approval (the "Improvements ") in exchange for receipt of the Loan and in accordance with the terms of this Agreement; and D. The Applicant and the Agency desire to enter into this Agreement to set forth the terms and conditions under which the Applicant will develop the Improvements and the Agency will provide the Applicant with the Loan; and E. The owner of the Property (the "Owner") has been asked to consent to the recording of that certain Deed of Trust, Easement and Covenants (the "Deed of Trust ") on the Property to secure the repayment of the Loan and the faithful performance of the terms of this Agreement; and F. The Agency finds that providing the Applicant with the Loan under the terms and conditions of this Agreement furthers the objectives of the Agency's Redevelopment Plan and Implementation Plan, will improve the appearance of the Redevelopment Project Area in which the Property is located, will help eliminate physical and economic blight in the Project Area and stimulate private investment, and is in the vital and best interest of the Agency, the City of Cathedral City, California (the "City "), and the health, safety, morals, and welfare of the City's residents, and is in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. CATI \0046\DOC\207 -3.DOC IMIIIMHV�IIhI��I�NIN��NI�I�IMN . "'eW�'��m NOW, THEREFORE, the Applicant and the Agency hereby agree as follows: 1. Incorporation of Recitals and Schedule(s). The Recitals set forth above are true and accurate in all material respects, and together with all schedules or exhibits attached hereto, are incorporated herein as though set forth in their entirety. 2. Approval and Development of Improvements: Representations by Applicant 2.1 Conditions Precedent The following are conditions precedent to the Agency's obligations under this Agreement. As used in this section, "Applicant" shall mean the tenant and /or the landowner. a. The Applicant has or will cause the design of the Improvements and will prepare an estimate of the costs of constructing the Improvements, using bids or estimates from qualified contractors and /or subcontractors (the Estimated Costs)," which it will provide to the Agency. The Agency has the right to approve the design and /or the cost of the proposed Improvements, in its sole discretion. b. The Applicant must obtain approval of the proposed Improvements by relevant departments or agencies of the City, including, without limitation, the Architectural Review Committee. Approval by the Agency of the design and /or Estimated Cost of the Improvements does not assure approval by other departments or agencies of the City and there is no assurance that approval by such other departments or agencies will, in fact, occur. C. If the Applicant desires to make any further changes to the Improvements following the initial approval (or any subsequent approval) but prior to completion and acceptance of the Improvements by the Agency and the City, the Applicant shall submit the proposed changes in writing to the Agency for its approval, which may be given or denied at the Agency's sole discretion, as well as to any other department or agency of the City which may have jurisdiction. In the event the Agency does not approve the changes to the Improvements within forty-five (45) days of submittal to the Agency, such changes shall be deemed rejected by the Agency. Once the initial Improvements have been completed and accepted by the City and the Agency, the Agency shall have no further liability with respect to any subsequent improvements to the Property of any nature or kind, unless it agrees thereto in a writing approved and executed by the Agency's Executive Director. d. The Improvements must be constructed, developed or installed in accordance with the approved plans and designs, and must have received any final inspection or approval required by the City. The Applicant, by accepting the proceeds of the Loan, represents that the true cost of designing, developing and constructing the Improvements (the "Improvement Cost") was in fact not less than the Estimated Cost submitted to and approved by the Agency prior to construction, unless the Applicant has notified the Agency in writing of a lesser Improvement Cost. The Applicant acknowledges that the Improvement Program permits the loan of not more than a designated percentage of the true Improvement Cost, and recognizes that the Agency, in making the Loan and entering into this Agreement, is relying on the Applicant's representation as to the Improvement Cost. The amount of the Improvement Cost which the Agency will pay by way of the Loan (the "Loan Amount ") is set forth in Schedule A hereto. It is agreed that any costs in excess of the Estimated Cost approved by the Agency at the inception of the process shall be the sole responsibility of the Applicant. If the Improvement Cost is less than the Estimated Cost, the Agency will reduce the loan on a pro rata basis. The CAM0046\DOC"207 -3.DOC 2 111111111111 IINNIANIII�NIIII�IIII�IMI � =�'w�' °�- Applicant shall, at the Agency's sole discretion, submit evidence reasonably satisfactory to the Agency which demonstrates the amount of the Improvement Cost actually expended. e. The Applicant must have delivered to the Agency the Deed of Trust (as hereinafter defined), fully executed and acknowledged and in a condition to be recorded, in a form satisfactory to the Agency in its sole discretion. 2.2 Compliance With Law The Applicant represents that the development of the Improvements was undertaken in compliance with all applicable laws, including without limitation, the City zoning ordinance, all other provisions of the City municipal code and building codes and requirements, all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. 2.3 No Discrimination The Applicant represents and agrees that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, or on the bases of a persons sexual orientation or domestic partnership status, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall any grantee of the Applicant or any person claiming under or through it, him or her, establish or permit any 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. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the preceding provisions. 2.4 Acceptance of Loan Proceeds The Applicant, by accepting the proceeds of the Loan, represents that the Improvements have been completed in full and that no further work needs to be done to complete the Improvements in accordance with the designs and plans approved by the ARC and /or other departments or agencies of the City having jurisdiction, that all legally required permits have been obtained and all legally required inspections have occurred and the Improvements approved, and that there are no mechanics or materialman liens on the Property, and further represents that all architects, engineers, contractors, subcontractors, materialmen, laborers or others providing services in connection with the design, development' and /or construction of the Improvements have been paid in full. 2.5 Access to Property Officers, employees, agents or representatives of the Agency and the City shall have the right of reasonable access to the Property during normal construction hours during the period of construction of the Improvements for the purpose of ensuring the Applicant's compliance with the terms and conditions of this Agreement. The Agency shall indemnify and hold the Applicant harmless from injury, property damage or liability arising out of the exercise by the Agency and /or the City of this right of access, other than injury, property damage or liability relating to the negligence of the Applicant or its officers, agents or employees. 2.6 Prevailing Wages THE APPLICANT ACKNOWLEDGES THAT CONSTRUCTION OF THE IMPROVEMENTS IS SUBJECT TO THE STATE OF CALIFORNIA PREVAILING WAGE LAW REQUIREMENTS (LABOR CODE SECTION 1720, ET SEQ.) AND THAT APPLICANT AND EACH OF ITS CONTRACTORS AND SUBCONTRACTORS IS CATH \0046 \FM\207 -3. DOC 3 �mum�usuiiiNi��ui�oiuiMi�nmi ,�,��n3n. REQUIRED TO PAY PREVAILING WAGES IN ALL WORK UNDERTAKEN IN THE DEVELOPMENT AND CONSTRUCTION OF THE IMPROVEMENTS. THE APPLICANT SPECIFCALLY INDEMNIFIES THE AGENCY, THE CITY AND EACH OF THEIR AGENTS, EMPLOYEES, OFFICIALS AND ATTORNEYS FROM ANY DAMAGE, LIABILITY OR MONETARY FINE ARISING OUT OF A BREACH OF THIS REQUIREMENT. UPON THE REQUEST OF THE AGENCY, CITY OR ANY AGENCY HAVING JURISDICTION OVER ANY ASPECT OF THE IMPROVEMENTS, THE APPLICANT SHALL, AT NO COST OR EXPENSE TO THE ASKING PARTY TIMELY PROVIDE ANY AND ALL DOCUMENTS SUBSTANTIATING THE APPLICANT'S COMPLIANCE WITH THIS SUBSECTION, INCLUDING, WITHOUT LIMITATION, PAYROLL, CONTRACTS AND OTHER RELATED RECORDS, AS APPLICABLE. THE APPLICANT ACKNOWLEDGES THAT NO EMPLOYEE OR AGENT OF EITHER THE CITY OR THE AGENCY HAS ANY AUTHORITY TO WAIVE OR MODIFY THIS REQUIREMENT IN ANY RESPECT. 2.7 Term The term of this Agreement (the "Term ") shall be as set forth in Schedule A, and shall commence on the date the Loan Amount is distributed. 3. Disbursement of Loan Proceeds, Recordation of Deed of Trust 3.1 Loan Proceeds Upon satisfaction of any condition precedent specified in this Agreement or otherwise reasonably required by the Agency, including, without limitation, evidence of the true amount of the Improvement Cost, completion of the Improvements, issuance of any certificate or permit required by the City and (where applicable) delivery of the Deed of Trust in recordable form, fully executed and acknowledged by the Owner, the Agency shall, within a reasonable time, pay to the Applicant the amount of the Loan Amount. If a Deed of Trust is being utilized, the disbursement will occur after recordation of the Deed of Trust. 3.2 Recordation. The Applicant has requested that its landlord permit the recordation of the Deed of Trust, in recordable form, and in a form acceptable to the Agency in its sole discretion. If the Deed of Trust is utilized it shall be fully executed and acknowledged by the Owner and shall be recorded by the Agency in the Official Records of Riverside County, California. The Deed of Trust shall secure faithful performance by the Applicant of all of the provisions of this Agreement. If a Deed of Trust is being utilized, the form so indicating in Schedule A shall be checked. If a Deed of Trust is not being utilized, the form indicating that fact shall be checked. 3.3 Interest and Repayment a. The Loan Amount shall bear annual interest at the rate of seven percent (7 %) from the date the Loan Amount is disbursed to the Applicant. b. The Loan Amount and all interest thereon shall be due in full in a single payment on the last day of the Term, unless forgiven by the Agency as provided in Section 6. 4. Maintenance of Improvements; Easement During the Term the Applicant, on behalf of itself and its successors and assigns to any portion of the Property which it controls, will maintain the Improvements in accordance with the maintenance standards (defined below). The Applicant understands and agrees that its failure to comply with these maintenance obligations shall be deemed a material breach of this Agreement entitling the Agency to exercise its default remedies as set forth below, which include, without limitation, the immediate CATH\0046000207 -3.DOC 4 IIIIIII RYINIII�IpI�IN114NIIVIYI ��`�,m °:��R collection from the Applicant of all amounts of the Loan. The Applicant and the Owner hereby grant to the Agency an easement with respect to the Property for the purposes of this Agreement as more particularly described in the Deed of Trust. The Owner's agreement to said easement is reflected by its execution of the Landlord Acknowledgement following the signatures at the end of this Agreement. 5. Maintenance Standards 5.1 Maintenance of Improvements During the Term, the Applicant shall maintain the Property and all other private and public improvements and landscaping which are a part of its leasehold, to the curbline(s) on, abutting or associated with the Property (the "Total Improvements ") in accordance with the Maintenance Standards. The Total Improvements shall include, but are not limited to, and to the extent that they are a part of the Applicant's leasehold, the Property, any buildings located thereon, sidewalks, signage, awnings, pedestrian lighting, landscaping, Building architectural elements and all other improvements on the Property and in the public right -of -way to the nearest curbline(s) abutting the Property. 5.2 Maintenance Standards The "Maintenance Standards" shall be comprised of all the following: a. The Total Improvements, to the extent that all of the same is part of the Applicant's leasehold, shall be maintained in conformity with commercial development maintenance standards for similar projects and shall not be allowed to deteriorate due to such reasons as chipped, cracked or faded paint. Awnings and canopies shall be kept in good condition, safely secured, fully intact, functional and attractive, and clean and free from tears, tattered edges or fading. Property signage shall be developed and maintained in accordance with City requirements and shall at all times be safely secured and in a proper operating condition, including without limitation, illuminated (if intended) and kept free of chips, cracks and broken glass or components. Windows, doors, latches and other improvements shall be fully functional, free of defects, and cleaned periodically as reasonably required to maintain an attractive appearance. b. Landscape maintenance shall include, but not be limited to: watering /irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. C. Clean -up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. d. The Maintenance Standards shall be conducted and completed in compliance with applicable federal, state and local laws and regulations. CATH\0046000207 -3. D X 5 111111111 au w�ss =,�. 5.3 Failure to Maintain a. In the event the Applicant does not comply with the Maintenance Standards in accordance with the requirements of this Agreement, the Agency shall have the right to enter upon the Property, or have its third party agents or contractors enter upon the Property, to maintain and /or_ repair any applicable portion of the Total Improvements to correct such deficiencies after written notice to the Applicant. However, prior to taking any such action, the Agency agrees to notify the Applicant in writing why the condition of said improvements does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by the Applicant to cure the deficiencies. Upon notification of any maintenance deficiency, the Applicant shall have fifteen (15) days within which to correct, remedy or cure the deficiency, unless advised of a shorter period to rectify the problem by City Code Enforcement Officers, before the Agency shall elect to commence such maintenance or repair activities. b. The Applicant agrees to pay any and all charges and costs incurred by the Agency in connection with conducting any maintenance or repair activities upon the Property. In addition, the Applicant shall be liable for any and all attorneys' fees, and other legal costs or fees incurred by the Agency in collecting said amounts from the Applicant. If a Deed of Trust is being utilized, the Applicant and the Owner further understand and agree that such costs and charges will be added to the Loan Amount due the Agency and secured under the Deed of Trust and subject to interest charges. Notwithstanding all the above, the Agency shall be under no obligation to maintain or repair the Total Improvements, or any portion thereof, following the Applicant's failure to do so. In such event, and whether or not the Agency elects to cure the offending condition(s), the Agency reserves the right, in its sole discretion, to declare an Event of Default (as hereinafter defined) under this Agreement and following the requisite cure period, exercise its default remedies under this Agreement, including without limitation, foreclosing upon the Deed of Trust, if applicable, to collect all amounts of the Loan, including interest and maintenance and repair costs, if any, incurred by the Agency. The Agency shall have the right in the event of an Event of Default to declare all sums due under this Agreement to be immediately due and payable. 6. Forgiveness of Loan In the event that the Term expires without an Event of Default occurring, the Agency shall forgive the full Loan and all accrued interest thereon, and, if applicable, shall provide the Owner with a release of the Deed of Trust. 7. Indemnification To the fullest extent permitted by law, the Applicant shall indemnify, defend, and hold harmless the Agency, the City, and their elective and appointive officials, boards, commissions, officers, agents, attorneys and employees (collectively, "Agency Parties "), from any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) arising, directly or indirectly, from the acts, omissions, negligence or willful misconduct of the Applicant or its contractors, subcontractors, employees, representatives or agents. The Agency Parties shall not be deemed to have waived any right against the Applicant which it or they may have by reason of the aforesaid indemnity, because of the approval by the Agency or the City of the plans, specifications and drawings for the Improvements. The Applicant's indemnity obligations under this Section 7 shall survive the expiration or termination of this Agreement. 8. Notices Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States CATH \0046 \1300207 -1DOC 6 111111111 llll am�m� =��• of mail, certified or registered, return receipt requested, with postage prepaid, addressed to the addresses provided in Schedule A. Any party may change its address for purposes of this section by giving the other party written notice of the new address in the manner set forth above. 9. Default 9.1 Any failure by the Applicant to perform any term or provision of this Agreement or the Deed of Trust (if applicable), including, without limitation, a failure to repay the Loan and interest thereon when due, shall constitute an " Event of Default if the Applicant does not cure such failure within thirty (30) days following written notice of default from the Agency. Upon the occurrence of an Event of Default, the Agency shall have the right, in addition to any other rights or remedies (a) to institute any action at law or in equity to cure, correct, prevent or remedy any Event of Default; (b) to recover damages, including, but not limited to, accelerating all sums due under the Loan Agreement, including interest and /or any other sums due to the Agency under the terms of this Agreement, for any Event of Default, and taking any action available to the Agency to collect the same; (c) to terminate this Agreement by written notice to the Applicant, or, if applicable, (d) exercise its rights under the Deed of Trust. The foregoing remedies, and any other remedies available at law or in equity, are not exclusive and the Agency may exercise any two or more, or portions thereof, if legally permissible, and in any order. In the event the Agency terminates this Agreement as provided above, neither party shall have any further rights or obligations hereunder, except for Applicant's indemnity obligations under Section 7, which shall survive such termination. 9.2 Any failure or delay by the Agency in asserting any of its rights or remedies as to any Event of Default shall not operate as a waiver of any Event of Default, or of any future Event of Default, or of any such rights or remedies or deprive the Agency of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 10. Miscellaneous Terms and Provisions 10.1 Severability If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable,. the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 10.2 Agreement is Final Contract This Agreement, together with the Agency's Improvement Program, represents the entire understanding of the Applicant and the Agency as to those matters contained herein. In the event of any conflict between the provisions of this Agreement and the Improvement Program, the provisions of this Agreement shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. In the case of the Agency, the authorized party is the Executive Director or such other representative as designated in writing or by minute order or resolution taken in an open session of the Commission. 10.3 No Third -Party Beneficiary Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any - CATH\0046TOC\207 -3.DOC 7 1111111111111111111111111111111111111111111111111111111 �`w'a�' person other than the parties to it, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party hereto or give any third person any right of subrogation or action over or against any party to this Agreement. Nothing herein shall be construed to create a partnership, joint venture or similar arrangement between the parties hereto. 10.4 Governinq Law; Venue The laws of the State of California shall govern the interpretation and enforcement of this Agreement without reference to principles of conflict of laws. Venue for any action brought under this Agreement shall be in the Superior Court of Riverside County, California. 10.5 Authority Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. 10.6 No Agency Relationship Neither the Applicant nor any of the Applicant's agents, contractors or subcontractors are or shall be considered to be agents of the Agency in connection with the performance of any of the Applicant's obligations under this Agreement. 10.7 Time is of the Essence. Time is of the essence in the performance of this Agreement. 10.8 Counterparts This Agreement may be executed in counterparts, and the counterparts shall be considered as entire and valid Agreements. 10.9 Neutral References In this Agreement, the Applicant may be referred to as "it ", "him" or "her". Each of such references shall be deemed to include the others. 10.10 Attorneys' Fees In the event of a breach of this Agreement or the Deed of Trust (if applicable), the prevailing party in any lawsuit or arbitration shall be entitled to recover its reasonable attorneys' fees and costs. [END OF PAGE] CATI \0046000207 -3.DOC 8 IYIII IwIII IIII IIII IIUII IIn MINI ll n1111 . �'.ma;��• IN WITNESS WHEREOF, the Agency and as of the dates set forth below -the Applicant have caused this Agreement to be executed r� .. Secre APPROVED AS TO FORM: AGENCY REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY, a public body corporate and politic By: A4 l ` /�M je Executive Director Date of Signature: nn j l9 , Agency Counsel APPLICANT [name and type of entity to be specified] By: -�L- Name: '4 � Aof �^- — Its: IF By: Name: Its: Date of Signature: �_� �'� �;� c �2 0 ' [LANDLORD ACKNOWLEDGEMENT AND CONSENT ON FOLLOWING PAGE] - CATH\0046\DOC\207 -3.DOC �t IN •����wr LANDLORD ACKNOWLEDGEMENT AND CONSENT Redevelopment Agency of the City of Cathedral City 68 -700 Avenida Lalo Guerrero Cathedral City, California 92234 Attention: Executive Director To Whom It May Concern: I have read and reviewed the foregoing Agreement. Defined terms used herein shall have the meaning ascribed to them in the Agreement above. Notwithstanding any language in a lease, rental or similar agreement to the contrary, this letter will serve as my authorization to allow my tenant, t x . ,-L4 (aJ, 4 Name o C 2-35 �. Address to proceed with improvements to the Property described in S hedule A of the above Agreement, located at: - A 0V(1 Wk , in conjunction with the Redevelopment Agency of the City of Cathedral City's Commercial Improvement Program (the "Program "). I understand and agree that the Program imposes certain obligations upon the Applicant and encumbrances upon the Property. I have been provided with the opportunity to review the Program and to consult with independent legal counsel regarding its obligations and have either done so or have waived the opportunity to do so. I also understand that these obligations include without limitation, the requirement that the Property be maintained and operated in accordance with certain standards which are set forth in the Agreement. I consent to the easement afforded to the Agency in Section 4. If applicable, I acknowledge that a Deed of Trust, Easement and Covenants (defined in the Agreement as the "Deed of Trust ") has been or will be recorded upon the Property in the Official Records of Riverside County, California, for the Term described in Schedule A to the Agreement, to secure the Loan and other obligations of the Applicant. If applicable in this transaction, I hereby consent to the recordation of the Deed of Trust upon my Property for the Term as required under the Program. I further acknowledge and agree that, as between the Applicant and the Agency, payment of all costs associated with the proposed Property Improvements will be the sole responsibility of the Applicant, and that the Redevelopment Agency shall have no obligation to pay any persons providing materials or performing labor or to cause the release of any mechanics or other liens that may be recorded against the Property in connection with the proposed improvements. Property Ow der Phone i YV iV V 1 Date of Signature: L�) Address CATH\0046000207 -3. DOC 10 111111111111 ItlI�IIII�III�IIIIIIII�IIIYI 1&/08 2 4 SCHEDULE A TO LOAN AGREEMENT (COMMERCIAL IMPROVEMENT PROGRAM) (TENANT APPLICANT) Applicant: Name: LiJ1�CvizU ��I�T - G�i4tZ Building 5 � lding Address: 3 _ M5 1 PAZw. C-A, ,411 -. NEA V1 Type of Entity : vrij If Deed of Trust is NOT being utilized, check here: If Deed of Trust IS being utilized, check here: _ in which case the Property legal description is as follows: [Check here if legal description is attached as Exhibit "1"] Lots 138 and 139 of Sunair Tract #3 in Cathedral City as per map recorded in Book 30 pages 15 and 16 of Maps in the office of the recorder of said County. Except that portion of Lot 139 as per map on Sunair Tract No. 3, in the County of Riverside recorded in Book 30 page 16 of Maps, described as follows: BEGINNING at the Southwest comer of the said Lot 139; thence North 22° 36' 00" East, along the Northwesterly line of said Lot 139,. a distance of 13.06 feet; thence Southeasterly on a curve concave to the Northeast, having a radius of 13.00 feet, through an angle of 90° 15' 57", an arc length of 20.48 feet to a point of the Southwesterly line of said Lot 139; thence Northwesterly, along the Southwesterly line of said Lot 139, on a curve concave to the Northeast, having a radius of 2,814.93 feet, through an angle of 00° 15' ST', an arc length of 13.06 feet (the initial radial line bears South 22° 20' 03" West), to the point of beginning. J Cost of Improvements: $ 1,00 Z�1 . �► y Loan Amount: $ 30 . & • 9 - Term of Agreement: �3 years Addresses for the Giving of Notice: Agency: Redevelopment Agency of the City of Cathedral City 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attention: Executive Director Applicant: .i ' - . Owner: k'M kited G -iF'SEhJ !I 3 '11 P1 Aj& IV, , Sf. PA-U,,. A�g�tZ� Gr4— G12 C.a CATM0046000207 -3.DOC I 1 1 Ill IIII IIIIIII VIII IIII IIIIII IIII IIIIII ��� IIIIIII II IIII f3r� ©s 5 of 25 Qf3