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HomeMy WebLinkAbout2003-06-02 - Grant REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, This Document w electronically recorded-by First 1werican Title,B� "IE001MING peQUEETED 6Y i IRST Apv4,FRICrAN TITLE COMPANY NATIONALICOMMERCIAL SERVICES Recorded in Official Records, County of.Orange COMMERCIAIJINDUSTRIAL DIVISION Tom Daly; Clerk-Recorder I _ 9 Recbrding.Requested by: I I II IIII I� II III II �I I„I;II_ Illl�i! 30 00 ` �00300v702073 04.1 Tprrm 06/16/03 Redevelopment Agency of the 118 59 G02 13 City of Huntington Beach 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 b`� Al 9 IP50' When Recorded Return to and Mail to: 17 , Agency Clerk : �g 1� 1-43 c . Redevelopment Agency of the ` w ' City of Huntington Beach 2000 Main Streety -" , ._ ` r" (` Huntington Beach, CA 92683 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, of the State of California, herein called "Agency," acting under the Community Redevelopment Law(California Health and Safety Code §§ 33000, et seq.)-of the State of California, hereby grants to,,LGBwS,ECURITIES�`JL.P. a California limited partnership, herein called ' Grantee," the real property, hereinafter referred to as.the "Property," whose legal description and map are set forth in Exhibit "A," which is incorporated herein. 1. Agency excepts and reserves from the conveyance herein described any existing street; proposed street, or portion of any street or proposed street lying outside the boundaries of the Property, which might otherwise pass with a conveyance of the Property. Agency excepts and reserves from the conveyance herein described all interest of Agency in oil, gas, hydrocarbon substances and minerals of every kind and character lying more than five hundred (500) feet below the surface, together with the right to drill into, through, and to use and occupy all parts of the Property lying more than five hundred (500) feet below the surface thereof for any and all purposes incidental to the exploration for-and production of oil, gas, hydrocarbon substances or minerals from the Property or other lands, but without, however, any right to use either the surface of the Property or any portion thereof within five hundred (500) feet of the surface for any purpose or purposes whatsoever, or to use the Property in such a manner as to create a disturbance to the use or enjoyment of the Property. 2. The Property is conveyed in accordance with and subject to the Redevelopment Plan which was approved and adopted by Ordinance No. 3343 of the Council of the City of. Huntington Beach (the "City") on December 16, 1996, as amended, and the General Plan of the City approved by Council of City on May 13, 1996, by Resolution No. 96-36, as amended. Copies of the Redevelopment Plan and General Plan are on file with the City Clerk of the City of Huntington Beach at its offices as a public record and which are incorporated herein by reference. Page 1 of 9 " G:AAGREEMT\2002\438 Main Street.doc 3. Grantee hereby covenants and agrees for itself, its successors, transferees, assignees and every successor in interest to the Property that the Property shall be devoted only to the development permitted and the uses specified in the applicable provisions of the Redevelopment Plan, the City's General Plan, the City Municipal Code and this Grant Deed, whichever document is more restrictive. 4. Grantee hereby covenants and agrees for itself, its successors, transferees, assignees and every successor in interest to the Property that: (a) Solely at Grantee's expense, Grantee or Grantee's successor in interest shall reasonably maintain the improvements on the Property in good condition and appearance. Grantee shall keep the Property reasonably free from any accumulation of graffiti, debris and/or waste materials; (b) Grantee shall also maintain the landscaping on the Property in a reasonably healthy condition; and (c) If, at any time, Grantee fails to maintain the Property as required by this Section, and such failure is not corrected within thirty (30) days after the date of written notice from Agency, either Agency or the City may perform the necessary landscape or other maintenance, or other actions and Grantee shall pay all costs incurred for such maintenance. 5. From ten (10) years from the date of recording of this deed, Grantee covenants that for itself and its successors, its assigns and every successor in interest to the Property, Grantee shall not apply to the City for any land use entitlement or building permit for the Property without first applying to and obtaining a certificate of compliance from the Executive Director of the Agency or his designee that the proposed land use or building permit is consistent with the Redevelopment Plan. Agency shall not unreasonably withhold issuance of the certificate of compliance. Agency has the right, at its election, to reenter and take possession of the Property,with all improvements thereon, and terminate and revest in Agency the Property if Grantee (or its successors, transferees or assignees) shall obtain any land use entitlement or building permit for the Property without obtaining prior approval from the Agency Executive Director that the proposed use or building permit complies with the Redevelopment Plan. 6. Agency makes no warranty as to the presence or absence-of any Environmental Contamination of the Property. Grantee takes the Property "as is." Grantee is responsible for determining the extent of any Environmental Contamination to the Property, and shall comply with all Environmental Laws in remediating and disposing of any Environmental Contamination of the Property. The term "Environmental Contamination" means contaminants or other toxic or hazardous substances, materials, constituents or wastes, including without limitation, all the following: any hazardous, toxic, corrosive, reactive, ignitable, carcinogenic or reproductive toxic substance, material,product, compound, chemical or waste (including, without limitation, petroleum, including crude oil or any fraction thereof, asbestos or asbestos-containing materials, flammable explosives, radioactive materials, and polychlorinated biphenyls) as defined in or Page 2 of 9 G:\AGREEMT\2002\438 Main Street.doc regulated by any Environmental Laws. "Environmental Laws" mean the Comprehensive Env=ironmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.) and any other Federal, state or local statutes or the regulations regarding Environmental Contamination. 7. Grantee shall furnish or cause to be furnished to the Agency the following certificates of insurance in connection with any work of.improvement to the Property pursuant to issuance of a certificate of compliance: (a) General Liability Insurance. Commercial general liability insurance, including Broad Form Property Damage, Personal Injury Liability, Product and Completed Operations Liability, Fire Legal Liability, Business Automobile Bodily Injury and Property Damage Liability extending to owned, non-owned and hired vehicles of Grantee or the General Contractor used in performance of any Grantee's obligations hereunder, amended as necessary to comply with governmental requirements. Such coverage shall insure on an occurrence basis against claims for "personal injury" and "property damage," including but not limited to bodily injury, death or property damage occurring upon, in or about the Property, including construction and staging areas, or any adjoining sidewalk, streets, and passageways. Such coverage shall take effect and afford protection on or prior to the issuance of any certificate of compliance. Such policy shall have an initial minimum coverage limit per. occurrence of not less than $3,000,000 with respect to personal injury or death to any one or more persons or damage to property (i.e., combined single limit), and carry a deductible per occurrence of not more than $25,000. (b) Worker's Compensation Insurance. Worker's compensation insurance, to be carried by Grantee or the Grantee's General Contractor, in an amount and form sufficient to meet all applicable governmental requirements, and employer's liability coverage to a limit of not less than $1,000,000, with respect to personal injury or death to any one or more persons or damage to property. Such policies shall cover all persons providing labor or services to or on behalf of Grantee and the general contractor, and all risks to such persons arising out of construction, use or occupancy of the Property. 8. Each Insurance Policy required under Section 7 shall: (a) Be in form and substance as is then standard in California for policies of like coverage; (b) Be issued by insurance carriers qualified and licensed to engage in the insurance business in the State of California and having a current Policyholder's Management and Financial Size Category Rating of not less Page 3 of 9 G:\AGREEMT\2002\438 Main Street.doc than "A X" according to A.M..Best's Insurance Reports Key Rating Guide (unless such-rating is not.commercially available at a reasonable cost, as reasonablydetermined by the Director) or if such rating system shall cease, then of recognized financial responsibility approved by the Agency in writing; (c) Provide coverage on an occurrence basis; (d) Contain a waiver by the insurer of the right of subrogation against Agency, the City and their respective.board members, officers, employees, agents and representatives. (e) Include the following endorsements: (i) Additional named insured: "The City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach, their elective and appointive boards, officers, agents and employees are added as additional name insureds with respect to this subject project and contract with the Agency. (ii) Notice: "Said policy shall not terminate nor shall it be canceled or the coverage reduced until after thirty (30) days written notice is given to the City and the Agency." (iii) Primary coverage: "Said policy and coverage as is afforded to the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach, their elective and appointive boards, officers, agents and employees shall be primary insurance and not contributing with any other insurance maintained by the City of Huntington Beach or the Redevelopment Agency of the City of Huntington Beach." 9. Grantee covenants that, for itself and its successors, its assigns and every successor in interest to the Property, Grantee shall protect, defend, indemnify and.hold harmless City, Agency, and their officers, employees and agents from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs'(including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind), arising out of the Property, including, but not limited to any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and.fees of litigation Page 4 of 9 G:AAGREEMTl2002\438 Main Street.doc (including arbitration) of every nature or liability of any kind), arising out of, resulting from, or in connection with, directly or indirectly, any and all Environmental Contamination. 10. Grantee covenants that for itself and its successors, its assigns and every successor in interest to the Property, it agrees to and shall indemnify and hold the Agency, the City, and their officers, employees and agents harmless from and against all liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person directly or indirectly caused by any acts done thereon or any errors or omissions of the Grantee or its agents, servants, employees or contractors, except for the active negligence or willful misconduct of the Agency. 11. Grantee covenants by and for itself and any successors, transferees and assignees that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Grantee 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. The foregoing covenants shall run with the land. Grantee shall refrain from restricting the rental, sale or lease of the Property on the basis of race, color, religion, sex, marital status, ancestry or national origin of any person. All such. deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assignees, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee or any 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, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assignees, and all persons claiming under or through him or her,and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color,. creed, religion, sex, marital status, national origin, or ancestry Page 5 of 9 G:\AGREEMT\2002\438 Main Street.doc in the leasing, subleasing, transferring, use, occupancy, tenure,.or enjoyment of the premises herein"leased nor shall the lessee himself or herself, or any 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 premises herein leased." (c) In contracts: "There shall be no discrimination against or segregation of, any, person, or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any 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, subtenants, sublessees or vendees of the premises." 12. All conditions, covenants and restrictions contained in this Grand Deed shall be covenants running with the land, and shall, in any event,_and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable,by Agency, its successors, transferees, and assignees, and the City and its successors, transferees and assigns, against Grantee, its successors, transferees and assignees, to or of the Property conveyed herein or any. portion thereof or any interest therein, and any party in possession or occupancy of the Property or portion thereof. 13. All of the terms, covenants and conditions of this Grant Deed shall be binding upon Grantee and its permitted successors, transferees and assignees. Whenever the term "Grantee"is used in this Agreement, such term shall include any permitted successors, transferees and assignees. Notwithstanding anything to•the contrary in this Grant Deed including, without limitation, any reference in this Grant Deed to "successors," "transferees" or "assignees" or any reference herein to any covenants, conditions and restrictions running with the land. Every other covenant and condition and restriction of this Grant Deed shall remain in effect until the end of the Redevelopment Plan. The covenants against discrimination set forth in paragraph(5) of this Grant Deed shall remain in perpetuity. In amplification and.not in restriction of the provisions set forth hereinabove, it is intended and agreed that Agency is deemed the beneficiary of the terms and provisions of this Deed and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit the covenants running with the land have been provided, without regard to whether Agency has been, remains, or is an owner of any land or interest therein in the Property. 14. In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that Agency is deemed the beneficiary of the terms and provisions of this Deed and of the covenants running with the land, for and in its own right and for the purposes of Page 6 of 9 GAAGREEMT\2002\438 Main Street.doc protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit the covenants running with the land have been provided, without regard to whether Agency has been, remains, or is an owner of any land or interest therein in the Property. Agency shall have the right, if the covenants are breached, to exercise all 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 breaches. The covenants contained in this Grant Deed, without regard to technical classification, shall not benefit or be enforceable by any owner of any other real property within or outside the Redevelopment Plan Project Area, or any person or entity having any interest in any other such realty. 15. No violation or breach of the covenants, conditions, restrictions,provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair or change any mortgage or deed of trust or security interest placed on the property; provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations, and provisions, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise, and further that if the Agency exercise its rights to re-enter and take possession of the property, it shall do so subject to any mortgage, deed of trust or security interest. 16. Both Agency, its successors, transferees and assignees, and Grantee, and the successors, transferees and assignees of Grantee in and to all or any part of the fee title to the Property shall have the right with the mutual consent of Agency to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements or restrictions contained in this Grant Deed without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property. However, Grantee and Agency are obligated to give written notice to and obtain the consent of any first mortgagee-prior to consent or agreement between the parties concerning such changes to this Grant Deed. [SIGNATURES ON THE FOLLOWING PAGE] Page 7 of 9 G:\AGREEM712002\438 Main Street.doc IN WITNESS WHEREOF, Agency and Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this =�`'`C day of Agency-Agency: REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic DATED: Z- e23 Chairperson ATTEST: DATED: .ZOO 3 Agency Clerk APPROVED AS TO FORM: S-3,9 DATED: Agency General Counsel f j�( !i/%103 Grantee hereby accepts this Grant Deed, subject to all,of the matters hereinbefore set forth. LGB SECURITIES, lifornia limi d partnership By: DATED: 611 il" s A izer`at; eneral er Pave 8 of 9 G:AAGREEMTV2002\438 Main Street.doc IN WITNESS WHEREOF, Agency and Grantee have caused this instrument to b executed on their behalf by their respective officers hereunto duly authorized this day of Agency-Agency: REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic � DATED:904'aw �. U3 ap Chairpefson nz t a ATTEST,;'- 71. DATED: Agency Gl`erk r APPROVbD ASS TO DATED: 4,,-Agency, . 5�a0103 -Gerie,ral T Counsel Grantee hereby accepts this Grant Deed, subject to all of the matters hereinbefore set forth. LGB SECURITIES, L.P., a California limited partnership By: DATED: Gilles Aouizerat, General Partner Page 8 of 9 G:AAGREEM7\2002\438 Main Street.doe STATE OF CALIFORNIA ) ss.' COUNTY OF 6 vckwrw dve d On before me, �,. �, ,��rsonally appeared ` , personally known to mew to be the person(s) whose name(s) is are ubscribed to the within instrument and acknowledged to me that he/shef-11eyj executed the same in his/her R uthorized capacity(ies), and that by his/he eir signature(s) on the instrument erson(s), or the entity upon behalf of which t e person(s) acted, executed the instrument. WITNESS my hand and official seal. 4e Signature KELLY LOUISE MANDIC Commission# 1372899 Z -r Notary Public - California ; Orange County My Comm.Expires Sep 1,2006 r Page 9 of 9 G:\AGREEM112002\438 Main Street.doc CALIFORNIA ALL-PURPO* ACKNOWLEDGMENT 8 State of Calif. Al I County of Orange On 6 -4- 0 before me, Susan L. Caine, Notary Public i Date Name and Title of Officer e.r ( g.,"Jane Doe,Notary Public") � :;ersonally onaly appeared �--� ���' S o Name(s)of Signer(s) known to me—OR—CI proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the 3 _ same in his/her/their authorized capacity(ies), and that by '7 i� susAu L. CA NE his/her/their signature(s) on the instrument the person(s), COMM. #1312550 or the entity upon behalf of which the person(s) acted, . .�®o o NOTARY PUBLIC-CALIFORNIA q executed the instrument. . ORANGE COUNTY ro ) " My Comm. Exp. Aug. 6, 2005------ -----------__.__ WITNESS my hand and official seal. r _ >l Signat re of Pu is J OPTIONAL �� Though the information below is not required b law, it may rove valuable to persons relying on the document and could prevent 9 A Y YP P Y� 9 fraudulent removal and reattachment of this form to another document. f ; Description of Attached Document � Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: � Ca acit ies Claimed by Signer(s) r� Signer's Name: Signer's Name: ❑ Individual ❑ Individual � ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General El Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ El Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator I To of thumb here To of thumb here I ❑ Other: p El p Signer Is Representing: Signer Is Representing: , r� I ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod,No.5907 Reorder:Call Toll-Free 1-800-676-68827 j i Exhibit A Legal Descripticih and Map All that certain land situated in the State of California, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, described as follows: LOTS 38 and 39 IN BLOCK 403 OF HUNTINGTON BEACH, MAIN STREET SECTION, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 43 .OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. I i Page 1 of 2 1 i 09 v fa�JE 024- 1 3 e ACAC14 AVENLE 5 se a-A---- 25---®a ;9� 17 23 N;Toy • 22..2C m• A p. / t~ir 0 2 21 BLK.ro.,T506 2e I' = 100' 4 J 27 _ ♦♦ 6 rs r! 26 � ♦ BLK. 505,,., �♦ f 24 a 7 23 ♦�'♦ 23 8 6 e5 .22 - � sd° �� 2440 0. 26 4-7 25 v n a TRACT > g 21 GP o� J ' O _ PECAN AVENUE _ �' PAO.TCT 9.17-19-954-276 3 e ' 77� IT / i 1 LOTS I A 2 kJ. �x AS 12 --=zo 24 13 42 29 i3 . '!5�� 13 CD 26 K, 25 - L!°B AC. 31 0 \ i y '�/4J4 1 i J `/ J I!12 N 2t 2, 2s 12 0 2 , y 133 NO. f4122 p�a� 13,4 ��lr O r1 t4 O zo ,,. 27 ;: TRACT BLK. ^'74OR 32 n,r. LOT a 28 „. !, ., a �' 27 lOT B w• r9 v� o ��,�' BLK. ,., 403 22 9 '1 �rJ - - - n�rl .0 0 18 17 16 15 214 C33F� - 30 !2 !1 m iJ .r ar u s.• 309 ;, w ti •g 14 15 ms ,yy. wT• n-LOT C 26 s{ .. 4 roo•rl 3 404 Q1• T -�it 7 'S -�-- .--_. nn�sf L 35..:r'•r16 9q 10r11 !7• O're� ! .;.. tiJ 6 � - 19--- � 2 " 'r• R 36 tea, r5 1 _t2---= `-_O_-25 19 ^ BEACH _ — Y NO. 2900! i — i� e ORANGE - ` ^ AVENUE 14 $Q r C N' MARCH 1948 HLINTINCTON BEACH. rN,ln sr. sm) M.M. 3-43 NOTE_ ASSESSOR'S BLOCK 4 A55£SSOR'S MAP TRACT NO. 12900 M.M. 621-42 TO 47 INC. PARCEL NUMRERS BOOK 024 PACE 13 TRACT NO. 14122 M.M. 656-11.12 SHOWN IN CIRCLES COUNTY OF ORANGE First American Title Insurance Company THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE DO NOT RECORD FILOR REQUESTS DO NOT RECORD STAMP VALUE Document No. DECLARATION OF TAX DUE: SEPARATE PAPER: (Section 11932-11933 Revenue&Taxation Code) AND REQUEST THAT AMOUNT OF TAX NOT BE MADE A PART OF THE PERMANENT RECORD IN THE OFFICE OF THE COUNTY RECORDER Request is hereby made in accordance with the provisions of the Documentary Transfer Tax Act that the amount of tax shall be shown on this statement which shall be affixed to the document by the Recorder after the record is made and before the original is returned as specified in Section 27321 of the Government Code. APN: The Redevelopment Agency of the City of Huntington Beach, a public body corporate and politic,of the State of California ("Grantor") and LGB Securities, L.P. a California limited partnership ("Grantee") Property described in said document is located in:the City of Huntington Beach, Orange County,CA. City Conveyance Tax is$ Survey Monument Preservation Fund is$ ( x) Computed on the consideration or value of property conveyed; or ( ) Computed on the consideration or value less liens or encumbrances remaining at time of sale Documentary Transfer Tax is $ 1,045.00 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 6-16-2003 S gnature of Declarant Maricel Borras Print Name i I I i 2) 3�--COMPLETE & RETURrT BOEiS02 A(Front) Rev. 4(8-02) File NO. NCS 24071-SA1 (mb) ' COUNTY AS#R'S OFFICE PStELIMINARY CHANGE OF OWNERSHIP REPORT FOR RECORDER'S USE ONLY (To be completed by transferee(buyer)prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's Office for the county where the property is located;this particular form may be used in all 58 counties of California. THIS REPORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSFEROR: City of Huntington Beach Redevelopment Agency BUYERITRANSFEREE: L G ) )I LS L. ASSESSOR'S PARCEL NUMBER(S): 024-134-02 PROPERTY ADDRESS OR LOCATION: 438 Main Street FOR ASSESSOR'S USE ONLY Huntington Beach,CA CLUSTER OCS OC2 MAIL TAX INFORMATION TO: Name: 0 (21TDT INT Address: o"( 1 "-T RC SP$ DTT$ #PCL NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year,July 1 through June 30. One-half of these taxes is-due November 1, and one-half is due February 1: The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. If this transfer occurs after January 1 and on or before December 31,you may be responsible for the second installment of taxes due February 1. The property,which you acquired,may be subject to a supplemental assessment in an amount to be determined by the County Assessor, For further information on your supplemental roll obligation,please call the County Assessor's Office. PART I: TRANSFER INFORMATION (please answer all questions) ❑ Yes 0 No A. Is this transfer solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement,etc.)? ❑ Yes F-A] No B. Is this transaction only a correction of the name(s)of the person(s)holding title to the property? (For example,a name change upon marriage.) ❑ Yes © No C. Is this document recorded to create,terminate,or reconvey a lender's interest in the property? ❑ Yes 0 No D. Is this transaction recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest(e.g.cosigner)? ❑ Yes ® No E. Is this document recorded to substitute a trustee under a deed of trust, mortgage,or other similar document? ❑ Yes 0 No F. Did this transfer result in the creation of a joint tenancy in which the seller(transferor)remains as one of the joint tenants? ❑ Yes ® No G. Does this transfer return property to the person who created the joint tenancy(original transferor)? H. Is this transfer of property: ❑ Yes 0 No 1. to a trust for the benefit of the[ ]Grantor [ ]Grantor's spouse? ❑ Yes © No 2. to a trust revocable by the transferor? ❑ Yes ® No 3. to a trust from which the property reverts to.the grantor within 12 years? ❑ Yes No I. If this property is subject to a lease,is the remaining lease term 35 years or more including written options? Yes No *J. Is this a transfer between [ ]parent(s)and child(ren)? [ ]or from grandparent(s)to grandchild(ren)? ❑ Yes 0 No *K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? [ ]Yes [ ' ]No ❑ Yes © No *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? Within the same county?[ ]Yes [ ] No *If you checked yes to J, K, or L,you may qualify for a property tax reassessment exclusion,which may result in to`weir taxes ori-your' If you do not file a claim,your property will be reassessed. Please provide any other information that would help the Assessor to understand the nature of the transfer. If the conveying document constitutes an exclusion from a change in ownership as defined in Section 62 of the Revenue and Taxation Code for any reason other than those listed above,set forth the specific exclusions claimed: Please answer all questions in each section. If a question does not apply,indicate with W/A.'Sign and Date at bottom of second page. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B. Type of'transfer. (please check appropriate item). [X] Purchase [ ] Foreclosure [ ]Gift [ ]Trade or Exchange Pq Merger,Stock,o artnership Acquisition [ ]Contract of Sale-Date of Contract L4 / �+;� 3 [ ]Inheritance-Date of Death [ ] Other(please explain): F9 0 V' [ ]Creation of a Lease [ ] Assignment of a Lease [ ] Termination of a Lease [ ] Sale/Leaseback [ ] Date Lease Began �Q�3 [ ]Original term in years(including written options) lot, i [ ] Remaining term in years(including written options) A 9211 Monthly Payment Remaining Term: 1 -if -�j C. Was only a partial interest in the property transferred? [ ]Yes [j QNo If yes indicate the percentage transferred: % i Reproduced by First American Title Insurance 3/2003 l� I B0E-502-A'(Back) Rev. 4(8-02) File No, NCS-24071-SA1 (mb) PRELIMINARY CHANGE OF OWN&IP REP MP eETE � �ZET Please answer,to the best of your know/edge,a//app/icab/e questions,t en sign an date. If a question does not apply,indicate with N/A,' PART III: PURCHASE PRICE &TERMS OF SALE A. CASH DOWN PAYMENT OR Value of Trade or Exchange(excluding closing cost) Amount: 8 S, B. FIRST DEED bF TRUST @ 5-4-S%Interest for I years. Payments/Mo=$ '�" O v� (Prin.&Int.) Amount: 5, [ ]FHA [ ]Fixed Rate [ ]New Loan [�Conventional [ ]Variable Rate [ ]Assumed Existing Loan Balance [ ]VA [ ]All Inclusive D.T.($ Wrapped) [ ]Bank or Savings&Loan [ ]Cal-Vet [ ]Loan Carried By Seller [ ]Finance Company Balloon Payment [>{]Yes [ ]No Due Date _ Amount: C. SECOND DEED OF TRUST %Interest for ye rs. Payments/Mo=$ (Prin.&Int.) Amount: [ ] Bank or Savings&Loan [ ] Fixed Rate [ ] New Loan [ ] Loan Carried by Seller [ ]Variable Rate [ ]Assumed Existing Loan Balance Balloon Payment [ ]Yes [ ]No Due Date_ Amount: D. OTHER FINANCING—Is other financing involved not covered in(B)and(C)above? [ J Yes L,--15No Amount: Type %Interest for years. Payments/Mo=$ (Prin.&Int.only) [ ] Bank or Savings&Loan [ ] Fixed Rate [ ].New Loan [ ]Loan Carried by Seller [ ]Variable Rate [ ]Assumed Existing Loan Balance Balloon Payment [ ]Yes [ ]No Due Date Amount: E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? [ ]Yes ]><No Outstanding.Balance: Amount: F.—TOTAL PURCHASE PRICE (or acquisition price,,if traded or exchanged,include real estate commission dpaid) Total Items A through E G. PROPERTY PURCHASED [4 Through a broker [ ]Direct from seller [ ]From a family member [ ]Other(please explain): If purchased through a broker,provide broker's name and phone number: 5Aa1'CA¢ V— Please explain any special terms,seller concessions,or financing and any other information that would help the Assessor understand the purchase price and terms of sale: PART IV: PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFERRED: [ ]Single-Family Residence [ J Agricultural [ ]Timeshare [ ] Multiple-family residence(no.of units: ) [ ]Co-op/Own-your-own [ ] Manufactured home [x]Commercial/Industrial [ ]Condominium [ ] Unimproved lot [ ]Other(Description:i.e.,timber,mineral,water rights,etc. ) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? [ ]Yes [4 No If yes,enter date of occupancy J or intended occupancy month day year month day year C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE(i.e.,furniture,farm equipment,machinery,etc.) (other than a manufactured,home subject to local property tax?) [ ]Yes >4No If yes,enter the value of the personal property included in the purchase price$ (Attach itemized list of personal property.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? [ ] Yes >4 No (,� (� If yes, how much of the purchase price is allocated to the manufactured home?$ Fn. lJ`'iE m P V/7 f Is the manufactured home subject to local property tax? [ ] Yes [ J No What is the decal number? ppplll"1 I;i 'f E. DOES THE PROPERTY PRODUCE INCOME? L><Yes [ ]No If yes, is the income from: APR 282003 [x]'Lease/Rent [ ]Contract [ ]Mineral Rights [ ]Other(please explain): F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? [ ]Good [ ]Average [ ] Fair L--J Poor 6 Please explain physical-condition of the propertyand provide any=other_information(such as restrictions, etc.)that would assist the Assessor in determining the v lue of the prope w CERTIFICAT N OWNERSHIP TYPE (check) Proprietorship [ ] Partnership [x] I certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Corporation- [ ] This declaration is binding on each and every co-owner and/or partner, Other [ ] I NAME OF TRANSFEREE O OFFICER OF TRANSFEREE(typed oip/ii�.ed) E SIGNATU F FREE O CER OF TRA ER E' DATE 2 NAM F N typed r nted) F RAL PLOY R I NUMBER o(p et WY ADDRESS(typedorprinted) EPHONE NUMBER DATE NOTE: The Assessor may contact you for further information i If a document evidencing a change of ownership is presented to the recorder for recordadon without the concurrent filing of a preliminary change of ownership report,the recorder may charge an additional fee of twenty dollars($20.00). Reproduced by First American Title Insurance 3/2003 Gity of Huntington ton Beach 2000 MAIN STREET _ CALIFORNIA 92648 s DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment `714/536-5582 FAX 714/375-5087 Housing 714/536-5542 June 2, 2003 Ms. Maricel Borras First American Title Insurance Company 1 First American Way Santa Ana, CA 92707 RE: NCS-24071-MB We are hereby transmitting the Original Grant Deed for the subject transaction signed by the Redevelopment Agency,together with the updated Rent Statement, for deposit into escrow. You are hereby instructed*to,obtain the signature of the Buyer on the.Grant Deed prior to the close of escrow. The Redevelopment Agency requires that you fax a copy of the Buyer/Grantee's signature page on the Grant Deed to me at (714) 375-5087 prior to close of escrow. After receipt of the page with the Buyer/Grantee signature, I will then telephonically authorize close escrow and that the Grant Deed be recorded. Please do not hesitate to contact me at (714) 536-5909 if I can answer any questions. Sincerely yours, I David C. Biggs Director of Economic Development Deputy Executive Director Cc: City Clerk City Attorney Director of Administrative Services I i I