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HomeMy WebLinkAbout1984-04-17; City Council; 7133-1; Acceptance of deed of trustGIT" F CARLSBAD - AGENDA ILL AB#. MTfi 4/17/84 PERT. RE D TITLE'"ACCEPTANCE OF DEED OF TRUST AND PROMISSORY NOTE FOR TYLER PROPERTIES, LTD. SENIOR HOUSING PROJECT DEPT. CITY ATTY CITY MJE& CLU occa. o RECOMMENDED ACTION: It is recommended that the City Council accept the Deed of Trust and Promissory Note from Tyler Properties, Ltd. as conditioned in the Senior Housing Ordinance. ITEM EXPLANATION: J? / ^ On August 24, 1982, the City Council approved CUP(27JJ, a permit to construct a 75 unit senior citizen housing projector 3363 Tyler Street. Pursuant to the provisions of the Senior Housing Ordinance, Section 21.18.045, the applicant is permitted to increase the density to 63.5 du/ac and reduce the required parking from 115 spaces to 25 spaces. It is also provisioned that if a developer wishes to take advantage of these special standards contained in the ordinance, the developer, as a condition of approval, shall grant the City an equity position in the project. This equity is secured by a second trust deed conveyed to the City by the developer. This Deed of Trust is held by the City to assure that the project is constructed, operated and maintained in accordance with the Senior Housing Ordinance and the conditional use permit. The developer has provided the City with the proper documentation to satisfy the equity condition of the ordinance. The City Council is asked to accept the Deed of Trust in the amount of $152,860 and promissory note from the applicant, Tyler Properties, Ltd. FISCAL IMPACT: There will be no fiscal impact resulting from this action. EXHIBITS: 1 - Tyler Properties, Ltd. Deed of Trust 2 - Promissory Note r RECORDING REQUESTED BY ' City Clerk City of Carlsbad AND WHEN ACCORDED MAIL TO City Clerk 1200 Elm Avenue SSL Carlsbad, CA 92008 Ci«r* . ,»" L J SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (PARTNERSHIP) A. P.M. SUBOR This Deed of Trust, made this 26th TYLER PROPERTIES, LTD., a L X 1QH&8SK TRUSTOR, whose address is 450 Serpentine Dr (number and st Title Insurance and Trust Company , a Cali THE CITY OF CARLSBAD Witnesseth: Thai Trustor IRREVOCABLY CRA that property in the City of Carlsb See Exhibit "A" attached he See Exhibit "B" attached he additional provisions to th TOGETHER WITH the rents, issues and profits thereofupon Beneficiary by paragraph ( 10) of the provisions i For the Purpose of Securing: |. Performance of eac of the indebtedness evidenced by one promissory note of J 152 , 860 . 00 ,««.|lt«.H hy Trnoor in favor said property hereafter may borrow from Beneficiary, w To Protect the Security of This Deed of Trust, 1 note secured hereby, that provisions ( 1 ) to ( 14), inclusiCounty October IN. 1961, and in all other counties Octccounty recorder of the county where said properly is lo< COUNTY BOOK PAGE COUNTY B< Alom.do 435 M4 Kings Alpin* 1 150 Lok* Amodor 104 34S lo.l.n ttitt* 1145 1 Lo»An9.l.» T* Colov.ro. 145 152 Modern Coluto 296 617 Mann 1 Centra Cmta 3971 47 Maripota DolNort* 78 414 NUndocino El Dorado 568 456 M.rc«d 1. Fr..no 4626 572 Modoc Gtonn 422 184 Mono Humboldt W7 527 Mont.r.y 2 Imperial 1091 501 Nopo < Inyo 147 59* Nevada ! K*rn 3427 M Orang* 51 1 which provisions, identical in all rounlies. arc printed v hereof as fully as though set forth In- rein at length; thai obligations, and parlies in said provisions shall be const The undersigned Trustor requests that a cup) uf any * hereinbefore set forth. STATE OF CALI FORN I A | rnuNTvnF SAN DIEGO f on March at. 1984 Mnrf mr signed, a Notary Public in and for said State, personal r\\VtovA t .,W.*T-le_ DINATED DEED OF TRUST day of March, 1984 .between imited Partnership jSforganized under the laws of the State ofCalifornia t herein called ive, Del Mar, California 92014 reel) (city) (state) (zip) fornia corporation, herein called TRUSTEE, and , herein called BENEFICIARY, NTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, ad, San DiegO County, California, described as : reto for Legal Description. reto and incorporated herein for is Deed of Trust , SUBJECT, HOWEVER, to the right, power and authority given lo and conferred ncorporated herein by reference to collect and apply such rents, issues and profit v h agreement of Trustor incorporated by reference or contained herein. 2. Payment of even date herewith, and any extension or renewal thereof, in the principal sum of Beneficiary or order. 3. Payment of such further sums as the then record owner of len evidenced by another note (or notes) reciting it is so secured. >ustor Agrees : By the execution and delivery of this Deed of Trust and theve. of the fictitious deed of trust recorded in Santa Barbara County and Sonoma )ber 23, 1961, in the book and at the page of Official Records in the office of the jated, noted below opposite the name of such county, viz.: 3OK PAGE COUNTY BOOK PACE COUNTY BOOK PAGE '97 833 Plonr 895 301 Swrro 29 . 335 162 39 Plumot 151 5 Si.kiyou 468 181 171 471 Kivcrtidt 3005 523 Solono 1105 182 355 899 Sacramento 4331 62 Sonomo 1851 689 110 170 SonBcnho 271 383 Slonitloui 1715 456 K»8 339 Son Bernardino 5567 61 Sutttr 572 297 77 292 SonFrancitco A332 905 T.homo 401 289 (79 530 SonJooquin 2470 311 Trinity 93 366 547 538 Son Luii Obiipo 1151 12 Tulor. 2294 275 84 851 SanMotoe 4078 420 Tuolumn. 135 47 52 429 Santa Barbara 1878 860 V.nfuro 2062 386 94 538 Santa Clara 5336 341 Yolo 653 245 139 86 Santa Crui 1431 494 Yuba 334 486 105 320 Shaita 684 528 189 611 SanDi*go S*ri*t 2 Book 1961. Pag* 183887 n thf ri-vrrse hereof) hrreby arr adopted ami incorporated herein and made a pan he will observe and perform said provision-; and thai ihe referenci-. !o properly, rued in refer lo ihe properly, obligalionv. and parlii— set furlh in ihU Denl o( TruM. Police of Default and of any Notite of Sale hereunder be mailed to him at hi* address SiKiiulure of Trustor SS TYLER PROPERTIES, LTD. a the under- Limited Partnership v aoneared TM/^L, K r/j^^fce ^ Ll e{ n-ir • ^LJJ -i r ^' I- jtin~~">y • t fotw ~v\ u- _^LA>-e**-'t/t{^ r/' l , known to me •0 hf ()rv>£_ of Ihe partners of 1 ship that executed the within Instrument, and acknowle that such partnership executed the same. WITNESS my hand and official seal. Sijn-tnr, C^Wl M, f^Cl J \M^ Title Order No Escrow or I roan No he partner- dged to me fr/&3~^ 0:.:,,-\"~SEAL^^fix •-."=• *•-'• .,_""Tk:/rOA--ER 5i* , ' -*" — • • - - - •. •-, •-,,'-.'. (t ur-,f^!A y Ik' , ' ^ ' • -' - - : -' '-.\jU(\ i V I ; ,' - • ' - . , ( • '•-. • . 6 : U • \Irr-r-r---- r>r ••••i;-"-r-r-^-=-3o-r-='3; V (This area far ofticiaf notarial scaf) TO 1840 C» (1-761 (OPEN END) EXHIBIT "A1 PARCEL 1: THE SOUTHWESTERLY 106 FEET OF LOT 9 OF INDUSTRIAL TRACT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923. EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET THEREOF, THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY 69.0 FEET.BE ING DRAWN PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES FROM THE NORTHWESTERLY LINE OF SAID LOT NO. 9 ALSO EXCEPTING FROM THE SAID LOT 9, THE SOUTHWESTERLY 61.0 FEET OF THE SOUTHWESTERLY 69.10 FEET. PARCEL 2: THE SOUTHWESTERLY 61.0 FEET OF THE SOUTHEASTERLY 69.10 FEET OF LOT NO. 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ALL PUBLIC UTILITY PURPOSES OVER, UNDER AND ACROSS THE SOUTHEASTERLY 20 FEET OF THE NORTHWESTERLY 79.0 FEET. (SAID DISTANCE BEING MEASURED AT RIGHT ANGLES) OF LOT 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AND 2 HEREIN DESCRIBED. PARCEL 4: LOT 10 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID DIEGO COUNTY JANUARY 3, 1923. \ EXHIBIT "B" ADDITIONAL PROVISIONS TO SUBORDINATED DEED OF TRUST This deed of trust is given to the City of Carlsbad pursuant to Section 21.18.045 of the Carlsbad Municipal Code to insure that the maker hereof constructs, operates and maintains the property described in the deed of trust secured hereby as a Senior Citizens Housing Project in accordance with the requirements of said Section and Con- ditional Use Permit 217, or if not so constructed, operated and maintained, that the property is brought up to the standards of the approved conversion plan pursuant to CUP 217 or any other conversion plan approved by the City of Carlsbad. No payment shall be required on the note secured by this deed of trust except as follows: 1. If the Council of the City of Carlsbad or any successor thereto determines that the property is being operated or maintained in violation of any of the terms of said Section 21.18.045 or said Conditional Use Permit 217, or used for other than a Senior Citizens Housing Project without the consent of the City Council, the City Council may declare the whole sum of principal and any accrued interest thereon immediately due and payable. The maker hereof shall then have the option to elect to pay said principal and accrued interest in full or within a reason- able time thereafter to convert the project to meet the approved conversion plan pursuant to CUP 217 or any other conversion plan approved by the City of Carlsbad. Upon said payment in full or conversion of the project to the approved conversion plan pursuant to CUP 217 or any other conversion plan approved by the City of Carlsbad, the City of Carlsbad shall return the note to the maker and reconvey the lien of this deed of trust. 2. The entire principal and accrued interest thereon shall become immediately due and payable at the option of the City of Carlsbad in the event that upon the sale, con- veyance or other disposition of the property described in the deed of trust securing the note, the buyer fails to agree in writing to accept and abide by all the terms and provisions of the promissory note. The maker hereof shall have the right at any time to prepay all or any part of the note or to elect to convert the property to meet the approved conversion plan pursuant to CUP 217 or any other conversion plan approved by the City of Carlsbad. Upon payment in full or such conversion of the property, the note shall be cancelled and the lien of the deed of this deed of trust shall be reconveyed. This note is given solely to conform with the provis- ions of said Section 21.18.045 of the Carlsbad Municipal Code and neither the maker nor any partner, officer, agent or employee of the maker shall have personal liability for payment of the note. The holder thereof shall look only to its interest in the property described in this deed of trust. VI Pursuant to said Section 21.18.045, this deed of trust shall be subordinated and subject to any first deeds of trust to be executed by Trustor or his successor in interest concurrently herewith or at any time hereafter to secure loans called "construction loans," "permanent loans" or any other form of loan, refinancing, additional financing, or promissory note given by the purchaser of the property on condition that: (1) This deed of trust shall be subordinated to only a first and a second deed of trust and no additional junior financing; (2) The loan to which this deed of trust is to be subordinated shall not exceed ninety percent (90%) of the fair market value of the property at the time of subordination; (3) The proceeds of any such loan, financing or refinancing may be used to pay loan fees, interest or other charges in connection with making of said loan and any excess may be re- tained by the Trustor or his successor in in- terest so long as the other provisions of this subordination clause have been satisfied. This Deed of Trust is specifically made subject and subordin- ate to that certain Deed of Trust dated March 26, , 1984 , executed by TYLER PROPERTIES, LTD., a Limited Partner- shlp, in which The City of Carlsbad is named as Beneficiary and Title Insurance and Trust Company as Trustee, which is being recorded concurrently herewith. THE CITY OF CARLSBAD TYLER PROPERTIES, LTD. Limited Partnership By: MARY H. CASLER, Mayor By:"<_• Its CAT. NO. NN00630 TO 1946 CA (7-82) (Partnership) STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. TTrUE INSURANCE ANDTRUST ATKDM OOMfWNY On March 1984 said State, personally appeared rf before (Mt&cnJL e, the undersigned, a Notary Public in and for , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as f>l\fe- of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature .".:•'•- (i" '.'•'•'• !• (This area for official notarial seal) PROMISSORY NOTE $152,860.00 Harch 26th, 1984 Carlsbad, California FOR VALUE RECEIVED, the undersigned promises to pay to the City of Carlsbad at Carlsbad, California, the sum of $152,860.00 with interest at the rate of ten percent (10%) per annum simple interest until paid or cancelled as herein provided. This note is given to the City of Carlsbad pursuant to Section 21.18.045 of the Carlsbad Municipal Code to insure that the maker hereof constructs, operates and maintains the property described in the deed of trust secured hereby as a Senior Citizen Housing Project in accordance with the re- quirements of said Section and Conditional Use Permit 217, of if not so constructed, operated and maintained, that the property is brought up to the standards of the approved conversion plan pursuant to CUP 217 or any other conversion plan approved by the City of Carlsbad. No payment shall be required on this note except as follows: 1. If the Council of the City of Carlsbad or any successor thereto determines that the property is being operated or maintained in violation of any of the terms of said Section 21.18.045 or said Conditional Use Permit 217, or used for other than a Senior Citizens Housing Project without the consent of the City Council, the City Council may declare the whole sum of principal and any accrued in- terest thereon immediately due and payable. The maker hereof shall then have the option to elect to pay said principal and accrued interest in full or within a rea- sonable time thereafter to convert the project to meet the approved conversion plan pursuant to CUP 217 or any other conversion plan approved by the City of Carlsbad. Upon said payment in full or conversion of the project to the approved conversion plan pursuant to CUP 217 or any other conversion plan approved by the City of Carlsbad, the City of Carlsbad shall return this note to the maker and reconvey the lien of the deed of trust securing this note. 2. The entire principal and accrued interest thereon shall become immeditely due and payable at the option of the City of Carlsbad in the event that upon the sale, conveyance or other disposition of the property described in the deed of trust securing this note, the buyer fails to agree in writing to accept and abide by all the terms and provisions of this promissory note. The maker hereof shall have the right at any time to prepay all or any part of this note or to elect to convert the property to meet the approved conversion plan pursuant to CUP 217 or any other conversion plan approved by the City of Carlsbad. Upon prepayment in full or such conversion of the property, this note shall be cancelled and the lien of the deed of trust securing this note shall be reconveyed to the maker hereof. This note is given solely to conform with the provis- ions of said Section 21.18.045 of the Carlsbad Municipal Code and neither the maker nor any partner, officer, agent or employee of the maker shall have personal liability for payment of this note. The holder hereof shall look only to its interest in the property secured hereby for payment. If action be instituted on this note, the undersigned promises to pay such sum as a court may affix as attorneys' fees. This note is secured by a deed of trust to Title Insurance and Trust Conpany > as Trustee. TYLER PROPERTIES, LTD., a Limited Partnership By: ItS <* I CAT. NO. NN00630 TO 19*6 CA (7-82) (Partnership) STATE OF CALIFORNIA COUNTY OF SAN DIEGO TTrtE INSURANCE ANDTRUST ATICOR COMPANY t M 1 Ijj I (, cI 1984 Eore me, the undersigned a Notary Public in and for said State, personally appeared personally known to me or- -•_* ..^j.n^, rn v.<w^—^^___..^^a^^..^ 1 pCla^/114VA*^ n..v ._ proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as OrvP^. of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal.ft i\ Signature ro= .,:;: f - -u _ (This tret for official notarial seal) -2- 7 RECORDING REQUESTED-"V City Clerk City of Carlsbad AND WHEN RECORDED MAIL TO NAME City Clerk ADDRESS 1200 Elm Avenue ciry% Carlsbad, CA 92008 STATE I ~1 J SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this ................. 26th ................... dav of ....... March .......................................... 19 84 ...... b TYLER PROPE^^ .......................................................... owner of the land hereinafter described and hereinafter referred to as "Owner", andTHE CITY OF CARLSBAD present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Bene- ficiary" ; WITNESSETH to.. THAT WHEREAS, Owner has executed a deed of trust, dated.....Ma?..?J?...26..i....l?84 , --Tltle.-Insurawce.-a«i--35cust-CoiIpai^- »s trustee, covering: See Exhibit "A" attached hereto for Legal Description to secure a note in the sum of $...152.,.86.Q.-..P.P. , dated Mar.C.h...26..,....1.9.8.4 , in favor of Beneficiary, which deed of trust is to be recorded concurrently herewith; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $..rk?.r.?.°.V.r..vr.V: dated M&^...26j..l?84 , in favor of .T3)e...City...af...Carlsbad,. A.Municipal Corporation , hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is also to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan from Lender that said deed of trust last above mentioned shall unconditionally be and remain at all time> a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust fir.-t above mentioned: and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender: and WHEREAS, it is to the mutual benefit of the partie- hereto that- Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of tru<! first above mentioned. -1- /Gs NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration the receipt and sufficiency of \vhich consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to. it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreements as to such subordina- tion including, but not limited to. those provisions, if any. contained in the deed of trust first above men- tioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He consents to and approve? (i) all provisions of the note and deed of trust in favor of Lender above referred to. and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to. nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and sub- ordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. THE CITY OF CARLSBAD TYLER PROPERTIES, LTD., a Limited Partnershi By: By: fyMfcgi Cr.' " ''" Mayor \A \ ..CI.TY...P.F..CARLSBAP Beneficiary CAT. NO. NNOO630 TO 1946 CA (7-82) (Partnership) STATE OF CALIFORNIA COUNTY OF SAN DIEGO Its: Owner (All signatures must be acknowledged) TITLE INSURANCE ANDTRUST t SS. March 1984On said State, personally appeared -.before me, the undersigned, a Notary Public in and forTI i ^ r \ \ I I _______________ , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as flftE-" of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and officiaLseal. Signature (This area for official notarial seal)