HomeMy WebLinkAbout; The Carlsbad Redevelopment Agency; 2008-0381413; PropertyRECORDING REQUFc'fED B
STEWART TITLE OF U..JFQRNIA
AND WHEN RECORDED RETURN TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, Ca. 92008
2008-0381413
JUL16, 2008 1:18 PM
OFFICIAL RECORDS
SiM DIEiiM COUNTY RECORDER'S OFFICE
fi R E HnRY J. SMITH.COUNT YRECORDER
FEES- 813.50 WAYS: 'I
OC.OC
PAGES:11
COPY TO:5298 ;\v;
Carlsbad Redevelopment Agency
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008
Attn: Executive Director
NO FEE FOR RECORDING PURSUANT
TO GOVERNMENT CODE SECTION 27383
/ 203-
GRANT DEED AND AGREEMENT
DOCUMENT
For valuable consideration, the receipt of which is hereby acknowledged,
THE CARLSBAD REDEVELOPMENT AGENCY, a public body, corporate and politic
(the "Grantor"), acting to carry out redevelopment purposes pursuant to the Community
Redevelopment Law of the State of California, hereby grants to SAN DIEGO HABITAT FOR
HUMANITY, INC., a California nonprofit public benefit corporation (the "Grantee"), the real
property (the "Property") described in Exhibit A attached hereto and incorporated in this Grant
Deed by this reference.
1. The Property is conveyed subject to the Disposition, Development, and Loan
Agreement (the "Agreement") entered into by and between Grantor and Grantee and dated as of
April 4, 2008.
2. The Grantee hereby covenants and agrees, for itself and its successors and
assigns, that the Grantee and such successors and assigns shall promptly begin and diligently
prosecute to completion the redevelopment of the Property through the installation of the
improvements required pursuant to the Agreement (the "Improvements"), and that such
installation shall be commenced and completed within the times provided in the Agreement.
Promptly after completion of the installation of improvements on the Property in
accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an
appropriate instrument so certifying (a "Certificate of Completion"). Such Certificate of
Completion by the Grantor shall be a conclusive determination of satisfaction and termination of
the agreements and covenants in the Agreement and in this Grant Deed with respect to the
773\70\416256.l
C 3 5299
t *
obligations of the Grantee and its successors and assigns to install the Improvements and the
dates for the beginning and completion of such installation.
3. The Grantee hereby covenants and agrees, for itself and its successors and
assigns, that during installation and thereafter, the Grantee shall devote the Property only to the
uses specified in the Agreement, including, but not limited to the provisions of Article 6 and
Article 7 of the Agreement which are incorporated into this Grant Deed by this reference.
4. The Grantee hereby covenants and agrees, for itself and its successors and
assigns, that during installation and thereafter, the Grantee shall operate and maintain the
Property and Improvements thereon in compliance with all requirements for operation and
maintenance set forth in the Agreement.
5. The Grantee covenants and agrees, for itself and its successors and assigns, that
there shall be no discrimination against or segregation of any person or group of persons on
account of race, color, creed, religion, sex, sexual orientation, age, marital status, national origin,
or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Property, nor shall the 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 in the Property and the Improvements thereon.
All deeds, leases or contracts made relative to the Property and the Improvements thereon
or any part thereof, shall contain or be subject to substantially the following non-discrimination
clauses:
a. In Deeds:
"(1) Grantee herein covenants by and for itself, its successors and assigns, 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 any basis listed in subdivision (a)
and (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, in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the property herein conveyed, nor shall the grantee or any person claiming under or
through the grantee, 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 in the property herein conveyed. The foregoing covenant shall
run with the land.
(2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1)
shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the
Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for
senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
773\70\416256.1
5300
subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph
(1)."
b. In Leases:
"(1) Lessee herein covenants by and for itself, its successors and assigns, 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 any basis listed in subdivision (a)
and (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 in the leasing, subleasing, transferring, use, occupancy, tenure
or enjoyment of the premises herein leased nor shall the lessee or any person claiming under or
through the lessee, 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.
(2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1)
shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the
Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for
senior citizens. 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 paragraph
(1)."
c. In Contracts:
"(1) There shall be no discrimination against or segregation of, any person or
group of persons on account of any basis listed in subdivision (a) and (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 in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property
nor shall the transferee or any person claiming under or through the transferee 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
land.
(2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1)
shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the
Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for
senior citizens. 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 paragraph
d).11
6. The Grantee represents and agrees that the Property will be used for the purposes
of timely redevelopment as set forth in the Agreement and not for speculation in landholding.
773Y70\416256.1
/•"N "•>w ^ 5301
The Grantee further recognizes that in view of the following factors, the qualifications of the
Grantee are of particular concern to the community and the Grantor:
a. The importance of the redevelopment of the Property to the general welfare of the
community; and
b. The land acquisition assistance and other public aid that have been made available
by law and by the government for the purpose of making such redevelopment possible; and
c. The reliance by the Grantor upon the unique qualifications and ability of the
Grantee to serve as the catalyst for development of the Property and upon the continuing interest
which the Grantee will have in the Property to assure the quality of the use, operation and
maintenance deemed critical by the Grantor in the development of the Property; and
d. The fact that a change in ownership or control of the owner of the Property, or of
a substantial part thereof, or any other act or transaction involving or resulting in a significant
change in ownership or with respect to the identity of the parties in control of the Grantee or the
degree thereof is for practical purposes a transfer or disposition of the Property; and
e. The fact that the Property is not to be acquired or used for speculation, but only
for development and operation by the Grantee in accordance with the Agreement; and
f. The importance to the Grantor and the community of the standards of use,
operation and maintenance of the Property.
The Grantee further recognizes that it is because of such qualifications and identity that
the Grantor has entered into the Agreement and has conveyed the Property to the Grantee.
For the reasons stated above, the Grantee covenants, for itself and its successors and
assigns, that there shall be no sale, transfer, assignment, conveyance, lease, pledge or
encumbrance of the Agreement, or the Property and the Improvements thereon or any part
thereof, or of other ownership interest in the Grantee in violation of the Agreement.
No voluntary or involuntary successor in interest of the Grantee shall acquire any rights
or powers under this Grant Deed or the Agreement except as expressly set forth in this Grant
Deed or the Agreement.
7. The covenants contained in Sections 2, 3, 4, and 6 regarding installation, use,
operation and maintenance, and transfers of interests, shall remain in effect for the term of the
Agreement. The covenants contained in Section 5 regarding non-discrimination shall remain in
effect in perpetuity.
8. 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 the
lien or charge of any mortgage, deed of trust or other financing or security instrument permitted
by the Agreement or otherwise approved by the Agency; provided, however, that any successor
773\70\416256.1
C 3 5302
of Grantee to the Property shall be bound by such covenants, conditions, restrictions, limitations
and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of
foreclosure, trustee's sale or otherwise.
9. The covenants contained in Sections 2, 3,4, 5 and 6 of this Grant Deed shall,
without regard to technical classification or designation, legal or otherwise specifically provided
in this Grant Deed, be, to the fullest extent permitted by law and equity, binding for the benefit
and in favor of and enforceable by the Grantor, its successors and assigns, the City of Carlsbad
and any successor in interest to the Property or any part thereof, and such covenants shall run in
favor of the Grantor and such aforementioned parties for the entire period during which such
covenants shall be in force and effect, without regard to whether the Grantor is or remains an
owner of any land or interest therein to which such covenants relate. In the event of any breach
of any of such covenants, the Grantor and such aforementioned parties shall have the right to
exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or
other property proceedings to enforce the curing of such breach. The covenants contained in this
Grant Deed shall be for the benefit of and shall be enforceable only by the Grantor, its successors
and such aforementioned parties.
10. Only the Grantor, its successors and assigns, and the Grantee and the successors
and assigns of the Grantee in and to all or any part of the fee title to the Property shall have the
rights to consent and agree to changes or to eliminate in whole or in part any of the covenants
contained in this Grant Deed or to subject the Property to additional covenants, easements, or
other restrictions. For purposes of this Section, successors and assigns of the Grantee shall be
defined to include only those parties who hold all or any part of the Property in fee title, and not
to include a tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under deed
of trust, or any other person or entity having an interest less than a fee in the Property.
11. If the Agreement is terminated pursuant to Section 9.4 thereof following the close
of escrow and prior to the issuance of the Certificate of Completion for the Improvements, then
the Grantor may, in addition to other rights granted in the Agreement, re-enter and take
possession of the Property for which a Certificate of Completion has not been issued with all
improvements thereon, and revest in the Grantor the estate theretofore conveyed to the Grantee.
The interest created pursuant to this Section 11 shall be a "power of termination" as defined in
California Civil Code Section 885.010.
Upon revesting in the Grantor of title to the Property or any portion thereof as provided in
this Section 11, the Grantor shall, pursuant to its responsibilities under State law, use its best
efforts to resell the Property as soon as possible, in a commercially reasonable manner and
consistent with the objectives of such law and of the Redevelopment Plan. The Property shall be
sold at a price that the Grantor determines is not less than the value of the Property given the
covenants, conditions and requirements the Grantor is imposing on the purchaser. Upon such
resale of the Property or any portion thereof the proceeds thereof shall be applied as follows:
a. First, to reimburse the Grantor, or the City, for any reasonable costs it incurs in
selling or managing the Property, or in connection with the completion of the construction of the
773V70\416256.1
5303
Improvements, including but not limited to amounts to discharge, or to prevent liens or
encumbrances arising from any acts or omissions of Grantee;
b. Second, to the Grantor to reimburse the Grantor for damages to which it is
entitled under the Agreement by reason of the Grantee's default;
c. Third, to the Grantor to repay the Agency Loan (as defined in the Agreement);
d. Fourth, to the Grantee up to the reasonable cost of the Improvements the Grantee
has placed on the Property and such other reasonable costs the Grantee has incurred directly in
connection with the development of the Property that were not financed with the Agency Loan;
and
e. Fifth, any balance to the Agency.
12. In the event there is a conflict between the provisions of this Grant Deed and the
Agreement, it is the intent of the parties hereto and their successors in interest that the
Agreement shall control.
13. This Grant Deed may be executed in multiple originals, each of which is deemed
to be an original, and may be signed in counterparts.
Remainder of Page Left Intentionally Blank
773\70\416256.1
c 5304
IN WITNESS WHEREOF, the parties hereto have executed this Grant Deed as of this
of-3u.li 200$
APPROVED AS TO FORM:
RonaldBall,
Agency General Counsel
GRANTOR:
CARLSBAD REDEVELOPMENT
AGENCY, a public body corporate and
politic
Name: Lisa Hildabrand
Its: Executive Director
GRANTEE:
SAN DIEGO HABITAT FOR
HUMANITY, INC., a California nonprofit
public benefit corporation
By:
Name:
Its:
773\70\416256.1
c
5305
IN WITNESS WHEREOF, the parties hereto have executed this Grant Deed as of this
¥-
Ronald Ball,
Agency General Counsel
GRANTOR:
CARLSBAD REDEVELOPMENT
AGENCY, a public body corporate and
politic
APPROVED AS TO FORM:
By:
Name: Lisa Hildabrand
Its: Executive Director
GRANTEE:
SAN DIEGO HABITAT FOR
HUMANITY, INC., a California nonprofit
public benefit corporation
Its:
773\70\416256.1
5306
STATE OF CALIFORNIA )
COUNTY OF in
On IfoW °( qfiryg" , 3%_ before me, (for^d V.
Notary Public7, personally appeared Lisa
_ , who
proved to me on the basis of satisfactory evidence to be the person(s^ whose name(^ is/are
subscribed to the within instrument and acknowledged to me that -he/she/they executed the same
in his/her/their authorized capacity(i}N£ and that by his/her/their signature^" on the instrument
the person)^, or the entity upon behalf of which the person^Tacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.WRICIA L CRESCENT)
Commngon* 1661400
***** W* " <******
STATE OF CALIFORNIA
COUNTY OF _ )
On _ , 20 _ before me,
Notary Public, personally appeared
, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
773\70\416256.1
5307
STATE OF CALIFORNIA
COUNTY OF
QnJvJLU}, 2005 before me,CP>RDL.^KJ BQl L>~m
Notary Public, personally appeared O\^R.W)\_
o\
_ _ , who
proved to me on the basis of satisfactory evidence to be the person(X) whose name(s^feyare
subscribed to the within instrument and acknowledged to me that he/^he^they executed the same
in his/(her7their authorized capacity^res), and that by hi^/Eer#heir signature^ on the instrument
the person^, or the entity upon behalf of which the persorf^s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Qq i_ivLM l y^t- U--
STATE OF CALIFORNIA
COUNTY OF
CAROIYNJANE MUMAN f
CommlMlon # 1776907 I
M°<2ri'oSS> *0
ti;
On , 20 _ before me,
Notary Public, personally appeared
, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
773\70\416256.1
5308
EXHIBIT A
PROPERTY DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego, City of
Carlsbad, and described as follows:
Lot 1 of City of Carlsbad Tract No. 06-18, Roosevelt Garden Condominiums, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No. 15635, filed in
the office of the county recorder of said San Diego County, October 29, 2007.
773\70\416256.1