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HomeMy WebLinkAbout2006 CON CDC Rene Guzman - Facade Improvement AgreementPLEASE COMPLETE THIS INFORMATION r RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 Facade Improvement Agreement and Deed of Trust: THE ORIGINAL OF HIS DOCUMENT WAS RECORDED ON NOV 07, 2006 DOCUMENT NUMBER 2006-0792102 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDERS OFFICE TIME: 11:11 AM 616 National City Boulevard - Rene Guzman and Ildifonso Carrillo (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Engineering 8/1/2006 Resolution No. 2006-153 File Number NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF A STATE AGENCY FORMED BY THE CITY OF NATIONAL CITY Recording Requested By: Community Development Commission of The City of National City Economic Development Division 1243 National City Blvd National City, CA 91950 And When Recorded Mail To: City Clerk City Of National City 1243 National City Blvd. National City, CA 91950 DEED OF TRUST THIS DEED OF TRUST is made this f ' day of , 2006, by RENE GUZMAN AND ILDIFONSO CARRILLO, whose address is 137 25th Street, Diego, CA 92102, ("Trustor"), to Chicago Title Company, a California corporation ("Trustee"); for the benefit of the Community Development Commission of the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950; TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as: (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by a promissory note of even date herewith executed by Trustor, in the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), and any renewal, extension, or modification of the promissory note (the "Note"); 1 (2) Any additional sums and interest that may hereafter be loaned to the then record owner of the Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured; and (3) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: Maintenance and Repair (1) To keep the Property in good condition and repair; not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed on the Property; to pay when due all claims for labor performed and materials furnished for the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer, or permit any act upon the Property in violation of law; and to cultivate, maintain the landscaping, and do all other acts that from the character or use of the Property may be reasonably necessary. Fire Insurance (2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust and in any order determined by Beneficiary, or at the option of Beneficiary the entire amount so collected or any part of that amount may be released to Trustor, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Defense of Security (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Payment of Liens and Taxes 2 (4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. Reimbursement of Costs (5) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any beneficiary statement requested by Trustor or any other beneficiary of a Deed of Trust encumbering the Property regarding the obligation secured by this Deed of Trust. Obligations of Trustor (6) That Trustor will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. (7) That the Facade Improvement Agreement referred in the Note is incorporated herein by reference and made a part of this Deed of Trust. (8) To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. TRUSTOR AGREES THAT: 3 Condenmation Award (1) Any award of damages in connection with any taking or condemnation, or for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary, as its interest may appear as further security for all obligations secured by this Deed of Trust, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. Waiver of Late Payments (2) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. Trustee's Powers (3) Upon written request of Beneficiary and presentation of this Deed of Trust, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and recording, or either, of any map or plat of all or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining property as security for the repayment of the full amount secured by this Deed of Trust. Full Reconveyance (4) Upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been performed in full, surrender of this Deed of Trust, any notes secured by this Deed of Trust to the Trustee for cancellation and retention, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. Absent manifest error, the recitals in the reconveyance shall be conclusive proof -of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy the Note and this Deed of Trust, unless directed in the request to retain them. 4 Assignment of Rents (5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Default in Foreclosure (6) Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or in the performance of any obligation under this Deed of Trust for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of Trust, a copy of the Agreement, and all other documents evidencing obligations secured by this Deed of Trust. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, 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 sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. Absent manifest error, the recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; 5 all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. Further Encumbrances (7) Should the trustor agree to or actually sell, convey, transfer, or dispose of, or further encumber the Property, or any part of it,or any interest in it (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Deed of Trust may be declared due and payable, at the option of the Beneficiary, unless such Transfer is permitted under Section 603 of the OPA (as defined in the Note). Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. General Provisions (8) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the Community Development Commission of the City of National City, and the heirs, Iegatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. Acceptance by Trustee (9) 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 to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. Substitution of Trustees (10) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Cumulative Powers and Remedies (11) The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 6 Conclusiveness of Recitals (12) The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. Attorneys' Fees (13) If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. Co -trustees (14) If two or more persons are designated as Trustees in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns. Request for Notices of Default and Sale (15) In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and.a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. Reasonable Inspection 7 (17) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, with at least 24 hours advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. Hazardous Materials (18) For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. §9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (19) In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither tilt Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of 8 Trustor. Notwithstanding the foregoing, Trustor's obligations under this section shall not apply to any losses, liabilities, damages, injuries, costs, expenses, or claims which arise out of or relate to Hazardous Materials which are generated, released or stored on the Property after the date that Beneficiary takes possession thereof. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. Continuing Obligations (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. Successor Owners (20) Each successor owner of an interest in the Property other than through foreclosure or deed in lieu of foreclosure, shall take its interest subject to this Deed of Trust. Governing Law (21) This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. TRUSTOR: 9 ILDIFONSO CARRILLO AND RENE GUZMAN Print Name: Its: By: Print Name: ?----C.- Y—e._ _ C--< <J -2„,YY1.✓7 Its: 10 Exhibit "A" Legal Description All of lots 17 and 18 excepting therefrom the Westerly 45 feet thereof, and excepting therefrom the Southerly 15 feet of Lot 17 thereof, in Block 7 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the office of the County Recorder of San Diego County, October 2, 1882. 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of b h,1 L3 On .5151-9131a2 a,.ur'P before me, Date personally appeared SS. N'PE� LuL, Na-y Sec, Name and Title of Officer (e.g., "Jane Doe, Notary Public") 7j_D 1 Fr so 3141Q4041 it Name(s) of Signer(s) MARGYMt\ URA CamlMMon # 1641272 Notary P Uc - Callo No Ian Otago Canty Mgrpoin, tilppaFeb26. 201 Place Notary Seal Above ❑ personally known to me ,proved to me on the basis of satis -ctory evidence to be the person whose nam a4.subscribed to the within instrument and acknow edged to me that he/she/they executed the same inr authorized capacity(%Sj, and that by (b4rftJA signature on the instrument the person, or the entity upon behalf of which the personA acted, executed the instrument. WITNESS Cmy hand and official 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 Document \) Title or Type of Document:/ / Document Date: Va eZ,, 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 THUI OF SIG PRINT R Top of thumb here Number of Pages: z CIGJ 17A--�) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Li Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ....<.. ,re :tbIt',,-.3>,,- .:'767e7=73r-.3.!7, i i i t 4 ay.3J S .'e..tiM‹.:3443 Y,.T\i;:�.•,5.:4 aib,74, aS -7:4, a44'74Cs9S�.'i a' Af c/c�Ys3 .•. 4. State of California County of A) .DICE; On PZedli (f before Date personally appeared } ss. me, H I7 22/A4 LW/ Name and Title of Officer (e.g., "Jane Doe, Notary Public") Guti Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me X proved to me on the basis of satisfactory evidence to be the person whose nam- <iJl are subscribed to the within instrument and acknowledged to me that sb*./thjay executed the same in hi /her/their authorized capacity(ieda); and that by (.1564t eir signature(on the instrument the person(., or the entity upon behalf of which the person(sf acted, executed the instrument. TNES,S my hand and official seal. 1C%%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 Document Title or Type of Document: Document Date: satsz)vF 7s7 QJ/2 ar0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): Ll Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: // —oust) Pe1J v Signer's Name: ❑ Individual • Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee Cl Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder Call Toll -Free 1-800-876-6827 FACADE IMPROVEMENT AGREEMENT THIS AGREEMENT, is made between the Community Development Commission of the City Of National City hereafter referred to as the "CDC", and RENE GUZMAN AND ILDIFONSO CARRILLO, hereafter referred to as the Property Owner" and CHICANO PERK, hereafter referred to as the Participant", located at 616 NATIONAL CITY BOULEVARD in National City, California. RECITALS 1. The CDC desires to stimulate private investment in the City's Commercial Districts. 2. The CDC believes that investment on improvements visible to customers, neighboring merchants, and residents will beautify the commercial corridors and increase the volume of business by making the districts and individual businesses more attractive. 3. The CDC has adopted and established a Commercial Facade Improvement Program (The Program) to assist property and business owners to improve their properties located in designated areas of the City of National City. 4. The designated areas of the City of National City are major commercial streets in the Redevelopment Area. 5. The parties acknowledge that in utilizing The Program to make improvements to the property, the participant may be require to follow State Prevailing Wage Rates Requirements. 6. The CDC and the City of National City have determined that the property subject to this Agreement is located in the Redevelopment Area and is eligible to participate in the Program. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, the CDC and the Property Owner agree as follows: AGREEMENT I. DEFINITIONS The following terms shall have the following meanings whenever used in this Agreement, except where the context clearly indicates otherwise. Any ambiguity as to the intended meaning or scope of the terms set forth below will be resolved solely by the CDC through its designated representative. Page 1 of 8 1. Completion Date is defined as the date that the contractor has finished the physical improvements per the Contractor's agreement and Scope of Work and to the satisfaction of the CDC, as evidenced by final inspection and sign off by a City's building inspector. 2. Facade is defined. as the exterior of a commercial building visible from the public street, and excludes all else, unless otherwise determined by the Economic Development Manager. 3. The Property is defined as the unit of real property as identified within the County Recorder's documents which will be improved pursuant to this agreement. For purposes of this agreement, the Property is that real property commonly known as 616 National City Boulevard, National City. Program Manager is defined as the CDC's designated representative for the Commercial Facade Improvement Program. 5. Project is defined as the total improvements made to subject property outlined in the Contractor's Scope of Work and approved by the Program Manager. 6. Total Cost Expenditure is defined as the total actual costs incurred by and paid for completing the project. 7. Contractor is defined as a California Licensed General Contractor selected through the bidding process to complete the improved at the project address. Contractor is to provide proof of license and insurance to the City at time of the bid process. 8. Participant is defined as the Property and/or Business Owner of the said property in which the Facade improvements are made. 9. Property Owner is defined as the person(s) on Title of the property as shown on the records of the San Diego County Recorders Office and identified on the Certificate of Ownership form (Exhibit A). 10. Request for Proposal (RFP) is defined as all City, Contractor, and Architect documents which detail the improvements on the subject property. II. CERTIFICATION OF OWNERSHIP The Property Owner of the Property agrees to the improvements to the Property pursuant to this Agreement and has signed the Certificate of Ownership, attached as Exhibit A and by this reference made a part of this Agreement. Page 2 of 8 III. CONSENT OF PARTICIPANT The Participant consents to the construction of improvement on the Property which are contemplated by this Agreement. IV. PROPERTY OWNER'S RESPONSIBILITIES 1. The Property Owner shall submit an application form to the Program Manager. 2. The Property Owner shall meet with the Program Manager and the architect designated by the Program Manager to discuss the design for the facade improvements. 3. The Property Owner shall sign the architectural rendering prepared by the designated architect and, by signing, accept the design for the facade improvements. The architectural rendering is attached as Exhibit B and by this reference made part of this Agreement. 5. For those projects which may qualify as Historic Preservation Projects, Property Owner shall provide all documentation requested by the Program Manager to make such a determination. Property Owner must have been designated by the Historic Resources Board as owning a designated historic structure or classified as a contributing structure, or be included on a locally defined historic building inventory in a designated historic district, and that any improvements be consistent with the historical character of the property. 6. The Property Owner agrees to maintain the improvements made pursuant to this agreement in good condition, and to repair or replace any damage which occurs to the improvements, for a period of five (5) years following the completion date of the improvements as agreed upon by the CDC. The Property Owner agrees to not increase the rent to the tenants for a period of five (5) years following the completion date of the improvements. V. LOAN TO PROPERTY OWNER 1. The CDC hereby makes a Loan in the amount of $50,000 to the PROPERTY OWNER, RENE GUZMAN AND ILDIFONSO CARRILLO for the purpose of rehabilitating the Facade at 616 National City Boulevard (the PROPERTY). Said Loan is subject to be immediately repayable to the CDC if the PROPERTY is sold, leased, conveyed, refinanced(except for refinances involving existing secure debt which is in a superior position to the CDC Loan secured by this Page 3 of 9 Agreement), vacated, transferred, assigned, alienated, or hypothecated within five (5) years from the Completion Date of the improvements as defined and at the option of the CDC. VI. CONDITIONS OF LOAN / LIEN 1. The Property Owner and CDC agree that if the improvements detailed in Exhibit E, the "Cost Estimate for Improvements" on the PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained for at least five (5) years from the Completion Date of the improvements; the Loan will be forgiven and the Property Owner shall not be required to repay the loan to the CDC. However, should the PROPERTY be sold, hypothecated, vacated, leased, transferred, assigned, or alienated, or if it is determined by the CDC that the facade improvements describe hereinabove are not maintained per this agreement for at least five (5) years from the Completion Date of the improvements, then this Loan shall be repayable in full by the Property Owner to CDC, upon demand, with interest. Interest shall be 5% per annum simple interest retroactive to the date of the Loan. Any payments received shall first be applied first to accrued interest then to the principal. VIE. RECORDATION OF AGREEMENT 1. The Property Owner and the CDC agree that this Facade Improvement Agreement shall be recorded in the Office of the County Recorder and shall constitute constructive notice to the public that upon sale, hypothecation, assignment, lease, transfer, or alienation less than five (5) years from the Completion Date of the Improvements, the Loan shall be repayable with interest retroactive to the date of the Loan. If the improvements detailed in Exhibit E, "Cost Estimate for Improvements" on the PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained for at least five (5) years from the Completion Date of the improvements as determined by the CDC, then the Loan as referenced herein, shall have no further force and effect upon the PROPERTY and the CDC shall execute and RECORD a full reconveyance of the title any and all documents necessary to clear title to the PROPERTY upon the request of the Property Owners. VIII. CDC'S RESPONSIBILITIES 1. The Economic Development Manager shall meet with the architect and the Property Owner to discuss designs for the facade improvements. Page 4 of 9 2. The CDC shall be responsible for hiring the Contractor from the RFP process licensed by the California Contractors State License Board to complete the improvement work, as identified by the RFP. 3. The CDC shall be responsible for all payments to the Contractors or other third parties. The sole source of funding for such payments shall be the Loan/Grant referred to hereinabove. 4. The Economic Development Manager shall ensure that the improvements were completed in accordance with the architectural rendering in Exhibit B. 5. The Economic Development Manager shall review the final bill and receipts submitted by the Contractor and, if all the obligations under this Agreement have been met, shall issue full payment within thirty days of receipt. IX. TIME OF PERFORMANCE The parties anticipate that the Contractor shall complete the facade improvements within 6 MONTHS of the date of this agreement and that the Contractor shall submit final bills and receipts to the Economic Development Manager no later than thirty days after the Completion Date. X. PROJECT FUNDING The CDC has determined that this Project qualifies for Redevelopment Funds. The CDC agrees to pay the Total Cost Expenditure not to exceed $50,000, pursuant to the Loan/Grant referred to hereinabove, provided that the Property Owner complies with the conditions of the loan set forth in Section VI, herein. XI. ORAL REPRESENTATIONS; INTEGRATION This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms of this Agreement, and no verbal understanding of the parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to by both Parties in writing. All prior negotiations and agreements are merged into this Agreement. XII. CHANGES OR AMENDMENTS TO AGREEMENT All amendments to this Agreement shall be in writing signed by the Property Owner, Participant and the CDC. Page 5 of 9 This Agreement is executed by The Community Development Commission (CDC) of the City of National City acting by and through its Commissioners, and by the Property Owners and the Participant. Dated this 3rd day of 0 P+oher , 2006. I APPROVE the form and legality of this Agreement this 3rd day of October, 2006. GEORGE EISER, City Attorney Dated this l day of V P" • , 2006. Dated this ! 0 day of , 2006. COMMUNITY DEVELOPMENT COION (OWNER) Nick Inzunza, Mayor cic PROPERTY OWNER: Print Name:-Ckx.Ar A `U Print Name: e j ► e J2 Vn r� CHICANO PERK COFFEE (Participant): Print Nam Officer Title: 6 `(\Q./\ B Print Name: e C-1/02.Mci Officer Title: OC_&.. tom.-, cov-s' Page 6 of 8 A -Certificate of Ownership B-Architectural Rendering C-Deed of Trust D-Note E- Cost Estimate EXHIBITS: Page 7 of 8 State of California ) ss: County of San Diego On ..TEP7E� 2 a , 2006, before Margarita Luna, the undersigned, a Notary Public in and for the County of San Diego, State of California, personally appeared lldifonso,`C,,,��a�rrr,illo personally known to me on the basis of satisfactory evidence, to be the person('jwhose namet'4 are subscribed to the within Facade Improvement Agreement Affecting Real Property and acknowledged to me that ageto/afie/they executed the same in hi /l r/t4eir authorized capacity(i.6g), and that by is t4eir signature(] on the instrument the person( or the entity upon behalf of which the persorj acted, executed the instrument. Witness my hand and official seal. Page 8 of 8 MARGARITA LUN11 Commission • 1641272 Notary Public - California San Diego County IA/Cann. Expires Feb2S, 201 RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of . .00E D On 4��3 0 before me, 7 i-VA, Arco / A i <& Name and Title of Officer (e.g., "Jane Doe, Notary Pubic") Date personally appeared c�1�2eru-e� Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me Aproved to me on the basis of satisfactory evidence to be the person‘g whose name arg.,subscribed to the within instrument and acknowledged to me that 9isl4e/tlgfay executed the same in 1 Theilthiiir authorized capacity(i4, and that by bet/their signature(tsJ on the instrument the person(r ), or the entity upon behalf of which the person(.' acted, executed the instrument. WITNE S my hand and official seal. OPTIONAL Signature of Notary Public 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 Document c Title or Type of Document: /� Document Date: `S670lE /Di 7' Number of Pages: ce Signer(s) Other Than Named Above: /(3,E U GL/Z/1/7170 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General E Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual [ 1 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 RIGHT THUI OF SIG PRINT R Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of,t") Ali D On personally l9-0c0 Dale appeared before SS. me, / i 4i2t7 i" 4/AA Y /—' Name and Tale of Officer (e.g,, "Jan‘Doe, Notary Public") Q Qu2/Y,41,-) Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me roved to me on the basis of satis . ctory evidence e the person 'Whose nam subscribed the within instrument and acknowledged to me that e executed the same in er/th,* authorized capacitji(J, and that by (j• /th�if signature $ on the instrument the person(s), or the entity upon behalf of which the persons)' acted, executed the instrument. TNES my hand and official seal. OPTIONAL Signature of Notary Public 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 Documen Title or Type of Document: /� p / � f ii7Y"K(1(/E e-d-f- i1>6m � Document Date: 7`'O <06 Number of Pages: Signer(s) Other Than Named Above: _LL R)k-60 0 LLJ 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 Top of thumb here 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 Top of thumb here ® 2004 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-B76.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /t) cbiIii CD On /`19`01, before Date personally appeared me, 016419- i Y � C Name and Title of Officer (e.g., "JaneDoe, Notary Public") teQum/ 1 A-) Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me 'Proved to me on the basis of satis actory evidence tote the person 'whose nam= .at6 subscribed t. the within instrument and acknowledged to me that ay. executed the same in t er/thf authorized capacity( and that by • /th�if signature,(X on the instrument the person*), or the entity upon behalf of which the person,(' acted, executed the instrument. TNES my hand and official seal. d OPTIONAL Signature of Notary Public 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 Documen _ Title or Type of Document: (� Q / � / /{"ni tWEille�fr A'e�m jJ ^ Document Date: `/'U `C6 /Number of Pages: Signer(s) Other Than Named Above: --7� f / (_.. tL ' Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Fl Corporate Officer — Title(s): Partner — ❑ Limited Li General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 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 Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder Call Toll -Free 1.800-876-6827 COMMUNITY DEVELOPMENT COMMISSION FACADE IMPROVEMENT PROGRAM CERTIFICATION OF OWNERSHIP/ CONSENT TO IMPROVEMENTS UWaRbYve--Cott-x 1 y ("Property ZOwner") hereby certify that I (list all owners) is/are the OwnerW of= of c rtain commercial real property commonly known as CA (c;z1 ?::)\ sc • (address), National City, California. As Property Owner(s), we further certify that to the best of our knowledge, there are no current code enforcement actions pending against the real property described above. I/We declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed this ,t day of „--4D a.,„„„ in National City, California. (Property Owner) (Sign. ure) AcA C,C Cc -A (Print Name) Exhibit A Page 1 of 1 :1 —A ®k mk b.k '"M ..Y .,.M ak ,.,P .,k ,ea ,.A "la sg a ..k ..k ..,, .�,lv er ak � � M Ma ..� A4 ., .. ,. ., `'- a .•ts. a AP aP ® AY 1Y aA a@ SY 4R 0Y kP Ak AR YY A6 _ AS AY SY AR AA MY AY AY Mft MM RR MY 4M MM AR PR MA M i'M ah A A $ A ■ A A R A A A M A Y M M k ■ M A A k M P6 M M A Y Y Y Y M R x' M sd k iJ I A A IN A ■ A ■ k A k P ■ @ k A■ ■ A A ■ a M A A A di 9 Y k P H X M Y M A WI AAA A •` A AAA A M •A AA YYY A •P M PY * k Si PYP AAY P A •A M k A kA AAa A A YPY k •A A Y■ Y A YY P• Y YM Y� YM•MY RA Y` M •C Ik MF AA Ak Aa° Mk Ak ak Mk Ak II Mk RM aR kk Ak Ak AA klii MM AM MY PT. MM YA YY YI`'. uA a Mld. PR MY MQ M9 P RM YM aA M ■ A a A A A A k A A ■ M A P M k a A k ■ A M Y Y Y Y A R Y P Y 5 Y A Y Si Y a II B " NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF A STATE AGENCY FORMED BY THE CITY OF NATIONAL CITY Recording Requested By: Community Development Commission of The City of National City Economic Development Division 1243 National City Blvd National City, CA 91950 And When Recorded Mail To: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 DEED OF TRUST THIS DEED OF TRUST is made this I g day of b12/1 , 2006, by RENE GUZMAN AND ILDIFONSO CARRILLO, whose address is 137 25th Street, Diego, CA 92102, ("Trustor"), to Chicago Title Company, a Califomia corporation ("Trustee"); for the benefit of the Community Development Commission of the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950; TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as: (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by a promissory note of even date herewith executed by Trustor, in the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), and any renewal, extension, or modification of the promissory note (the "Note"); 1 E,(L i+ u C u (2) Any additional sums and interest that may hereafter be loaned to the then record owner of the Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured; and (3) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: Maintenance and Repair (1) To keep the Property in good condition and repair; not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed on the Property; to pay when due all claims for labor performed and materials furnished for the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer, or permit any act upon the Property in violation of law; and to cultivate, maintain the landscaping, and do all other acts that from the character or use of the Property may be reasonably necessary. Fire Insurance (2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust and in any order determined by Beneficiary, or at the option of Beneficiary the entire amount so collected or any part of that amount may be released to Trustor, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Defense of Security (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Payment of Liens and Taxes 2 (4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or, superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. Reimbursement of Costs (5) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any beneficiary statement requested by Trustor or any other beneficiary of a Deed of Trust encumbering the Property regarding the obligation secured by this Deed of Trust. Obligations of Trustor (6) That Trustor will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. (7) That the Facade Improvement Agreement referred in the Note is incorporated herein by reference and made a part of this Deed of Trust. (8) To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. TRUSTOR AGREES THAT: 3 Condemnation Award (1) Any award of damages in connection with any taking or condemnation, or for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary, as its interest may appear as further security for all obligations secured by this Deed of Trust, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. Waiver of Late Payments (2) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. Trustee's Powers (3) Upon written request of Beneficiary and presentation of this Deed of Trust, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and recording, or either, of any map or plat of all or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining property as security for the repayment of the full amount secured by this Deed of Trust. Full Reconveyance (4) Upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been performed in full, surrender of this Deed of Trust, any notes secured by this Deed of Trust to the Trustee for cancellation and retention, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. Absent manifest error, the recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy the Note and this Deed of Trust, unless directed in the request to retain them. 4 Assignment of Rents (5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Default in Foreclosure (6) Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or in the performance of any obligation under this Deed of Trust for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of Trust, a copy of the Agreement, and all other documents evidencing obligations secured by this Deed of Trust. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the. Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, 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 sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. Absent manifest error, the recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; 5 all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. Further Encumbrances (7) Should the trustor agree to or actually sell, convey, transfer, or dispose of, or further encumber the Property, or any part of it, or any interest in it (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Deed of Trust may be declared due and payable, at the option of the Beneficiary, unless such Transfer is permitted under Section 603 of the OPA (as defined in the Note). Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. General Provisions (8) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the Community Development Commission of the City of National City, and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. Acceptance by Trustee (9) 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 to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. Substitution of Trustees (10) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Cumulative Powers and Remedies (11) The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 6 Conclusiveness of Recitals (12) The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. Attorneys' Fees (13) If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. Co -trustees (14) If two or more persons are designated as Trustees in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns. Request for Notices of Default and Sale (15) In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default anda copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. Reasonable Inspection 7 (17) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, with at least 24 hours. advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. Hazardous Materials (18) For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. §9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (19) In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of 8 Trustor. Notwithstanding the foregoing, Trustor's obligations under this section shall not apply to any losses, liabilities, damages, injuries, costs, expenses, or claims which arise out of or relate to Hazardous Materials which are generated, released or stored on the Property after the date that Beneficiary takes possession thereof. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. Continuing Obligations (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. Successor Owners (20) Each successor owner of an interest in the Property other than through foreclosure or deed in Lieu of foreclosure, shall take its interest subject to this Deed of Trust. Governing Law (21) This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. TRUSTOR: 9 Its: ILDIFONSO CARRILLO AND RENE GUZMAN Print Name: .__moo By----___.---- . Print Name: 4-)-2_ 1-‘ Its: 10 Exhibit "A" Legal Description All of lots 17 and 18 excepting therefrom the Westerly 45 feet thereof, and excepting therefrom the Southerly 15 feet of Lot 17 thereof, in Block 7 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the office of the County Recorder of San Diego County, October 2, 1882. 11 RIGHT THU OF SIG PRINT R Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On �ificir ]i3 /21 1 i' before personally me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") 1I— L-v appeared itA9Ak-91-Lour-, AJz y ' t Name(s) of SIgner(s) PAARGAROA URSA Commission • 1641272 Nolory P(LNc - CaMallo San Dingo County 4 MyCon n. ItissiFeb26. 201 Place Notary Seal Above ❑ personally known to me proved to me on the basis of satis . ctory evidence to be the person whose namat. subscribed to the within instrument and acknow edged to me that he/she/they executed the same in /th it authorized capacity()sis'), and that by �IrftJa�r signaturef,99.on the instrument the persor4g), or the entity upon behalf of which the personA acted, executed the instrument. WITNESS hand and official ��e 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 Document \ ,\ DF- i t Title or Type of Document: Document Date: G/lgjde-(o 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 LI Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator • ❑ Other: Signer Is Representing: ® 2004 National Notary Association • 9350 De Soto Ave., RO, Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 RIGHT THUMBPRINT OF SIGNER Top of thumb here Reorder Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT wagotesuammateatowsr- State of California County of 4 W -b/CAD On 4>TeS5P9741643/9,.)11/Ap, before Date personally appeared }ss, me, /- CT3")- .1_24 f1) / fl& 1t Name and Title of Officer (e.g., "Jane Doe, Notary Public") ,L &uartq-,v Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person whose nameK 'are subscribed to the within instrument and acknowledged to me that sfioE/thAy executed the same in/bier/tkeir authorized capacity(ie3); and that by signature( on the instrument the person(., or the entity upon behalf of which the person( acted, executed the instrument. TNESS my hand and official seal. OPTIONAL 441344 Signature of Notary Public 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 Document Title or Type of Document: Document Date: Wig 1c3a&p 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 THUI OF SIG PRINT R Top of thumb here Number of Pages: // 1 i c ) C' / L-cD Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 Item No. 5907 Reorder Call Toll -Free 1-800.876-6827 DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE AND THE DEED OF TRUST SECURING IT MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. NOTE SECURED BY DEED OF TRUST ("Note") National City, California 1. Principal and Interest. , 1 15 , 2006 a. FOR VALUE RECEIVED, and in consideration of the Facade Improvement Agreement ("FIA") of even date herewith, by and between the Community Development Commission of the City of National City, ("CDC") and Ildifonso Carillo and Rene Guzman ("Maker"), Maker promises to pay to CDC, or order, at 1243 National City Boulevard, National City, California 91950, or such other place as the holder may from time to time designate by written notice to Maker, the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), or so much as is paid to the contractor for work completed, together with accrued interest from the date of loan and unpaid principal at the simple interest rate of Five percent (5%) per annum. This Note is issued pursuant to the FIA and the deed of trust (the "Deed of Trust"), being executed concurrently herewith, to be recorded in the office of the County Recorder of San Diego County. The Deed of Trust securing this Note and the FIA are sometimes collectively referred to herein as the "Loan Documents." All capitalized terms which are not defined herein shall have the meaning ascribed to them in the FIA. 2. Term of Loan, Due Date and Right of Prepayment. This Note may be prepaid in whole or in part at any time and, from time to time, without notice or penalty. Should the undersigned sell, convey, transfer, further encumber, or dispose of the Property described in the Deed of Trust, or any part of it, or any interest in it, without first obtaining the written consent of CDC, or the then holder of this Note, then all obligations secured by this Note may be declared due and payable, at the option of CDC, or the then holder of this Note. CDC reserves the right to approve all sales, transfers, conveyances, additional encumbrances, or dispositions of the real property. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. If such a sale, transfer, further encumbrance, disposition, conveyance or transfer is approved by CDC, then upon the sale, transfer, Page 1 of 5 (114I. * up" further encumbrance, conveyance, transfer all accrued but unpaid interest on this Note shall be paid to CDC, at the option of the CDC, or holder of this Note. The CDC and the undersigned agree that if the improvements detailed in the awarded "Contractor's Agreement and Scope of Work" on the REAL PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained by the Maker for at least five (5) years from the Completion Date of the improvements as determined by the CDC; the Loan will be forgiven including principal and interest and the undersigned shall not be required to repay the loan to the CDC as further detailed in the Facade Improvement Agreement referenced and incorporated hereto. Interest shall be 5% per annum simple interest retroactive to the date of the Loan. Any payments received shall first be applied first to accrued interest then to the principal. No payments are due during the term of this loan, unless the loan is accelerated due to conditions mentioned hereinabove and in the Facade Improvement Agreement. 3. Security for Note. This Note is secured by the Deed of Trust of even date herewith executed by Maker, which creates a lien on that certain real property described therein and by the Loan Documents. 4. Acceleration Upon Default. In the event of any default under the terms of this Note after the expiration of all applicable cure periods, as set forth in the FIA and the Deed of Trust, at the option of the holder of this Note, and after written notice to Maker providing Maker with thirty (30) days in which to cure any default, all principal and interest due under this Note and the Note shall immediately become due and payable, without further notice. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent default. 5. Costs Paid by Maker. Maker agrees to pay the following costs, expenses, and attorneys' fees paid or incurred by the holder of this Note, or adjudged by a court: (a) reasonable costs of collection, costs, and expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed; and (b) costs of suit and such sum as the court may adjudge as attorneys' fees in any action to enforce payment of this Note or any part of it. 6. Payment and Interest Calculation. Principal and interest shall be payable in lawful money of the United States of America. Interest shall be computed based on a 360-day year and 30-day month and the actual number of days elapsed. Payments shall be applied to interest first and then to any unpaid principal balance. Page 2 of 5 7. Incorporation of the FIA. The provisions of the HA are expressly incorporated in this Note by this reference. 8. Waiver. Maker hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this Note, and expressly agrees that, without in any way affecting the liability of Maker hereunder, CDC may extend any maturity date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note, or on any deed of trust, security agreement, guaranty or other agreement now or hereafter securing this Note. 9. Non -Recourse. (a) This Note is non -recourse to Maker. (b) Maker shall indemnify, defend, protect and hold CDC harmless from and against any and all loss, damage, liability, action, cause of action, cost or expense (including, without limitation, reasonable attorneys' fees and expenses) incurred by CDC as a result of any (i) fraud or material misrepresentation under or in connection with the Loan or any Loan Document; (ii) intentional bad faith waste of the real property more particularly described in the Deed of Trust; (iii) losses resulting from Maker's failure to maintain insurance as required under the Deed of Trust; and (iv) misapplication of any rents, security deposits, insurance proceeds, condemnation awards or any other proceeds derived from the collateral security in a manner prohibited by the Loan Documents. CDC shall promptly provide Maker with written notice of any event for which Maker has an indemnification obligation as provided in this Paragraph 9(b). 10. Late Charge. In addition to the foregoing, if any installment due hereunder, including but not limited to the final "balloon payment" due on maturity, is not paid within fifteen (15) days from the date due, Maker promises to pay a "late charge" of five percent (5%) of the installment so overdue to defray the expense incident to handling any such delinquent payment or payments. 11. Severability. If any provision of this Note is determined to be void by court of competent jurisdiction, such determination shall not affect any other provision of this Second Advance Note, and such other provisions shall remain in full force and effect. Page 3 of 5 12. Non -Waiver. No delay in demanding or failure to demand performance hereunder shall constitute a waiver by holding of its right to subsequently demand such performance or to exercise any remedies for any default hereunder. Further, in order to be effective, any waiver of any of CDC's rights and remedies hereunder shall be expressed in a writing signed by CDC. Further waiver by CDC of any right hereunder shall not constitute a waiver of any other right, including but not limited to the right to exercise any and all remedies for a different or subsequent event of default hereunder. 13. Replacement Note. The undersigned agrees that, in the event that this Note shall become lost or stolen, upon request of CDC, the undersigned shall execute a replacement Note incorporating the terms hereof, provided that CDC shall furnish a written agreement to indemnify the undersigned against all losses, costs, 'and damages arising from a duplicative demand for payment under this Note. 14. Interpretation. This Note shall be governed and interpreted in accordance with applicable California law. Maker: Rene Guzman and Ildifonso Print Nam Its: By: E Print Name: 2—e--.t-e (; 1-2.vr7cif Its: Page 4 of 5 State of California ) ss: County of San Diego ) On /d M �94407} LU4 2006, before me, the -undersigned, a Notary Public in and for the County of San Diego, State of California, personally appeared _27-A/F'L.?Q) C4/Q,Q/L..1-O personally known to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within Note Secured by Deed of Trust 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. Witness my hand and official seal. Notary Public Page 5 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT SS �. �r.�i%{>i �. �. aS �tic�C!.�; .� �. /cSS����J-jt A.i- �. ai;\��> {�:� � �Sh3�•r.��C�t,c��s��;s�4. a�s>v .�t{-�.g.?ni.:>S.c. State of California County of o3/t) 2IE6D On �E before Date personally appeared SS. me, AM146.44 071 4.11A" AXPKy pAiezic, Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person, whose name -. - subscribed to the within instrument and acknowledged to me that he/she/they executed the same in r/their authorized capacityQ, and that by ,Pefith,i+-- signatureA on the instrument the person or the entity upon behalf of which the persoryk) acted, executed the instrument. WITNESS my hand and official seal. 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 Document Title or Type of Document: - uP e � —,ter Document Date: /d/ , /31.)6, 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 TH OF S MISPRINT fJER Top of thumb here 6'uamrrid Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Attorney in Fact 0 Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OF S UMBPRINT GNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll -Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CSS.:C4!:3; ft,1%,3, 4�stIS!ctti!:S5e1S-S raeTittY.:> .;� �;CfVotS .e.'4�-�-5 try t t i to .X,.LS4!:(.Se.T:tot te..�.t{erfs• rAc rAt nrt — State of California County of LS/4)o ,D1 On "I�i'FtBE../"7/sY210 before me, Date personally appeared ss. ota Name and Tide of Officer (e.g., "Jane Doe, Notary Public") 2/4J Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me improved to me on the basis of satisf ctory evidence to be the person(.} whose namearg'subscribed the within instrument and acknowledged to me that /tl executed the same in 4r'-r/fir authorized capacity ice, and that by $ itaer/tbeif signature'on the instrument the person), or the entity upon behalf of which the person)) acted, executed the instrument. TN 4y hand offililz- -��- OPTIONAL Signature of Notary Public 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 Document _ Title or Type of Document: AJO re - Document Date: 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 TH OF S UMBPRINT GNER Top of thumb here Number of Pages: /pow Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Cl Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.D. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SQ,A1 i€0 On j0//Ch /DO before me, Date personally appeared RC V.[fl !l"JL* Name and Title of Officer (e.g., °Jane Doe, Notary Public") %1')06-r(So n Name(s) of Signer(s) Place Notary Seal Above impersonally known to me ❑ 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. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public 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 Document Title or Type of Document: LCc) ftp 4 rYtMare irtr d- r- n+( tr. eLna CQ1 Document Date: / 0M/©Lo Signer(s) Other Than Named Above: /je/ie G'vy Qn /c/. n3n C .M/ e) Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Li Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 6' Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OFS G PRINT R Top of thumb here 02004 National NotaryAssociation 0827 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CHICANO PERK 616 NATIONAL CITY BOULEVARD FACADE ESTIMATE Cost estimates for Chicano Perk facade improvement: Metal Logo Sign: $14,617.00 Canopy Structure with Enamel Painted Artwork Design: $27,000.00 Laser -cut or waterjet cut Support Posts: eliminated Painting: $4,383.00 Lighting: $4,000.00 Total: $50,000 EXHIBIT E DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE AND THE DEED OF TRUST SECURING IT MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. NOTE SECURED BY DEED OF TRUST ("Note") National City, California 1. Principal and Interest. , f , 2006 a. FOR VALUE RECEIVED, and in consideration of the Facade Improvement Agreement ("FIA") of even date herewith, by and between the Community Development Commission of the City of National City, ("CDC") and Ildifonso Carillo and Rene Guzman ("Maker"), Maker promises to pay to CDC, or order, at 1243 National City Boulevard, National City, California 91950, or such other place as the holder may from time to time designate by written notice to Maker, the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), or so much as is paid to the contractor for work completed, together with accrued interest from the date of loan and unpaid principal at the simple interest rate of Five percent (5%) per annum. This Note is issued pursuant to the FIA and the deed of trust (the "Deed of Trust"), being executed concurrently herewith, to be recorded in the office of the County Recorder of San Diego County. The Deed of Trust securing this Note and the FIA are sometimes collectively referred to herein as the "Loan Documents." All capitalized terms which are not defined herein shall have the meaning ascribed to them in the FIA. 2. Term of Loan, Due Date and Right of Prepayment. This Note may be prepaid in whole or in part at any time and, from time to time, without notice or penalty. Should the undersigned sell, convey, transfer, further encumber, or dispose of the Property described in the Deed of Trust, or any part of it, or any interest in it, without first obtaining the written consent of CDC, or the then holder of this Note, then all obligations secured by this Note may be declared due and payable, at the option of CDC, or the then holder of this Note. CDC reserves the right to approve all sales, transfers, conveyances, additional encumbrances, or dispositions of the real property. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. If such a sale, transfer, further encumbrance, disposition, conveyance or transfer is approved by CDC, then upon the sale, transfer, Page 1 of 5 further encumbrance, conveyance, transfer all accrued but unpaid interest on this Note shall be paid to CDC, at the option of the CDC, or holder of this Note. The CDC and the undersigned agree that if the improvements detailed in the awarded "Contractor's Agreement and Scope of Work" on the REAL PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained by the Maker for at least five (5) years from the Completion Date of the improvements as determined by the CDC; the Loan will be forgiven including principal and interest and the undersigned shall not be required to repay the loan to the CDC as further detailed in the Facade Improvement Agreement referenced and incorporated hereto. Interest shall be 5% per annum simple interest retroactive to the date of the Loan. Any payments received shall first be applied first to accrued interest then to the principal. No payments are due during the term of this loan, unless the loan is accelerated due to conditions mentioned hereinabove and in the Facade Improvement Agreement. 3. Security for Note. This Note is secured by the Deed of Trust of even date herewith executed by Maker, which creates a lien on that certain real property described therein and by the Loan Documents. 4. Acceleration Upon Default. In the event of any default under the terms of this Note after the expiration of all applicable cure periods, as set forth in the FIA and the Deed of Trust, at the option of the holder of this Note, and after written notice to Maker providing Maker with thirty (30) days in which to cure any default, all principal and interest due under this Note and the Note shall immediately become due and payable, without further notice. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent default. 5. Costs Paid by Maker. Maker agrees to pay the following costs, expenses, and attorneys' fees paid or incurred by the holder of this Note, or adjudged by a court: (a) reasonable costs of collection, costs, and expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed; and (b) costs of suit and such sum as the court may adjudge as attorneys' fees in any action to enforce payment of this Note or any part of it. 6. Payment and Interest Calculation. Principal and interest shall be payable in lawful money of the United States of America. Interest shall be computed based on a 360-day year and 30-day month and the actual number of days elapsed. Payments shall be applied to interest first and then to any unpaid principal balance. Page 2 of 5 7. Incorporation of the FIA. The provisions of the FIA are expressly incorporated in this Note by this reference. 8. Waiver. Maker hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this Note, and expressly agrees that, without in any way affecting the liability of Maker hereunder, CDC may extend any maturity date orthe time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note, or on any deed of trust, security agreement, guaranty or other agreement now or hereafter securing this Note. 9. Non -Recourse. (a) This Note is non -recourse to Maker. (b) Maker shall indemnify, defend, protect and hold CDC harmless from and against any and all loss, damage, liability, action, cause of action, cost or expense (including, without limitation, reasonable attorneys' fees and expenses) incurred by CDC as a result of any (i) fraud or material misrepresentation under or in connection with the Loan or any Loan Document; (ii) intentional bad faith waste of the real property more particularly described in the Deed of Trust; (iii) losses resulting from Maker's failure to maintain insurance as required under the Deed of Trust; and (iv) misapplication of any rents, security deposits, insurance proceeds, condemnation awards or any other proceeds derived from the collateral security in a manner prohibited by the Loan Documents. CDC shall promptly provide Maker with written notice of any event for which Maker has an indemnification obligation as provided in this Paragraph 9(b). 10. Late Charge. In addition to the foregoing, if any installment due hereunder, including but not limited to the final "balloon payment" due on maturity, is not paid within fifteen (15) days from the date due, Maker promises to pay a "late charge" of five percent (5%) of the installment so overdue to defray the expense incident to handling any such delinquent payment or payments. 11. Severability. If any provision of this Note is determined to be void by court of competent jurisdiction, such determination shall not affect any other provision of this Second Advance Note, and such other provisions shall remain in full force and effect. Page 3 of 5 12. Non -Waiver. No delay in demanding or failure to demand performance hereunder shall constitute a waiver by holding of its right to subsequently demand such performance or to exercise any remedies for any default hereunder. Further, in order to be effective, any waiver of any of CDC's rights and remedies hereunder shall be expressed in a writing signed by CDC. Further waiver by CDC of any right hereunder shall not constitute a waiver of any other right, including but not limited to the right to exercise any and all remedies for a different or subsequent event of default hereunder. 13. Replacement Note. The undersigned agrees that, in the event that this Note shall become lost or stolen, upon request of CDC, the undersigned shall execute a replacement Note incorporating the terms hereof, provided that CDC shall furnish a written agreement to indemnify the undersigned against all losses, costs, and damages arising from a duplicative demand for payment under this Note. 14. Interpretation. This Note shall be governed and interpreted in accordance with applicable California law. Maker: Rene Guzman and Ildifonso By: _ I sc C 1 \\\ Print Nam Its: By: Print Name: - (�-1 sZ .kr7 at-7 Its: Page 4 of 5 State of California ) ss: County of San Diego ) On - , 2006, before me, th.,.nl.a.ig.,,1, a Notary Public in and for the County of San Diego, State of California, personally appeared Sly/ ) CAIWZ-1-0 personally known to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within Note Secured by Deed of Trust 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. Witness my hand and official seal. Notary Public Page 5 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On 6'Tgriaati2 , before me, M4rehia 14 JOY /, ''\\ Name and Title ofQ ,Officer (e.g., "Jane Doe, Notary Public") fA L)(pj50 nirn-/�-l! Date Z1,6 D personally appeared Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(- whose name subscribed to the within instrument and acknowledged to me that he/she/they executed the same in I r/ttnsir authorized capacity(jp , and that by hi jth ir" signatures on the instrument the person*, or the entity upon behalf of which the perso! $) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public 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 Document -r,J Title or Type of Document: I(�-i � 4y /'gliST y--4es-cAe. i oco. Lfi fi fssx m r-e2tch,ro Document Date: ��/ 'iCO 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 C Trustee ❑ Guardian or Conservator L Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 6'u2mrrn ) Signer's Name: J Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OF S BPRINT ER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofF/l) On `EE-l`/i•3 before Date personally appeared ss. me, PM 4074 LU/4 / iticlesbeY ,'t^ Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) WPGAR11A t1N1A Ccmmision di 1611272 Nola y Pubic - Coilomio ; San Otago County M►Conm. Expires Feb 20 201 Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(a9-whose name ai subscribed to the within instrument and acknowledged to me that :/they executed the same in 4 '--r/Ik€ir authorized capacity(( , and that by J4er/tl4 signaturepf on the instrument the person ), or the entity upon behalf of which the person,) acted, executed the instrument. W TNES my hand and offis2ah OPTIONAL Signature of Notary Public 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 Document _ Title or Type of Document: AJO T� Document Date: "-III—le Signer(s) Other Than Named Above: , I N41-_ bP- 77,20 37— Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Li Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here /fOLS Number of Pages: C4/Ll 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 Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 RESOLUTION NO. 2006 — 215 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A FACADE IMPROVEMENT AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RENE GUZMAN AND ILDIFONSO CARRILLO, OWNERS OF CHICANO PERK FOR FACADE IMPROVEMENTS, AND AUTHORIZING THE EXPENDITURE IN THE NOT TO EXCEED AMOUNT OF $50,000 FOR SUCH IMPROVEMENTS WHEREAS, the Community Development Commission of the City of National City ("CDC") is in charge of administrating the Facade Program whose goal is to revitalize the older commercial buildings within the Redevelopment Area; and WHEREAS, the owners of Chicano Perk, located at 616 National City Boulevard, have committed to improving their property by financing an entire interior remodel project; and WHEREAS, the owners of Chicano Perk have shown good will by participating in the City's SDSU Technical Assistance Program which has identified a facade treatment as one of their list of recommendations; and WHEREAS, the expenditure of funds for the improvements to Chicano Perk is not to exceed $50,000 from the CDC's current FY06/07 Economic Development fiscal budget (Fund # 900731). NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board hereby authorizes the expenditure of funds for the improvements to Chicano Perk located at 616 National City Boulevard in the not to exceed amount of $50,000. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute a Facade Improvement Agreement between the Community Development Commission of the City of National City and Rene Guzman and Ildifonso Carrillo, the owners of Chicano Perk. PASSED and ADOPTED this 3rd day of O er, 2006. ATTEST: 4 ✓�l, Chris apata, c etary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Nick Inzunza,Chairman Passed and adopted by the Community Development Commission of National City, California, on October 3, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Chairman Cerpmunity Development Commission l Secretary Comm jfnn)ty/Development Commission rL By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-215 of the Community Development Commission of the City of National City, California, passed and adopted on October 3, 2006. Secretary Community Development Commission By: Deputy COMMUNITY DEVELOPMENT COMMISSION Council Agenda Statement 28 MEETING DATE: October 3, 2006 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission authorizing the Chairman to execute an agree- ment between the Community Development Commission and Ildifonso Carrillo and Rene Guzman, owners of Chicano Perk, and authorizing the expenditure of $50,000 from redevelopment funds for the improvements to Chicano Perk at 616 National City Boulevard . PREPARED BY: Angela Nazareno Economic Development Manager DEPARTMENT: Community Development Commission EXPLANATION: The owners of Chicano Perk, a cafe y culture successfully opened their second location here in the heart of National City's Morgan Square district back in January of 2006. Since the purchase of the building, the owners made improve- ments by completing an entire interior remodel. Additionally, they participated in the City's Technical Assistance Program through San Diego State University (SDSU) and received a report which identified areas of their business that required improvement. One of those areas to improve was their facade. They submitted a Facade application and an architect /designer group was assigned to them. The total cost for the facade improvements is estimated at $50,000. This amount includes: prep work and painting, signage, window treatment, and an tiled awning. Environmental Review: X N/A Financial Statement: Funds are available in FY06/07 CDC's Economic Development Division in the Facade Program's budget for $50,000 from redevelopment funds in account # 900731. Account NO. Oa 3 r( J STAFF RECOMMENDATION: Adopt the resolution BOARD/COMMISSION RECOMMENDATION: N/A I ATTACHMENTS (Listed Below) 1. Resolution 2. Agreement 3. Rendering 4. Estimate Resolution No. O O b c J J RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A FACADE IMPROVEMENT AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RENE GUZMAN AND ILDIFONSO CARRILLO, OWNERS OF CHICANO PERK FOR FACADE IMPROVEMENTS, AND AUTHORIZING THE EXPENDITURE IN THE NOT TO EXCEED AMOUNT OF $50,000 FOR SUCH IMPROVEMENTS WHEREAS, the Community Development Commission of the City of National City ("CDC") is in charge of administrating the Facade Program whose goal is to revitalize the older commercial buildings within the Redevelopment Area; and WHEREAS, the owners of Chicano Perk, located at 616 National City Boulevard, have committed to improving their property by financing an entire interior remodel project; and WHEREAS, the owners of Chicano Perk have shown good will by participating in the City's SDSU Technical Assistance Program which has identified a facade treatment as one of their list of recommendations; and WHEREAS, the expenditure of funds for the improvements to Chicano Perk is not to exceed $50,000 from the CDC's current FY06/07 Economic Development fiscal budget (Fund # 900731). NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board hereby authorizes the expenditure of funds for the improvements to Chicano Perk located at 616 National City Boulevard in the not to exceed amount of $50,000. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute a Facade Improvement Agreement between the Community Development Commission of the City of National City and Rene Guzman and Ildifonso Carrillo, the owners of Chicano Perk. PASSED and ADOPTED this 3rd day of October, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel FACADE IMPROVEMENT AGREEMENT THIS AGREEMENT, is made between the Community Development Commission of the City Of National City hereafter referred to as the "CDC", and RENE GUZMAN AND ILDIFONSO CARRILLO, hereafter referred to as the Property Owner" and CHICANO PERK, hereafter referred to as the Participant", located at 616 NATIONAL CITY BOULEVARD in National City, California. RECITALS 1. The CDC desires to stimulate private investment in the City's Commercial Districts. 2. The CDC believes that investment on improvements visible to customers, neighboring merchants, and residents will beautify the commercial corridors and increase the volume of business by making the districts and individual businesses more attractive. 3. The CDC has adopted and established a Commercial Facade Improvement Program (The Program) to assist property and business owners to improve their properties located in designated areas of the City of National City. 4. The designated areas of the City of National City are major commercial streets in the Redevelopment Area. 5. The parties acknowledge that in utilizing The Program to make improvements to the property, the participant may be require to follow State Prevailing Wage Rates Requirements. 6. The CDC and the City of National City have determined that the property subject to this Agreement is located in the Redevelopment Area and is eligible to participate in the Program. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, the CDC and the Property Owner agree as follows: AGREEMENT I. DEFINITIONS The following terms shall have the following meanings whenever used in this Agreement, except where the context clearly indicates otherwise. Any ambiguity as to the intended meaning or scope of the terms set forth below will be resolved solely by the CDC through its designated representative. Page 1 of 8 1. Completion Date is defined as the date that the contractor has finished the physical improvements per the Contractor's agreement and Scope of Work and to the satisfaction of the CDC, as evidenced by final inspection and sign off by a City's building inspector. 2. Facade is defined. as the exterior of a commercial building visible from the public street, and excludes all else, unless otherwise determined by the Economic Development Manager. 3. The Property is defined as the unit of real property as identified within the County Recorder's documents which will be improved pursuant to this agreement. For purposes of this agreement, the Property is that real property commonly known as 616 National City Boulevard, National City. 4. Program Manager is defined as the CDC's designated representative for the Commercial Facade Improvement Program. 5. Project is defined as the total improvements made to subject property outlined in the Contractor's Scope of Work and approved by the Program Manager. 6. Total Cost Expenditure is defined as the total actual costs incurred by and paid for completing the project. 7. Contractor is defined as a California Licensed General Contractor selected through the bidding process to complete the improved at the project address. Contractor is to provide proof of license and insurance to the City at time of the bid process. 8. Participant is defined as the Property and/or Business Owner of the said property in which the Facade improvements are made. 9. Property Owner is defined as the person(s) on Title of the property as shown on the records of the San Diego County Recorders Office and identified on the Certificate of Ownership form (Exhibit A). 10. Request for Proposal (RFP) is defined as all City, Contractor, and Architect documents which detail the improvements on the subject property. 11. CERTIFICATION OF OWNERSHIP The Property Owner of the Property agrees to the improvements to the Property pursuant to this Agreement and has signed the Certificate of Ownership, attached as Exhibit A and by this reference made a part of this Agreement. Page 2 of 8 III. CONSENT OF PARTICIPANT The Participant consents to the construction of improvement on the Property which are contemplated by this Agreement. IV. PROPERTY OWNER'S RESPONSIBILITIES 1. The Property Owner shall submit an application form to the Program Manager. 2. The Property Owner shall meet with the Program Manager and the architect designated by the Program Manager to discuss the design for the facade improvements. 3. The Property Owner shall sign the architectural rendering prepared by the designated architect and, by signing, accept the design for the facade improvements. The architectural rendering is attached as Exhibit B and by this reference made part of this Agreement. 5. For those projects which may qualify as Historic Preservation Projects, Property Owner shall provide all documentation requested by the Program Manager to make such a determination. Property Owner must have been designated by the Historic Resources Board as owning a designated historic structure or classified as a contributing structure, or be included on a locally defined historic building inventory in a designated historic district, and that any improvements be consistent with the historical character of the property. 6. The Property Owner agrees to maintain the improvements made pursuant to this agreement in good condition, and to repair or replace any damage which occurs to the improvements, for a period of five (5) years following the completion date of the improvements as agreed upon by the CDC. 7. The Property Owner agrees to not increase the rent to the tenants for a period of five (5) years following the completion date of the improvements. V. LOAN TO PROPERTY OWNER 1. The CDC hereby makes a Loan in the amount of $50,000 to the PROPERTY OWNER, RENE GUZMAN AND ILDIFONSO CARRILLO for the purpose of rehabilitating the Facade at 616 National City Boulevard (the PROPERTY). Said Loan is subject to be immediately repayable to the CDC if the PROPERTY is sold, leased, conveyed, refinanced(except for refinances involving existing secure debt which is in a superior position to the CDC Loan secured by this Page 3 of 9 Agreement), vacated, transferred, assigned, alienated, or hypothecated within five (5) years from the Completion Date of the improvements as defined and at the option of the CDC. VI. CONDITIONS OF LOAN / T 1. The Property Owner and CDC agree that if the improvements detailed in Exhibit E, the "Cost Estimate for Improvements" on the PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained for at least five (5) years from the Completion Date of the improvements; the Loan will be forgiven and the Property Owner shall not be required to repay the loan to the CDC. However, should the PROPERTY be sold, hypothecated, vacated, leased, transferred, assigned, or alienated, or if it is determined by the CDC that the facade improvements describe hereinabove are not maintained per this agreement for at least five (5) years from the Completion Date of the improvements, then this Loan shall be repayable in full by the Property Owner to CDC, upon demand, with interest. Interest shall be 5% per annum simple interest retroactive to the date of the Loan. Any payments received shall first be applied first to accrued interest then to the principal. VII. RECORDATION OF AGREEMENT 1. The Property Owner and the CDC agree that this Facade Improvement Agreement shall be recorded in the Office of the County Recorder and shall constitute constructive notice to the public that upon sale, hypothecation, assignment, lease, transfer, or alienation less than five (5) years from the Completion Date of the Improvements, the Loan shall be repayable with interest retroactive to the date of the Loan. 2. If the improvements detailed in Exhibit E, "Cost Estimate for Improvements" on the PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained for at least five (5) years from the Completion Date of the improvements as determined by the CDC, then the Loan as referenced herein, shall have no further force and effect upon the PROPERTY and the CDC shall execute and RECORD a full reconveyance of the title any and all documents necessary to clear title to the PROPERTY upon the request of the Property Owners. VIII. CDC'S RESPONSIBILITIES 1. The Economic Development Manager shall meet with the architect and the Property Owner to discuss designs for the facade improvements. Page 4 of 9 2. The CDC shall be responsible for hiring the Contractor from the RFP process licensed by the California Contractors State License Board to complete the improvement work, as identified by the RFP. 3. The CDC shall be responsible for all payments to the Contractors or other third parties. The sole source of funding for such payments shall be the Loan/Grant referred to hereinabove. 4. The Economic Development Manager shall ensure that the improvements were completed in accordance with the architectural rendering in Exhibit B. 5. The Economic Development Manager shall review the final bill and receipts submitted by the Contractor and, if all the obligations under this Agreement have been met, shall issue full payment within thirty days of receipt. DC. TIME OF PERFORMANCE The parties anticipate that the Contractor shall complete the facade improvements within 6 MONTHS of the date of this agreement and that the Contractor shall submit final bills and receipts to the Economic Development Manager no later than thirty days after the Completion Date. X. PROJECT FUNDING The CDC has determined that this Project qualifies for Redevelopment Funds. The CDC agrees to pay the Total Cost Expenditure not to exceed $50,000, pursuant to the Loan/Grant referred to hereinabove, provided that the Property Owner complies with the conditions of the loan set forth in Section VI, herein. XI. ORAL REPRESENTATIONS; INTEGRATION This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms of this Agreement, and no verbal understanding of the parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to by both Parties in writing. All prior negotiations and agreements are merged into this Agreement. XII. CHANGES OR AMENDMENTS TO AGREEMENT All amendments to this Agreement shall be in writing signed by the Property Owner, Participant and the CDC. Page 5 of 9 This Agreement is executed by The Community Development Commission (CDC) of the City of National City acting by and through its Commissioners, and by the Property Owners and the Participant. Dated this day of , 2006. COMMUNITY DEVELOPMENT COMMISSION (OWNER) I APPROVE the form and legality of this Agreement this day of , 2006. GEORGE EISER, City Attorney By Assistant City Attorney Dated this l day of . 2006. Dated this 1 t day of By Chris Zapata, Executive Director PROPERTY OWNER: Print Name: C(u A' By� Print Name: a c 7Z VI c r'1 2006. CHICANO PERK COFFEE (Participant): ( Print Nam c� CC"-s tl) Officer Title: (`C'&" B Print Name: n 0702..mcy n Officer Title: OG'(3 tom- )(— Page 6 of 8 A -Certificate of Ownership B-Architectural Rendering C-Deed of Trust D-Note E- Cost Estimate EXHIBITS: Page 7 of 8 State of California ) ) ss: County of San Diego On J '1 EENiilel2 /a , 2006, before Margarita Luna, the undersigned, a Notary Public in and for the County of San Diego, State of California, personally appeared Ildifonso��C,,,��a�rrr,illo personally known to me on the basis of satisfactory evidence, to be the person( jwhose name('S-h: are subscribed to the within Facade Improvement Agreement Affecting Real Property and acknowledged to me that 6Iocte/tkey executed the same in hi /! r/t yeir authorized capacity(iti4), and that by OP t4eir signature] on the instrument the personM or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Notary P tic Page 8of8 MARGARITA WNA Commission 11641272 Notary Public - California Ran ONpo County My Contest Expires Feb26.201 Corporate Officer — Title(s): RIGHT TH OF S G PRINT R Top 01 thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of , A) L3L r 0 On 4/B3CYXp , Date personally appeared before me, Ai/ Q1g'7 i-thtYti Atrifiq Name and Title of Officer (e.g., "Jane Doe, Notary Public") /FcIL SO C4 J LI—b Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person($ whose name :t azsubscribed to the within instrument and acknowledged to me that C9/s14e/theay executed the same in /laer/thotr authorized capacity(i06), and that by hi bet/their • signature on the instrument the person(0), or the entity upon behalf of which the person(.j' acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public 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 Document c _ Title or Type of Document: !� (yr`�✓ Document Date: LTerienc&32/Oi Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual n LJ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: iuzin,h ) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CO 2004 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 RIGHT THU OF SIG PRINT n Top of thumb here Reorder Call Toll -Free 1-800-876-6827 COMMUNITY DEVELOPMENT COMMISSION FACADE IMPROVEMENT PROGRAM CERTIFICATION OF OWNERSHIP/ CONSENT TO IMPROVEMENTS i\ y Q' i ("Property Owner") hereby certify that LAJQ— (list all owners) is/are the Owner( of rec of c rtain commercial real property commonly known as �� �( � SZAsc\ • (address), National City, California. As Property Owner(s), we further certify that to the best of our knowledge, there are no current code enforcement actions pending against the real property described above. I/We declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed this M day of YL-c 671 (-2_44 ct k ) Tscoe2,4D Q.K_)„,7 in National City, California. (Property Owner) (Sign. ure (Print Name) Exhibit A Page 1 of 1 MW 14 1M 1M 11 MM 1M MM M1 M1 11 M 1M 3 3 m y N 1 If 1 51 M 1 M 1 1 1 1 1 N ■ M 1 1 h 'vs 4 •" 6 M M 1 m M R R g U {q 1 O N 1 1 N M y ce` �'" rry uP8 %M 07 k1 Y7 m7 Y7 �!� NM N7 VV 4i7 1M q1 11 NM MM SM 1 } ::t "! ,W n: ik Q x $ a3 V N 1 M is MM NM yN N1 yx M1 MN. NN.; 1d i 91M O® y1 1M MN.. 1N NM t�...■N MM. Al N 1 at N MI M 1 N M 1 M y� MN VM M 11 1NM 1� MN 1M q� O.. 1.. Mw.. Me, Mm CHICANO PERK 616 NATIONAL CITY BOULEVARD FACADE ESTIMATE Cost estimates for Chicano Perk facade improvement: Metal Logo Sign: $14,617.00 Canopy Structure with Enamel Painted Artwork Design: $27,000.00 Laser -cut or waterjet cut Support Posts: eliminated Painting: $4,383.00 Liahtinq: $4,000.00 Total: $50,000 EXHIBIT E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of q /LJ 2 it [D On /l /%—Oto , before Date personally appeared me, , ,444ttr-�l- IJJ J3 -Y /-� Name and Title ofOfficer(.e.g.,, "Jan(Doe, Notary Public") 2qGU-ter'r''N Name(s) of Signer(s) Place Notary Seal Above O personally known to me roved to me on the basis of satis actory evidence e the person 4vhose nam= ». .ar6 subscribed the within instrument and acknowledged o me that ;}theft. executed the same in er/th9trrr authorized capacity(, and that by 4• - /th)aif signature on the instrument the person(s`), or the entity upon behalf of which the person acted, executed the instrument. TNES my hand and official seal. OPTIONAL Signature of Notary Public 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 Documen—, _ Title or Type of Document: J� / 71 Pi-(fe- 7"gym �' 1'� Document Date: �`'/8 `�� Number of Pages: USJ Signer(s) Other Than Named Above: --72L t L 0%4ZA1 L1—v Capacity(ies) Claimed by Signer(s) Signer's Name: II Individual LJ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): �i Partner — ❑ Limited ❑ General LI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 RIGHT THUMBPRINT OF SIGNER Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF A STATE AGENCY FORMED BY THE CITY OF NATIONAL CITY Recording Requested By: Community Development Commission of The City of National City Economic Development Division 1243 National City Blvd National City, CA 91950 And When Recorded Mail To: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 DEED OF TRUST THIS DEED OF TRUST is made this _ day of S14 th2/1 , 2006, by RENE GUZMAN AND ILDIFONSO CARRILLO, whose address is 137 25`h Street, Diego, CA 92102, ("Trustor"), to Chicago Title Company, a California corporation ("Trustee"); for the benefit of the Community Development Commission of the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950; TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as: (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by a promissory note of even date herewith executed by Trustor, in the principal sum of F1 1 Y THOUSAND AND NO/100 DOLLARS ($50,000.00), and any renewal, extension, or modification of the promissory note (the "Note"); 1 (2) Any additional sums and interest that may hereafter be loaned to the then record owner of the Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured; and (3) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: Maintenance and Repair (1) To keep the Property in good condition and repair; not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed on the Property; to pay when due all claims for labor performed and materials furnished for the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer, or permit any act upon the Property in violation of law; and to cultivate, maintain the landscaping, and do all other acts that from the character or use of the Property may be reasonably necessary. Fire Insurance (2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust and in any order determined by Beneficiary, or at the option of Beneficiary the entire amount so collected or any part of that amount may be released to Trustor, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of, such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Defense of Security (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Payment of Liens and Taxes 2 (4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. Reimbursement of Costs (5) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any beneficiary statement requested by Trustor or any other beneficiary of a Deed of Trust encumbering the Property regarding the obligation secured by this Deed of Trust. Obligations of Trustor (6) That Trustor will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. (7) That the Facade Improvement Agreement referred in the Note is incorporated herein by reference and made a part of this Deed of Trust. (8) To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. TRUSTOR AGREES THAT: 3 Condemnation Award (1) Any award of damages in connection with any taking or condemnation, or for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary, as its interest may appear as further security for all obligations secured by this Deed of Trust, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. Waiver of Late Payments (2) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. Trustee's Powers (3) Upon written request of Beneficiary and presentation of this Deed of Trust, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and recording, or either, of any map or plat of all or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining property as security for the repayment of the full amount secured by this Deed of Trust. Full Reconveyance (4) Upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been performed in full, surrender of this Deed of Trust, any notes secured by this Deed of Trust to the Trustee for cancellation and retention, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. Absent manifest error, the recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy the Note and this Deed of Trust, unless directed in the request to retain them. 4' Assignment of Rents (5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Default in Foreclosure (6) Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or in the performance of any obligation under this Deed of Trust for which cure has not been commenced within thirty (30) days and thereafter completed•with diligence, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of Trust, a copy of the Agreement, and all other documents evidencing obligations secured by this Deed of Trust. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, 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 sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. Absent manifest error, the recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; 5 all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. Further Encumbrances (7) Should the trustor agree to or actually sell, convey, transfer, or dispose of, or further encumber the Property, or any part of it, or any interest in it (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Deed of Trust may be declared due and payable, at the option of the Beneficiary, unless such Transfer is permitted under Section 603 of the OPA (as defined in the Note). Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. General Provisions (8) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the Community Development Commission of the City of National City, and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. Acceptance by Trustee (9) 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 to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. Substitution of Trustees (10) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Cumulative Powers and Remedies (11) The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 6 Conclusiveness of Recitals (12) The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. Attorneys' Fees (13) If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. Co -trustees (14) If two or more persons are designated as Trustees in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns. Request for Notices of Default and Sale (15) In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and.a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. Reasonable Inspection 7 (17) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, with at least 24 hours advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. Hazardous Materials (18) For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substances in (or for purposes on the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. §9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. §1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (19) In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither thb Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of 8 Trustor. Notwithstanding the foregoing, Trustor's obligations under this section shall not apply to any losses, liabilities, damages, injuries, costs, expenses, or claims which arise out of or relate to Hazardous Materials which are generated, released or stored on the Property after the date that Beneficiary takes possession thereof. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. Continuing Obligations (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. Successor Owners (20) Each successor owner of an interest in the Property other than through foreclosure or deed in lieu of foreclosure, shall take its interest subject to this Deed of Trust. Governing Law (21) This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. TRUSTOR: 9 ILDIFONSO CARRILLO AND RENE GUZMAN B- Print Name: Its: Print Name: +� t1.-.P _ C—r J-L..Yvk et - Its: 10 Exhibit "A" Legal Description All of lots 17 and 18 excepting therefrom the Westerly 45 feet thereof, and excepting therefrom the Southerly 15 feet of Lot 17 thereof, in Block 7 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the office of the County Recorder of San Diego County, October 2, 1882. 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i(c :?t California County of AJ 2 tI C On . I3 /4 o before me, M-M8 r7 /LtL41 /(J -Y 5° C Date personally appeared J1--d l SO y - L Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) PPAlt8A11111 W# C mmiudon * 1641272 Nolary Public • Callan* San Diego Counly 4 Wawa Sipes Feb26. 201 Place Notary Seal Above ❑ personally known to me proved to me on the basis of satis -ctory evidence to be the person whose nam- _4Carrisubscribed to the within instrument and acknowledged to me that he/she/they executed the same in /tfi€r authorized capacity(), and that by laer/tJ signatureJon the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESSl. my hand and official 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 Document Title or Type of Document: �JG� Document Date: 9//466Z) a 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 Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswonh, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ...54/0 lil'O On /9,e?L15lp before me, Date personally appeared H m' Luv , y �c Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me ,.& proved to me on the basis of satisfactory evidence to be the person( j whose nam- ilk are subscribed to the within instrument and acknowledged to me that /stie/thor executed the same inW./taer/their authorized capacity(ie and that by fielOtbeir signature(50n the instrument the person(, or the entity upon behalf of which the personK acted, executed the instrument. TNESS my hand and official seal. a � OPTIONAL d[Signature of Notary Public 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 Document Title or Type of Document: �J Document Date: Signer(s) Other Than Named Above: d1, Number of Pages: // lL )17'a-6 0 e1/-I-6 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): 7 Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LII Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2004 National Notary Association • 9350 De Soto Ave., R O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 RIGHT TH OFS UMBPRINT GNER Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE AND THE DEED OF TRUST SECURING IT MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. NOTE SECURED BY DEED OF TRUST ("Note") National City, California 1. Principal and Interest. , 2006 a. FOR VALUE RECEIVED, and in consideration of the Facade Improvement Agreement ("FIA") of even date herewith, by and between the Community Development Commission of the City of National City, ("CDC") and Ildifonso Carillo and Rene Guzman ("Maker"), Maker promises to pay to CDC, or order, at 1243 National City Boulevard, National City, California 91950, or such other place as the holder may from time to time designate by written notice to Maker, the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), or so much as is paid to the contractor for work completed, together with accrued interest from the date of loan and unpaid principal at the simple interest rate of Five percent (5%) per annum. This Note is issued pursuant to the FIA and the deed of trust (the "Deed of Trust"), being executed concurrently herewith, to be recorded in the office of the County Recorder of San Diego County. The Deed of Trust securing this Note and the FIA are sometimes collectively referred to herein as the "Loan Documents." All capitalized terms which are not defined herein shall have the meaning ascribed to them in the FIA. 2. Term of Loan, Due Date and Right of Prepayment. This Note may be prepaid in whole or in part at any time and, from time to time, without notice or penalty. Should the undersigned sell, convey, transfer, further encumber, or dispose of the Property described in the Deed of Trust, or any part of it, or any interest in it, without first obtaining the written consent of CDC, or the then holder of this Note, then all obligations secured by this Note may be declared due and payable, at the option of CDC, or the then holder of this Note. CDC reserves the right to approve all sales, transfers, conveyances, additional encumbrances, or dispositions of the real property. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. If such a sale, transfer,further encumbrance, disposition, conveyance or transfer is approved by CDC, then upon the sale, transfer, Page 1 of 5 further encumbrance, conveyance, transfer all accrued but unpaid interest on this Note shall be paid to CDC, at the option of the CDC, or holder of this Note. The CDC and the undersigned agree that if the improvements detailed in the awarded "Contractor's Agreement and Scope of Work" on the REAL PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained by the Maker for at least five (5) years from the Completion Date of the improvements as determined by the CDC; the Loan will be forgiven including principal and interest and the undersigned shall not be required to repay the loan to the CDC as further detailed in the Facade Improvement Agreement referenced and incorporated hereto. Interest shall be 5% per annum simple interest retroactive to the date of the Loan. Any payments received shall first be applied first to accrued interest then to the principal. No payments are due during the term of this loan, unless the loan is accelerated due to conditions mentioned hereinabove and in the Facade Improvement Agreement. 3. Security for Note. This Note is secured by the Deed of Trust of even date herewith executed by Maker, which creates a lien on that certain real property described therein and by the Loan Documents. 4. Acceleration Upon Default. In the event of any default under the terms of this Note after the expiration of all applicable cure periods, as set forth in the HA and the Deed of Trust, at the option of the holder of this Note, and after written notice to Maker providing Maker with thirty (30) days in which to cure any default, all principal and interest due under this Note and the Note shall immediately become due and payable, without further notice. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent default. 5. Costs Paid by Maker. Maker agrees to pay the following costs, expenses, and attorneys' fees paid or incurred by the holder of this Note, or adjudged by a court: (a) reasonable costs of collection, costs, and expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed; and (b) costs of suit and such sum as the court may adjudge as attorneys' fees in any action to enforce payment of this Note or any part of it. 6. Payment and Interest Calculation. Principal and interest shall be payable in lawful money of the United States of America. Interest shall be computed based on a 360-day year and 30-day month and the actual number of days elapsed. Payments shall be applied to interest first and then to any unpaid principal balance. Page 2 of 5 7. Incorporation of the FIA. The provisions of the FIA are expressly incorporated in this Note by this reference. 8. Waiver. Maker hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this Note, and expressly agrees that, without in any way affecting the liability of Maker hereunder, CDC may extend any maturity date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note, or on any deed of trust, security agreement, guaranty or other agreement now or hereafter securing this Note. 9. Non -Recourse. (a) This Note is non -recourse to Maker. (b) Maker shall indemnify, defend, protect and hold CDC harmless from and against any and all loss, damage, liability, action, cause of action, cost or expense (including, without limitation, reasonable attorneys' fees and expenses) incurred by CDC as a result of any (i) fraud or material misrepresentation under or in connection with the Loan or any Loan Document; (ii) intentional bad faith waste of the real property more particularly described in the Deed of Trust; (iii) losses resulting from Maker's failure to maintain insurance as required under the Deed of Trust; and (iv) misapplication of any rents, security deposits, insurance proceeds, condemnation awards or any other proceeds derived from the collateral security in a manner prohibited by the Loan Documents. CDC shall promptly provide Maker with written notice of any event for which Maker has an indemnification obligation as provided in this Paragraph 9(b). 10. Late Charge. In addition to the foregoing, if any installment due hereunder, including but not limited to the final "balloon payment" due on maturity, is not paid within fifteen (15) days from the date due, Maker promises to pay a "late charge" of five percent (5%) of the installment so overdue to defray the expense incident to handling any such delinquent payment or payments. 11. Severability. If any provision of this Note is determined to be void by court of competent jurisdiction, such determination shall not affect any other provision of this Second Advance Note, and such other provisions shall remain in full force and effect. Page 3 of 5 12. Non -Waiver. No delay in demanding or failure to demand performance hereunder shall constitute a waiver by holding of its right to subsequently demand such performance or to exercise any remedies for any default hereunder. Further, in order to be effective, any waiver of any of CDC's rights and remedies hereunder shall be expressed in a writing signed by CDC. Further waiver by CDC of any right hereunder shall not constitute a waiver of any other right, including but not limited to the right to exercise any and all remedies for a different or subsequent event of default hereunder. 13. Replacement Note. The undersigned agrees that, in the event that this Note shall become lost or stolen, upon request of CDC, the undersigned shall execute a replacement Note incorporating the terms hereof, provided that CDC shall furnish a written agreement to indemnify the undersigned against all losses, costs, 'and damages arising from a duplicative demand for payment under this Note. 14. Interpretation. This Note shall be governed and interpreted in accordance with applicable California law. Maker: Rene Guzman and Ildifonso By:�' sc5 CO.,rc :\ Print Nam Its: By: Print Name: -.e,yt e (1,74y1 Its: Page 4 of 5 State of California ) ss: County of San Diego ) / e9.g,2ti Li/dol. On - %' , 2006, before me, t1.cz,.,1.,.s;5.,.,1, a Notary Public in and for the County of San Diego, State of California, personally appeared _22- .TL.A/Ff/.60 iQ,Q/L1O personally known to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within Note Secured by Deed of Trust 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. Witness my hand and official seal. Notary Public Page 5of5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of o }/l) t(lE6D On e7E1%*61-12 y2, gyp, Date personally appeared before me, ss. Mee ►u�;ucy L; Name and Title of Officer (e.g., "Jane Doe, Notary Public") /z4) (PA.?-) c of Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person0 whose name subscribed to the within instrument and acknowledged to me that he/she/they executed the same in r/thtir authorized capacity(A, and that by .rltt,ir" signature) on the instrument the person $, or the entity upon behalf of which the person}$) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public 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 Document y�—, Title or Type of Document: 05t�''is b 4IJZiff)A 7t t_iieprze. t QorC»t�`.� tt�zs2 Yl itsT—( ttC11 D � Document Date: Id/ < 060 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual rl Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee rl Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 OF SIGNER Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California"ia�� County of .514/t.5 2l1'(7 On %.../r:30143Ee-1,i,J before Date personally appeared me, 074 441/44, itiCrY Name and Title of Officer (e.g., "Jane Doe, Notary Public") G1J2I7 Name(s) of Signer(s) MARGAR111 ULNA Commission f 1641272 Notary RrbMc - California San Diego County [ INyCc nm• Expbsfsb25, 201 Place Notary Seal Above ❑ personally known to me improved to me on the basis of satisfactory evidence to be the personA• whose name argsubscribed to the within instrument and acknowledged to me that :/t119 j executed the same in /ilk'' r/fir authorized capacity((((, and that by /tFjaif signature on the instrument the persory(S), or the entity upon behalf of which the person(S) acted, executed the instrument. ykITNES my hand and official%--�" OPTIONAL Signature of Notary Public 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 Document _ Xi 46-454 �� %SST Title or Type of Document: /(� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 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 Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder Call Toll -Free 1-800-876-6827 September 6, 2006 CHICANO PERK 616 NATIONAL CITY BOULEVARD FACADE ESTIMATE Cost estimates for Chicano Perk facade improvement: Metal Logo Sign: $14,617.00 Canopy Structure with Enamel Painted Artwork Design: $27,000.00 Laser -cut or waterjet cut Support Posts: eliminated Painting: $2,000.00 Lighting: $4,000.00 Total: $47,617 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 November 1, 2006 Gregory J. Smith Assessor / Recorder / County Clerk County of San Diego Post Office Box 1750 San Diego CA 92112-4147 Dear Mr. Smith: We are submitting the following documents in duplicate for recording: Facade Improvement Agreement and Deed of Trust: National City Community DevelopmentCommission — Facade Improvement Agreement Rene Guzman and Ildifonso Carrillo. Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. • Michael R. Dalla City Clerk Enclosure cc: Engineering File No. C2005-50 ® Recycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 November 13, 2006 Mr. Ildifonso Carrillo and Ms. Rene Guzman Owners: Chicano Perk 137 25th Street San Diego, CA 92102 Project: National City — Facade Improvement Agreement Chicano Perk 616 National City Boulevard Resolution No. 2006-215 Dear Mr. Carrillo and Ms. Guzman: On October 3, 2006, the Community Development Commission of the City of National City passed and adopted Resolution No. 2006 - 215, authorizing a Fa9ade Improvement Agreement. We are pleased to enclose one copy of the fully executed agreement and one certified copy of the Resolution for your records. Should you have any questions, please contact Mr. Brad Raulston, Executive Director, Community Development Commission, at (619) 336-4250. Sincerely, 4 Michael R. Dalla City Clerk MRD Enclosure cc: CDC File C2006-50 ® Recycled Paper