HomeMy WebLinkAbout2012-014 Marriott Spring Hill Suites Deferral Agreement AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT FEES
This Agreement for Deferral of Development Impact Fees ("Agreement"), dated. Im
reference purposes as first indicated on the cover page, is entered into by and between the CITY
OF ATASCADERO, a California municipal corporation ("City") and ATASCADERO HOTEL
PARTNERS, LLC ("Developer") on the following terms and conditions:
I
RECITALS
A. Developer is presently developing a Project on the Property located within the
City of Atascadero, California. The Developer will need to obtain permits and approvals for the
Project. A standard condition on the issuance of these peirnits will be the payment of City
imposed Permit and Processing Fees and Development Impact Fees. These Permit ali'd
Processing Fees and Development Impact Fees are generally payable to the City at the time the
project applicant submits an application to the City for these permits and approvals.
E. The City has established a regular program of imposing the payment of specified
Permit and Processing Fees on the construction of new development projects within the City
with respect to the conriection of the Project to City utility services as well as inspection and
processing of permits by various City departments. These fees are typically payable to the City
at the time the project applicant submits an application to the City for these permits and
approvals.
C. The City has established a regular program of the payment of specified
Development Impact Fees to offset impacts on public services from new development within the
City. These fees, listed below, are typically payable to the City at the time the project applicant
submits an application to the City for permits and approvals.
D. In certain instances the City acknowledges that it may be to the public's benefit-to
defer the payment of Permit and Processing Fees or Development Impact Fees until a specified
time after the issuance of the permit or approval, provided adequate security for the future
payment of the fees is provided. Generally where the project involves a significant capital
investment by the developer and will serve to either encourage further development of an area
where development has been stagnant or where the project will provide a needed service,
convenience, or accommodations to residents or visitors the City Council may find that the
project qualifies to have the payment of Permit and Processing Fees or Development Impact Fees
deferred.
E Developer has requested that the Prcject be considered eligible for deferral of
Development Impact Fees, The City Council has found, based on the nature and location of tfle
Project and the convenience it will provide to residents of the City, that the Project qualifies for a
deferral under the terms and conditions of this Agreement. Developer acl"-iowledges and agrees
that absent this Agreement it would be required to pay all Development Impact Fees at the time
the Developer submits Project-related applications to the City,
G Developer and City acknowledge that the California Prevailing Wage law
normally applies to projects where public funds are used for construction or for the payment of
fees that are mandatory conditions of construction. In this case,, City is not paying fees but is
CAM#4842-2834-1265 0
instead deferring payment of them. Developer is absolutely bound to pay all required fees, but
will be allowed to pay the Development Impact Fees over time, with interest. Developer and
City acknowledge that they have each and separately investigated California Prevailing Wage
Law and have each and separately determined that the City's deferral of the Development Impact
Fees does not constitute a contribution of public funds to the Project, as defined by California
Labor Code Section 1720 and described in non-binding decisions issued by the Department of
Industrial Relations interpreting that Section. Notwithstanding the analysis and determination of
the parties, Developer acknowledges that if the Department of Industrial Relations determines
that the deferral of Development Impact Fees is found to constitute payment of public funds for
the Project, then the construction and construction-related activities for the Project would be
subject to the California Prevailing Wage Law and Developer would be required to pay the
general prevailing wage rates of per diem wages and overtime and holiday wages determined by
the Director of the Department of Industrial Relations under Section' 1720, et seq., of the
California Labor Code for all covered work performed on the Project.
DEFINED TERMS
"Action" shall mean any suit (whether legal, equitable, or declaratory in nature),
proceeding or hearing (where administrative or judicial), arbitration or mediation (whether
voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution
process, and the filing, recording, or service of any process, notice, claim, demand,., lien, or other
instrument.
"City" shall mean the City of Atascadero, a municipal. corporation formed and existing
under the laws of the State of California and any successor-in-interest to the rights-, obligations,
and powers of the City.
"Developer" shall mean Atascadero Ilotel Partners, LLC. The term "Developer" shall
also include all assignees, to the extent permitted under this Agreement, of the rights and
obligations of Developer under this Agreement, and any successor-in-interest to Developer
having a legal and/or equitable interest in the Property.
"Development Impact Fees" shall inean those development impact fees imposed and
levied by the City to recover the cost of planned public facilities and to mitigate impacts of
development on the City as are listed below. The Development Impact Fees include:
1. Law Enforcement Facilities
2. Fire Protection Facilities
3. Fire serial Response Vehicle
4. Circulation System
S. Storm Drainage Facilities
6. General Government Facilities
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7. Open Space Acquisition
S. Library Expansion Facilities (Hotels exempt from this fee)
9. Public Meeting Facilities (Hotels exempt from this fee)
10. Park-land (Hotels exempt from this fee)
"Effective Date" shall mean the date the Agreement has been formally approved by tl,-ie
City Council and executed by the appropriate authorities of the City and Developer,
"Interest Rate" shall mean a fixed rate equal to the quarterly investment yield for the
City's investment portfolio as of June 30, 2012, a rate of 0.98%.
"Litigation Expenses" shall mean all costs and expenses, to the extent such are
reasonable in amount, that are actually and necessarily incurred in good faith by the Prevailing
Party directly related to the Action, including-, but not related to, court costs, filing, recording,
and service fees, copying costs, exhibit production costs, special media rental costs, attorneys'
fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses,
deposition and transcript costs, and any other cost or expense reasonably and necessarily
incurred by the prevailing party in good faith and directly related to the Action. Where
attorneys' fees are to be paid by Developer to the Cit-y's law firm on behalf of, or in defense of,
City, the rate to be paid shall be the full litigation rate charged by the City's lav aw firm to the City
in accord with the City's contract with that law firm.
"Other Government Fees" shall mean any and all fees levied on the Project by arty
government entity other than the City, including but not limited to the State of California and arty,
of its agencies, the County of San Luis Obispo, any local school district, or any local special
district.
"Payment Period" shall mean a period of Five (5) years from and after the Effective
Date of the Agreement during which Developer will have 'toP ay the amount of the Development
Impact Fees, plus accrued interest, to the City as provided in section 31 [Terms of Payment].
"Permit and Processing Fees" shall mean those fees imposed and levied by the City
with respect to the connection to City utility services as well as inspection, processing and
granting of permits by various City departments.
"Project" shall mean the construction of a new building of approximately 831,000 square
foot, four-story, 130-room suites hotel (with banquet facility) on the Property that would be
operated by an internationally-known and publicly traded company and that would be suitable
for occupancy and use under Chapter 9 [Plainiing and Zoning] of the City's Municipal Code.
"Property" shall mean that certain real property located at 900 El Camino Real, City of
Atascadero, County of San Luis Obispo, State of Califon-iia., and more particularly described as
"Parcel Y' (1) of the Certificate of Cornpliance recorded January 24- 2013 as Instrument No.
2013004602 in the San Luis Obispo County Recorder's Office and (2) in the Legal Description
attached hereto marked as Attachment"A" and incorporated herein by reference.
CAM PY4842-2834-1265 v3 3
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
1. Deferral And fAyment.
1.1 City's Deferral. The City agrees that Developer may defer payment of the
Development Impact Fees imposed on the Project by City for the Payment Period provided
Developer remains in compliance with the terms, conditions, and covenants of this Agreement.
The parties acknowledge that City normally requires the payment of all Permit and Processing
Fees and Development Impact Fees at the time the project applicant submits an application to the
City for these permits and approvals. In this case, by virtue of this Agreement, the City will
issue permits and approvals for the Project, provided all other requirements for the issuance of
such permits have been met, even though the Developer will not have paid the Development
Impact Fees.
1.2 Developer's Payment.
1.2.1 Permit and Processing Fees. Developer covenants and agrees to timely
pay at the time each Project application is submitted all Permit and Processing Fees imposed on
that application.
1.2.2 Development Impact Fees. Developer covenants and agrees to timely pay
during the Pavi-nent Period the Development Impact Fees, together with all interest accrued
thereon, as provided in this Agreement. Developer acknowledges that Developer's Property will
be encumbered by a lien created by the recording of a second Deed of Trust securing
Developer's payment of the Development Impact Fees,
1.3 Other Government Fees. Developer understands and agrees that the City is
required to collect Other Government Fees that may be imposed on the Project. Developer
agrees to timely pay the Other Government Fees as required by the City. The Other Goveriu-nent
Fees are not subject to deferral pursuant to this Agreement,
1.4 Prevailing Wage Law. California Prevailing Wage law applies to prcjects where
public funds are used for construction or for the payment of fees that are mandatory conditions of
construction. Pursuant to Section 1.1 [City's Deferral], City will defer payment of Development
Impact Fees, but will not itself pay any fees otherwise required to be paid by Developer.
Developer further agrees to pay interest on the deferred Development Impact Fees at the a rate
equivalent to the rate that the City would receive if the City had the Development Impact Fees in
hand and had invested those moneys in the City's investment portfolio.
1.4.1 Deferral is not Payment of Public Funds. Developer is absolutely bound
to pay all required fees, but pursuant to Section 3 [Terms of Payment] will be allowed' to pay
some of them over time, with interest pursuant to Section 3.2 [Pay-anent Over,rime]. The parties,
having each researched California Prevailing Wage Law, agree that this deferral is not a payment
of public funds pursuant to California Labor Code Section 1720(b). The deferral is instead a
CAM#4842-2834-1265 v3 4
market transaction with the Developer paying market rate interest for the opportunity to pay the
Development Impact Fees over time.
1.4.2 Developer's A-reement to ComplyWith Prevailing IVa e Law.
—
Notwithstanding the foregoing, Developer acknowledges that it' the Department of Industrial
Relations determines that the deferral of Development Impact Fees constitutes the payment of
public funds for the Project, then the construction and construction-related activities for the
Project would be subject to the Prevailing Wage Law and Developer would be required to pay
the general prevailing wage rates of per them wages and overtime and holiday wages determined
by the Director of the Department of Industrial Relations under Section 1720, et seq., of the
California Labor Code for all covered work performed on the Project, Without limiting
Developer's obligation to comply with all of the Prevailing Wage Law under the foregoing
scenario, Developer shall at minimum (a) require its contractors and subcontractors to submit
certified copies of payroll records to Developer; (b) maintain complete copies of such certified
payroll records; and (c) make such records available to the City and its designees for inspection
and. copying during regular business hours at the Property or at another location within the City.
Under such scenario,, Developer shall also obligate Developer's contractors and agents to comply
with all such Prevailing Wage Laws.
1.4.3 Developer's Aoreement to Indemnify, and Defend City. If the Departincift
of Industrial Relations determines that the deferral of Development Impact Fees constitutes the
payment of public fiends for the Project, Developer further agrees that it shall indemnify and
defend the City from and against any and all present and future liabilities, obligations, orders,
claims, damages, fines, penalties and expenses (including attorneys' fees and costs) arising out of
or in any way connected with Developer's obligation to comply with all Prevailing Wage Laws
with respect to the work of Public Improvements, including all claims that may be made by
contractors, subcontractors or other third party claimants pursuant to. Labor Code Sections 1726
and/or 1781.
2. Permit and Processing Fees and Development Impact Fees
2.1 Estimated Permit and Processing Fees and Development Impact Fees. The
total estimated amount of Permit and Processing Fees and Development Impact Fees to be paid
for the Project is currently estimated to be $720,220. Of this amount, approximately $110,000
represents Permit and Processing Fees that the Developer agrees to pay at the time that the
Developer submits Project applications on which the Permit and Processing Fees are imposed.
Of the total amount, approximately $610,220 represents Development linpact Fees which the
Developer agrees to pay as provided in Section 3 [Terms of Payment], the Permit and
Processing Fees as provided in this Agreement,
2.2 Changes in Fee Amounts. The parties understand and agree that the amounts set
forth in Section 2.1 [Total Permit and Processing Fees and Development Impact Fees] are
approximations and that the actual amounts may change as the Project is fully designed and
brought to the City for review and approval. The parties agree that changes to the amounts of the
Permit and Processing Fees and/or Development Impact Fees shall not affect the terms of this
agreement, and in particular the payment amounts set forth in Sections 3.2.1 through 3.2.4,
though the final payment arnount set forth in Section 3,2.5 may be adjusted to reflect any change
CAM#4842-2834-1265 v3 5
in Development Impact Fee amounts. Any change in the estimated amount of Permit and
Processing Fees or Development Impact Fees shall be communicated by City to Developer at the
time Project applications are submitted,
3. Terms of Payment of DeveloLment Impact Fees
3.1 Absolute Payment Obligation. Developer has the absolute obligation to pay the
entire outstanding balance of the Development Impact Fees. Notwithstanding the provisions of
this Agreement granting Developer permission to pay the Development liripact Fees over tirrxe,
such payment over time shall not be deemed to waive all or any portion of Developer's
obligation to pay the entire balance of the Development Impact Fees. Failure to fully pay the
Development Impact Fees as required shall be deemed a Default of this Agreement.
3.2 Payment Over Time. to er
shall pay the entire outstandiniz balance of the
Development Impact Fees, plus accrued interest, by no later than the last business day .of the
Fifth (5th) year from and after the Effective Date of the Certificate of Occupancy. Developer
shall make the following payments:
3.2.1 First Payment. On or before the one-year anniversary of the Effective
Date of the Certificate of Occupancy, in the amount of$65,000.
3.2.2 Second PUnient. On or before the two-year ani-fiversaiN, of the Effective
Date of the Certificate of Occupancy, in the amount of$65,000.
3.2.3 Third Payment. On or before the three-year anniversary of the Effective
Date of the Certificate of Occupancy, in the ainoUtlt of$65,000.
3.2.4 Fourth Payment. On or before the four-year anniversary of the Effective
Date of the Certificate of Occupancy, in the amount of$65,000.
3.2.5 Final Payment. On or before the five-year anniversary of the Effective
Date of the Certificate of Occupancy, in an amount equal to the remaining outstanding principal
plus all interest accrued over the term of the Payment Period, an amount currently estimated to
be $374,280 for total estimated payments of$634,280.
3.3 Pre-Payment Option. At any time during the Payment Period, Developer may
pay the entire outstanding principal balance of the Development Impact Fees. Pre-payment shall
include all principal amounts owed and all interest accrued as of that date. There shall be no
penalty for pre-payment.
3.4 Interest Accrual and Payment. From and after the Effective Date of the
Certificate of Occupancy until the outstanding principal balance on the Note has been repaid in
full, the outstanding balance under this Agreement and the Promissory Note shall bear interest at
the Interest Rate. In no event shall the amount of interest paid or agreed to be paid to City
exceed the maximum amount permissible under applicable laws. Z=1
4. Security. As further evidence of Developer's obligation to pay the Development
Impact Fees, Developer shall execute and provide to the City a Promissory Note that is the same
CAM P,4842-2834-1265 v3 6
in all material respects to that attached hereto and incorporated herein by reference .as
Attachment"B", Developer's payment obligation under the Promissory Note and this agreement
shall be secured by a Deed of Trust recorded against the Property subordinate only to a deed of
trust securing the Developer's obligations to the Project's construction lender. The Deed of
Trust shall be the same in all material responses as that attached hereto and incorporated herein
by reference as attachment "C". Upon request from Developer's construction lender, City will
execute a subordination agreement to subordinate the Deed of Trust to the construction lender's
deed of trust against the Property.
R Generallu e nits,
Sal General Indemnity. Except as to the sole negligence, active negligence orwillful misconduct of the City, Developer expressly agrees to, and shall, inderunify, defend,
release, and hold the City, and its respective officials, officers, employees, agents, arid
contractors harmless from and against any action, liability, loss, damage, entry,judgment, order,
and lien, which arises out of, or are in any way related to, any act or omission of Developer, or
its officers, directors, employees, agents, or contractors, connected with the performance under
this agreement, the construction, use, or operation of the Project, notwithstanding that the City
may have benefited therefrom, or any challenge to this agreement. This Vection. shall apply to
any acts or omissions, willful misconduct or negligent conduct,whether active or passive, on the
part of Developer's officers, directors, employees, agents and contractors. The City shall not be
responsible for any acts, errors or ornissions of any person or entity except the City and its
officers, agents, servants, employees or contractors. The Parties expressly agree that the
obligations of Developer under this Vection shall survive the expiration or early termination of
the agreement.
6. Default And Remedies.
6.1 Default. Either party's failure or unreasonable delay to perform any term or
provision of this agreement constitutes a Default of this agreement. In the event of a Default,
the injured party shall give written "Notice of Default" to the defaulting party, specifying the
Default. Delay in giving such notice shall not constitute a waiver of the Default. If the
defaulting party fails to cure the Default within thirty ('10) days after receipt of a notice
specifying the Default, or, if the Default is of a nature that cannot be cured within thirty ('10)
days, the defaulting party fails to connnence to cure the Default within said thirty (a0) days and
thereafter diligently prosecute such cure to completion, then the defaulting party shall be liable to
the injured party for any and all damages caused by such Default, unless otherwise provided for
by this agreement.
6.2 No Waiver. Failure to insist on any one occasion upon strict compliance with
any of the terms, covenants or conditions hereof shall not be deemed a waiver of such teran,
covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder
at any one time or more times be deemed a waiver or relinquishment of such other right or power
at any other time or tinges.
6.3 Legal Actions. In addition to any other rights and remedies any party may
institute a legal action to require the cure of any default and to recover damages for any default,
CAM#4842-2834-1265 0 7
i
or to obtain, any other remedy consistent with the purpose of this Agreement, The followin',
Provisions shall apply to any such legal action: I--
6.3.1 Jurisdiction and Venue. Legal actions must be instituted and maintained
in the Superior Court of the County of San Luis Obispo, State of California, Central Branch,
Civil Division, or if appropriate, in the United States District Court for the Central District or
California. Participant specifically waives any rights provided to it pursuant to California Code
of Civil Procedure §394 and any federal statue or rule of similar effect.
6.3.2 Applicable Law. The laws of the State of California shall govern, the
interpretation and enforcement of this Agreement.
6.3.3 Attorney's Fees. In the event either party commences an Action agaiDSt
the other party which arises out of a Default of, breach of, failure to perform, or that is otherwise
related to, this Agreement, then the Prevailing Party (as defined here) in the Action shall be
entitled to recover its Litigation Expenses from the other party in addition to whatever relief to
which the prevailing party may be entitled, For the purpose of this section, "Prevailing Party"
shall have the meaning ascribed in § 1032(a) (4) of the California Code of Civil Procedure,
6.4 Fights and Remedies are Cumulative. The rights and remedies of the Parties
are cumulative, and the exercise by a party of one or more of its rights or remedies available
under the law shall not preclude the exercise by it., at the same or different time, of any other
rights or remedies for the same Default or any other Default by another Party. City may require
payment in full of Developer's obligations under this Agreement, whether by Developer or its
assigns and/or successors-in-interest, prior to the issuance of any Certificate of Occupancy for
any Project building constructed on the Property.
7. General Provisions.
7.1 No Third Party Beneficiaries. This Agreement is for the sole and exclusive
benefit of the City and Developer. No other parties or entities are intended to be, or shall be
considered, a beneficiary of the perforinance of any of the parties' obligations under this
Agreement.
7.2 Recitals and Definitions, The Recitals and Definitions set forth at the beginning
Z�l
of this Agreement are a substantive and integral part of this Agreement and are incorporated by
reference in.the Operative Provisions of this Agreement.
1
7.3 Titles and Captions. Titles and captions are for convenience of reference only
and do not define, describe or limit the scope or the intent of this Agreement or any of its terms.
Reference to section numbers are to sections in this Agreement unless expressly stated otherwise.
7.4 Interpretation. The City and Developer acknowledge that this Agreement is the
product of mutual arms-length negotiation and drafting and each represents and warrants to the
ZD Z1-
other that it has been represented by legal counsel in the negotiation and drafting of this
Agreement, Accordingly, the rule of construction which provides the ambiguities in a document
shall be construed against the drafter of that docurnent shall have no application to the
interpretation and enforcement of this Agreerrient. In any action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to such extrinsic evidence not in direct
CAM 94842-2834-1265 v3
conflict with any specific provision of this Agreement to determine and give effect to the
intention of the parties hereto,
7.5 Severability. Each provision, ten-n., condition, covenant, and/or restriction, in
whole and in part, in this Agreement shall be considered severable. In the event any provision,
terra, condition, covenant, and/or restriction, in whole and/or in part, in this Agreement is
declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be
severed from this Agreement and shall not affect any other provision, term, condition, covenant,
and/or restriction, of this Agreement and the remainder of the Agreement shall continue in full
force and effect.
7® Amendments to Agreement. Any aniendments to this Agreement must be in
writing, and signed by the appropriate authorities of the City and Developer.
7.7 Administration. Following approval of this Agreement by the City's Council,
the City shall exercise its rights, perform its obligations, and otherwise administer this
Agreement through the City Manager. The City Manager shall have the authority to issue
interpretations and to make minor amendments to this Agreement on behalf of the City,provided
such actions do not materially increase the obligations of the City, make a commitment of
additional funds to by paid by, or costs to be incurred by, the City,
or result in a discretionary
extension of time in excess of thirty (30) days. All other changes, modifications, and
amendments shall require the prior approval of the City Council.
7.8 Notices, Demands and Communications Between the Parties. Formal notices.„
demands and communications between the parties shall. be given in writing and personally'
served or dispatched by registered or certified mail-, postage prepaid, return receipt requested, to
the principal offices of the parties, as designated in this Section, or telefaxed to the facsimile
number listed below followed by dispatch as above described. Such written notices, den-jands,
and communications may be sent in the same manner to such other addresses as either party may
from time to time designate by mail as provided in this Section. Any such notice shall be
deemed to have been received (i) upon the date personal service is effected, if given by personal
service, (ii) upon the expiration of one (1) business day, if telefaxed, or (iii) upon the expiration
of three 0)) business days after mailing, if given by certified mail, return receipt requested,
postage prepaid.
If notice is to be made to the City;
City Manager
City of Atascadero
6907 El Camino Real
Atascadero, California 93422
If notice is to be made to Developer:
Atascadero Hotel Partners, LLC
Attn: Mark Hulme
Westar Associates
2925 Bristol Street
Costa Mesa, California 92626
CAM;#48.42-28'4-1265 0 9
7.9 Computation of Time. The time in which any act is to be done under this
Agreernent is coiriputed by excluding the first day and including the last day, unless the last day
is a holiday or Saturday or Sunday, and then that day is also excluded, Uie term"holiday" shall
mean all holidays as specified in Government Code § 6700 and § 6701. If any act is to be don,-,
by a particular time.during a day,that time shall be Pacific Standard Zone time.
7.10 Authority. The individuals executing this Agreement on behalf of Developer and
the instruments referenced on behalf of Developer represent and warrant that they have the legal
power, right and actual authority to bind Participant to the terms and conditions hereof and
thereof,
7.11 Counterpart Originals, This Agreetnent may be executed in duplicate originals,
each of which is deetned to be an original.
7.12 Effective date of Agreement This Agreement shall not become effective -until
the date it has been formally approved by the City Council and executed by the appropriate
authorities of the City and Developer.
7.13 Waiver of Actions. Developer, for itself and its contractors, hereby expressly
agrees that City has satisfied its obligations under the Prevailing Wage Laws to identify prqjects
as being subject to the Prevailing Wage Laws and any other obligations imposed upon the City
under Labor Code Sections 1726 and/or 1781 that are owed to or may be actionable by
Developer and its contractors. Furflierniore, Developer, for itself and its contractors herebl'�
ex I
.Pressly waives any right of action against the City created under Labor Code Sections 1726
and/or 1781, whether known, or unknown, foreseen or-unforeseen. relating to the Project and/or
this Agreement.
IN WITNESS WHEREOFF, the parties hereto have executed this t
on Agreement h-
23' day of the October, 2012, gr
CITY.
CITY OF ATA SCADER0
r
By:
Wade G. McKinney
ATTEST: City Manager
By:
City Clerk
APPROVED AS TO FORM:
By:
Brian A. Pierik
City Attorney
DEVELOPER:
Atascadero Hotel Partners, LLC
By. � m
Mark D. Hulme, Pai"tner/CFO
Westar Associates
Nanze
Title
CAM#4842-2834-1265 v3
APPROVED AS TO FOR a
By;
Brian A. Pierik
City Attorney
DEVELOPER:
Atascadero Hotel Partners, LLC
ars D. Hu me, P rtnerICF
Westar Associates
Name
Title
B
I
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Legal Description
Parcel I
That portion of the property shown in the lot line adjustment dividing Parcels !-4 of
Parcel Map ATAL 00-239 as recorded in Book 55 of Parcel Maps at Page 43, records of
San Luis Obispo County, in the City of Atascadero, County of San Luis Obispo, State of
California more particularly described as follows-
Beginning at the centerline intersection of San Ramon Road and El Camino Real lying
easterly of U.S. Highway 101, said point being marked by a found brass cap in
Monument Well;
Thence, along the centerline of said El Camino Real, North I 2'20'42"East, a distance of
16'1.23 feet to a point that bears South 7;.7Q39'1 8"East, 50.00 feet from an angle point in
the westerly right of way line of said El Camino Real as shown in said Parcel Map ATAL
00-239;
Thence, North77'39'18"West, 50.00 feet to said angle point;
Thence, along said westerly right of way line of El Camino Real, Northl 9020'58"East,
161.81 feet to a point described as Point"A" and the True Point of Beginning;
Thence, leaving said westerly right of way line, North 69'2 5'57"West, 109.62 feet to a
point;
Thence, North22'1 8'03"East, 27.32 feet to a point;
Thence, North67041'57'VVest, 207.79 feet to a point;
Thence, South70"I 8'49"West, 81.40 feet to a point;
Thence, North67'41'57"West, 130.18 feet to a point of intersection on the exterior
boundary of said Parcel Map ATAL 00-239, said point of intersection being South
54°32'23"East, 153.47 feet from the most westerly corner of last said Parcel Map;
Thence, along the southwesterly boundary line of last said Parcel Map North
54'32'23"West, 153.47 feet to said most westerly corner;
Thence, along the northwesterly boundary line of said Parcel Map, North29"29'42"East,
81.89 feet to an angle point in said boundary;
Thence, continuing along last said northwesterly line, North 24*56'58"East, 184.46 feet
to the most northerly corner of said Parcel Map, said point being in the southerly right of
way of the Southern Pacific Rail Road,
Thence, along said northeasterly line of said Parcel Map and last said southerly right of
way line, South67041'57"East, 635.06 feet to the most easterly corner of said Parcel
Map, being a point in said westerly right of way line of El Camino Real (60 feet wide);
Thence, along the westerly right of way line of said El Camino Real, South224258"
West, 144.34 feet to a tangent curve to the left, having a radius of 1030.00 feet,
Thence, continuing along last said westerly right of way line southwesterly along the arc
of said curve through a central angle of 03'22'00" an are distance of 60.52' feet to a
point of tangency,-
o4,
Thence, continuing along last said westerly right of way line Southl9'20'58" ??OESS/
West, 65.24 feet to the True Point of Beginning. C.Lup
Containing a net area of 174,747 square feet (4.012 acres) more or less. No, 19545
Exp,9/30/_L5
ISPI CIV
OF C
Attachment"A"
(Page 1 of 2)
PROJECT NO,: ATAL 12-0072
PARCEL. NO, 1
Graphic Exhibit
GRAPHIC SCALE 1"=100'
47 7
< r ` " 1009 20¢0
PARCEL 1
NET AREA 4.012 AC 1`
` 5 3 (174-,74-7 a.F) �
� 2r
't?� %,
q�,flFESSIp
51(3 Ab
R 10X00'
o. 19545 ? p L - 60.52'
Fxp. 930-13 �• � �
2'3
POINT
SRR
N7739'1 8"W
' 50.090'
IT
z ANGLE POINT -
' SANTA IN RW r
CRUZ RD. IT
Gj `VICINITY MAP
NTS r ^
LEGEND
Mori Well per R,
Rood Centerline SNF
4 New Lot Lines A
-- ATAL 12 -0072 Boundary1 P.Q.B. Fc{. B.C.
-—- -- Tie Line In Well (No Rec)
R Parcel Map ATAL 00-239, 55PM4,3
Found B.C, in Mon. Well Per R
mess Otherwise Noted,
rn Measured mm h!dnrj
I:
SNF Searched Not Found or
as
Attachment"A"
(Page 2 of 2)
PROMISSORY NOTE
City of Atascadero, California $610,220.00 2013
For valid consideration duly received and hereby acknowledged, the undersigned
Atascadero Hotel Partners, LLC, a California. limited liability company ("Maker"), promises aiad
agrees to pay to the order of the City of Atascadero, 6907 El Camino Real, Atascadero,
California 93422, or holder ("City"), in lawful money of the United States of America, the
principal sum of SIX HUNDRED TEN THOUSAND TWO HUNDRED TWENTY DOLLARS
and zero cents ($610,220.00) (the "Principal Sum"), to be paid in five (5) payments in
accordance with the payment schedule appended hereto and incorporated herein. This Note shall
bear interest at the rate of 0.98 percent (0.98%) per annum, in accordance with the terms the
Agreement For Deferral of Development Impact Fees By and Between the City of Atascadero
and Atascadero Hotel Partners, LLC dated November 7, 2012 ("Agreement"), which is
incorporated herein in full by reference. Payments shall be applied first to satisfy accrued interest
and then to outstanding principal.
Unless otherwise specified in writing by the City, all payments on this Promissory Note
shall be paid to the City, by check, made payable to the order of the City of Atascadero, 6907 El
Can-lino Real, Atascadero, California 93422.
This Note may be prepaid in full or in part at any time and from time to time without
penalty or premium. Partial prepayments will be applied to the installments due hereunder in the
inverse order of their maturity.
This Note is to be secured by a deed of trust against real property as described in the
Agreement. This Note is not a purchase money note.
Default. The existence or occurrence of any one or more of the following will constitute a
"Default"tinder this Note:
(a) The failure by Maker to make any payment of principal or interest on this
Note when due and such failure shall have continued for thirty (30) days after notice of
such failure has been provided.
(b) Any breach by Maker of any covenant to which it is bound under this
Note.
(c) Maker shall make an assignment for the benefit of creditors; apply for or
consent to the appointment of a receiver or trustee for itself or such a receiver or trustee
otherwise shall be appointed, or admit in writing its inability to pay its debts as they
mature.
(d) Maker becomes the sub,ject of any bankruptcy or other voluntary or
involuntary proceeding, in or out of court, for the adjustment of debtor-credher
relationships ("Insolvency Proceeding"), and as to any involuntary Insolvency
Proceeding, it either: (A) is consented to or (13) has not been dismissed within sixty (60)
days.
AWACI-Vl� "B"
I Promissory Note
CAM 94816-9500-1105 V1
Remedies Upon Default. Upon the occurrence of any Default, at the option of the City in
its sole discretion, and without notice or demand of any kind, the entire Principal Sum then
outstanding and all accrued and unpaid interest will becon-ie immediately due and payable. Upon
any such acceleration, the Principal Sum shall thereafter bear interest at the maxirnuiri legal rate
of ten percent (10%) per annum. Whether or not suit is filed, Maker agrees to pay all attorneys'
fees, costs of collection, costs, and expenses incurred. by the City in connection with the
enforcement or collection of this Note.
This Promissory Note has been executed and delivered in and shall be construed in
accordance with and governed by the laws of the State of California and of the United States of
America.
Executed as of the date first written above.
ATASCADERO HOTEL PARTNERS,LLC
By:
Its:
Payment Schedule
�.
'Pa"yment,Due., aymen :A moun
Date
ONE YEAR FROM THE EFFECTIVE DATE $65,000.00
OF THE CERTIFICATE OF OCCUPANCY
TWO YEARS FROM THE EFFECTIVE DATE $65,000.00
OF THE CERTIFICATE OF OCCUPANCY
THREE YEARS FROM THE EFFECTIVE DATE $65,000,00
OF THE CERTIFICATE OF OCCUPANCY
FOUR YEARS FROM THE EFFECTIVE DATE $65,000.00
OF THE CERTIFICATE OF OCCUPANCY
FIVE YEARS FROM THE EFFECTIVE DATE $350,220.00 plus accrued interest
OF THE CERTIFICATE OF OCCUPANCY
144199 2
CAM#4816-9500-1105 V1
' |
-
When recorded mail to:
James R. Lewis,Asst. City Manage
City ofAtaeoadmn
SAD7BCamino Real
Ataaoadero. California 93422
Title No.
Escrow No.
DEED OF TRUST WITH ASSIGNMENT OF RENTS
This DEED OFTRUST, made this day of .2 between
ATASCADERO HOTEL PARTNERS, LLC, aCalifornia limited liability company,
herein called TRUSTOR
whose address ia2925Bristol Street, Costa Mesa, California 92G26.
CHICAGO TITLE CCD%OPANY,a California corporation, herein called TRUSTEE, and
CITY OF ATASCADERD. a California municipal corporation,
herein called BENEFICIARY,
Trustor irrevocably grants,transfers and assigns to Trustee in Trust,with Power of Sale that property in the
County ofSan Luis Obispo, State ofCalifornia, described asfollows:
THAT CERTAIN REAL PROPERTY LOCATED AT9OOEL CAKM|N0REAL, CITY OFATASCADER0.
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,AND MORE PARTICULARLY DESCRIBED
AS^PARCEL1'' (1) OFTHE CERTIFICATE DF COMPLIANCE RECORDED JANUARY Z4. 2U13AS
INSTRUMENT NO. 2813UO46O2 |NTHE SAN LUIS OB|SPO COUNTY RECORDER'S OFFICE AND (2)
IN THE LEGAL DESCRIPTION ATTACHED HERETO MARKED AS EXHIBITS"A"AND"B"AND
INCORPORATED HEREIN BY REFERENCE.
Together with the rents, issues and profits thereof, subject, however,to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits.
FOR THE PURPOSE OF SECURING(1)payment of the sum of$610,220.00 Dollars with interest thereon
according to the terms of a promissory note or notes of even date herewith made by TRUSTOR, payable to
order of BENEFICIARY,and extensions or renewals thereof; (2)the performance of each agreement of
TRUSTOR incorporated by reference or contained herein or reciting it is so secured; (3)payment of
additional sums and interest thereon which may hereafter be loaned to Trustor, or its successors or assigns,
when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.
& To protect the security of this Deed of Trust, and with respect to the property above described,
Trustor agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building
thereon;to complete or restore promptly and in good and workmanlike manner any building which may be
constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and
materials furnished therefor;to comply with all laws affecting said property or requiring any alterations or
improvements to be made thereon; not to commit or permit waste thereof- not to commit, suffer or permit any
act upon said property inviolation ufthe|am�hmcultivate, irrigate,fertilize,fumigate. prune and dnall other
l
CAM mxz0-cwo0-moav2
`
acts which from the character or use of said property may be reasonably necessary,the specific
enumerations herein not excluding the general,
(2) Toprovide, maintain and deliver hoBeneficiary fire insurance satisfactory toand with loss
payable hnBeneficiary. The amount collected under any fire or other insurance policy may be applied by
Beneficiary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at
option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such
application or release shall not cure or waive any default or notice of default hereunder or invalidate any act
done pursuant tusuch notice.
(3) Toappear inand defend any action mrproceeding purporting bmaffect the security hereof or
the rights or powers of Beneficiary or Trustee-, and to pay all costs and expenses, including cost of evidence
of title and attorney's fees in a reasonable sum, in any action or proceeding in which Beneficiary or Trustee
may appear,and in any suit brought by Beneficiary to foreclose this Deed of Trust.
(4) To pay: at least ten days before delinquency all taxes and assessments affecting said
property, including assessments on appurtenant water stock;when due,all encumbrances, charges and
liens,with interest,on said property or any part thereof,which appear to be prior or superior hereto; all costs,
fees and expenses ofthis Trust.
Should Trustor fail to make any payment or to do any act as herein provided,then Beneficiary or
Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing
Trustor from any obligation hereof, may: make ordothe same insuch manner and tosuch extent ameither
may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon
said property for such purposes;appear inand defend any action orproceeding purporting tmaffect the
security hereof urthe rights orpowers mfBeneficiary orTrustee; pay, purchase, contest orcompromise any
encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto;and,in
exercising any such powers, pay necessary expenses,employ counsel and pay his or her reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,
with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for
any statement provided for by law in effect at the date hereof regarding the obligation secured hereby, any
amount demanded bythe Beneficiary not hzexceed the maximum allowed bylaw atthe time when said
statement iedemanded.
B. |tiamutually agreed:
(i) That any award of damages in connection with any condemnation for public use of or injury
to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or
release such moneys received by him or her in the same manner and with the same effect as above
provided for disposition orproceeds offire nrother insurance.
(Z) That by accepting payment of any sum secured hereby after its due date, Beneficiary does
not waive his or her right either to require prompt payment when due of all other sums so secured or to
declare default for failure ootopay.
(8) That at any time or from time to time,without liability therefor and without notice, upon
written request of Beneficiary and presentation of this Deed and said note for endorsement, and without
affecting the personal liability or any person for payment of the indebtedness secured hereby, Trustee may:
econwsyany part ofsaid property; consent
tumakinQmfanymmpurp|ottbereo�]uiningnanhngonyemsomenttheneon; or]mininmnyextenoiuo
agreement orany agreement subordinating the lien orcharge hereof,
(4) That upon written request of beneficiary stating that all sums secured hereby have been
paid,and upon surrender of this Deed and said note to Trustee for cancellation and retention or other
disposition as Trustee in its sole discretion may choose and upon payment of its fees,Trustee shall
vaoonvey.without warranty,the property then held hereunder, The recitals insuch reconveyance af any
matters orfacts shall beconclusive proof mfthe truthfulness thereof. The Grantee insuch reconveyance
may bmdescribed aa"the person orpersons legally entitled theret .^
(5) That 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 said
property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness
secured hereby or in performance of any agreement hereunder,to collect and retain such rents, issues and
profits omthey become due and payable. Upon any such default, Beneficiary may atany time without notice,
either in person, by agent, or by a receiver to be appointed by a court,and without regard to the adequacy of
any security for the indebtedness hereby secured, enter upon and take possession of said property or any
part thereof, in his or her own name sue for or otherwise collect such rents, issues, and profits, including
2
CAM x^xs0-n4a0-6Ymm
those past due and unpaid, and apply the same, less costs and expenses of operation and collection,
including reasonable attorney's fees, upon any indebtedness secured he,eby and iosuch order oo
d
Bena� arymaydetennine. The enbehnOupon and taWngpossession ofsaid
' property,th*co||ecUonofouob
rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default ornotice
ufdefault hereunder mrinvalidate any act done pursuant tosuch notice.
(G) That upon default by Trustor in payment of any indebtedness secured hereby or in
performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately
due and payable bydelivery hmTrustee mfwritten declaration ufdefault and demand for sale and ofwritten
notice of default and of election to cause to be sold said property,which notice Trustee shall cause to be filed
for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing
expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of
default,and notice of sale having been given as then required by law,Trustee without demand on Trustor,
shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate
parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful
money ufthe United States, payable sttime ofsale. Trustee may postpone sale ofall orany portion ofsaid
property by public announcement at such time and place of sale, and from time to time thereafter rnay
postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall
deliver to such purchaser its deed conveying the property so sold, but without any convenant or warranty,
express orimplied. The recitals insuch deed ofany matters orfacts shall beconclusive proof ofthe
truthfulness thereof. Any person, including Trustor,Trustee,or Beneficiary as hereinafter defined, may
purchase sksuch sale.
After deducting all costs,fees and expenses of Trustee and of this Trust, including cost of evidence
of title in connection with sale,Trustee shall apply the proceeds of sale to payment of: all sums expended
under the terms hereof, not then repaid,with accrued interest at the amount allowed by law in effect at the
date hereof', all other sums then secured hereby-, and the remainder, if any,to the person or persons legally
entitled thereto.
(7) Beneficiary, or any successor inownership nfany indebtedness secured hereby, may from
time to time, by instrument in writing, Substitute a successor of successors to any Trustee named herein or
acting hereunder,which instrument,executed by the Beneficiary and duly acknowledged and recorded in the
office of the recorder of the county or counties where said property is situated, shall be conclusive proof of
proper substitution of such successor Trustee or Trustees,who shall,without conveyance from the Trustee
predecessor, succeed toall its title, estate, rights, powers and duties. Said instrument must contain the
name of the original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed is
recorded and the name and address ofthe new Trustee.
(8) That this Deed applies to, inures to the benefit of,and binds all parties hereto,their heirs,
legatees, devisees, administrators, executors, successors,and assigns. The term Beneficiary shall mean
the owner and holder, including pledgees, of the note secured hereby,whether or not named as Beneficiary
herein. In this Deed,whenever the context so requires,the masculine gender includes the feminine and/or
the neuter, and the singular number includes the plural,
(9) The Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made
epublic record aoprovided bylaw. Trustee ionot obliged tnnotify any party hereto mfpending 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 byTrustee.
Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof
does not exceed the maximum allowed bylaws.
�
�
�
CAM*qou-0*eo-6*euvz
The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be
mailed to him or her at his or her address hereinbefore set forth,
ATASCADERO HOTEL PARTNERS, LLC
By-
State of
County of
On before me, (here insert name
and title of the officer), personally appeared ,who proved to
me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CAM#4830-0460-6993 v2
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
ToChicago Title Company
The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness
secured bythe foregoing Deed nfTrust. Said note ornotes,together with all other indebtedness secured
bysaid Deed ofTrust have been fully paid and maUmfied; and you are hereby requested and directed, on
payment toyou cf any sums owning to you under the terms of said Deed of Trust, to cancel said note or
notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered
to you herewith, together with the said Deed of Trust, and to reconvey,without warranty, to the parties
designated by the terms of said Deed of Trust, all the estate now held by you under the same,
Date
Please mail Deed ofTrust, Note(e)and Reconveyance to:
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered
to the Trustee for cancellation before
5
CAM x4:z0-0*a0-6p*3m
EXHIBIT
Legal Description
Parcel
That portion of the property shown in the lot line adjustment dividing Parcels 1-4 of Parcel
Map ATALQO-239 as recorded in Book 55 of Parcel Maps at page 43, records of San Luis
Obispo County, in the City of Atascadero, County of San Luis Obispo, State of California
more particularly described as follows:
Beginning atthe centerline intersection of San Ramon Road and BCamino Real lying
easterly ofU.S. Highway 101. said point being marked byafound brass cep in
Monument Well;
'
Thenma, along the centerline of said B Camino Real, Nudh12"20'42"East, a distance of
161.23 feet to m point that bears South77°39'18^East. 5O.00feet from on angle point in
the westerly right of way line of said El Camino Real as shown in said Parcel Map ATAL
OO-2���
.
Thence, North77°39'1G'"&6es[ 58.QUfeet tosaid angle point;
Thenma, along said westerly right of way line of E| Camino Rea[ Nnrthf9"20'58"Eas1.
101B1feet to apoint described asPoint 'yY^ and the True Point mf Beginning;
Thence, leaving said westerly right ofway line, 0orth6Q°25'57^l&4emt. 1UB.R2feet tna
point;
Thenoe. Nodh22018'03/'E@st. 27,32feet 10 m point;
Thence, @orthG7,41'57"Vyeot. 207.79 feet to a point;
Thenoo. South70018'49"@est, 81.40feet to a point;
Thence, North87=41^57'"Weoi. 13O.18feet toa point ofintersection onthe exterior
boundary of said Parcel K8apAT7\L 00-239, said point Vfintersection being South
54"32'23"Eaat. 153.47feet from 'the most westerly corner oflast said Parcel Map;
Thence, along the southwesterly boundary line nflast said Parcel Map North
54"32'23'VVest. 15347feet tosaid most westerly corner;
Thenoe, along the northwesterly boundary line ofsaid Parcel Map, Nodh29,29'42"Eaot'
81.88feet toanangle point |nsaid boundary;
Thenm+, continuing along last said northwesterly line, Nodh24°56'58"EasL' 184.4Ofeet to
�
the most northerly corner of said Parcel Map, said point being in the southerly right of
way of the Southern Pacific Rail Road;
Thenoe, along said northeasterly line of said Parcel Map and last said southerly right of
way |ine. South67"41`57"East. 835.DSfeet tothe most easterly corner ofsaid Parcel
Map, being a point in said westerly right of way line of El Camino Real (60 feet wide);
Thence, along the westerly right Vfvvay line of said E| Camino Rea|, Gouth22°42'58"
West, 144 �4f���tn � tang�n< oun/� toth� |�� having l � . � �
Thence, continuing along last said westerly right ofway line southwesterly along the arc
� ofsaid curve through ocentral angle ofO3"22'0O" mnarc distance nf8O.52' K*ettoa
�
point oftengency�
Thence, continuing along last said westerly right ofway line SmutNg^2O'58"Wesd, �O�24
�
feet tothe True Point of Beginning.
Containing e net area mf174.74Tsquare feet (4.O12 acres) more orless, rf V4
rapMlc Exhibit
...........
NES AREA 4, 1 'Vol
T{c
(174,747 311F.)
- C13270W
x
° < - 10 Qir®
L 60,52*
, J
FfAl
` � '¢
POINT
p OR
Ile
�skk
SITE
VICIRITY MAP
On
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a
66t�rcrl� P R �jT�1 g$
til ' "I C,i�� 1��>.}
Tie Una a^a
PROMISSORY NOTE
City of Atascadero, California $610,220.00 201=4
For valid consideration duly received and hereby acknowledged, the undersigned
Atascadero Hotel Partners, LLC, a California limited liability company ("Maker"), promises and
agrees to pay to the order of the City of Atascadero, 6907 El Camino Real, Atascadero,
California 93422, or bolder ("City"), in lawful money of the United States of America, the
principal surn of SIX HUNDRED TEN THOUSAND TWO HUNDRED TWENTY DOLLARS'
and zero cents ($610,220.00) (the "Principal Sum"), to be paid in five (5) payments in
accordance with the payment schedule appended hereto and incorporated herein. This Note shall
bear interest at The rate of 0.99 percent (0.98%) per annum, In accordance with the terms the
Agreement For Deferral of Development Impact Fees By and Between the City of Atascadero
and Atascadero Hotel Partners, LLC dated November 7, 2012 ("AgreernCrIt"), which is
incorporated herein in full by reference. Payments shall be applied first to satisfy accrued interest
and then to outstanding principal.
Unless otherwise specified in writing by the City, all payments on this Promissory Note
shall be paid to the City, by check, made payable to the order of the City of Atascadero, 6907 El
Camino Real, Atascadero, California 93422.
This Note may be prepaid in full or in part at any time and from time to time without
penalty or premium. Partial prepayments will be applied to the installments due hereunder in the
inverse order of their maturity.
This Note is to be secured by a deed of trust against real property as described in the
Agreement. This Note is not a purchase money note.
Default. The existence or occurrence of any one or more of the following will constitute a
"Default"under this Note:
(a) The failure by Maker to make any payment Of principal or interest on this
Note when due and such failure shall have continued for thirty (30) days after notice of
such failure has been provided.
(b) Any breach by Maker of any covenant to which it is bound under this
Note,
(c) Maker shall make an assignment for the benefit of creditors; apply for or
CODSeDt to the appointment of a receiver or trustee for itself or such a receiver or trustee
otherwise shall be appointed; or admit in writing its inability to pay its debts as they
mature.
(d) Maker becomes the subject of any bankruptcy or Other voluntary or
involuntary proceeding, in or out of court, for the adjustment of debtor-creditor
relationships ("Insolvency Proceeding"), and as to any involuntary Insolvency
Proceeding, it either: (A) is consented to or (B) has not been dismissed within sixty (60)
days.
Promissory Note,
CAM 04816-9500-1105 V1
Remedies Upon Default. Upon the occurrence of any Default, at the option of the City ir!
its sole discretion, and without notice or demand of any kind, the entire Principal Sum then
outstanding and all accrued and unpaid Interest will become immediately due and payable. Upon
any such acceleration, the Principal Sum shall thereafter bear interest at the maximum legal rate
of ten percent (10%) per annum. Whether or not suit is filed, Maker agrees to pay all attorneys"
fees, costs of collection, costs, and expenses incurred by the City in connection with the
enforcement or collection of this Note.
This Promissory Note has been executed and delivered in and shall be construed in
accordance with and governed by the laws of the State of California and of the United States of
America.
Executed as of the date first written above.
ATASCADERO HOTEL PARTNERS, LLC
Bw
Its:
Payment Schedule
ONE YEAR FROM THE EFFECTIVE DATE $65,000.00
OF THE CERTIFICATE OF OCCUPANCY
TWO YEARS FROM THE EFFECTIVE DATE $65,000.00
OF THE CERTIFICATE OF OCCUPANCY
THREE YEARS FROM THE EFFECTIVE DATE $65,000.00
OF THE CERTIFICATE OF OCCUPANCY
FOUR YEARS FROM THE EFFECTIVE DATE $65,000.00
OF THE CERTIFICATE OF OCCUPANCY
FIVE YEARS FROM THE EFFECTIVE DATE $350,220.00 plus accrued interest
OF THE CERTIFICATE OF OCCUPANCY
144199
CAM 04916-9500-1105 V1
JULIE L
A
M TVi,-
,, San Luis Obispo county—Clerk/Recorder
4/3012 013
gyp\ Recorded at the request of 10:44 AM
Public
When recorded mail to:
0 C : 2013024790 Titles: 2 Pages:
Wade� McKinney,City Manager
City of Atascadero Fees 49.00
6907 EI Camino Real Taxes 0.00
Atascadero, California 93422 Others
14.00
Title No. PAID $63.00
Escrow No.
DEED OF TRUST WITH ASSIGNMENT OF RENTS
This DEED OF TRUST, made this day of April, 2013 between ATASCADER0
TEL PARTNERS, LLC, a California limited liability company,herein called TRUSTOR whose address is
2925 Bristol Street, Costa Mesa, California 92626,CHICAGO TITLE COMPANY, a California corporation,
herein called TRUSTEE, and CITY OF ATASCADER0, a California municipal corporation,herein called
BENEFICIARY.
Trustor irrevocably grants,transfers and assigns to Trustee in Trust,with Power of Sale that properly in the
County of San Lois Obispo, State of California, described as follows.
THAT CERTAIN REAL PROPERTY LOCATED AT 900 EL CAMINO REAL, CITY OF ATASCACDERO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED
AS"PARCEL 1" (1) OFT E CERTIFICATE OF COMPLIANCE RECORDED JANUARY 24, 2013 AS
INSTRUMENT NO. 2013004602 IN THE SAPS LUIS OBISPO COUNTY RECORDER'S OFFICE AND(2)
IN THE LEGAL DESCRIPTION ATTACHED HERETO MARKED AS EXHIBITS"A"AND"B"AND
INCORPORATED HEREIN BY REFERENCE,
Together with the rents, issues and profits thereof, subject,however,to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits.
FOR THE PURPOSE OF SECURING(1)payment of the sum of$610,220.00 Dollars with interest thereon
according to the terms of a promissory note or notes of even date herewith made by TRUSTOR, payable to
order of BENEFICIARY,and extensions or renewals thereof;(2)the performance of each agreement of
TRUSTOR incorporated by reference or contained herein or reciting it is so secured; (3)payment of
additional sums and interest thereon which may hereafter be loaned to Trustor, or its successors or assigns,
when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust.
A. To protect the security of this Deed of Trust, and with respect to the property above described,
Trustor agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building
thereon;to complete or restore promptly and in good and workmanlike manner any building which may be
constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and
materials furnished therefor;to comply with all laws affecting said property or requiring any alterations or
improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any
act upon said property in violation of the law;to cultivate, irrigate,fertilize,fumigate, prune and do all other
acts which from the character or use of said properly may be reasonably necessary,the specific
enumerations herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss
payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by
Beneficiary upon any indebtedness secured hereby and in such order as beneficiary may determine,or at
option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such
application or release shall not cure or waive any default or notice of default hereunder or invalidate any act
done pursuant to such notice.
CAM 44830-4464-6493 v2
. '
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or
the rights orpowers ofBeneficiary orTrustee; and tupay all costs and expenses,including cost of evidence
mftitle and attorney's fees inmreasonable sum, in any action orproceeding inwhich Beneficiary orTrustee
may appear,and inany suit brought byBeneficiary hoforeclose this Deed ofTrust.
(4) To pay: skleast ten days before delinquency all taxes and assessments affecting said
property, including assessments on appurtenant water stock;when due, all encumbrances, charges and
liens,with interest,on said property or any part thereof,which appear to be prior or superior hereto;all costs,
fees and expenses ofthis Trust.
Should Trustor fail tmmake any payment ortodoany act aeherein provided,then Beneficiary mr
Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing
Trustor from any obligation hereof, may: make ordothe same insuch manner and tusuch extent ameither
may deem necessary 0nprotect the security hereof, Beneficiary orTrustee being authorized 0uenter upon
said property for such purposes;appear imand defend any action orproceeding purporting toaffect the
security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any
encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in
exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,
with interest from date ofexpenditure vtthe amount allowed bylaw ineffect edthe date hereof,and hopay for
any statement provided for by law in effect at the date hereof regarding the obligation secured hereby, any
amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said
statement iademanded.
R itismutually agreed:
(1) That any award of damages in connection with any condemnation for public use of or injury
to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or
release such moneys received by him or her in the same manner and with the same effect as above
provided for disposition orproceeds mffire orother insurance.
(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does
not waive his urher right either torequire prompt payment when due ufall other sumnsoseounsdmrio
declare default for failure no*zpay.
(3) That at any time or from time to time,without liability therefor and without notice, upon
written request of Beneficiary and presentation of this Deed and said note for endorsement, and without
affecting the personal liability or any person for payment of the indebtedness secured hereby,Trustee may:
n*conweyany part ofsaid property;consent
to making of any map or plat thereof;join in granting any easement thereon;or join in any extension
agreement orany agreement subordinating the lien orcharge hereof.
(4) That upon written request of beneficiary stating that all sums secured hereby have been
paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other
disposition as Trustee in its sole discretion may choose and upon payment of its fees,Trustee shall
reoonwey,without warranty,the property then held hereunder. The recitals insuch reconveyance ofany
matters orfacts shall beconclusive proof ofthe truthfulness thereof. The Grantee insuch reconveyance
may bedescribed aa"the person orpersons legally entitled theneto."
(�) That as additional security,Trustor hereby gives to and confers upon Beneficiary the right,
power and authority,during the continuance ofthese Trusts,tocollect the rents, issues and profits ufsaid
property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness
secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and
profits osthey become due and payable. Upon any Such default, Beneficiary may atany time without notice,
either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of
any security for the indebtedness hereby secured,enter upon and take possession of said property or any
part thereof, |nhis orher own name sue for orotherwise collect such rents, issues, and profits, including
those past due and unpaid,and apply the same, less costs and expenses of operation and collection,
including reasonable attorney's fees, upon any indebtedness secured hereby,and insuch order ae
Beneficiary may determine. The entering upon and taking possession of said property,the collection of such
rents, issues and profits and the application thereof as aforesaid,shall not cure orwaive any default urnotice
ofdefault hereunder orinvalidate any act done pursuant bsuch notice.
(0) That upon default byTrustor inpayment ofany indebtedness secured hereby nrin
performance o/any agreement hereunder, Beneficiary may declare all sums secured hereby immediately
due and payable by delivery to Trustee of written declaration of default and demand for sale and ofwritten
2
rmm744mwww-a99zY2
.
notice of default and of election to cause to be sold said property,which notice Trustee shall cause to be filed
for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing
expenditures secured hereby.
After the lapse ofsuch time asmay then berequired bylaw following the recordation ofsaid notice uf
default, and notice of sale having been given as then required by law,Trustee without demand on Trustor,
shall sell said property atthe time and place fixed by itinsaid notice nfsale, either as awhole orinseparate
parcels,and in such order as it may determine,at public auction to the highest bidder for cash in lawful
money ofthe United States, payable attime ofsale. Trustee may postpone sale ofall orany portion ofsaid
property bypublic announcement sdsuch time and place nfsale,and from time totime thereafter may
postpone such sale bypublic announcement aLthe time fixed bvthe preceding postponement. Trustee shall
deliver hzsuch purchaser its deed conveying the property sosold, but without any oonvenantorwarranty,
express orimplied. The recitals in such deed of any matters or facts shall be conclusive proof of the
truthfulness thereof. Any person, including Trustor,Trustee,or Beneficiary as hereinafter defined, may
purchase atsuch sale.
After deducting all costs,fees and expenses of Trustee and of this Trust, including cost of evidence
of title in connection with sale,Trustee shall apply the proceeds of sale to payment of: all sums expended
under the terms hereof, not then repaid,with accrued interest at the amount allowed by law in effect at the
date hereof;all other sums then secured hereby�and the remainder, if any,to the person or persons legally
entitled thereto.
(7) Beneficiary,or any successor in ownership of any indebtedness secured hereby, may from
time to time, by instrument in writing, substitute a successor of successors to any Trustee named herein or
acting hereunder,which instrument, executed by the Beneficiary and duly acknowledged and recorded in the
office of the recorder of the county or counties where said property is situated, shall be conclusive proof of
proper substitution of such successor Trustee or Trustees,who shall,without conveyance from the Trustee
predecessor, succeed toall its title,estate, rights, powers and duties. Said instrument must contain the
name of the original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed is
recorded and the name and address ofthe new Trustee.
(8) That this Deed applies to,inures to the benefit of,and binds all parties hereto,their heirs,
legatees,devisees,administrators,executors, successors, and assigns. The term Beneficiary shall mean
the owner and holder, including pledgees, of the note secured hereby,whether or not named as Beneficiary
herein. in this Deed,whenever the context so requires,the masculine gender includes the feminine and/or
the neuter,and the singular number includes the plural.
(g) The Trustee accepts this Trust when this Deed,duly executed and acknowledged, is made
apubUorecord asprovided bylaw. Trustee ianot obliged tonotify any party hereto ofpending 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 byTrustee.
Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof
does not exceed the maximum allowed bylaws.
�
�
3
CAM 1,14xs*o46o-6ppo`2I
The undersigned`trustor, requests that a copy of any notice of default and any notice of sale hereunder be
mailed to him or her at his or her address hereinbefore set forth.
ATASCADERO HOTEL PARTNERS,L_L. ,
a California limited liability company
Ata cadercz otelss ciate ,LLC,
a Delaware limited liability company,
its 1Y managing member
y: � _.
Robert T.Best
President
State of
County of
On_ before me, _ Notary public
(here insert name and title of the officer), personally appeared_
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshefthey 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 persona(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the lags of the Mate of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
4
CAM 44830-0460-6993 v2
ACKNOWLEDGMENT
State of California
County Ity o f "'12 A
On &j Notary Put 1 c,
(here insert name of the officer)
personally appeared ^:16Y 77- 7rr. who proved to ine on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to ine that he/she/they executed the sane in his/her/their
authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERjURY under the laNNs of the State of California that the
foregoing paragraph is true and correct. 'U"7�2
KAREN
PUBLIC-CALIFORNIA
NOCSTAOR MM-SLIC
Y Pu'� ZUNTY
)a..
WITNESS my hand and official seal. My (,M 0, 015
m EXP NOV.2 2
Signature "C /(Seal)
16446754.3
, ^
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
To Chicago Title Company
The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness
secured bythe foregoing Deed ofTrust. Said note ornotes, together with all other indebbednesaoecun*d
by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on
payment to you of any sums owning to you under the terms of said Deed of Trust, to cancel said note or
notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered
to you herewith,together with the said Deed of Trust, and to reconvey,without warranty, to the parties
designated by the terms of said Deed of Trust, all the estate now held by you under the same.
Dated
Please mail Deed ofTrust, Wote(s)-and Reconveyance to:
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered
to the Trustee for cancellation before re,,onveyance Will be made,
5
CAM x4msuu*6n-a+*z`,2
PARCEL A:
PARCEL I AS SHOWN ON EXHIBIT "A" OF CERTIFICATE OF COMPLIANCE AS
EVIDENCED BY DOCUMENT RECORDED JANUARY 24, 2013 AS INSTRUMENT NO.
2013004602, OF OFFICIAL RECORDS', BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE PROPERTY SHOWN IN THE LOT LINE ADJUSTMENT
DIVIDING PARCELS 1-4 OF PARCEL MAP ATAL 00-239 AS RECORDED IN BOOK 55
OF PARCEL MAPS AT PAGE 43, RECORDS OF SAN LUIS OBISPO COUNTY, IN THE
CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINI--.' INTERSECTION OF SAN RAMON ROAD AND Ell,
CAMINO REAL LYING EASTERLY OF U.S. HIGHWAY 101, SAID POINT BEING
MARKED BY A FOUND BRASS CAP IN MONUMENT WELL;
THENCE, ALONG THE CENTERLINE OF SAID EL CAMINO REAL, NORTH 12-2042"
EAST, A DISTANCE OF 161.23 FEET TO A POINT THAT BEARS SOUTH 77-319'I8"
EAST, 50.00 FEET FROM AN ANGLE POINT IN THE 'WESTERLY RIGHT OF WAY LINE
OF SAID EL CAMINO REAL AS SHOWN IN SAID PARCEL MAP ATAL 00-239;
THENCE, NORTH 77'39'18" WEST, 50.00 FEET TO SAID ANGLE POINT-, THENCE,
ALONG SAID WESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL, NORTH
19020'58" EAST, 161.81 FEET TO A POINT DESCRIBED AS POINT "A" AND THE TRUE
POINT OF BEGINNING; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY LINE,
NORTH 69025'57 WEST, 109.62 FEET TO A POINT;
THENCE, NORTH 22018'03" EAST, 2732 FEET TO A POINT; THENCE, NORTH 67'41'57"
WEST, 207.79 FEET TO A POINT, HENCE, SOUTH 70-18'49" WEST, 81.40 FEET TO A
POINT; THENCE, NORTH 67'41'57" WEST, 130.18 FEET TO A POINT OF
INTERSECTION ON THE EXTERIOR BOt_JNDARY OF SAID PARCEL MAP ATAL 00-
239, SAID POINT OF INTERSECTION BEING SOUTH 54'32'23" EAST, 153.47 FEET
FROM THE MOST WESTERLY CORNER OF LAST SAID PARCEL MAP; THENCE,
ALONG THE SOUTHWESTERLY BOUNDARY LINE OF LAST SAID PARCEL MAP
NORTH 5403223" WEST, 153.47 FEET TO SAID MOST WESTERLY CORNER;
THENCE, ALONG THE NORTHWESTERLY BOUNDARY LINE OF SAID PARCEL MAP,
NORTH 29c29'42" EAST, 81.89 FEETTO AN ANGLE POINT IN SAID BOUNDARY;
THENCE, CONTINUING ALONG LAST SAID NORTHWESTERLY LINE, NORTH
24.56'58" EAST, 184.46 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL
MAP, SAID POINT BEING IN THE SOUTHERLY RIGHT OF WAY OF THE SOUTHERN
PACIFIC RAIL ROAD; THENCE, ALONG SAID NORTHEASTERLY LINE OF SAID
PARCEL MAP AND LAST SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 674115711
EAST, 635.06 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL MAP,
BEING A POINT IN SAID WESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL (50
FEET WIDE); THENCE, ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID EL
CAMINO REAL, SOUTH 22042'59" WEST, 144.34 FEET TO A TANGENT CURVE TO THE
LEFT, HAVING A RADIUS OF 1030.00 FEET, THENCE, CONTINUING ALONG LA113T
SAID WESTERLY RIGHT OF WAY LINE SOUTHWESTERLY ALONG THE ARC OF
16913647
SAID CURVET ROUGH A CENTRAL L ANGLE OF 03022'00" AN AIDC DISTANCE O
60.52' FEET TO A POINT OF TANGENCY,-
THENCE,
ANGENC ,THENCE, CONTINUING ALONG LAST SAID WESTERLY RIGHT OF WAY LINE SOUI II
19020'58" WEST, 65.24 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS ANIS PARKING AS CREATEID
IN THAT CERTAIN RESTRICTION AGREEMENT AND GRANT OF EASEMENTS
RECORDED FEBRUARY 29, 2000 AS INSTRUMENT NO. 2000-010715, OF OFFICIAI
RECORDS.
APN: 049-045-17 and 049-045-1 and 049-045-20 (PORTION)
16913647
V 4T
JULIE RODEWALD REIN
San ui -Obispo dlinty—clerltf ecar er
Referded at the request et 112412013
FIS MULTIPAY CREDITIDEBIT 111-57AM
I.
Rcoririg; e nested And F Q9 #; FF
g When IRecorded,•Return To.-
Cityof'Atascadero Development Department 7f39 EICarriino'teal Atascaero, a.93422 .QI3
City Deference Number,CCC 20_12-0111,1
CERTIFICATE OD.COMPLIANCE
This is to certify that the division of real property in the City of Atascadero, County of Cart Luis Obispo,
State of California,being the property of Atascadero 101 Associates and Atascadero Hotel Partners, LLC,
more particularly described in Exhibit`°A"attached,complies.vrit the proyisions of Section 66499.35 of the
Government Code of the State of California,and of local ordinances pursuaht thereto.
This certifcate;relates only to issues of compliance or noncompliance with the Subdivision Map Act and
local ordinances enacted pursuant thereto. -The parcel described herein may be scald,teased,or financed
without farther compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto,
Development of the parcel may require issuance of a permit or permits,or other grant or 'grants
approval. (Government Code§66499,35(f))
of Atascadero '
ohn Sanders,ILLS elate
Acting City eyor �#{ EXPk6
L.S. 53 xp.6!3
No. $
arrera M.Frace Date FSAV%`
Ccaar munity evelopiment Director
ACKNOWLEDGEMENT
State of California
County of San Lids Obispo
Notary Public
On Jap uary 23 , 20 3beforerne, Annette La Manier ,personally
appeared Wa r r e-n M F r a u who proved to
me ori the basis of.satisfactctry evidence to be the person}whose name )Ware subscribed tolhe
within instrument and acknowledged to nae that ties y ' .exe-cuted"the same in hisihe it authorized
capacity' );.and that by hist their signature oars tete ihstrument the p rsan ,or the entity upon
behalf of which the persono acted, executed the instrument,
I certify under PENALTY OF.PERJURY under the laws of the State of California that the foregoing
paragraph Is true and correct.
Witness my hand and 9 f f.i t i a l seal ,
rA
ANNETTE-L.MAINIER'
' G 5-alan ci.t.
Signaturei, _ 6 - [SEALt tisrtery('riEtic-Csltt
San 01.1 oblso County
rayon to.2016�
RECORD OWNERS
Ittacaer ti Associates _ .0
Atas dero otel Partners,LLC
MEJ
DG
State sof California
County of Grange
On r --1.3 _before rrai - f'f /fli -e �a s ' Rersonatl
appeared ? r"- —T. w who proved to
me on the basis of satiSfaCtory evidence to be the persoFno whose name isf subscrs ed to the
*within instrument and acknowledged to tree that hef executed the same in histhersffbair authorized
j - apac(ty(ies),and that by his/her u;, signature on the Instrument the person ,or the erstify upon
behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct,
Witnes y hand and seal.
WMA"ImA,NNE"E I?E!E FOR7RIEairussfon#1856245
Signatu ataPublic aatit€araria
Orange te�untg.
. Vim ,Ex fires;fury 29,2fkt �
ACKNOWLEDGEMENT
State of California
County of grange
On -before tree,� ,personally
appeared who graved t
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 helshelthey executed the same in h€sthersftheir authorized
capacity(ies),and that by hiisfhersltheir signature(5)on the Instrument the pe-rson(s),or the entity upon
behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY ander the Laws of the State of California that the foregoing
paragraph is true and correct.
Witness my hand and seal,
Signature [SEAL'
EXHIBIT A
Legal Description
Parcel 4
That portion of the property shown in the lot line adjustment dividing Parcels 1-4 of
Parcel Map ATAL 00-239 as recorded in Book 55 of Parcel Maps at Page 43, records of
San Luis Obispo County, in the City of Atascadero, County of San Luis Obispo, State of
California more particularly described as follows-
Beginning at the centerline intersection of San Ramon Road and El Camino Real lying
easterly of U.S. Highway 101, said point being marked by a found brass cap in
Monument Well;
Thence, along the centerline of said El Camino Real, North I 2'20'42"East, a distance of
161.23 feet to a point that bears South77'39'1 8"East, 50,00 feet from an angle point in
the westerly right of way line of said EI Camino Real as shown in said Parcel Map ATAL
00-239;
Thence, North77*39'18'West, 50.00 feet to said angle point and the True Point of
Beginning;
Thence, along said westerly right of way line of El Camino Real, South 12020'42West,
109.76'to a tangent curve to the right, having a radius of 20.00 feet.
Thence, southerly and westerly along the arc of said curve through a central angle of
91'11 V59" an arc distance of 31.83 feet to a point of tangency lying in the northerly right
of way of San Ramon Road;
Thence, along last said northerly right of way North76027'1 9'West, 106,83 feet to a
point of intersection with the northeasterly right of way of U.S. Highway 101;
Thence, leaving said northerly right of way of San Ramon Road and traversing along
said northeasterly right of way of U.S. Highway 101, North 36'27'4 5'West, 168.94 feet to
a point;
Thence, continuing along said northeasterly right of way of U.S. Highway 101, North
23°59'51' est, 58.06 feet to a point that bears South23059'51"East, 22.20 feet from an
angle point in said northeasterly right of way of U.S. Highway 101;
Thence leaving said northeasterly right of way, North53'32'1 5"East, 130.79 feet to a
point;
Thence, South36'2745"East, 91.0[ feet to a point that bears South71034'51'west,
179.08 feet from Point"A" ( Point"A" being in the westerly right of way of said El
Camino Real and bears North I 9'20'58"East, a distance of 161.81 feet from the True
Point of Beginning);
Thence, South4453946"East, 46.37 feet to a point;
Thence, South 70'39'02'East, 99.88 feet to a point in said westerly right of way of El
Camino Real, said point bears South 1 9"20'58'West, 130.00 feet from said Point"A";
'W
Thence, along last said westerly right of way South 19020'58 est, 31.81feet
to the True Point of Beginning.
0.L
Containing a net area of 44,705 square feet (1.026 acres)more or less. --�C?
No. 1 545
Exp. )/3o/
C
OF C LW
PROJECT NO.: ATAL 12-0072
PARCEL NO. 4EXHIBIT B
Grophic Exhibit
s
SIIGRAPHIC SCALE 1"=140°
Rky
0 100 200
Fp fj(g({
d
� Qyi LJdBV��S f Z
L 31.83'
Up. 9-30-13
2 F CAS-tj T POINT A Fg
'c: �,rTIE TO POINT W
N 1 W20'59'E
161"81'
s S44"39°467E 0
46.37` ,7 > F 7739'1E"W
SITE PARCEL 4 31,81'
ie-
NET AREA 1,026 AC
z (44,705 S.F.
SANTA " `
Cl L1 RD. ANGLE POINT �a�
1VICINITY MAP IN RW & 1.P.0.
1 �_
2TB `
h
p LEGEND t bionWell per R,
! Road Centeriine SAN � �� SNF
. � .....R Teva Leat Lines A FPaC,B. F . B.C.
ATL 12-0072 Boundary in Well (No Rec.)
— Tie Line
R Parcel Map ATAL 00-239, 55PM43
A Found B.C. in Mon. Well Per R
Unless Otherwise Noted. �
Measured �' �f
SNF earthed Not Found
09
D OF DDCUMENr
JULIE RODEWALD
ttfi4t P
San Luis Obispo county—clormoorder 112412413 1
Raanrdad ai ille requesi of 11,57 At
FiS MULTIPAY CREDITIDE IT !
i. .
Recording Requested By And D O C#t; 2013004603 Titles, i pages:
h n Recorded..Return To: � l
City of Atasca-dero leas 23.00
ommunity Development DepartmentII' Taxes
6709 (Cami o Real 4 � thes �L .ta I
Atascadero,Ca.9.3422 PAI 52tt.ltta l
City Reference Number;CCC 2 12-0081
CERTIFIPATE QF COMPLIANCE
This is to certify that thedivision of real property in the City of Atascadero,County of.San Luis Obispo,
State of California;being the-property of Atascadero 1t11 Associates and Atascadero Hotel Partners,LLC,
more particularly described in Exhibit`A."attached,complies with the provisions of Section 66499.35 of the
Government Code of the State of California,and of local ordinances pursuant-thereto-
This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and
local_ordinanc s enacted pursuant thereto. The parcel'described herein may be sold,[eased,or financed
withdtlt further compliance with the Subdivision Map Act or any local ordinance enacted pur,isua t thereto.
De plo rnent of the parcel may require issuance of a permit or permits,or other grant or gNbrits
approval. (Government Code 66499.35(0) �
City of Atascadero *
Jo in Senders, PLS-
Date
Actin .Ci i ycar P.
N u. 5812
tp
vq
irrdn M.'F€° ce a e f-C
Community Development Director
ACKNOWLEDGEMENT
State of California
County of San Luis Obispo
Annette L. Manier
OnJanuarY 23 , 2013_beforernee Motary Public personally
appeared eared Warren M. Free
who probed to
me on the basis of satisfactory.evidence to be the person( )ary ose name()istam subscribed to'the
within instrument and acknowledged to rise that helalte4oy executed the same in hist • eir authorized
capacity(' ,and that by his/ .~signature on the instrument the person( ;orthe"entity upon
behalf of which the person( ,a'c'ted,executed the instrument"
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct,
Witness my hand and .of f i c i a 1 seal .
ANNETTE L.MANNER
r coriirnission di 19986,74
Signature , ' _ _[SFAL.l .' - htaIR"ry public-,Calitoffile z
Sane Loi&Pkispa County
MV Comm: n iraa t8,2Qf�6
j
"Meestners. G -
CKN T
Mate of California
County of Orange
On-/- FA-13 --before
�"w-i ers€zraal3y
appeared 77a fsra proved tome
ern the bests Of satisfactory evid€nce to be the perscan whose name( W -subscribed to the
within instrument acid acknowledged to nae that he/sbaAl4ey executed the same in his! it authorized
oapapity(ie),`ad that by hisfherci ® si nature an the instrument the person€( ,or the entily,upon
behalf of Which the person(4 acted,executed the instrument,
I certify under PENALTY OF PERJURY under the lags of the Mate of Califnmia that the foregoing
Paragraph is true and correct,
Witn7 hand and seat.
M
ARIANNE .EOR3RiE
56245
California
Slgntur _ F L� County
3*My omm: xpesJun 29,2013
ACK C9 LEDGE ENT
Mate of California
County of Orange
On w before e, personally
appeared__ who proved to
me on the basis of satisfactory evidence to be the person(s)whose name(s)isfare subscribed to the
Within instrument and acknowledged to rase that helshelthey executed the same in histhersdtheir authorized
capacity(ies),and that by his/hers/their signature(s)on the i€tstrument the persoe�(s),or the entity upon
behalf of which the person(s)acted, executed the instrument,
I certify under PENALTY OF PERJURY"under the lags of the State of California that t'he foregoing
paragraph is true and correct.
Witness my hared and seal.
Signature tS L
EXIMBITA
Legal Description
Par6el 3
That 0ortion of the property shown in the lot link adjustment dividing Parcels 1-4 of
Parcel Map ATA 00-239 as recorded in Book 55 of Parcel Maps at Mage , records of
San Luis t i p'o' ci r t , in the City of Atasaero, County of San Luis Obispo,State,of
California move particularly described as. allows:
Beginning at the centerline intersection of San Ra on Road and El Camino Real lying
easterly.6f 16.8..:Hi h 101, said point being marked by a found brass cap in
Monument Well,
,
Thence, alopg the centerline of said El Camino Real, North12°2 '42"fast;a distance rsf
161.23 feet to.'a paint that bars outh77039'18"East, 50.00 feet-from an an le'.Point in
the we teily' right-of way line of said EI Camino Real as shown in said Parel a TSL
00-239,
'Thence, Orth 7739'18` est, 58.00 feet to said angle point-,
Thence, along said westerly.right of way line of El amino.,Real, Northl9Q20'58"East,
161.8 1-feetto apoint escri ed as Point"A" and the True Paint of Begin' hin ",-""
Thence, North6g'?5'57'VVest, 66.12 feet to a point;
Thane:, S'6M8 '16' est, 134.29 feet to a paint that bears outl)71° 4`51` est, .
179.08 feat-fro said.Fault"A";
Thence,,. o th.44�39'^6„East, 46.37.feet to a point;
Thence,- outh70°39'02”East, 99. feet-to said westerly right of way line oaf EI Carnino
R-bal;
Thence, along.s id westerly ri ht'of way of EI Camino Real Northl °2.0'58" East,
139,0 4 e to th :True 0dini of Be* ginning.
Containing a,net area of 13,941 square feet(0.320 acres) more or less.
ID
Noe 13545
Exp.91301i 5
[VJL �
1
'OF- ALW
13f
i I I,
PROJECT NO.- ATAL 12-0072
PARCEL NO. 3 EXHIBIT
Graphic Exhibit
!r GRAPHIC SCALE V=ico,
Ct 100 200
I
r
ppp�r f
No. I9 �' y
civ 4 4'69-
or
fir°6,4F CItIlat1`
,I
51 �� POINT 09
SIP,'R S44 39`4 E - �� � 3.C� T.P.O.O.
46.37
ARS 3 ] 77'39'18"W
NET AREA � 8� "0�
SITE OZ20 AC ,
(13,941 S.17) �
F
SANTA ANGLE POINT
CRt1Z RI). IN R1
#u
VICINITY MAP - �
errs � N �
Mon Weller R,
Road Centerline SA
SNF
New Lot Lines
-- ATAL 12--0072 Boundcay PP 03. Fd. B.Ca
Tse Line QAD in Well (No Rec.)
R Parcel App ATAL 0-239, 55PM43
A Found B.C. in Mon. Well Per
Unless Otherwise Noted,
saa Mee
SNI Seor�he Not Found TPines
OFDOC,UENDMENT