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Grant Deed 1998-0084895 /. .' -, ~. "'~~~li~~N~~~~~f\'nTLE RECORDINGREQUES:rED BY, MAIL T'AX STATEMENTS TO AND WHEN RECORDED MAIL TO: '.:'1 .' MattTravis,as"trUsree,(jf the Travis Faniily Trust 15774 Sunset 'Drive, Pciway" CA 92064 AttIl: Matt 'Travis Q-n o~G:) - ( , '11ed~ 118 a,tnl8 and ~ ~dOCU""",t IS cern .::::.-\?j _ '1 ~ "I~um"ntrecu<ded:r'----- -",: ..,pyoll~.Ofl~,na",",\~~ Cb~~i" the "',- , \ lfflll1l'\t ho;~ . ~ If!'- rll' 0: - ,., i\ p'ero count'!. R"C'''-.-l.-,.. (~, ::.3,_ --,' '..> r": m the coun~t >t~,._' ";"! t,;".T'GNI~t T\TL\:. c"~"'l \,,' ."" ".' y' r i~..;- -;;" ,,_': "T c.:)rAPAN \\\,l..j\.In""'\' . ) ) ) ) ) ) ) ) ) This dOCUmerit isexemp~ ~ompayment of a recording fee pursuant to Governm~nt Code Section 27383. ~:.~ u __ ~ -'- ~:m; OHicUf - GRANT DEED Documentarq Transfer Tax $495.00 For valuable consideration, receipt of which is hereby acknowledged, The POWAY REDEVELOPMENT AGENCY, a public, body, corporate and politic (the "Agency"), acting to carry out the Redevelopment Plan ("Redevelopment Plan") for the Poway Community Project (the, "Project"), under the Community Redevelopment Law of California, hereby grants to MNYfrfRINYIS;,As Trustee of the Travis ,Family Trust dated November 11, 1993 ("Landowner"), the real property hereinafter referred to as the "Site," described in Exhibit "A" attached hereto and, incorporated herein, subject to the existihgeasements, restrictions and covenants of record described there. 1. Reservation-of Mineral Rights. Agency excepts and.reserves from the conveyance herein described all interest 6fthe Agency in oil, gas, hydrocarbon substances and minerals ot" every kind and character'lying more'fuan five hundred (50Q) feet below the surface, together with the right to drill into, through, and tO,use and occupy all partS of the, Site lying more than five hundred (500) feet below the surface thereof for any and all purposes incidental to the'exploration for and production of oil, gas, hydrocarbon substances,or minerills from said Site or other lands" but without, however, any righrto use either the surface of the,SittO or any portion thereofwithin five hundred (500) feet of the surface for any purpose or purposes whatsoever, or to use the Site in such a manner as to create a disturbance to the use or enjoyment of the Site. 2. Conveyance inAccordance With Redevelopment Plan and Disposition and Development Agreement. The Site is conveyed in accordance with and subject to the RedevelopmenrPlanwhich was approved and adopted py'o.rdinance No, 117 and amended by Ordinance No. 415 of lheCityCouncil of the City of Poway, and a Disposition and Development Agreement en~red into between Agency, Landowner aIld HMT Automotive, Inc" a California corporation (the "Operator") daU:dNovember 4, 1997 (the "DDA"), ,a copy of which is on [lie " , ',' with the Agency at i~ offices ,as a public record and which is incorporated herein by reference. The DDA generally requires the Operator to construct arid operate an automobile dealership (the "ConformiI1g Dealership Facility," as defined in the DDA) on the Site (the "Developer Improvements'!), and other requirements as set forth therein, All terms used herein shall have same meaning as those used in theDDA. *Hardy Matthew Travis .) ".:'''''' -1- . . ~ 3, Permitted Uses. The Landowner covenants'and,agrees for itself, its successors, its assigns; and,every'successor,in interest to the Site or any part thereof, thallipon the date of this Grant. Deed ,and during cOIlStruction through completiori of development and thereafter, the Lando'W'l1er shall devote the Site and cause the Site to be devoted to the following uses: (a) The LandoWner covenants and agrees for itself, its successors, assigns, and every successor in interest to the Site',or any part thereof, that during construction and thereafter, the Landowner shall ,devote' the Site to the uses specified inthecRedevelopment Plan and this Grant Deed for the periods of time specified therein. All uses conducted 'on the Site, including, without limitation, all a~tivities undertaken by ,the Landowner and the Operator pursuant to ,the DDA, shall conform to the DDA, the Redevelopment Plan and all applicable provisions of the City Municipal Code, The foregoing covenantS shall run with the land, (b) For a.tetm commencing upon the date of this Grant Deed and ending twenty (20) years from the date that. a :Conforming Dealership Facility lawfully opens for business on the Site (which twenty-year period constitutes the "Operating Covenant Period"), a Conforming Dealership Facility 'shall be operated on the Site on a continuous basis" devoted to, the sale of new and used automobiles and truckS Mone or more Authorized Product Llnes with Manufacturer's approval as a factory-authorized new automobile dealer as the principal activity conducted on the Site, In addition, all activities 'for the leasing of automobiles from the ,ConfOrnling Dealership Facility shall be conducted either on the Site or at an office located within the City of Poway. Notwithstanding the foregoing,:the:Landowner or the Operator may tequestthe written approval of the Agency for the sale of adiffetentor additional make ofautomobUe pursuant to Section 603 of the DDA, After the opening ofa,Conforming Dealership Facility on the Site, additional product lines may be added on the Site without necessity of obtaining further Agency consent; provided that the addition of such products shall not excuse the requirement hen;under to operate or cause to be operated a Conforming Automobile Dealership Facility with Authorized Product Lines of the approved ManufactureL No otheruses',may be made on the Site during the Operating Covenant Period without the prior written-approval of the Agency, which approval may be granted, refused, or granted subjeCt to conditions"as provided in Section 603 of the DDA. The Landowner acknowledges that the Purchase Price has been based upon the devotion of the Site to use as a Conforming Dealership Facility for. a period of twenty (20) years, and that the Purchase Price would have ,been materially higher if the Site were not limited to stich lise, The requirements ,of this Section 3(b)sha!l run with,the land. Except with the prior written consent of the Agency for each instance, which consent may be'granted or withheld in'the Agency's reasonable discretion, the faihire,'to operate';a Conforming Dealership Facility on the Site for ,ninety (90) or more consecutive days shall, atthe Agency's option, constitute a Default'hereunder; provided, however, that for purposes of this'Section 3(b) a Conforming DealerShip Facility shall be deemed tO,be operating during any period thata Conforming Dealership Facility is prevented from being operated due to (i) required or neCessary rehabilitation of the Developer Improvements on the Site (provided that the period during which a Conforming Dealership Facility is not operated as a result of the rehabilitation shall in no event exceed ninety (90) days), or (ii) force majeure eventSptirsuant to Section 602 Of the DDA which are not in any way due to the acts or omissions of. the Landowner or Operator. .2. . .' , 4; RestriCtions,on Transfer. The Landowner further agrees as follows: a_ Forthe'periodco=encing upon thedateiof this Grant Deed and until the issuance by the,Agencyof a Release of Construction Covenants, following the completion of all of the Developer Improvements, no voluntary or involuntary successor in interest of the Landowner shall acq\!ire, any 'rights or powersurider the DDA or thrs GrantDeed, nor shall the Landowner make any. total ,or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the' whole or any part of the Site,or the Developer Improvements thereon without the prior express wrinenapproval of the Agency pursuant to Section 603 of the DDA. b, No lien or encumbrance shall be placed,on.the Site other than mortgages, deeds of trust, or any other forin Of conveyance required for fIIianciiig of the construction of the Developer Improvements on'the Site, and any other expenditures , necessary and appropriate to develop the Site pursuant to the DDA, except to the extent approved by the Agency as more particularly provided in the DDA, c. All of the terms, covenants and conditions of this Grant Deed shall be binding upon the Landowner and the permined successors and assigns of the Landowner. Whenever the term "Landowner" 'is used in this Grant Deed, such term shall include any other permitted successors and assigns as herein provided, 5. Nondiscrimination, The Landowner herein,co,-:enants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming tinder or through ,them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion,sex, marital status, national origin or-ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the Landowneritself or any person c1aimingunder or through Landowner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number,use or occupancy of tenants, lessees, subtenants, subJessees or vendees in the land ,herein conveyed, The foregoing covenants shall run with the land. The Landowner shall refrain from restricting the rental, sale or lease of the Site on the basis of race, color, religion, sex, marital status, ancestry or national origin of any person, All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The graniee herein covenants by and for himself or herself, his , ' or her heirs, executors, administrators and assigns, and all petsonsc1aiming under or through them, that there shall be no discrimination against or segregation of, any person or group of petsonson account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer. use, occupancy, tenure or enjoyment of the land herein conveyed" nor shall the grantee or any person claiming under or through him or her, establish or permit'anysuch,practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed, The foregoing covenants shall run with the land," -3- . . (6) In leases: "The1essee herein covenants\byand for himself or herself, his or her heirs, exec\itors, 'administrators, and assigns, and aU persons claiming under or through him or her, and,this lease is made and accepted upon and subject to the following conditions: "That there " shall be no discrimination against, or segregation of any person or group of persons,.on account of race, color, creed, religion,sex, marital status, national' origin, oJ <II1cestry in the le"asing",subleasing, transferring, use"occupancy, tenure, or enjoyment of the premises herein leased nor. shall the lessee himself. or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, oryendees in the premises herein leased," (c) In contractS affecting the use or enjoyment o'f land: "There shall be no discrimination agairistor s<;gregatioif of, any person, or group'of persons on account offace, color, creed, religion" sex, marital status, national origin, or ancestry, in,the sale, lease, sublease, transfer, use, occupancy, tenure'or enjoyment of the premises"nor shall the transferee himself or herself or any person claiming , under or through him or her, establisb'or'permit any such practice or practices of discrimjnation or s_egregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub1essees or vendees of the premises." 6. Failure to Complete Developer Improvements. In any case where, thirty (30) days after the holder ,of any mortgage or deed of trust creating, aJien or encumbrance upon the,Site or any part thereof receives a'n.otice:from Agency of a default iIl,thecompletion of construction of any of the Developer Improvements under the OOA, and such holder has not exercised the option to construct as set forth inSectio:o..311 of the DO A, or if it has exercised the option but has defaulted hereunder and failed wtime1y cure such default, iIladdition to and not in derogatiori of any other rights or remedies itmayhaye, the Agency may p.urchase the mortgage or deed oUrust by payment to the holder o(the arn.ountof the unpaid mortgage,or deed of trust debt, iIlcluding principal and interest and all other sums secured by the mortgage or deed of trust If the ownership of the Site or any p,!rfthereof has vested in,theholder"the Agency, if it so,desires, shall be entitled'to a'conveyai1c~ from the holder to the Agency upon payment to the holder of an.amount equal to the sum of the following: a. The unpaid ID,ortgage or deed of trust debt at the time title became vested in the holder (Ie~s allappropfiatectedits, including those resulting from,collection and application of rentals and other income received during foreclosure proceediIlgs); b. All expenses with, respect to foreclosure including reasonable attorneys' fees; c., The net.expense, If any (exclusive 'of general overhead), iIlcurred by the holder as a directresultof the subsequent management of the Site or part thereof; d. The costs of any improvements made by such,holder; .4- . . e, An amountequi"alent to the interest,ti)at,.wouJd,have'accrued on the aggregate of such,amolIDts.had!allsuch amounts becomepart,6f the rrtortgage or deed of trust debt and such:debthad connnued:ifPexjstence to the date of paymenfby-the Agency; and f. Any cust6inaryprepayment charges imposed by the lender pursuant to its loan documents and agreed to by the Developer. 7, Right ofllie Agency to Cure Mortgage or Deed of Trust Default. In the event of a mortgage or deed of trust defilUltor breach prior to the completion of the construction of any of the Developer Improvements"or any part thereof, Landowner shall immediately deliver to Agency a copy of any mortgage ,holder's t)otice of default. If the holder of ' ,any' mortgage or deed of trust has not exercised its option to COlIStruCt, the Agency shall have the'rightbut no obligation to cure the default. In such event, the Agencyshilll be entitled to reimbursement from the Landowner of all proper costs and expenses incurred.by the Agency in curingsu~hdefault. The Agency shall also be entitled to a,lien upon the Site to, the extent of such costs and disbursements. Any such.lien shall be junior and subordinate to the mortgages or deeds oCtrustpursuant to Section 311 of the DDA. 8. Agency Option to,Reacquire Site. The parnes acknowledge that the primary objectives oIthe Agency.in' conveying ,the Site to the Landowner are to ,eliminate blight within the Project, encourage new investment in ,the City, ensure the optimum generation of sales tax revenues, maximize the useof:real property within the Project,and,stimulate the economic development of the City. Ac~ordU;gly, the Agency is and will,continUe to be interested in the long term use of the Site and operation of a Conforming Dealership 'Facility thereon, At all times during a term commencfug on.fue date of this Grant Deed, and endfug twenty (20) years from the date a Conforming Dealership"Pacility ,lawfully opens for business on the Site (the "OptionTenn "), the Landowner hereby'grants to ,the Agency, and the Agency shall have, subject to any deeds "of trust which have been approved;purs\lant to Section 311 oCthe DDA, an option (the "Option") to purchase the Site and Developer:Improvements for a cost (the "Option Price") not to exceed the Purchase Price set fo~ in Section 20L2of the DDA plus thetotai "Developer's Cost" (as defined in the DDA) actuallyfucurred to develop and complete the Developer Improvements, less depreciation in accordance with. generally accepted accounting principles, which Option is exercisable by the Agency futhe event any of the herefuafter described conditions of this Section 8 occur. The Option Price' shall. b,e'payable as follows: first, to satisfy any taxes or assessments imposed in connection with ,the Site and payment of which is due; second, to payoff the promissory note or notes held by the holder of the first deed of trust encumbering the Site; third, to the LandOwner, 'The,A:gencY',shallhave. the right but not the obligation to exercise the Optiori,at any time during the Option Term upot) the occurrence of any of the following events: (i) the proposed Transfer of all or any part of the Site and/or the Developer Improvements, except as a Transfer is duly approved in writing by the Agency pursuant to the DDA, or (ll) the "Closure" (as defined in the DDA) of the ,operation of a Conforming Dealership Facility on the Site for not less, than one hundred,tWenty (120) days, If the Option has not been exercised during the Option Term, it shali automatically expire at the end of said term, Upon such expiration, the Agency will, upon receipt of request, therefor by the Landowner, provide written confirmation in recordable form that such Option no longer remains in'effect. -5" . . . 9. Power of Termination. The Conveyance of the Site to, the Landowner pursuant to this GrantDeed'isngageog the coIidition that the Developer improvements ,are constructed and the Gonforming Dealership Facility is opened for businesno the, pUblic within the time set forth in the DDA, If the Landowner ()rOp'erator defaults, beyond the applicable cure period, under the prpvisions ofthe'ODA providing for the development of the Developer Improvements and the opehingofaCohforming Dealership Facility, the Agency and,itssuccessors or assigns, without paYing any compensation for any buildings or other improvements on the Site, and without making any compensation or incurring any liability for damages or losses of any kind, shall have the power to terminate all right, title, and'interestin the Site granted by the Grant Deed to the Landowner, and its heirs, successors and assigns,.in the manner provided by law for the exercise ,of this power of termination. Immediately on such a termination, the Landowner or its heirs, assigns or successors, shall forfeit all rights or title to the Site, and the Site shall revert to the Agency or the Agency's:assigns or successors" It is intended hereby to create apower of termination pursuant to the California Civil Code. If; at;the expiration of five (5)yearsfroin the date of this Grant Deed, the Agency (or its successors or assigns) ,has not exercised the power of termination retained hereunder, such powershall,be.terfuinated. This power of termihation shall earlier cease upon the commencement of operation ofa Conforming Dealership Facility following the completion of the Developer Improvements. The-rights established in this Section 9 are not intended to be exclusive of any other right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at,lawor in equity, Theserights are to be interpreted in light of the fact that the Agency has conveyed the Site to the Landowner,for redevelopment purposes , particularly for development ofa Conforming Dealership Facility, and not for speculation in undeveloped land, 10. Violations DoNot Impair Liens. No violation or breach of the covenants, conditions, restrictions,provisions or limitations contained' in this Grant Deed shall defeat or render invalid or in any way iinpairthe lien or charge of any mortgage or deed of trust or security interest permitted by paragraph 4 Of this Grant Deed; provide,d, however, that any subsequent owner of the Site shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner's title was acquired byforecl6sure, deed in lieu of foreclosure, trustee's sale or otherwise. 11. Covenants , Run With Land. All covenants contained in this Grant Deed shall be covehants:running with, the land, All of Landowner's obligations hereunder except as otherwise expressly provided hereunder shalLterminate and shall become'llull and void on July 15, 2030 [the expiration of the land:use res~ictions on the RedevelopmentPlari]. Every covenanrconlained in this Grant Deed against discrimination contained in paragraph 5 of this Grant Deed shall remain in effect in perpetuIry, 12, Covenants For Benefit of Agency. All covenants without regard to technical classification or designation shall be binding for the benefitoftheAgency, and such covenants shall run in favor of the Agency for the entire period during which such covenants, shall be in force and effect, without regard to whether the Agency is or remains an owner orany land or interest therein to which such covenants,:relate. The Agency, in the event of any breach of any such -6- . . covenants,shali have the righi,to exercise all the rights andremedies and to maintain any actions at law or suits inequity'of'other, proper proceedings to enforce,the,cuting of such breach. i . . 13. RevisionstolGrant Deed. Both Agency, its successors and assigns, and Landovvner and the'successors and assigns of Landowner in;,and to all or any part of the, fee title to the,Site"shall hilvethe right with the mutual consent of the Agency to consent and agree to changes in, or to,eiimfuate in whole or in part; any of the covenants, easements or restrictions contained in this GraptDeed without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed oitrust or any other person or entity having any interest less than a fee in,the Site. However;Landowner and Agency are obligated to give written notice to and obtain the consent of any'flfstmOftgagee prior to consent'or agreement between the,parties concerning such changes to this Grant Deed. The covenants contained in this Grant Deed, without regard to technical Classification, shall' not benefit or be enforceable by any owner of any other real property within' or outside the Project Area, or any person or entity having any interest in any other such realty. No amendment to the Redevelopment Plan shall reqliire the consent of the Landowner. AGENCY: PO WAY REDEYELOPMENT AGENCY, a public body, corporate and politic By: ATI'EST: '-- . f 7\Wt.. APPROVED AS TO FORM: Stradling Yocca Carlson & Agency SpeCial CoUnsel -7- :',';:.- . . STATE OF CALIFORNIA ) COUNTYOF Sa.., Di~o ) ss, ) On te..'o\l..~j 9 ) \ qQ.,?> , before me, E. \ \"ZA~ I<+\-- f. ~'('\ , Notary Public, (Print Name of Notary Public) personally appeared 0" a."",~~ L. ~OUl Q.'tl-....o><. , ~ personally known to me -or- 0 proved to me on the basis of satisfactory evidence to be the person~whose name"" is+al:e subscribed to the within instrument and acknciwledged to me that he/3lgeftl9cy executed the same in hisll ..!,/their authorized ,capacitytiesj, and that by his/lgerJtt:lgir signature~ on the instrument the person(81, or the entity upon behalf of which the :::0J:!(~ ~tli.d...e~<;>Jt~d' instrument. I ~ c:=~::::.. WITNESS my hood '"' oftid,1 ",I i -,,; Notary Pubic - Caifomlo I 1 San Dkogo County f ~~ My Ccmm , Expires Apr 7.2lD1 - --- ...., -......-~ ...,." -- ., - - Ignu ory OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 Individual 0 Corporate Officer Title(s) Title Or Type Of Document 0 Partner(s) 0 Limited 0 General 0 Attomey-in-Fact Number Of Pages 0 Trustee(s) 0 Guardian/Conservator 0 Other: Signer is representing: Date Of Document Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above ,~ . . , , '"-." . LANDOWNER: By: Matt Travis; astrus e e Travis Family Trust dated November 11,1993 -8- , . ".". . . , STATE OF CALIFORNIA COUNTY OF J{)/'If) IlUl'rJ ) ) ss. ) On ..).I/hAn If:" <, I q /99 f , , before me, JI.La',,t-f, /.l,genne# (Print Name of Notary Public) , Notary Public, personally appeared flruvLy 7Y;tdli..euJli-M);.5 0' personally known to me -or- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to tliinvithin 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) onthe instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. o ~------------~ ~ JUDI7h A :ENNEIT" , ~.... , Commission" 1147820 z ~::.~"' Notary pu, oUe . Colifcmio ~ z ..~ IJ ~ _ San Diegc County ~ '.. My Comm, Expires Jul 21.200t WITNESS my hand arid official seal. adJ-i)d.,~ f Signature Of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, , CAPACITY CLAIMED BY SIGNER o Individual o Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT TllIe(s) 0 Partner(s) 0 Limited 0 General 0 Attorney-In-Fact ];I Trustee(s) 0 Guardian/Conservator 0 Other: Gro. n -f f)ee.d Title Or Type Of Document y Number Of Pages Signer is representing: Name Of Person(s) Or Entity(ies) Ira U).5 F:;rr1l Iy TrflS-l Date Of Document Signer(s) Other Than Named Above .," t'." . . EXHIBIT "A" LEGAL DESCRIPTION OF SITE Parcel A: Parcell of Parcel Map No. l5255, in the County of San Diego; State of California, filed in the Office of the County Recorder of San Diego, June 06,1988. Parcel 8: An easement for ingress'and,egiess, over, along and across that portion of Parcel 2 of Parcel Map No. 15255, in the City'of Po way, County of Sane Diego; State of California, filed in the Office ,of the County'Recorderof San'Diego, June 6,1988, delineated as "mutual ingress and egress easeme'nt reserved he'reon". Assessor's Parcel No:317-190~44 ",", EXHIBIT A-I