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HomeMy WebLinkAbout1988-07 CRA .. ~ . , . , . I RESOLUTION NO. 88-07 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE REFINANCING OF A REHABILITATION LOAN SECURED BY PROPERTY LOCATED AT 202-210 NORTH MAIN STREET WHEREAS, The Community Redevelopment Agency of the City of Santa Ana made a loan of Forty-nine Thousand Three Hundred Twenty-Two Dollars ($49,322.00) to Builders Exchange Associates, a California limited partnership, to provide partial funding for the rehabilitation of an office building located at 202-210 North Main Street in the City of Santa Ana; and WHEREAS, the obligation to repay said loan is evidenced by a promissory note dated February 21, 1986 (hereinafter the "1986 Note") by which Builders Exchange Associates, a California limited partnership, undertook to pay the principal sum of Forty-Nine Thousand Three Hundred Twenty-Two Dollars ($49,322.00) with interest thereon from the date of said note on unpaid principal at the rate of ten and 5/16 percent (10.3125%) per annum, to the Agency on or before February 8, 1987, and WHEREAS, the said 1986 Note is secured by a deed of trust of the same date on the abovesaid real property, duly recorded in the records of Orange County (hereinafter, the "1986 Trust Deed") and WHEREAS, Builders Exchange Associates, a California limited partnership, now requests the refinancing of the above said loan and the Agency agrees to such refinancing on the terms and conditions hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Executive Director of the Agency is authorized to cancel the 1986 Note and reconvey the Agency's interest under the 1986 Trust Deed, subject to the following terms and conditions: (a) Builders Exchange Associates, a California Limited Partnership, shall deliver to the Agency Nine Thousand Six Hundred Twenty Nine Dollars and Seventy Cents ($9,629.70) representing the accrued interest on the 1986 Note through December 31,1987. (b) Builders Exchange Associates, a California limited partnership, shall duly execute and deliver to the Agency, through escrow, a new promissory note in the principal amount of Forty Nine Thousand Three Hundred Twenty Two Dollars ($49,322.00) (hereinafter, the "New Note"). (c) The New Note shall bear interest at the rate of ten and 5/16 percent (10.3125%) per annum. (d) The New Note shall be secured by that deed of trust dated February 21, 1986 in the principal amount of $49,322.00 that was recorded on January 15, 1987 as instrument #87-02551 in official records of Orange County, California. RLD/mo36 . . .. , . I . 8 . . . (e) The lien of the Agency's Trust Deed shall be subordinate only to the liens of trust deeds securing an indebtedness of not more than Seven Hundred Twelve Thousand Dollars ($712,000.00) held by Wells Fargo Bank and Two Hundred Fifty Thousand Dollars ($250,000.00) held by Mercury Savings, and to such other minor liens as the Executive Director may determine to be acceptable. (f) The lien of the Agency's Trust Deed shall be subordinated to a new trust deed, not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) to build out tenant improvements for the first floor and mezzanine of the subject property located at 202-210 North Main Street. (g) The borrower shall provide satisfactory evidence of title to the subject property, subject only to such easements or other encumbrances as the Executive Director may determine to be acceptable. BE IT FURTHER RESOLVED that the Executive Director is authorized to take such actions on behalf of the Agency as are appropriate to carry out the above described refinancing, including, but not limited to the signing of all appropriate documents, the establishment of a loan escrow, and execution of agreements with the borrower, including joint escrow instructions, and in so doing to impose such requirements as he deems appropriate for the protection of the Agency's interest. ADOPTED this ~ day of MARCH , 1988, by the following vote: AYES: MEMBERS: Acosta, Griset, Hart, May, McGuigan, Pulido & Young MEMBERS: None MEMBERS: None NOES: ABSENT: ~~~ DANIEL H. YOU ATTEST: ~.i&~ Cynth a J. Nel Executive Director and Recording Secretary APPROVED AS TO FORM: -2- RLD/m036