Loading...
Resolution No. 6593 --.. 1 RESOLUTION NO. 6593 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A LETTER OF UNDERSTANDING BETWEEN THE CITY OF VERNON AND COMMAND PACKAGING, INC. 4 5 6 WHEREAS, Command Packaging, Inc., a manufacturer of high 7 density plastic bags, currently located at 5300 Lindbergh Lane in 8 the City of Bell, California has outgrown its current facilities and needs to relocate its manufacturing facilities in order to accommodate its dynamic growth; and 9 10 11 WHEREAS, Command Packaging, Inc. has identified a site 12 located in the city of Vernon which would accommodate its 13 relocation needs; and 14 WHEREAS, Command PaCkaging, Inc. has also located a site 15 16 in Phoenix, Arizona which will also accommodate its relocation needs; and 17 WHEREAS, Command PaCkaging, Inc. prefers to locate within the city of Vernon if the City of Vernon provides certain benefits that would allow the City of Vernon's site to be competitive with 18 19 20 a site located in Phoenix, Arizona; and 21 WHEREA~, Command Packaging, Inc. has agreed that, if the City of Vernon provides a credit not to exceed Eighty Thousand 22 23 Dollars ($80,000) against future electric bills during the first six (6) months of operation in order to pay for the installation of electrical services to machinery which needs to be relocated 24 25 26 from the facility in the City of Bell to the new facility in 27 28 Vernon, and, if the City of Vernon will provide a relocation loan to Command Packaging, Inc. in a sum not to exceed Two Hundred .... ~ 1 Thousand Dollars ($200,000) to assist in the relocation costs of its equipment and materials, it will agree to relocate in the City of Vernon at 3800 East 26th street, formerly known as the pioneer Aluminum site, in accordance with this Letter of Understanding. 2 3 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 6 CITY OF VERNON AS FOLLOWS: 7 SECTION 1: The City Council of the City of Vernon does 8 hereby find and determine that the recitals contained hereinabove 9 are true and correct. 10 SECTION 2: The City Council of the City of Vernon hereby 11 approves the Letter of Understanding between the City of Vernon 12 and Command Packaging, Inc., a copy of which has been presented to 13 the City Council concurrently with this resolution, and the City 14 Council hereby orders said Letter of Understanding to be received 15 and filed by the City Clerk. 16 SECTION 3: The City Council of the City of Vernon hereby 17 authorizes the Mayor and the City Clerk to execute said Letter of 18 Understanding for, and on behalf of, the city of Vernon. 19 SECTION 4: The City Clerk of the City of Vernon shall 20 certify to the passage of this resolution and thereupon and 21 thereafter the same shall be in full force and effect. 22 APPROVED AND ADOPTED this 7th day of March, 1995. ~tl~ THOMAS A. YB , Mayor Pro Tem 23 24 ATTEST: //_-7 /- _/#P~7~ BRUCE V. MALKENHORST, City Clerk 25 26 27 28 -2- ..". .... ' 1 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 2 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 6593, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 7. 1995, and thereafter was duly signed by the 7 8 9 Mayor Pro Tem of the City of Vernon. ~-~~ BRUCE V. MALKENHO~ST, C1ty Clerk 10 11 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 1 Execution Copy 2 ELECTRICAL SERVICE"CREDIT AGREEMENT 3 THIS ELECTRICAL SERVICE CREDIT AGREEMENT is made, entered 4 into and executed in duplicate originals, either copy. of which may 5 be considered and used as the original hereof for all purposes, as 6 of this p~`~ ~ day of 1995,. 7 BY AND BETWEEN THE CITY OF VERNON, a municipal 8 corporation (hereinafter referred to as the "CITY"), 9 43.05 Santa Fe Avenue Vernon, California, 90058 10 AND THE REDEVELOPMENT AGENCY OF THE 11 CITY OF VERNON, a municipal corporation (hereinafter 12 referred to as the "AGENCY"), _ 4305. Santa Fe Avenue 13 Vernon, California, 90058 14 AND GRAND PACKAGING, INC., DBA COMMAND PACKAGING,. a California 15 corporation (hereinafter referred to as "COMPANY"), 16 5300 Lindbergh Lane Bell, CA 90201 17 RECITALS 18 AGENCY, CITY and COMPANY enter into this Electrical 19 Service Credit Agreement (hereinafter "Agreement") in recognition 20 of, and concurrence in, the following: 21 A. COMPANY is a manufacturer of high density plastic 22 bags, currently located at 5300 Lindbergh Lane in the City of , 23 Bell, California, which .intends to relocate its manufacturing 24 facilities to the City of Vernon. 25 B. Command Packaging LLC, a California Limited Liability 26 Corporation (hereinafter "CPLLC"), a subsidiary of COMPANY, 27 intends to purchase the building located at 3800 East 26th Street, 28 1 within the Vernon Redevelopment Project Area in the City of Vernon 2 (hereinafter the "Property"). 3 C. CITY, AGENCY and COMPANY have agreed:that the AGENCY 4 will provide a credit not to exceed EIGHTY THOUSAND DOLLARS AND NO 5 CENTS ($80,000.00) against future electric bills during the first 6 twelve (12) months of operation in order to pay for the 7 reconstruction and rehabilitation of electrical facilities to 8 serve the machinery which will be relocated from the COMPANY'S 9 facility in the City of Bell to the Property in CITY. 10 D. CITY is a chartered municipal corporation of the 11 .State of California that owns and operates a system for the 12 generation, purchase, transmission, distribution, and sale of - 13 electric capacity and energy. CITY serves electricity to 14 consumers at retail from the CITY's distribution system located 15 within its municipal boundaries; and 16 E. The AGENCY was created by the CITY in 1986 in order 17 to assist in the redevelopment of blighted areas and to support 18 the reconstruction and rehabilitation of real property and 19 buildings located in the Project Area; and 20 F. COMPANY has agreed to relocate its manufacturing 21 business to the Property in the CITY and agrees to purchase 22 electricity .(capacity and energy) from CITY for use in its 23 industrial process to be conducted by said customer at the 24 Property for the next seven (7) years in consideration. for the 25 CITY providing said credit. 26 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 27 SET FORTH HEREIN: 28 -2- ~ 1 1. EFFECTIVE DATE AND OBLIGATIONS. 2 The Agreement shall be effective on the date of 3 execution. The obligations of the CITY and COMPANY to purchase 4 and sell electricity service hereunder will start on the. date 5 COMPANY begins operation of its manufacturing business on the 6 Property (hereinafter."Date of Operation"), but which in no event 7 shall be later than six (6) months following the execution of this 8 Agreement. This Agreement and the obligations hereunder shall 9 expire seven (7) years after the Date of Operation. unless an Event 10 of Default occurs. 11 A. During the term of this Agreement, CITY will 12 supply, and COMPANY will purchase, the full requirements of the 13 COMPANY for electricity at the Property. COMPANY will not itself 14 generate electricity or otherwise obtain any electricity from any 15 source other than the CITY. 16 B. AGENCY shall pay CITY on COMPANY's behalf a 17 credit not to exceed EIGHTY THOUSAND DOLLARS ($80,000.00) for 18 electrical service used by COMPANY during the first twelve (12) 19 months only following the Date of Operation. This credit 20 obligation will terminate after said period and any unused credit 21 will be canceled. Said credit shall be granted on a monthly basis 22 not to exceed fifty percent (50%) of each month's electrical 23 billing. Said credit shall be deemed a loan by the AGENCY to the 24 COMPANY and shall accrue interest at the rate of five and-one-half 25 percent (5 1/2%) per year compounded monthly, which loan and 26 .interest .shall be forgiven on a proportional basis during the 27 eighty-four (84) month term of the Agreement upon fulfillment of 28 the terms and conditions of this Agreement. Any Event of Default -3- l as set forth in Section 4 hereof shall cause AGENCY's credit 2 obligation to terminate. In such Event of Default, COMPANY will 3 repay to AGENCY for the amount of any credit previously advanced 4 plus interest on a proportional for the remainder of the eighty- 5 four (84) month term. 6 2. CONDITION PRECEDENT TO ELECTRICAL SERVICE CREDIT. 7 AGENCY's obligation to provide the electrical service $ credit is subject to the following conditions: 9 A. Prior to the Date of Operation, COMPANY shall 10 have delivered to AGENCY and CITY, a fully executed copy of this 11 Agreement and the Commercial Loan Agreement, which is being 12 entered into simultaneously herewith. 13 B. COMPANY shall have delivered to AGENCY and CITY 14 all documents required by the Commercial Loan Agreement and 15 COMPANY shall be in full compliance with said Agreement. 16 C. COMPANY shall have relocated all of its equipment 17 .and inventory from its current location in the City of Bell to the 18 Property. 19 D. COMPANY shall have obtained and paid for-all 2~ necessary local and state licenses and permits for operation of 21 its manufacturing business including City of Vernon building, 22 electrical and mechanical permits, health permit, certificate of 23 occupancy, business license, etc.. 24 E. COMPANY shall have paid for all electrical 25 services used during the relocation period prior to the Date of 26 Operation and shall notify AGENCY and CITY in writing of the Date 27 of Operation and shall have paid for the reconstruction and 28 rehabilitation of the electrical service facilities. -4- 1 3. PRESENTATIONS AND WARRANTIES. 2 COMPANY represents and warrants that: 3 A. COMPANY is a corporation duly organized and 4 existing under the laws of the State of California with its 5 principal place of business at 5300 Lindbergh Lane, Bell, CA 6 90201. 7 B. COMPANY and/or CPLLC has the power to own 8 property. and to carry on business as it is now being conducted. 9 C. COMPANY is duly qualified and authorized to do 10 business and is in good standing in every state, country, or other 11 jurisdiction in which the nature of its business and properties 12 makes such qualification necessary. 13 D. COMPANY has full power and authority (corporate 14 and other) to execute and deliver this Agreement and to perform 15 and observe the terms and provisions of this Agreement. 16 E. All corporate action by COMPANY, its directors or 17 stockholders, necessary for the authorization, execution, 18 delivery, and performance of this Agreement has been duly taken. 19 F. The officers of COMPANY executing this Agreement 20 are duly and properly in office and fully authorized to execute 21 said agreement. 22 G. This Agreement. has been duly authorized, 23 executed, and delivered by COMPANY, and is a legal, valid, and 24 binding agreement of COMPANY, enforceable against it in accordance 25 with its terms. 26 H. There is no chartex, bylaw, or capital stock 27 provision of COMPANY, -and no provision of any indenture or 28 agreement, written or oral, to which COMPANY is a party or under -5- 1 which COMPANY is obligated, nor is there any statute, rule, or 2 regulation., or any judgment, decree, or order of any court or 3 agency binding on COMPANY which would be contravened by the 4 execution and delivery of this Agreement. 5 I. All financial statements, information, and other 6 'data furnished by COMPANY to AGENCY and CITY are complete and 7 correct, have been prepared in accordance with generally accepted 8 accounting principles and practices consistently applied. Such 9 financial statements, information, and data accurately and fairly 10 represent the financial condition and results of operations of 11 COMPANY as of the date shown thereon. Since that date there has 12 been no material adverse change in COMPANY'S financial condition 13 or results of operations sufficient to impair COMPANY'S ability to 14 perform the terms of this Agreement. COMPANY has no contingent 15 obligations, liabilities for taxes, or other outstanding financial 16 obligations which are material in the aggregate, except as 17 disclosed in such financial statements, information, and data. 18 4. EVENTS OF DEFAULT. T9 The occurrence of any of the events set forth below (an 20 Event of Default.) shall be grounds for AGENCY to terminate its 21 obligation to make or continue to provide credit for electric 22 bills during the first twelve (12) months of operation, at the 23 option of AGENCY or to demand repayment of all the credit advanced 24 prior to such default.. AGENCY shall give COMPANY ten (10) days 25 written notice of any Event of Default and request that COMPANY 26 cure said Default. The termination of the credit obligation by 27 AGENCY will not terminate the obligation. of COMPANY under Section 28 1.A until COMPANY has repaid AGENCY for any credit amounts _6_ 1 previously advanced. Each of the following shall constitute an 2 Event of Default: 3 A. COMPANY fails to pay, within ten (10) days after 4 the. date when due, any installment of interest or principal in 5 accordance with the terms of the Commercial Loan Agreement. 6 B. Any representation or warranty by COMPANY in this 7 Agreement proves to be false or misleading in any material respect $ at the time made. 9 C. If COMPANY relocates outside the City of Vernon. 10 D. If COMPANY ceases taking its full requirement of 11 electric service during the term hereof. 12 E. If COMPANY breaches or defaults under any 13 material term, condition, provision, representation, or warranty 14 in this Agreement, if that breach or default shall continue for 15 ten (10) days after its occurrence, or after notice of the breach 16 or default to COMPANY from AGENCY, whichever is later. 17 5. MISCELLANEOUS PROVISIONS. 18 A. Any communications between the parties or notices 19 provided for in this Agreement may be given by mailing them, first 20 class., postage prepaid, to AGENCY and CITY or to COMPANY at the 21 address first above indicated, or to such other address as any 22 party may indicate to the other in writing after the date of this 23 Agreement. 24 B. This Agreement shall bind and inure to .the 25 benefit of the parties and their respective successors and 26 assigns; provided, however, that COMPANY shall not assign this 27 Agreement or any of its rights, duties, or obligations without the 28 prior written consent of AGENCY and CITY. -7- 1 C. No delay or omission to exercise any right, 2 power, or remedy accruing to a party on any breach or default of 3 the other party under this Agreement shall impair .any such right, 4 power, or remedy, nor shall it be construed to be a waiver of any 5 such breach or default, or an acquiescence in such breach or 6 default, or waiver of or acquiescence in any similar breach or 7 default occurring later• nor shall any waiver of any single breach $ or default be considered a waiver of any other prior or subsequent 9 breach or default. Any waiver, permit, consent, or approval of 10 any kind by a party of any breach or default under this Agreement, 11 or any waiver of any provision or condition of this Agreement, 12 must be in writing and shall be effective only to the extent 13 specifically set forth in that writing. All remedies, either 14 under this Agreement or by law or otherwise afforded to a party, 15 shall be cumulative and not alternative. 16 D. In the event of any legal action or suit in 17 relation to this Agreement or any note or other instrument 18 required under this Agreement, or in the event that a party incurs 19 any legal expense in protecting its rights under this Agreement or 20 under any security agreement in any legal proceeding, the other 21 party,.. in addition to all other sums which such party may be 22 called on to pay, if the other party prevails in such action, will 23 pay the other party a reasonable sum for attorney's fees and all 24 other legal costs and expenses. 25 6. BINDING EFFECT. 26 This Agreement shall be binding on and inure to the 27 benefit of and be enforceable by the parties to it and their 28 respective successors, assigns, spouses, heirs, and personal and -8- 1 legal representatives. 2 7. SEVERABILITY. 3 If any portion of this Agreement shall be held by a court 4 of competent jurisdiction to be invalid, void, or .otherwise 5 unenforceable, the remaining provisions shall remain enforceable 6 to the fullest extent permitted by law. Furthermore, to the 7 fullest extent possible, the provisions of this Agreement $ (including, without limitation, each portion of this Agreement 9 containing any provision held to be invalid, void or otherwise 10 unenforceable, that is not itself invalid, void or enforceable) 11 shall be construed so as to give effect to the intent manifested 12 by the provision held invalid, void, or unenforceable. 13 8. GOVERNING LAW. 14 This Agreement shall be governed by and construed and 15 enforced in accordance with the laws of the State of California. 16 9. ENTIRE AGREEMENT. 17 This agreement supersedes any and all other agreements, 18 either oral or in writing, between the parties hereto with respect 19 to the subject hereof-and contains all of the covenants and 20 agreements between the parties with respect to said matter. Each 21 party to this agreement acknowledges that no representations, 22 inducements, promises, or agreements, orally or otherwise, have 23 been made by any party, or anyone acting on behalf of any party, 24 which are not embodied herein, and that no other agreement, 25 statement, or promise not contained in this agreement, except for 26 the Commercial Loan Agreement, shall: be valid or binding. Any 27 modification of this agreement will be effective only if it is in 28 writing signed by the party to be .charged. -9- 1 IN WITNESS WHEREOF, the parties to this Agreement have 2 executed this Agreement by their duly authorized officers 3 effective as of the day and year first above written. 4 CITY OF VERNON EONIS C. MALB RG, Mayo 6 ATTEST: 7 BY: ~ BRUCE V. MALKENHORST, City Clerk 8 APPROVED AS T`O FORM: 10 DAVID B. BREAK EY, City A torney 11 REDEVELOPMENT AGENCY OF THE 12 CITY OF VERNON 13 ~ , 14 ~ EONIS C. MALBf~ G, Chai man 15 ATTEST: 16 BY . ~ BRUCE V. MALKENHORST, Secretary 17 APPROVED AS TO FORM: 19 DAVID B. BREARLEY, Legal Counsel 20 GRAND PACKAGING, INC. 21 A California Corporation dba 22 ~-°~~°OM°M°--AND PACKAGING 23 Peter M. Grande, resident 24 25 26 27 28 -10- ~ 6 ~ ~ 1 Q_ RECD D NG ED ESTED 6Y 95 ~1198~1 t , "i~~~El~~'F~`'I1 f 1. ¢ '=iif~.CtA`*~`?~Y ~'ON!P.A~'~ RECORDED/FILED IN OFFICIAL RECORDS AND WHEN RECORDED MAIL TO Rf;CORDER~S OFFICE LOS ANGELES COUNTY REDEVELOPMENT AGENCY ~ CALIFORNIA 4305 SANTA FE -AVENUE g`'~'" VERNON, CA 90058 AT $ A.M. Address ATTN: BRUCE V, MALKENHORST ^"'°A CIlyB F ~ 9~u L ~ SPAGE ABOVE THIS LINE FOR RECORDERS USE PTG-027 (9-94) A.P.N. ~ N DEED. OFTRUST- WITH ASSIGNMENT OF RENTS ` (SHORT FORM) This Deed of Trust, made ,between COMMAND PACKAGING LLC A CALIFORNIA LIMITED LIABILITY COMPANY ~ ~ ,herein called TRUSTOR, ~ ~ I ~ whose address is' I ~ (number and street) (city) (state) COMMERCE ENTERPRISES, INC., a California corporation, herein called TRUSTEE, and j J REDEVELOPMENT AGENCY OF THE CITY OF VERNON ~ ,herein called BENEFICIARY, Witnesseth: That Trustor grants to Trustee in Trust with Power of Sale, hat property. in the County of LOS ANGELES ,State of .California, described as LEGAL.DESCRIPTION'-ATTACHED HERETO AS EXHIBIT"A" AND MADE A PART HEREOF. THIS DEED OF TRUST IS THIRD AND SUBSEQUENT TO A FIRST.. DEED OF TRUST, IN THE AMOUNT OF $3,000,000.00 IN FAVOR OF SANWA BANK CALIFORNIA, AND A SECOND DEED OF TRUST., IN THE" AMOUNT OF $725,000.00 IN FAVOR OF PIONEER-ALUMINUM, INC., BBING RECORDED CONCURRENTLY. HEREWITH. Together with the rents;.issues and profits thereof, subject, however, to the right, power and authority 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 $ 200 , 000:00 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, and (2) theperformance of each agreement of Trustor incorporated by reference or contained herein (3) Payment of additional sums and interest theron which. may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. This Document provided by Commerce Enterprises, Inc' o ~ o T; ~ L-o ~ ~ Q O ~ ~ _O ~ ~ 1 ~ N O. Z ~ - i~ aJ p n i; Q~~~M °J 6 ~ ~ z I ~ ~ o v (uj+ ci Pth v [it}. v 6N ~IIIIIN ~ . Q - ~ c v ~ ~ .c Itj E E lid E l1j E I~j E Itj E p - -v ~ ~ = ° - ~ E ~ E ~ E ~ E ~ -E ~ E ~ ~ ~ ~ ~ 11111111 IIII IIIIIIIIIIIII IIIIIIII II 1111111 I IIIIIIIIIIIII IIII IIIIIIII II I II II II II I III III IIIII IIII II I II II III I I II III III ~ II I IIIII III, I IIII I I II II I I III III III I I III 111111 I 11111111 I II III III II 1111111 II I II 111111 II I I III 11111111 I I I ~ ~ ~ O 's' : K m .a c I _ _ .~o t, a W o ~~b __~L _ J i p)---. - - K rr - - O Qh O) a. ~ ~ ~ IIIII N ° III f _ ~ ~r ~ ' z rn ~ ~ ~ YU m - o ~ ~ r 6 ~ F~ W N~y~ WE ~ L n y I m U ~ ~ c w G ,,,a ]i a -a Y _ ' ,cv 6 ~ > c7 ~ w itj ~P n N m ~ ~ itj m i a> p W u cn ~ ~ m r II II 111111 I I I I IIIII I II II IIII IIIII I IIII IIII III II IIII II IIII IIII IIIII I I II (IIIIIIII IIIII IIIIIIIIIIIII II IIIII III IIII I III II IIII IIII l ll I III II II I II II IIII I IIII II 1111111 III I II III 111111111 IIIIIIII IIII I III IIII IIII II N Q ~ ~ IIIII N ° I I ~ ~ ~ ~r ~r ~ I j A L E - CV ry-. E E N^ E N' E N, E r}, E -moo N I ro a ~ ~ O1 -IIIII ~Nn 16 ° 16 ° 16 ° 16 0 16 o It6j o ~~0 6~ az ® ® ® i_ t O >o ',~'6 (LS cd. ~ N ~ N I 9 ai ~ O N V O W O N O N a cD 00 - ~ ' ' To 'Protect the Security of This Deed of Trust,: Trustor Agrees: /'J By the execution and delivery of this Deed of Trust and the note secured hereby, that all of provisions 'A' and "B'; of the fictitious deed of trust recorded in Santa Barbara County and Sonoma .County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below.opposite the name of such county, viz.: County Book' Page County Book Page County Book Page Alameda 435 684 Madera 810 170 San Luis Obispo 1151 ` 12 Alpine 1 250 Marin 1508 339 San Mateo 4078. 420 Amador 104. 348 Mariposa 77 292 Santa Barbara 1878 860 -Butte 1145 1 Mendocino 579. 530 Santa Clara 5336. 341 Calaveras 145' 152 _ ..'Merced - 1547 538' Santa Cruz 1431 494 Colusa 296 `.617 Modoc 184. 851 Shasta 684 528 Contra Costa 3978- 47 Mono _ 52 429 San Diego Series 2 Book 19fi1 Page 1,83887 Def-Norte 78 414 Monterey 2194 538 Sierra 29: 335 El Dorado' 568 ' 456 Napa 639 86 Siskiyou 468 181 Fresno 4626 572 Nevada 305 320 Solano 1105 182 Glenn 422 184 Orange 5889 611 Sonoma 1851 689 Humbolt 657 ` 527 Placer 895 301 Stanislaus 1715 456. Imperial 1091 501 Plumas 151 5 Sutter 572 297 Inyo 147 - 598 Riverside 3005 523 Tehama 401 289 Kern 3427 60 Sacramento 4331 62 Trinity, 93 366 Kings"` 792 833 San Benito 271. 383 Tulare 2294 275 Lake 362. 39 San Bernardino. 5567 61 Tuolumne 135 47 Lassen 171: 471 San Francisco A332 905 Ventura 2062 386 Los Angeles T2055 899 San Joaquin 2470. 311 Yolo 653 245 .Yuba. 334 486 shall insure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivision A and B. (identical in all counties, and printed on the reversed side hereof) are by the within reference thereto, incorporated herein and made a part. of this Deed of Trust for all purposes as fully as if set forth at length herein,. and Beneficiary may charge for a statement regarding he obligation secured :hereby, provided the charge therefore does not exceed the maximum allowed by law. The undersigned. Trustorrcquests that a copy of any Notice of Defaulf and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. State of California` County of ,~~C7~ SS Signature of Trustor COMMAND PACKAGING LLC A LIMITED On G' S-' before me, LIABILITY COMPANY `7 ~ ~ 7 , personally appeared ~f g!a ~/~GI/y?~ - BY' ~ BY : ' ' personally known to me (or'proved to me$n the basis of satisfac- tort' 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 sign~tures(s) on the instrument the person(s), or the entity up' behalf of which the person(s) acted, G BETTINA J. DQBOW R coMM. a;.ozlsol executed the instrument. ~ ~ `NOTARY PUBLIC.-CALIFORNIA ~ LOS ANGELES COUNTY ITN S y o ~a cal.. • My Comm. Expires March 31, 1998 " Signatur Title Order No. 95 1119 811 Escrow or Loan No. (This area for official notarial seal) This Document provided by Commerce Enterprises, Inc. D_ itb ~ c lF.. J pp cCO a ~ ~ ~ ~ ~ .1a.. ~ ~ ~ ~ I m a Z a~~i r'~K aJ o O ~ ~ ~ Q° O r o 0 0 0 0 °n' .c ° 6 ~ z ~ U U ~ U ~ U ~ Ur~Cj, U ~p N IIIIIN ° a c v ~ 11j E E Ill E llj E llj E lli E y ~ ~ "y ~ ~ ~ N_IilllIIIII ~ai~ ~ N N ~ N N~ N ~i a m E E E E -E E i I I II II I III I IIIII I I II II IIIIIIIIIIIII II IIIIIII IIIII IIIII III III IIII III II III IIIII IIIIIII III II III IIIII II ~I III II I III I III IIIIIIIII IIIIII II III. IIIIIII IIII II IIIIIIIII Illllll II III IIII IIIII IIIIIII III III II II III IIII II IIII II III IIIII I II IIII III IIIII I m ~ 0 U c ~ a ~ ~ ~ ~ ~ z _ Z W .C _ _ H ~ ~ ~ ~ ~ '-gyp U. N t ~ ~ I ~ ~ owe o .YL S.1 n `o ~ j ~ m a z ~ fl Via= o~ 6 ° i _ a o ° E N IIIII ~ N ~ C ~ W ~ ~ U ~ Z ~ O ~ a1L {uL, ~ U m -tom O m. ~ r s ~ - ~ ,2 z W o } , ~ ~ ~ ° M NIIIII ~NIN ~ ~ ~ ~ I (b U ~U Q ~ of ~ ptj+ .v ai ~ ~ 1®~ ~ ~ i a> c ~aAh~. n z i~s~ y j ~ U ~ Q (0 V, ~ r , W ~ 1 j .i~ I'I ~ cv -~N OC ,1 m I _ O c c0 c0 Z ~ oo fn ~ ~ c O O W V ...r ~~6 1~ ~ N L r i0 f v o u o Hi• ~ L.~ ~ m a tr}. ~ 1 11 I I I I I IIIIII III IIIII IIIIII IIII II I I III II I II I I II I II II I II II II I I II I III I IIII II II IIIII I II IIII II IIII I III I I IIIIII IIIIII (IIIIIIIII II IIIIII II IIIII IIII (IIIIIII IIIII I III I II IIIIIIIII III IIIIIII I I II Il II I II IIIII IIIII I a A L E NIIIII N I° II I N' E E E N' E E N, E I ~ llj o lei o III ° lit o Ilj o Ill o ~ ~ ~ IIIIII ~Nlil ~n~ ° N N t`^.. ,may a c -.m - ~ C c S ~ c ~ E `t ~ N C O Ej ~ Q. ~ - --.3 " r c p 'o 6~ m ~ c r I . ro.~~ LL`= ~5 N n m rn ~~p x~N ~ I ~ ~ Hl' ~ ~ 1~_ r O O N V cD 00 ~ r I O N V t0 00 - ~ - r, _ ~"~~6~~~ ~ i THOSE PORTIONS OF LOTS 86 AND 87 OF THE RANCHO LAGUNA, SO CALLED, RANCHO SAN ANTONIO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS DELINEATED ON MAP ENTITLED 'MAP OF RANCHO LAGUNA', AND THEREON MARKED WITH THE NAMED OF CAVE J. COOTS, ET AL„ FILEDAS EXHIBiT'A', IN CONNECTION WITH THE REFEREE'S REPORT IN ACTION NO. 8-25296, OF THE :SUPERIOR COURT OF SAID COUP E~CR E OF PARTITION INSA D ACTIONR, VS. CAVE J. COOTS, ET AL.', AND ATTACHED TO FINA A CERTIFIED COPY OF SAID DECREE BEING RECORDED IN BOOK 6387 PAGE 1, ET SEa., OF DEEDS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF-SAID LOT 86, AS SHOWN OPJ THE' SAID MAP; THEI~lCE SOUTH 67 DEGREES 4T MINUTES EAST 778-FEET; THENCE SOUTH 22 DEGREES 16 MINUTES 40 SECONDS WEST 20 FEET TO THE TRUE'POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A::POINT IN THE :.SOUTHWESTERLY LINE OF EAST 26TH STREET,.. AS WIDENED BY DEED TO COUNTY OF LOS ANGELES,. RECORDED IN BOOK 3927 PAGE 83, OFFICIAL RECORDS OF SAID COUNTY; THENCE- SOUTH 67 DEGREES 41 MINUTES EAST ALONG SAID LINE OF EAST 26TH STREET 565 FEET;' THENCE SOUTH 22 DEGREES 16 MINUTES 40 SECONDS WEST 540 FEET TO A POINT IN THE NORTHEASTERLY LINE OF A 20 FOOT RAILROAD RIGHT-OF-WAY, RECORDED IN BOOK 3891 PAGE 224, OFFICIAL RECORDS OF SALD COUNTY; THENCE NORTH 67 DEGREES 41 MINUTES WEST ALONG THE SAID RIGHT-OF-WAY LINE 565 FEET; THENCE NORTH 22 DEGREES 16 MINUTES 40 SECONDS EAST 540 FEET TO THE.TRUE POINT OF BEGINNING. . 951~1198~~, - Q c c ~ r` ao m O m ~ ~ - I m a> ro~ ~]t o Q~ ~ ~ ~ o.m ~ O o O O ~ o ~ o N c O cro ~ r 1 c t N ri ~ ~ ~ ~ ~ ~ ,y m ~ a~ ~ m VIII ~ ~ ~ r m = ~ c c c ~ c c c ~ c ~ ~ ~ Itl E lt; E i' E itl E It! E ltl E O O ~ .~i ~ ~ ~ ~ E ~ E ~ E ~ E ~ -E ~ E L ''.c N c I I I III III IIIIIIIIIIII IIIIII I IIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIII IIIIII VIII III VIII I II II II III III II III II II II I IIIIII IIIIII IIII III IIII III IIII IIII II IIIIIIII I IIIIIIIIIIII III III III IIII III VIII III II II N . _ N ~ Y ~ 1-6 _ _ Q O c ~ N L - ~ T 47 ~ .h N ~ T 1" N ~ ~ ~ N- O ilb 6 N ? N _ U -O c Z p0 .~C- ~ ~ ~ .fir-. ~ I O ~ ~ f' _n 6 ~ tf~ o u= G W N. M M ~ ~ ~ 7 7 I - ~ ~ x ~ p Qr ~ ~ s a "11111 N I I ~ ~r of ~z ~ ~ ~ ~ °'mo ~ ~IIIII~IIIII~~ u~ ~ i o O N O m I}i ~C w ~ ~ r iii m i a~ t ~ ` m eo p fi •„a .v ~ m ~ 1 ®l of ~ e j O- " ~ r N, a , n {7t I ~ a Z W ro ~ • • a _ w ltl s n ~ ~ ~ lrl - Q Z - ~ F S~~ is i`e aNi c r 1 c L W ~ ~+1 m ~ ~ o ~ _ O ~ 1' IIIIIIII III; III I II I III IIII II I IIIIIIII IIIIIIIIIIII III IIIIIIII IIII IIIIII III II VIII I (IIIIIIII II III IIII IIIIIIIIIII ll II I VIII III II IIIIII 11111 II II I II I VIII III I I I III III IIIIIIII IIIIII O .p ~i..l L ~ .C ~ t L 'yh ~ ;-iti Y Fah Lam-. I „s ~ ~ (IIII N I I ° ~ ~ LT ~ ~ i ~ ~ ~ t ~ E E ~ E N' E ~ E N' E ~ c0 ro ~ ~ ~ N HI M i'-i IIII o 1~ 16 0 16 0 6 0 16 0 16 0 16 0 ~ N N ,iC, .y-b c- _ •_J c ~ ,c. ~ c c '-'-3~ .S 'E, .c ~ - 111 ML ~ z O err' ~ ~ O ~ ~ G a~ a~ 'r' co c ~ 4J .~,J N ti FA~~ ,i I ~ r, „a ~ ° gal; , " ~ O N c} fD 00 ~ ~ _ - O N ~ O O ~ ~I S ~ ~ RECO D NG REO ESTED 6Y 95 ~11 S11 RECORDED/FfLED IN OFFICIAL RECORDS AND WHfN RECORDED MAIL TO RECORDERS OFFICE LOS ANGELES COUNTY ~ CAL~FORNiA REDEVELOPMENT AGENCY 4305 SANTA FE AVENUE s'r"' VERNON, CA 90058 AT $ A.M. Address suu ATTN: BRUCE-V. MALKENHORST F~~~~ ,I ci~r a SPACE ABOVE THIS LINE FOR RECORDERS USE - PTG-027{9-94) A.P.N. / . h DEED OF TRUST WITH ASSIGNMENT`OF RENTS (SHORT FORM) C This Deed. of Trust, made ,between: i COMMAND PACKAGING LLC A CALIFORNIA LIMITED LIABI-CITY COMPANY herein called TRUSTOR, t whose-address is _ _ _ _ _ ~ (number and street) (city) (state) COMMERCE ENTERPRISES, INC., a .California corporation, herein called TRUSTEE, and i REDEVELOPMENT AGENCY OF THE CITY OF VER.NON ,herein called BENEFICIARY, I Witnesseth: That Trustor grants to Trustee in Trust with Power of Sale, that property in the: County of LOS ANGELES ,State of California, described as: LEGAL DESCRIPTION-ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART'HEREOF. THIS DEED OF TRUST IS THIRD AND SUBSEQUENT TO A :FIRST DEED OF TRUST, IN THE AMOUNT OF $3,000,000.00 IN FAVOR OF SANWA BANK CALIFORNIA, AND A SECOND DEED OF TRUST, IN THE AMOUNT OF $725,000..00 IN FAVOR OF PIONEER ALUMINUM, INC., BEING RECORDED CONCURRENTLY- HEREWITH. Together with the rents; issues and profits thereof, subject, however, to the right, power and authoritygiven to -and conferred-upon,Beneficiary to collect and apply.such rents, issues andprofits. For the purpose of Securing (1) payment of the sum of $ 200 , 000.00 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, and (2) the performance of each agreement of Trustor incorporated by reference or contained herein (3) Payment of additional sums and interest theron which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. This Document provided by Commerce Enterprises, Inc. Coro U ~ j ~ - Q z > ~ ~ ° aw o o 0 0 0 0 ~ 6 a> z p~>f, o ~ p,~j, ~ p,~j, o ~ o lv~l' ~ ~ l i j ~ ~ o ~ a~ ~ o R ~ > _ Qom. N ~ m c ~ c c c a S 6 6 6 5 6` ~ a c v ~ c ltj E E ltj E llj E Ilj E ltj E ~ Y , _ III ~ ~ N as ,v ~ ~ _ ~ E E E E ~E ~ ~ i I II II I I IIII III II III IIIIIIII I III II I VIII I II II II I III II I I III IIII III II II II (((IIIIIIII II ~I I I III II I III III III IIIIII II III III II IIIiI IIIIIIIIIIIIIIIIIIIII I II (IIII II I I I IIIIII III IIIIII II II I II III I II IIII II II II II a~ ~ ~ " _ I ~ ~~b,_ Qo'o ~ ~ ~ ~N . _ ~N ~ E z W o no N .a ~ I o~ G N M ~ 6~!~ Toil ~ 'D ~ W ~ ~ "O OC R- s ~ - V O W ~E N ,C ~ L 0 z ~ W . ~ ~ ~ ~ ~ ~ M NIIIII ~II~ ~ ~ C1 ~ L ~ Q ~ > ~ ~ f w ltj n ~ ~ ~ Itj ~ S ~ ~ ~e ~ a c ~ ~ o ~ ~ o ra ~ ~ M ao va ~ ~ Y m L ~ id m , 4J N W V ~ ..,]c ~ iu'~ (n 1`d q~ c6. ~ 61 ~ ~ I N.. 0 - tic ~ In ~ •o- ~ . / ` III II IIIIII I IIII III II II III II III it II II I II II Iilll IIIIII IIIIIIIIIIIIIIIIIIIII IIIIII IIII IIII III IIII VIII I III III III III (IIII III IIIIIIIIIIII I III I IIIIIIIIII I III (IIIIII IIIIII I I I II III I I II II II (IIIIII (IIIIIIII II I II IIII " - ~ +,r L E iv I ~ I I H-• E E t,~, P`1' Nh Ftl' , l_- c ~ (IIII ~ ~ _ M - ~ ~ ~ O S ~ ~ ~ ~ j ~ ~ aEi aEi ~ aEi ~ ~ ~ rT~ o ltj o ltj o Itj o Itj o Ii1 0 li) o I ro ~ ~ wlllll r III r~iICN ~ v v v v v N C O S N ~ r .:i I ro ~ o „ S ~ ~ ~ L I. n ~ ~ ~ ~ t ~ ~ ~ i6 ~ ~ - I.. (Lf ~ y ~ O N d' t0 00 ~ ~ O N V f0 00 ~ I • • • To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that all of provisions 'A" and "B'; of the fictitious deed of {rust recorded in Santa Barbara County and Sonoma ;County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official-Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz:: County Book Page County. Book Page County Book Page Alameda 435 684 Madera 810 .170 San Luis Obispo 1151 12 Alpine 1 250 Marin 1508 ' 339 San Mateo 4078 420 Amador 104 348 Mariposa 77 292 Santa Barbara 1878 860 Butte 1145 1 Mendocino 579 530 Santa Clara 5336 341 Calaveras ` 145 152 Merced 1547 538 Santa Cruz 1431 494 Colusa 296 617 Modoc 184 85i Shasta 684 528 .Contra Costa 3978 47 Mono 52 429 San Diego Series 2 Book 1961 Page 183887 De( Norte 78 414 Monterey , 2194 538 Sierra 29 ' 335 EI Dorado 568 456 Napa 639 86 Siskiyou 468 :18'1 Fresno 4626. .572 Nevada 305 320 Solano 1105 182- - Glenn 422 184 Orange. 5889 61:1 Sorioma 1851 689 Humbolt 657 527 Placer 895 30:1 Stanislaus 171.5 .456 Imperial 1091 501 Plumas 151 5 Sutter 572 297 Inyo 147 598 Riverside 3005 523 Tehama 401 289 Kern 3427 60 Sacramento 4331 62 Trinity 93 366 Kings 792 833 San Benito 271 383 Tulare 2294 275 Lake 362. 39 San Bernardino 5567 61 Tuolumne 135 47 Lassen 171 471 San Francisco A332 905 Ventura 2062 386 Los Angeles T2055 899 San Joaquin 2470 311 Yolo 653 245 Yuba 334. 486 shall insure to and bind-.the parties hereto, with respect to theproperty above described: Said agreements, terms acid provisions contained inlaid subdivision A and B. (identical in alLcounties, and printed on the reversed side hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for-all purposes as fully as if set forth ~t length herein, and Beneficiary may charge fora statement regarding the obligation secured hereby, provided the charge therefore does not exceed the maximum allowed by law. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. State of California ~-r~~ ,1~/~r~•~H ...F ~ $S Signature of Trustor County of f e- COMMAND PACKAGING. LLC A LIMITED On ~ ? -~J before me, LIABILITY COMPANY personally appeared ~C ~'i f~AG~M/ _ BY, BY: personally known to me (or proved to me on the basis. of satisfac- tory 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 signatures(s) on the instrument the person(s), or the entity up' behalf of which the person(s) acted, G BE~~NA ~@BOW ~ executed the instrument. ~ COMM. k1021901 NOTARY PUBLIC • CALIFORNIA • 2 ~ LOS ANGELES COUNTY ITN S y o ~a eal. • My Comm. Expires March 31, 1998 Signatur ~I-ttleorde~No.. 95 1119811 Escrow or Loan No. (This area for official notarial seal) This Document provided by Commerce Enterprises, Inc o a U _ ~ ,t v ~ ~ ~ ~ ~a ~ ~ r ~ ~ ~ O m o ro ~ - - U t Ry U7 oz ~ ~ ~ Q° o 0 _ 0 6 U ,~i U a"'i 6 ~ VIII N ° Fah C C..O ~ O N E III N~ N N ~ N h}„ N 'T, N ~ ~ ~ -`°i N II~~pp 1ft E It; E a, E ilj E Itt E Iti E it fn !n +s ~ > N VIII of VIII ~-i N~ ~ ~ ~ y ~ N K N ~ ~ N ~ N _ v ~ _ ~ L J ~ ~ c ~ ~ E ~ ~ ~ ~ E ~ ~ ~ ~ I II III II 111 111111111 111 III 11111111.111 II II II I III 1111111 III 1111 II IIL I II I I 111111 11111 11.11111111111111111111111111 11111111111 I I I 11111 ll Ill III 111.111111111 ~ C a> .h ~ ~ ~ ~E o ~t~ oLL- a .C V O W L N L. ~ ~ L I - - - ~ ~ X - ~ -o ~ ~ ~ Q .m ~-VIII _o ll ~ ~ ~ ~ ~ m O - ~ NIIIII NIIIII ~ i ~ Z W n Z y t O U - O. ~ ~ W 6 C ~ C W I1t air Il p m aC 1~I w ~ ~ o a ~.o ~ ~~`c mm ~ ~ ~ ~1 ~ I N ?W,- 7 ~ .sF ~h N 7 N U I ~I III II II III I II I I VIII I 11111111 111111 I I 11111111 111111 I I IIII VIII III III II III 111111 III 1111111 ll l 1111 1111 ll VIII VIII IIIIIIIIIIIIIIII 111111 1111111 I IIIIIIIIIII II IIII II 111111 IIII I I I I I II II II IIII III 1111111 a Qr ~ o .E ~ VIII N o ~ ~ t~ Pth Pri' Nh I N ~ E of N. N h'. E ,y-. E ~ P}, ~ E. i'I" E ~ ~ L ` O tic' I c pII- 6 N ~ N 6 N 6 N 6 N 6 ro p ~ ~ ~ ~ ~ NIIIII MAIN Its o lij o o I\ ,o I\ o I\ o I ro e \ ~ ~ _ - o ~ ai c, ,ten o ~ ~ ~ ~ ~ c a .S _ a ~ ~ ~ ~ - I a~i I t j ^w m 0 c ~ O 6 ~ ~ I Q' a~ ~ ~ Q~ _ n ar m ~ _ M' CQ ~ ~ I p ~ o N a cp w ° o cv a ca o0 ~ ba Tl•-iOSE PORTIONS OF LOTS 86 AND 87 OF THE RANCHO LACUNA, SO CALLED, RANCHO SAN ANTONIO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS DELINEATED ON MAP ENTITLED 'MAP OF RANCHO LACUNA', AND THEREON MARKED WITH THE NAMED OF CAVE J. COURS, ET AL., FILED AS EXHIBiT'A', IN CONNECTION WITH THE REFEREE'S REPORT IN ACT10N NO. 8-25296, OF THE:-.SUPERIOR COURT OF SAID COUNTY, ENTITLED 'YAIDERA LOUTS FULLER, VS. CAVE J. LOUTS, ET AL.', AND ATTACHED TO FINAL DECREE. OF PARTITION IN SAID ACTION, A CERTIFIED COPY OF SAID DECREE BEING RECORDED iN BOOK. 6387 PAGE 1, ET SEQ.,: OF DEEDS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: .BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 86, AS SHOWN OIr(THE SAID MAP; THENCE :SOUTH 67 DEGREES 41 MINUTES EAST :778 FEET; THENCE. SOUTH 22 DEGREES 16 MINUTES 40 SECONDS WEST 20 FEET TO THE TRUE'POINT OF .BEGINNING, SAID TRUE POINT - OF BEGINNING `BEING A ,.POINT IN THE SOUTHWESTERLY LINE OF EAST 26TH STREET AS WIDENED BY DEED TO COUNTY OF LOS ANGELES, RECORDED IN BOOK 3927-PAGE 83, OFFICIAL RECORDS OF SAID COUNTY;.. THENCE SOUTH 67 DEGREES 41 MINUTES .EAST ALONG SAID LINE OF EAST 26TH STREET 565 FEET; THENCE SOUTH 22 DEGREES 16 MINUTES 40 SECONDS WEST 540 FEET TO A POINT 1N THE NORTHEASTERLY LINE OF A 20 FOOT RAILROAD RIGHT-OF-WAY, RECORDED IN BOOK 3891 PAGE 224, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 67 DEGREES 41 MINUTES WEST ALONG THE SAID RIGHT-OF-WAY"LINE 565 FEET; THENCE NORTH 22 DEGREES 16 MINUTES 40 SECONDS EAST 540 FEET TO THE TRUE POINT OF BEGINNING. . _ . 95 11198~~i . - , ~ r i+6 ~ ~ ~ ~ sl C O ~ S N N ~ ~ ~ ~ _ ~ j ~ Qz> ~ C ~ ~ ~ ~ 6 aNi ~ N VIII N ~ ~ N, ~ ro rh N' ct1 > yc L ~ N I I ~ E.1 ~ .ty '~c.-3~ Q N IH ~.-i ~ C C C C ~ C C ~ k a ryry nj E IN E 't' E ill E ltl E itj E N O O C U >r ~ ~ iii VIII of VIII ri N~N ~ ~ ~ N ~ N ~ N 1 N ~ ~ ~ N Y ~ u' ~ ~ Y ~ _ ~ _ E ~ E ~ E E _E ~ ~ I _ cn H. .,a ~ y - - - I III IIIIIIIIIIII IIIIIIIIIIIIIIIIIIII 111111 11 1111111 IIII I I 111111111111111111 I I I II III III II I II II .VIII IIII IIIIIIIIIIII VIII 111111111111111111111 ~ III III II II I I I VIII C I ~ ~ a~i ~ o ,t - a o o ~ I N ~ e-• ~r- N I Z W O ~ Q ~ O 6 ~ O .c v O W ~~a t~ r ~ L _ _ K °o- Qr_~ .X a "IIII N I ~ ~r ~ ( ~ ~ W Q ~ ~ is ~ 't] `O p N N N I U C = ~ ~ ~ '1111 r U In - ~ a W ~ ~ ~ °'m p ~ NIIIII ~IIIII ~~u~~ ~ ~ ~ • L ' 08 °W° c'?~}+ a ~ ..:aim 0 8 ~9 ®g • e C'tl' Q _ l- ro z ~ k ; _ ~ ,tee ~ ' a' m i O O W V i_~,~ ~ .fib 11~. ~ N L. ~ ,T\ ~ r - ,i II6: 111111 I III I IIII VIII II II II VIII 11111111 (IIII II II II I I I IIII III 1111111 11.111111 III I II IIIIIIII VII I I IIII I II IIIiI 11111 l I I I II II II -III III I III I II I I II (IIII I IIII I IIII IIII IIII III 1111111 IIII IIII O -O O T, ~ a ~ r ~ L ~ Y y i,~i Y ~ Y r rtd ~ .c In N I p Vii' ~T ~i Cul' o ~ IIIIL N I cUa c ~ ~ ~ c - NIIIII 1~illl M~ 1tl o ltj o o Ilj o lij o Itj o _ \ \ \ i O~ _1 j v al - ~ v v v o v v ~ .c o 6 ~ z I c ~ O 1'il~ S ~ ~ O ~ N ~ ~ c U r k~ cc r*~ ~ q~ - ~ ~ o N a ~ o0 0 ~ o N a co o ° CITY COUNCIL DAVID B. BREARLEY LEONIS C. MALBURG 5 City Attorney Mayor ~ FAX: (818) 330-5818 r ~ t ~i THOMAS A. YBARRA . ~ ~ ~ S. KEVIN WILSON Acting Director of Community Services & Water Mayor Pro-Tem h~ ~ ~ ~y ~ FAX: (213) 588-2761 Wm. "BILL" DAMS ~ Councilman '""'f' KENNETH J. DeDARIO H. "LARRY" GONZALES Director of Light & Power vN FAX: (213) 583-1983 Councilman . DAVE TELFORD W. MICHAEL McCORMICK Fire Chief Councilman TT FAX: (213) 581-1385 BRUCE V. MALKENHORST CI j l LOUIS ROSENKRANTZ City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178 June 28, 1995 Peter M. Grande., President Grand Packaging,. Inc. DBA Command. Packaging 53.00 Lindbergh Lane Be11, California 90201 Re: 1. Electrical Service Credit Agreement 2. Commercial Loan Agreement Dear Mr. Grande: Enclosed herewith for your records is a fully executed duplicate original of each of the above referenced agreements which were approved by the City Council and the Redevelopment Agency of the City of Vernon at their adjourned meetings held June 27, 1995. Very truly yours, CITY F VERNON ,p~~~? i~ o ' ~ J . Oro .Chief Deput ity Clerk GJO/hr ACORD EVIDENCE OF PROPERTY INSURANCE vAIE (r1M/UU/YY) 7/11/95 THIS EVIDENCE THAT THE INSURANCE AS IDENTIFIED BELOW HA5 BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RI P E A DED LI PRODUCER PHONE COMPANY A/C, No,Ext SEDGWICK JAMES OF CA, INC. Firemans Fund Insurance Co. 3435 WILSHIRE BLVD., #500 Dept. #7612 LOS ANGELES, CA 90010 Los Angeles, CA 90088-76.12 coDE: 0 4- 6 0 3- 0 6 6 sue coDE: AGENCY G R 3 2 3 8 1 0 INSURED LOAN NUMBER POLICY NUMBER Grand Packaging, Inc. & MZX806116112 ~ ~ ~ k ~ ~ ~ L L I, ' EFFECTIVE DATE EXPIRATION DATE A Limited L i a b i l i t y Company CONTINUED UNTIL 5 3 0 0 Lindbergh Lane 1 2 1 5 9 4 1 2 1 5 9 5 TERMINATED IF CHECKED Bell C A 9 O Z O 1 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION DESCRIPTION 3800 East 26th Street Vernon, CA 90023 GOVERAI"iE INFORMATION COVERAGES/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE - _Fire, ECG ~M- &-_M 5,880,000 1,000 (Special Form - Replacement Cost) REMARKS (Including Special Conditions) /A~ ~ p ~iV ~`fl-CJ THIRD MORTGAGEE FOR ABOVE CAPTIONED LOCATION 1/~^' VV(~ J j v- \ LOAN AMOUNT: $200,000.00 V~-~"' ~ ~ i CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD, SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 3 0 DAYS WRITTEN. NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS X MORTGAGEE ADDITIONAL INSURED LOSS PAYEE REDEVELOPMENT AGENCY OF LOAN NO. .THE CITY OF VERNON 4305 SANTA FE AVENUE V E R N O N, C A 9 O O 5 8 AUTHORIZED SIGNATURE ~ ~ ATTN: BRUCE V. MALI<ENHORST ACORD 27 (3193) _ _ ACORD CORPORATION 1993 ,I ~ CITY COUNCIL ~ ~ DAVID B. BREARLEY v ~ City Attorney LEONIS C. MALBURG FAX: (818) 330-5818 Mayor VICTOR H. VAITS THOMAS A. YBARRA Director of Community Services & Water -Mayor Pro-Tem FAX: (213) 588-2761 Wm. "BILL",DAMS KENNETH J. DeDARIO Councilman Director of Light & Power H. "LARRY" GONZALES FAX:. (213) 583-1983 Councilman DAVE TELFORD W. MI(>HAEL McCORMICK Fire Chief Councilman FAX: (273) 581-1385 LOUIS ROSENKRANTZ BRUCE V. MALKENHORST TTv Police Chief City Administrator/City Clerk CITY HALL FAX: (213, 581.1.1,8. FAX: (213) 581=7924 4305 SANTA FE AVENUE, VERNON; CALIFORNIA 90058 In Reply Refer to: j TELEPHONE (213) 583-8811 June 22, 1995 City Council Gity of Vernon - Honor-able- Members . - At their meeting held~March 7, 1995, City Council approved a letter of I. understanding with-Command Packaging regarding relocation :assistance. An agreement has been prepared which provides for the purchase of electrc y from the Vernon Municipal Utility for use by said customer at 3800 East~26th Street for the next seven years iri consideration for the Redevelopment Agency providing a credit against the company's electrical bills during the first year of operation not to exceed $80,000. This will assist the company in the reconstruction and rehabilitation of the facilities by providing electrical service to the machinery being installed by the company. This has been reviewed by the City Attorney, and it is hereby recommended that an Electrical Service Credit Agreement be approved and executed. Very truly yours, a .Bruce V. Malkenhorst City .Clerk i BVM/hr is ~I f ~e~....:, . .+:a:...].:.. a<):a~ff.]t1 .,i.>ev-....,... .,~.]<-a~ .1..:]2>.au31 )J.[..[_.;. x..~L)...[~ [.:[:t:~.,. ~i~ts~1.]: _:f..i.).x - y, ~ - 213 48.4 ©417 07/10/95 15.11 :$213 484 0417 .COMMERCE ESCROW ~ X001 n ~ V - 1 ~ ~ COMMERCE ESCRaW~CIQMPAR~,a gOO1~ ~Q~m~~t% r99~ 1545 Wilshire 131vd., Suite 600, ~t 2.13) 484A855 (3l0) 2$4-5700 ~J~~~%~~ Fax (213) 484041 7 CQMMERCE ESCROW COMPANY IS LICENSED 6Y THE DEPARTMENT OF Cc7F~PORP.TIONS ` - STATE OF CALIFaRNIA. LICENSE # 963 0884. - mate: July 'f O, 1995 ~ Ta: Bruce Malkenhorst (29 3) 589 -7924 - From: ~ Ext. G`~~~ Regarding: 95-29 ®~6 Command Paatcagin~ Items sent: ®eed of Trust for your loan Messages: Please advise as to the form and content and if acceptable to y®u. I~lumber of pages ,i3i;a?$?i:i2~;;, 1zzii>,3k~l~u:>(i,.,.. .,~,:;>i..,~e1i3~3~?ax~~~~?3~,t-a3ai~.33.i~?.iLti.3R5.ia 93~ t7~ 535. 1311 ''i3.i321z3;~33i 3iii3i~,~~i;}, ,,,~232~13i1S ? i~i~i~i~a~-- ' 07/10/95 15:12 '8`213 484 0417 COMMERCE ESCROW X002 RECORDING REQU~gTED BY ANO WMEN RECORbEb YAU. Tb REDEVELOPMENT AGENCY ~ wm. 4305 SANTA FE AVENUE ~~'aa,... VERNON, CA 90058 - cnya ATTN: BRUCE V. MALKENHORST J , SPACE ABOVE THIS UNE FOR RECOROE>~~S USE------ - PTG•027 (9.9aj . A.P.N. I7EE~ (7F TRUST WITH- ASSIGNMENT. OF REN'T'S (SHORT FdRM) This Deed of Trust, made ,between COMMAND PACKAGING LLC., A CALIFORNIA LIMITI;p LIA$ILITY COMPANY herein called TRU5TOR, whose address is (number and street) {city)' {state) COMM>r)f~CE ENTF}tipRISES, fNC., a California cor}xiration, herein called TRUSTE)J, and REDEVELOPMENT AGENCY OF THE CITY OF VERNON . ,herein called 81rNSFICIARY, Witl7esseth: That Trustor grants to Trustee in Trust with Power of Sale, that property in the County of LOS ANGELES ,State of California, d'esc~ibed as: LEGAL DESCRIPTION ATTACHED HERETQ AS EXHIBIT "A" AND MADE A PART HERl;OF. TFiI5 DEED OF TRUSS' ~IS THIRA AND SUBSEQUENT TO A FIRST DEED OF TRUST, IN THE AMOUNT OF $3,000,000.00 IN FAVOR OF SANWA BANK CALIFORNIA, AND A SECOND DEED OF TRUST, iN THE AMOUNT' OF $725,000.00 IN FAVOR OF PIONEER ALUMINUM, INC., BEING RECORDED CONCURRENTLY HEREWIxH. Together with the rents, issues and profits thereof, subject, however, to the right, power and authority given to and conferred upon Beneficiary o collect and apply such rents, issues and profits. For the purpose of Securing (1) payment of the sum of $ 200 , 000.00 with interest thereon according to the terms of a promiSSC,ry note or notes of even date herewith made by Truster, payable to order of Beneficiary, and extensions or renewals thereof, .and {2) the performance of each agreement of Trttstor incorporated by reference or con#ained herein {3) Payment of additional sums and interest theron which may hereafter be load to Trustor, or his successors or assigns, when eVidertced by a promissory-note or notes reciting that they are secured by this Deed of Trust Thiy Document provided by Commerce Enterprises, [nc ,t,:,.>,,,:, ,.autss~ r >,.,.;asi,.str2o.,r.w. s.3.,S.,~ ...,a3s:,a~s3s323i323E32:'~ ' ~ . , x?~13~3~3?;a.,a.,;,;,.,a„r3F,2,Li:>. .,,>.-nat~2i oia2aiai+ai~,.'+.is~~~.~3~~13~3~~23~~~~~3332i~3?ais3i?i~£1i3~3:3r,iiiik3~ ' 07/10/95 15:12 $2.13 484 0417 COMMERCE ESCROFM1' 1~j003 Ta Ynrotect the Sectllrity of This Deed cif Trust, Trustor Agrees: By the execution anal delivety ~f this Deed of Trust and the note secured hereby, that ail of previsions '~Y' .and "B'; of the fictitious deed of trust rta:orded in Santa Barbara County.. and Sartvnn~ County October 18,1961, anti in aI1 other counties (~ctoher 23, 1961, in the book and at the-page of C7fficial Records in the office cif the county recorder of the county where said property i located, noted below opposite - the name of such county, viz.: _ County Book Page County 6ooK Pa A Alameda 435 684. Madera 870 170 Coturtl+ . Book Page Alpfrit3 i 250. San Luis Obispo 1151 12 Merin iS08 338 "San Aliatao 4078 a20 AmadOr 104 348 Mariposa TT 282 8une 11a5 1 Mendocino 579 530 $ania Barbara 1878 880 Cdlavera5 145 152 Men:ed iS47 Santa Clara 5338 341. Colisa 296 617 Modoo 538 Santa Cruz 1431 4g4 Contra COSt3 3978 47 Mono 184 851 Shasta ti84 528 Del Norte 52 429 San Diego Series 2 $ook 13ti1 Page 183887 78 414 Monterey 2194 538 Sierra Ei Dorado 568. 456 Nap& ti39 gg 2g 335 Fresno 4626 572 Nevada Sisioy~ou , 468. 181 305 320 Solarto t105 182 t3lenn a2Z 184 Orange 5889 611 Sonoma Humbolt fi57 527 Placer 1851 889 885 301 Siarsislaus 1'715 456 imperial 1091 501 Plumas 151 5 3utier Ingo . 147 598 f3lvQrsida 3005 523 TehBma 572 297 Ke+n 3427 80 Seciamento 4331. 401 289 Kings 792 833 San:Benlto 271 82 .Trinity. 93 366 Lake 383 .Tuiarp 2284 275 36Z 39 San Bernardino 5567 61 Ttfo4rmne 135 47 Lassen 171 471 San Francisco A332 905 Vt:rtLrra Los AOgeles T2055 899 Ssn Joaquin 2470 31 t Yolo 2062 386 :.653_ 245 - Yuba 334... 486. shall insure to and bind the parties hereto, with respect to the property abpve desrriberi. Said agreements, terms and provisions container! in said subdivisign A and B, (identical in all counties, and printed On the reversed side hereof) are by the within refr?rertce thereto. incorporated herein and made a part of'this Decd of Trust {or a!I purposes as fully as iF set forth at length herein, and Beneficiary may charge .for a statement regarding the obligationsecured hereby, provided the charge therefore does not exceed the maximum allowed bylaw. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to. him at his address hereinbefare set forth. State of Califurttia County of cJs Si~naturp of Trustor COMr1AN13 PACKAGING, LLC., A LlMJ.TED before me, I,lASILITY COMPANY personally appeared - 8Y: BY: personally luwwn to me (or proved to me on t1?e basis of srHefao- tory evidence) to br the persun(sTwhose name{s) i5 / are subscribed to the within instrument and acknowledged to me that he / sloe / they executed the same inhie /her / their authotizCd capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf u( which the pi;rson{s) acted, executed the instrument. WITNESS my hand and official seal. Signature Title`Clyder No. Escrow or Loam No. ••~-W {This area for official notarial wail This Llacument prnvided by Commerce Enterprises, Inc.. s ,x. aa,.; . - nsasos w<>u.:.;;.. .......ua,>k>~;;; . - ,i,h1,. s, 3fsf.~i3~3'f313131$E f$E6ki.~...a::i,.,~ilsPslli7s„ 07/10/95 15:13 $213 484 0417 COMMERCE ESCROFV 0004, i - _i THQSE PQRTiONS OF LOTS 86 AND $7 OF THE RANCHQ LAGUNA, SQ CALLED, RANQH4 SAN ANTONIO, iN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS DELINEATED ON MAP ENTITLED `MAP QF RAfVCt-la LAGUNA',_ AND THEREON MA»KFD WITH 1'HE NAMED OF CAVE J. CaUTS, ET AL, FILED AS EXHIpi7'A`, IN CONNECTION WITH THE`R~FEREE'S REPORT !N ACTION NO. 13-25296, OF THE SUPERIC?R COURT OI` SAtD COUNTY. ENTITLED 'YA1pERA COOTS FULLER, VS. CAVE J. CQUTS, ETAL`,-AND ATTACHED. TQ FlNAi. DECREE OF PARTITION IN SAID AGTiE)N, A CERTIFIED COPY OF SAID DECREE .BEING RECORDED IN BOOK 6387 PAGE 1, ET SEQ., OF DEEDS, RECORDS OF SAll7 COUNTY, MORE PARTlCiSl.4RLY DESCRIBED AS FQI..LQWS: BEGINNING AT THE MOST NQRTHERLY CQRNEA QF SAID LOT 86, AS SHOWN UiY TNS SAIp lvfAP; THENCE SOC.1T'M 67 DEGREES 41 MINUTES EAST 778 FEET; THENCE SO~.JTH 22 aEGREES 16 MINUTES 40 SECON(~S WEST 20 FEET TO THE TRUE POINT OF BEQrNN4NG, SAID TRUl aorN7 OF BEGINNING BEING A .PAINT IN THE SQUTHWESTERLY LINE QF EAST 26TH STRFES, AS WrDENEO 8Y C)EED TO COUNTY OF L06 ANGELES, RECORDED IN 80aK 3927 PAGE 83, OFF~IAL RECORDS OF SAID COON T Y; THENCE SOIJ'7~-! 67 DEGREES 41 MiNU~S EAST ALONG SA{0 LINE OF EAST 26~-r STREET 5E5 FEET; THENCE SOUTH 22 DEGREES 16 MINUTES 46 SECONDS V~ES7 540 FEET TC7 A POINT IN THE NORTHEASTERLY LINE OF A 20 FOOT RAILROAD RIGHT-OF-WAY, RC`CORDED IN 80QK 3891. PAGE 224, OFFICIAL RECORDS OF SAID COUNTY; T~-IENCE NORTH 67 DEGREES 41 M{NOTES WEST ALONG THE SAID RIGHT OF-WAY LINE 565 FEET; .THENCE NORTH ~2 bEGREES 16 MINUTES 44 SECONDS EAST 540 FEET TO THE TRUE POINT QF eEGrNNrsuG. • a 4