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HomeMy WebLinkAboutSOUTHLAND ECONOMIC DEVELOPMENT CORPORATION - 2009,r 1 NTH' ~{-' ~~ ~~ ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT N-2009-033 This ACKNOWLEDGMENT OF ASSI `GNMENT OF JUDGMENT ("Assignment") is entered into this ~ day of ~ DRt \ , 200, between Southland Economic ~ ~ Development Corporation, a corporation duly organized and existing under the State of California (the "assignor/judgment creditor"), and the City of Santa Ana, a charter city ~~ and municipal corporation organized and existing under the Constitution and laws of the ~ ~ N State of California (the "assignee"). _•V1~ V 4. RECITALS A. On April 19, 1999, the assignor/judgment creditor and assignee entered into an Agreement (hereinafter the "1999 Agreement"), which is attached to this Assignment as Exhibit "1" and incorporated herein by reference, for the use of federal Empowerment Zone Funds ("EZ funds"), where the assignee agreed to provide EZ funds to the assignor/judgment creditor and the assignor agreed to use those funds to establish and operate a Revolving Loan Fund for business loans. B. On or about August 6, 2003, the assignor/judgment creditor entered into a Promissory Note and Loan Agreement with Tracy Snyder, individually and doing business as Chip-N-Dough, Inc. (hereinafter the "judgment debtor"), under which the assignor/judgment creditor tendered EZ funds in the amount of $99,357.97 to the judgment debtor. C. On or about March 6, 2006, the assignor/judgment creditor filed a complaint against the judgment debtor alleging the judgment debtor failed to make the required payments under the Promissory Note and Loan Agreement. D. By a Judgment ordered on December 15, 2006, in the proceeding of Southland Economic Development Corporation vs. Tracy C. Snyder Chip-N-Dou et al., Court File No. 06CC03786, in the Orange County Superior Court, Central District, in which the assignor/judgment creditor was the plaintiff alleging a cause of action for Breach of Contract, it was adjudged that the assignor/judgment creditor recover against the judgment debtor the sum of $141,900.64 (hereinafter the "Judgment"). E. On March 2, 2007, the assignor/judgment creditor recorded with the Orange County Recorder's Office an abstract of judgment for the amount of $141,900.64 against judgment debtor Tracy Snyder, individually and dba Chip-N-Dough, with a last known address of 255 Camelia Lane, Costa Mesa, California 92627. (Exhibit " 2.") F. The last known address for the Agent for Service of Process for the judgment debtor Chip-N-Dough, Inc. is: 1943 East Pomona, Santa Ana, California, 92705. G. No amount due under the Judgment has been paid by the judgment debtor. Acknowledgment of Assignment of Judgment 1 H. The 1999 Agreement provides that upon its expiration, the assignor/judgment creditor shall transfer to the assignee any unused EZ funds as well as any accounts receivable attributable to the use of EZ funds. I. The 1999 Agreement expired on August 18, 2008, when it was terminated by the assignee. J. In accordance with the provisions set forth in the 1999 Agreement, the parties hereto desire by this Assignment for the assignor/judgment creditor to assign to the assignee all of its rights, title and interest in the Judgment. THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The assignor/judgment creditor hereby assigns to the assignee all its rights, title and interest in and to all monies due and payable under the Judgment and all monies recoverable under it or as a consequence of it, including interest and costs, to hold the same to the. assignee absolutely. 2. The assignor/judgment creditor does hereby or shall covenant with the assignee that the Judgment is in full force, and that no amount due under the Judgment has been paid by the judgment debtor. 3. The assignor/judgment creditor further covenants that he/she has the right to make the assignment herein and that he/she and all persons claiming under him/her will execute any further assurances of the said Judgment to the assignee, as the assignee may reasonably require. 4. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the assignor/judgment creditor and assignee, and their respective successors and assigns. 5- Governing Law. This Assignment has been entered into, is to be performed entirely within, and shall be governed by and construed in accordance with the laws of the State of California. 6. Further Assurances. Each party hereto covenants and agrees to perform all acts and things, and to prepare, execute, and deliver such written agreements, documents, and instruments as may be reasonably necessary to carry out the terms and provisions of this Assignment. NOW, THEREFORE, the parties hereto have executed this Assignment as of the date set forth above. Acknowledgment of Assignment of Judgment 2 ASSIGNOR/JUDGMENT DEBTOR: SOUTHLAND ECONOMIC DEVELOPMENT CORPORATION 400 North Tustin, Suite #125 Santa Ana, California 92705 By: Titl /~-rs, d~~ ATTEST: PATRICIA E. HEALY Clerk of thP-Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City At ey B ~. Teresa .Judd Deputy City Attorney ASSIGNEE: CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, California 92702 DAVID N. AM City Manager Acknowledgment of Assignment of Judgment 3 STATE OF CALIFORNIA COUNTY OF OYa r,o~~e ) On Apr i 1 1 , `Zpo °l before me, -~- S~- a Notary Public, personally appeared a m'eS DGVI S ,who proved to me on the basis of satisfactory evidence to be the persons-) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sl~ek~iey executed the same in his~r authorized capacity(ies), and that by hisA~erftheir signature() 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. ~~„~ //~~// STEPHANIE REYES Signature ,bll;6t/YLC.(~ ~~.Q.v~ftl~ ~ ComrMaaiaa ~ 1432201 ' ` - Notary Public -California i Onnge County (Seal) M Comm, Tres Jan 20 ?~ STATE OF CALIFORNIA ) COUNTY OF ) On ~~E ConMdaaioa s t>sJ2201 Notary Publk - CaNlornia Onnye County Comm. Ex irea Jan 20, 24t 3 before me, a Notary Public, 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) Acknowledgment of Assignment of Judgment 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California - County of Orange } SS. On April 15, 2009 before me Claudia M. Fernandez-Shaw, Notary Public Date Name and Title of Officer (e.g., Jane Doe, Notary Public") personally appeared David N. Ream Name(s) of signer(s) CUUlDIA M. FERNANDEZ-SHAW CommG~slon ~ 1633539 i , •s iJofary Pubtlc - CaUfomia orange Gounty My Comm. Expkes Jan 25, 2010 ~.. Place Notary Seal Above ITNESS fr}y hand and official seal. Signature of Notary PubJfc/ - / OPTIONAL (~I Though the information below is not required bylaw, it may prove valuable to persons relying on fhe document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner -- ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: who proved to me on the basis of satisfactory evidence to be the person~,a~ whose name(,B'f mace subscribed to the within instrument and acknowledged to me that ~}iel~}3eq. executed the same in ~~ authorized capacity(, and that by Iii her/tl~reirsignature~ on the instrument the person, or the entity upon behalf of which the pe son(~'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Number of Pages: thumb here Signer is Representing: ~ rY~~ ~ 6~'~~ AGREEMENT BETWEEN THE CITY OF SANTA ANA _ _ r„Y ~,~ r ... _'... _ i _ • ~ '~ .. __ ..__~l AND :~ `~ F:~:::;:~=.`._ ~~:=:=.r . SOUTHLAND ECONOMIC DEVELOPMENT CORPORATION ~-~~~^~ ` ~~-- ~p ~ FOR USE OF EMPOWERMENT ZONE FUNDS : ;: ~: iJ.,.~.~~~ ~~ -.s ~P r_ c v_~ This Agreement, made and entered into this ! ~~ -~~-f ~~ , 199 ~9 , by and between the City of Santa Ana~arte rci of the' State of California (CITY) and ("SUBRECIPIENT"}, Southland Economicf Development Corporation. WITNESSETH Recitals: 1. CITY is the recipient of Empowerment Zone ("EZ") funds from the United States Department of Housing and Urban Development (HUD ). 2. CITY desires to engage SUBRECIPIENT to provide the services described in "Exhibit B," hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and willing to operate said program. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereby agree as follows: 1. SUBRECIPIENT'S OBLIGATIONS A. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT under Paragraph II hereof. B. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ~ ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from ,all ~=agencies governing SUBRECIPIENT operations hereunder. ,__ _ , •: t:: Page 1 of 13 C. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be spec~cally zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or ermits, any local, state or federal rules and regulations relating"thereto, SUBREC PIENTIshalgl immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notifica#ion of said violation{s) from th~_ CJTY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or~ to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. D. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be separately accounted for apart ~ from any other funds of SUBRECIPIENT, or of any principal or member of SUBRECIPIENT. SUBRECIPIENT agrees that if SUBRECIPIENT receives Three Hundred Thousand.. Dollars ($300,000.00) or more in EZ funds under the terms of this Agreement, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. E. ~ SUBRECIPIENT shall keep records of all funds received from CITY under the terms and conditions of this Agreement in accordance with the procedures set forth in the "Agreement Accoun#ing and Administrative Handbook" of CITY, a copy of which shall be provided to SUBRECIPIENT by CITY. . SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of !ow and moderate income persons and households assisted in accordance with federal income limits, number of female heads of households, and number of senior citizens assisted. SUBRECIPIENT agrees to provide CITY with written cumulative (year-to- date) reports of its activities on or before the 15th day of October, January, April and July for the period beginning September 1, 1999 and through and including the previous three- month reporting period setting forth the activities, program accomplishments, new program information and year-to-date program statistics on expenditures, caseload and activities. When appropriate, pictures should be included. ;" - -, Page 2}} of 11 . CITY and the United State Govemment and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENTs activities and performance, to books, documents and papers, and the right to examine records of SUBRECiPIENTs subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and- the United States Govemment and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning. employees and participants in said program and enterin an 9 y premises or any site in which any of the services or activities funded. hereunder are conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event SUBRECIPIENT does not make the above-referenced documents available within the city of Santa Ana, Califomia, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. F. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at SUBRECIPIENTs office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the four (4) years until resolution or disposition of such appeals, litigation; claims, or exceptions. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. G. SUBRECIPIENT shall be in good standing, without suspension by the ' Califomia Secretary of State, Franchise Tax Board and. Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. H. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. Page 3}} of 11 !. SUBRECIPIENT agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. J. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby EZ funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance or repay CITY all amounts spent in violation thereof. K. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shat( be made available to CITY upon request. The term "non-expendable personal property" shall include leased and purchased equipment. . L. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. M.: SUBRECIPIENT certifies that no appropriated funds may be expenc~d by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative a SUBRECIPIENT shall sin a certification to that effect in a form as set forth i "Exhibit "attached hereto and by this reference incorporated herein. SUBRECIPIENT s it said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to' any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. N. SUBRECIPIENT agrees that except for the use of EZ funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to EZ activities assisted under the terms of this Agreement, or who are in a position to participate in adecision-making .process or gain Page 4}} of i 1 inside information with regard to such activities, may obtain a financial interest or benefit from a EZ-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. II. CITY'S OBLIGATIONS A. Upon execution of this Agreement by SUBRECIPIENT, CITY- shall pay to SUBRECIPIENT from EZ funds, when, if and to the extent received from HUD; for CITYSs 1999-00 EZ program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 1999-00 pursuant to this Agreement up to a maximum aggregate payment of two hundred and fifty thousand dollars ($250,000.00). SUBRECIPIENT shall make disbursements from said funds to assist businesses in the Empowerment Zone. SUBRECIPIENT shall submit to CITY periodic invoices detailing disbursements made, work/services performed, and costs associated therewith. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, color, national origin, religion or sex will be excluded rrom participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with EZ ` = funds. IV. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with EZ furids: A. ' SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. . B. SUBRECIPIENT steal! not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. Page 5}} of 11 D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, EZ funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cos# constitutes in dollar terms only an incidental portion of the EZ expenditure for rendering the services under said program. V. -P-ROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or pemnit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by-SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, step-parent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VI. NOTICES Notices to the parties shalt, unless otherwise requested in writing, -be sent by U.S. Mail, postage prepaid, and addressed as follows: .~ TO CITY: City of Santa Ana Community Development Agency M-25 20 Civic Center Plaza P.O. Box 1988 - Santa Ana, California 92702-1988 TO SUBRECIPIENT: Southland Economic Development Corporation 2000 East 4~' St., Suite 206 - Santa Ana, CA 92705 - VI1. ASSIGNABILITY SUBRECIPIENT shalt not assign nor transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of CITY; provided, however, that claims for money due or to become due SUBRECIPIENT from CITY under this Agreement may be assigned to a bank, trust company'or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to CITY. `~_. Page 6}} of i 1 Vltl. HOLD HARMLESS SUBRECIPIENT shall indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and fior injuries to or death- of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensa#ion claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out ~ of SUBRECIPIENT's performance of this Agreement. IX. INSURANCE A. SUBRECIPIENT shall furnish the CITY Clerk's Office with an insurance certificate from its workers compensation insurance carrier certifying that it carries such insurance.as established and required under California law and that the policy shallrot be canceled nor` the coverage reduced except upon thirty (30) days prior notice to CITY.' B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, .with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY for approval by the City's City Attorney which shall clearly evidence all coverage required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the .CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. Page 7}} of 11 X. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any EZ funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of EZ funds. .. -B. Any real property under SUBRECIPIENTs control that was_ acquired or improved in whole or in part with EZ funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written .approval, to meet one of the national objectives sta#ed under federal law until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A. above, SUBRECIPIENT shalt pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-EZ funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. Why said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment. D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest {if any it may have) in and to CITY, EZ or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any Page 8}} of 11 previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraphs XII. TERMINATION" and "III. P s a not be affected by the termination o is_ _ greement and sha survive e a e o termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the res onsibilities, performed and completed to the satisfaction of CITY and HUDt~.es and obligations to be XI. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled- to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five 5 days' written notice for violation by SUBRECIPIENT of the terms and conditions of the this agreement or applicable State or Federal requirements. in the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds by City to SUBRECIPIENT pursuant to this Agreement may be terminated for convenience upon two weeks written notice to SUBRECIPIENT. Page 9}} of 11 E. In the event this Agreement is terminated as set forth in subparagraphs XII_A. through XII:D., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPlENTs rights, any and all funds not- used, and to comply with paragraph "Xl. REVERSION OF ASSETS" of this Agreement. XI1. - L-IMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of EZ funds. which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENTs authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. Where C1TY_ has reasonable grounds to question SUBRECIPIENT`s fiscal accoun~bility, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, steal! any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. Xlll. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's.EZ funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or .amendment hereto shall be effective unless executed. in writing and signed by both CITY and SUBRECIPIENT. Page 10}} of 11 XIV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State~of California, and-all applicable federal laws and regulations. XV. VALIDITY The invalidity in whole or in art of an p y provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. CITY OF SANTA ANA, A municipal corporation DATED:. 1~ _~ y _~, ~ AT "I's=ST: C erk of the Council DATED: l0- ~? 7 City Manager APPROVED AS TO FORM: xecutive erector rest ent z Page 11}} of 11 SUBRECIPIENT: EXHIBIT A REVOLVING LOAN PROGRAM FY 1999-2000 PROGRAM BITDGET- SOIJ'I'HLA,ND ECONOMIC DEVELOPMENT CORP. Salaries: Loan officer: Loan Manager: Serviang Coordinator. $15,400 3,000 2,625 $21,025 Marketing/Office IVlaterials: $ 3,000 Start-up Expenses:1 10,000 Insurance:2 Legal Review: 517 2,500 _ $16,017 _~ TotaL• ~ $37,042 • Southland intends to lend the entire $250,000. To the extent that there is program income, the costs noted above will be charged to that income. 1 Includes license application expenses (actual costs and labor and program design (operating and loan policies _= and procedures, accounting systems, etc z Extended coverage required by the City of Santa Ana EXHIBIT B REVOLVING LOAN PROGRAM FY 1999-2000 PROGRAM STATEMENT SOUTHLAND ECONOMIC DEVELOPMENT CORP. 1. Southland will establish aRevolving-Loan Fund for business loans with the funds provided. Target loan amounts will be $20,000 to $100,000, pursuant to the Zone Application, with consideration given to higher or lower loan amounts as necessary. The loan funds wi71 be used for working capital, equipment financing, inventory, or any other viable business purpose. 2. The primary focus of lending efforts wi71 be businesses located in the Empowerment Zone. Consideration, however, will be given to businesses citywide if those businesses in some way benefit zone residents or zone businesses The program tunetable is as follows: 9-1-99 to 12-1-99: Execute contract with the City Secure California Lender's License (CFL) Establish program policies and procedures Develop marketing plan 12-1-99 to 3-1-00: Market program Process loan requests Fund initial loan requests 3-1-00 to 6-1-00: Review balance of loan applications Fund balance of loans Ongoing: Service loans and provide assistance to borrowers, as necessary. Upon repayment, re-lend funds. 3. Non profit Incorporation: Februaxy 2, 1980 Federal Tax Identification Number: 95-35b0326 Date of Internal Revenue Service designation: June 1981 f . Certification Regarding i-obbying Certification for Contracts Grants Loans and Coo erative A reements + The undersigned certifies, to the best of his or her lazowledge and belief,: that. - (1) No Federal appropriated funds have been behalf of the paced °r trill be paid,' by or on umdersigned, to any person for influencing or attempting to - influence an officer or employee of any agency, a Kember of Congress, an officer or employee of Congress, or an employe of a Hember of Congress in connection with the awarding of any Federal contract the making o f any Fede'ra3_ grant, the .making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal; amendment, or modification of any Federal contract, grant, loan, or cooperative agreement_ (2) if any funds other than Federal appropriated funds - be paid to any person for jnfluenciRg or g~~ to have been paid or will ... employee of any agency, a Kember of Congress, an officer oi~luence an of£i_cer•or •, or an employee of a Kember of- Co employee of Congress , . 8zant• low. or cooperative agre~ents the ~ e~ on a tsh ~s gederal contract . Standard Fong-LI.I, ~ hal3. complete and submit Disclosure Form to .Report I.obb ~ « - instructions _ _ y~g in accordance with its •' - (3) The v¢lders•igned shall require- that the langu.ag r1~+Sc certification be included in the award •d e ~°f ocuments for all subawards at all-_ tiers (including subcontracts, subgrants, and. contracts under agreements) and that all subrecipients shall c 8ran~. loans' and 'cooperative eriaSy and disclose-accordi_ngly_ this certification is a material representation of fact-upon-which zeliance was placed when -this transaction was made or :entered into. certification is a rere Submission of this p qui.site for making. or ente inr_o imposed by-section 1352, -title 3I, U_S. Code. • gn e~ this transaction _ required certification shall be subject to a- c tiil Sep who fads to file the $10-,000 and not more than $100,000 for each such failure. ~ of not less than ~ G Est- d /. Grantee/Contractor Orga~a ion ~ / l~ii C~OG~ •c~ i - ~ Progr Title flame of Certifying Officer / v~d7 lgnature Date EXHIBIT C POLICY ENDORSEMENT # Y s Endorsement is Attached to and made part of Policy # 2AEB540 Insurance Company: ESSEX INSURANCE COMPANY Effedive Date of t~1is Endorsement is 01/10/99 at 12:41 AM. P.4i6 lnsumd's COPY Issued to: SOUTHLAND ECONOMIC Agent: BRAKKE.-SCHAFNITZ INSURANCE In consideration o~' the premium below, it is hereby agreed that the Policy is amended. as respects the fopowtng items: [ ] 1. Rate j j 7. Expiration Date [ ] 2. Premium [ j 8. Name of Insured j j 13. Classification [ j 3. Premium Bases [ j 14. Location j j 4 Coverage { j 9_ Maifng Address [ j 15. Mortgagee [ j 10. Cancellation [ j 16. Audit j j 5. Cover-Note [ j 1 i_ Reinstatement [ j 6. Incep on Date - [ j 17. Forms Added . [XJ 12. Additional Insured. [)() 18. See Balow >T IS AGREED TF~AT COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS -FORMS AND ENDORSEMENT$ - IS AMENpEO TO INCLUDE M/EOQ9(3/95) ADDfT10NAL INSURED IN FAVOR OF: CITY OF SANTA ANA_ SEE FORM ATl'At;HED. All other Terms and Conditions remain the same_ ssue Date: 10/1 °~~~d By_ Com ~ CLEIN 8, COSTA[ E SERVICES Additional Premium°^ 0.00 Other -shown above 500.G0 -~. Broker Fee 0.00 Inspection 0.00 State Tax ~ 5.CC Stamp Fee 1.75 Total 516.75 •- . ,~,~ ~ssEx .r~rsu.R,A.ty-c~ corn~~.~ ADDiT10NAL INSURED ENDORSEMENT ' fnr cvrkvW it sAo..rr » tM Cont~.on O+ctiarcna Nr+o 'ATTACNEO To Ahd foRnaHG "'t °slia`~y rA~ ~f/~div~ af~t~ of big ~'+~s~.:ar~r 11 !M aaM~ ss rA~ ifl~ct7v~ -PART OF POUCT NO. 'EFfECT1NE MTE 'ISSIfEb YO ~r~ of u, OF ENUOaSF~T _ 2AE8540 O1j10/99 - -- - - ~ ~C lai/UF.I,OPME~v'r CORPORATION THIS ENDORSEMt_NT CHANGES THE POLICY. READ iT CAREt=ULtY. i - ~ . SECTION 1! -WHO tS AN INSURED of the Commercial General Liability Form is amended to inclu _ Person or Entity: CITY OF SANTA ANA de COMMUNITY DEVELOPMENT AGFNCX ~ ' M-25 - P.O, BOX 1988 SANTA A)\A, CA 92707-1988 ~~A$ RESPECTS THE ABOVE PPRSON OR ORGANIZATION, TIiIS INSURANCE IS PRTM.4RY." as an additional insured under this policy, but only as respects negligent acts or omissions of the Named Insured and only for occurrences, claims or coverage not otherwise excluded in the polic , It ~ further agreed that where no coverage shall a 1 ~ y defense shall be afforded to the above identified additiv arl insured Named Insured, r)o coverage nor Moreover, it is agreed that no coverage shall be afforded to the above identified additional insured fo any bodily injury, personal injury, or property damage to any employee of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such in-ur 1 Y- Additional Premium: ~i MlE-009 (3/95) -~/ }ass DATE AUTHORIZES REPf~ESENTATIVE APR ~EvxU~ c.;tt~ ~ ~FICA~ . OF L(AB(LITY INSUf~-,NC 10 PA ~o6E~+MrD~ Brakke-Schafnitz Ina . Brokara ~- THIS CERTtt-"JCg7E tS ISSUED AS~~-27 ~-0/26/99 License #04289].5 ONLYANU COM=ERS NO RIGHTS U?ON THE CERTI ~TAEIION 28202 Cabot Road, Suite 500 HOLDER THIS CERi1FiCATE GOES NOT AMEND, E}CTEND OR Laguna Niguel CA 92677-1251 a>_rERTHe GOVERAGEAFFORDED BY THE POLICIES BELOW. Phone:949-365-5100 Fax:94g-3&7-7067 INSURERA: Eae Southland Economic Develop)aent ~~e' co oration wsLIRERC: 200D E 4th Straet Ste a06 Santa Ana CA 92705 ~NSUR>=R O: INSURERS AFFORDING COVERAGE COVERAGES INSUFiERE: THE POLICIES OF INSUFi/WCE LISTED BELOW HAVE BEEN ISSUED TO THE INg(JR1=p NgMEp A13pVE FOR TtE POUCYPERIOD 1NDiG7ED. N07WfTHSTANDwG ANY REqu1REA1ENT, TERM OR CONOITgN OF ANY CONiRAICT OR OYHER DOCUMFaIT M/RH RESPECT TO YrHICN THIS MAY PERTAIN, TH2 INSURANCE AFFORDED BY THE POLICIES DE9CRI8EO HEREIN IS SUBJECT TO ALL THE T£ CERTIFICATE MAV BE ISSUED OR POUCH AGGREGATE UMfi'S SHOWN MAY HAVE BEEN REOVCED BY PND CWMS- ~~ E~US1pNS ANO CONLMIONS OF SUCH '.TR TYPEOFINSURANCE POUCYNUMBEIt DATE DAl'E D LMRS GENERAL UAHILt1Y A 3C GOHntEFGWI GENERAL LIABILITY 2AE B 54 0 Eo.CH °~' s 10 0 0 0 0 0 01/10/99 01/10/00 FIREDArwtGE~Anyonerw~ CLAIMS MADE ~ OCCUR ) 5 5 0 0 0 O GEN'L AGGREGATE LIMIT APPLIES PER -~ POLICY n ~ n L~ AUTOMOBILE LIABILITY ANY AUTO ALL OwN£D AUTOS SCHEDULED AUTOS WRED AUTOS ~ NON-0WNEDAVTOS GAFAGE UA8111TY aNY AUTO access LIAawTY ]'OCCUR ~ CWMS MADE DEOUC778LE RETENTION S WORIC>~3 CONPEMSATION AND EfdPLOYERS' LIABILITY i S E.L EACH AGCIDEN7 y E.L- DISEASE - Eq EMPLOYE S EL _DISEASE - POLICY LIMIT S - - ---..-...••~•....,~~.,~.~rrcn~u.r~+rzcLUSIONSADDEDaYENUORSEMENT/SPEUAI.PROY>S10NS Certificate holder named as additional insured in regards to attached endora emerL t CERTIFIeATEHOLDER y ADpITyONALINSUREO;INSIIRERLETTER: CANCELLATION ~ -` CZTYSAN SHOULD ANY OF T}IE A9pVE DESCRIBED POLICIES BE CANC LLFD BEFORE THE EXP1FcAT101 C1ty Of Santa Ana OAT); THEREOF, TH2ISSUWGINSURERNALL Community Redevelopment Agency '~ MAlL 30 DAYS WRITTeN M-2 5 NOTICE TO TF~C TE HOLDER NAh,tED Tn THE f ~' _ a?.O. BOX 2988 ~P Santa Ana ~p~?~~ AS TO FOR1~ AGGRO 255 (7197} BE AMI UFMAN _ ~ACORD CORPORATION 19EE Chief sistant City Attorney MED E7(P (Any one peron) -- PERSONAL b ADV INJURY S . GENERAL AGGREGATE s'2000000 PRODUCTS-COMP/OPAGG S COMBINED SINGLE LIMIT (EB actldenn S BODILY INJURY (Per person) S BODILY W.IURY (Per anc~deM) S PROPERTY DAMAGE (Pet ¢~clderiq S AUTO ONLY - EA gCClp~ S OTHER THAN EA ACC S AUTO ONLY; AGG $ EACH OCCURRENCE S AGGREGATE S EXHIBIT D SUBRECIPIENT warrants the following: 1 • SUBRECIPIEN"f will comply with public Law 88-352, title VI of the Civil Rights Act of 1964 (42 U.S.C. X2000 ET SEQ.) and implementing regulations in 24 CFR part 1 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whale or in part with community, development funds made available pursuant to the ACT. 3. All laborers and mechanics employed by contractors or subcontractors in flee performance of construction work 5nanced in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction on the locality as detennined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. § §276a-276a-S, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4- SUBRECIPIENT will comply with all Federal statutes appligble to projects funded with community development funds, except that (a) SUBRECIPIENI' does not assume CITY's environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY's responsibility for initiating the review process under Executive Order 12372. DDTTIONAT, TN. tJRF.I) ENDORSEMENT FOR nMMFR -IAL GENERAL LIABILITY POLICY Insurance Company ~S~Se ''~ / Sc~-~ n e e~ Ca This ec,dorscrtq,~•Rt modirc-s such insurance as is ~o~~ by the pro~sioas of Policy # -~ G' ~ ,..1 9 7s" trlatrttg to the following: 1 • The City of Santa Ana, 20 Civic Ceater Ply, Santa Ana, California 92701; its o~~. employees, agent, volunteer and representativc,~ arc narncXl as additional insureds ("additianal ineured,ti") with regard to liability and defense of suits arising from the operations ~md uses pc:rfornned by or on bchal{of the named insured. 2• With rqp~ to ciaimti s~ri5ing out of the o behalf of the Horned instued, sued insu perations and uses performed by or on additional to or contributing with any other nswr~7ncffe cda~rri d by orpofo ~ relit a ~'s not Additional insureds. 3• This insurance applies s~`p3ratcly to each insured a~ai suit is brought except with respect to the com nst whom claim is made or person or organization as an insured shall not a~'ects any righ uahbicl, ,,,~ pcnon or on anizatio would have ati a eldimant if Hat ~ ir~eluded. ~ n 4• With aspect to the additional insureds; this insw•ance slinll not be cancelled, or materially reduced in coverage or limits csxccpt aRcY thirty (30) days written notice has been given to the City oi' Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following„ including eotmtersigeat~ iti required to m:il:e this endorsemera effective.) . Effective ~/v a 3 Policy ~ e y ~s- , his endaTSCmcnt form a,~ a I~ of issued to ~' ~Q„ d ~ - Named ~sared -' C~ltlltGlSlgllEd by Gtthorifed Representative -------^ ~~i?~s errs / ~ r~ c,de,~_. O1t29/2003 K'ED 11:54 [T~/RX NO 6120] X002 s ' /~ arroRNEr aR PARTr ~~-~ ~' WITHOUTA7TORMEY(Name,ai.,;;;,;-yGS6fe@arrwmperand rMrmbetj: ~ Recordirp d by and rehan b: LEE J. PETROS (SBN187864) r. 1851 EAST FIRST STREET, STE. 857 SANTA ANA, CA 92705 ATTOR OAR ~ J~UOC'~AAENT ~ ASSIGNEE OF 4. Q Information on additional judgment creditors is shown on page 2. 5. 0 Original abstract recorded in this county: a. Date: b. Instrument Nd ? ~~ _. su~ee,oR couRr of cAIJFOrsr,~A, ~uNir of ORANGE sTREETAOORESS: 700 CIVIC CENTER DRNE WEST MAaINGAOORESS: P.O. BOX 838 ~ pTM ANO zIP cooE: SANTA ANA, CA 92 702 e+~E: CENTRAL JUSTICE CENTER PLAINTIFF: Southland Economic Development Corporation '~ I DEFEnIDANr: Tracy C. Snyder; Chip-N-Dough, Inc., ABSTRACT OF JUDGMENT--CML AND SMALL CLAIMS 0 Amended 1. The Q judgment creditor Q assignee of record applies for an abstract of judgment and represents the following: a. Judgment debtor's racy Snyder Ninclivddually and dba Chip-N- ~ Dough 55 Camelia Lane ~ Costa Mesa, CA 92627 b. Driver's license No. and state: ~ c. Social security No.: 557-51-4008 Unknown d. Summons or notice of en _ _ _ Unknown mailed to (nacr)e and add~ss) 1943 Et Pomona St s SantaalA.yna CA 92705 v 2. Q Information on additionaljudgment debtors is shown on page 2. 3. Judgment cxeditor (name and address): Southland Economic Development Corporation L 400 N Tustin Ave., #375, Santa Ana, CA 92705 Date: January 10, 2007 LEE J. PETROS (TYPE C42 PRINT NAME) 6. Total amount of judgment as entered or last renewed: ~ $ 141,900.64 7. All judgment creditors and debtors are listed on this abstract ~ 8. a. Judgment entered on (date): December 15, 2006 b. Renewal entered on (date): 9- 0 This judgment is an installment judgment. Form Ado Judiaal Coundl of Calrfomia EJ-001 [Rev. January 1, 2006] ~- Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder IIIINI~INIIINIIIIIIIINIINlII~IIIN~III~IInNIIIIIINNlIIININ 41.Do 2007000138014 02:49pm 03102!07 106 33 A03 6 o.oo o.oo o.c~o 0.00 1s.oo 2o.co o.oo o.oo (SIGNATURE OF An Q execution lien ~ attachment lien is endorsed on the judgment as follows: a. Amount: $ b. In favor of (name and address): 11. A sta of enforcement has ,_ a• ~ not been ordered by the court. b- ~ been ordered by the court effective until (date): 12. a. ®I certify that this is a true and correct abstract of This abstract issued on /date): M~ the judgment entered in this action. JAN 1 7 2007 b~ ~ A certified copy of the judgment is attached. I Clerk, by ABSTRACT OFJUDGMENT--CIVIL AND SMALL CLAIMS CASE NUMBER: 060003786 FOIL COURT USE ONLY ,Deputy ge 1 0( 2 re, §§ 488.480. 674,700.190 ~~ ;-; :; :- ~ r . I ` `^""'mar= ~vumiana economic llevelopment Corporation ~ D~ENDANr: Tracy C. Snyder, Chip-N-Dough, Inc , et al. :'-,,~ cASE ~ 060003786 NAMES.AND ADDRESSES OF ADDITIONAL JUDGMENT CREDITORS:. _ ____ 13. Judgment creditor (name and address : ) 14. Judgment creditor (name and address): 15. ~ Continued on Attachment 15. INFORMATION ON ADDITIONAL JUDGMENT DEBTORS: 16. Name and last known address N-DOUGH, INC., a California Corporaion ~ 1943 E. Pomona St. '~ Santa A.na, CA 92705 `.'~ ~I Drivers license No. 8 state: Q Unknown Social security No.: ~ Unknown Summons was personally served at or mailed to (address): 1943 E. Pomona St. `~ Santa Ana, CA 92705 18• Name and last known address Drivers license No. 8 state: Q Unknown) Soaal security No.: Q Unknown Summons was personally served at or mailed to (address): 20. Name and last known address Drivers license No. & state: Q Unknown) Social security No.: Q Unknown Summons was personally served at or mailed to (address): 22- ~ Continued on Attachment 22. 1 ~• Name and last known address L~ Driver's license No. ~ state: Social security No_: 0 Unknown Summons was ~ Unknown personally served at or mailed to (address): 19. Name and last known address Driver's license No. 8~ state: Q Unknown Socal security No.: Q Unknown Summons was personally served at or mailed to (address): 21. Name and last known address I~ Drivels license No. & state: Q Unknown Social security No.: Summons was personally served at or mailed~to~(address EJ-001 (Rev. January t, 2000] ABSTRACT OFJUDGMENT--CIVIL Page 2 of 2 AND SMALL CLAIMS , ~ . •f ` •• -~ --- ~C~ 1 .fuo_~no ATTORNEY OR VARTY WfrfK)UT ATTORNEY fNMq, stale b~ nrmlber, red eddassJ: FOR COURT rlSf ONLY LEE 3. PETROS, Esq. (SBN i878G4J ' I85 t East First Street, Suite 857 Santa~Ana, California-92705 reLFw+oNE No. (714}542-3110 FAXNa. rov~1: (714}558-8412 F 1 L E E-#AA0. ADOriF.Su /OPGwnq: ATroRNEY FoR water Southland Economic Develo meat Co ., Plaintiff 3uPERlOR CAURT OF c,A1.lFURNIA COUNIY OF ORANGE SUPERIOR COUIZr OF CAUFORN couNnr of ORANGE CENTRAL 3USTtCE CENTER srREETAOORESS: 700 Civic Center Drive West MAILING ADDRESS: P. o.Box 838 OEG 15 2006 crr,r ANO aP c~De: Santa Ana, California 92702-0838 ~H NAME: Central Justice Center ALAN ~ TER C~rlc of the i~l.AINT-FF: Southland Economic Development Corporation BY T GuE o I~ENOANT: Trac C. Sn der Chi N-Dou het. al JUDGMEN"f cASE NuM~ Q By Clerk [~ By Default ~ Aker Court Tria! 060003786 © By Court [_] Or Stipulation [~ Defendant Did Not Appear at Trial 1. ® 8Y DEFAULT JUDGMENT a. Defendant was property served with a copy of the summons and complaint. b. Defendant faded to answer the complaint or appear and defend the action wittun The 6me allowed by law. c. 17etendanCs default was entered by the deck upon plaintiff's application. d. [~ Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of this state fw the recovery of money. e. ©Court Judgment (Code Civ. Proc., § s$s(bjj. The couK conssdered (t) Q plaintiffs testimony and other evidence. (2) ~ p0ai;.tifPs written deGaraGon (Code Civ. Proc., § 588(d)). 2. Q ON STIPULATION a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The curt approved the stipulated judgment and b. C] the signed written stipulation was filed in the case. c. [] the sf~ulation was stated in open court [] the stipulation was stated on the record. 3. ~ AFTER COURT TRIAL. The jury was waived. The court considered the evidence. a. The case was tried on {date and time): before (name of Judicial officer): b. Appearances by: [] Plaintiff (name each): [] Plaintiffs attomey (name each): (1) (~) (2} (2) (~ Continued on Attachment 3b. (_] Defendant (name each): Q Defendant's attomey (name each): I. .r (2) (2) • 0 Continued on Attachment 3b. c. ~] Defendant did Wort appear at trial. Defendant was property served with notice of trfat. d. Q A statement of decision (Code Civ. Proc., § 632) [_] was not [_] was requested. Paq~ r of 2 Fo,,,, Aaav~ for oau«,al use JUDGMENT caa~ d eMl Procea,re. §§ sss, tiifias.e JuQ~cial Gounal d carron,ia JUO-10p (Nev Janrary 1, 2W21 ~1 /V V +~ 1..~ American LeyalNet, Inc. www.USCourlFonns.com 't ;` ~~ f _ ~! ~, , PLAfNT1FF: ~ . ~ ~c•-1, :~ ~ nd Economic Development Corporation cJ~ oEFENt~wT: "Trac C. Sn der Chi -N-Dou h et~ 1 06000378b --- ~ a ---. - - --- -... _ ~ JUOGMENT IS ENTERED AS FOLLOW$13Y: 0 THE COURT [_] THE CLERK - 4. ~ Stipulated Judgment. Judgment is entered acxording to the stipulation of the parties. 5. Parties. Judgment is a. [~] for plaintiff (name each): c. [] for cross-complainant (name each): Southland ficonomic Development Corporation and against defendant (names): and against avss-defendant (name each): "Tracy C. Snyder, individually and dba Chip-N- Dough • ®Continued on Attachment 5a. Continued on Attachment Sc. b• Q for defendant (name each): d. [~ for cross-defendant (name each): 6. Amount. a• ®Defendant named in item 5a above must c. Q Cross-defendant named in item 5c above must pay pay plaintiff on the complaint: cross-complainant on the cross-complaint: (~ } ® Damages $ 99,3 ! 7.65 (2) [0-] Prejudgment $ 37,482.99 interest at the annual rate of ! 0 ~. (3} 0 Attorney fees $ 4 500.00 (4) © Costs $ 600.40 (5) 0 Other (specrfy): $ (6) TOTAL $141,900.64 b• Q Plaintiff to receive nothing from defendant named in item 5b. Defendant named in item 5b to recover costs $ (~ and attorney fees $ ~• ~ Other (sper:ity): Date: ~ L - j 5 ~V 5~ ter, Date: (~) ~ Damages $ (2) Q Prejudgment $ interest at the annual rate of ~, (3) [~ Attorney fees $ (4) ~ Costs $ (5} ~ Othef (SpeClfy): $ (6) TOTAL $ d• Q Cross-complainant to receive nothing from aoss-defendant named in item Sd. Q Cross-defendant named in ftem 5d to recover costs $ ~~ Q and attorney fees $ [] Clerk, by CLERK'S CERTIFICATE (Optional) t certify that this is a true copy o(the original judgment on file in the court. Date: '. B~;~KS _ ~ ~Puh' Clerk, by ,Deputy Page ? of 2 JUDGMENT JU0.100 New Jarwary 1. 2002f F ~ • ~ ~ ~ ' ' t~ .- ~) 1 Fes} it r ~' ~ ~ ~ - ~ _ _ Case Number. 060003786 ~ ATTACHMENT 5a To Judgment i y CNIP-N-DOUGN, Inc., a California Corporation ., - - ~ ..t _:~. . b f ~ t- C ~` ~ _ _ Case Number. 060003786 ~ ATTACHMENT 5a To Judgment CHIP-N-DOUGH, Inc., a California Corporation ~-~~1-03 Tracy Snyder, individually and dba Chip-N-Dough, Incorporated 1943 East Pomona Street Santa Ana, California 92705 255 Camelia Lane Costa Mesa, California 92627 RE: NOTICE OF ASSIGNMENT OF JUDGMENT TAKE NOTICE THAT, as indicated in the attached Acknowledgement of Assignment of Judgment, Southland. Economic Development Corporation has assigned to the City of Santa Ana all monies due or payable under the Judgment ordered on December 15, 2006, recovered by or on behalf of Southland Economic Development Corporation against Tracy Snyder, individually and doing business asChip-N-Dough, Inc. in a proceeding of Southland Economic Development Corporation vs. Tracy C. Snyder; Chip-N-Dough et al., Court File No. 06CC03786, in the Orange County Superior Court, Central District, for [certain sums or the sum of $141,900.64, including interest and costs, and the undersigned hereby gives you notice to pay to the Assignee, the City of Santa Ana, the said sum and all interest now due or interest to become due on the sum assigned after this assignment takes effect, and all monies recoverable under or as a consequence of the Judgment. ~~ Dated: at ~ `~ ~ pm, this ~ day of ~~~, 2009. CITY OF SANTA ANA DAVID N. AM ' City Manager I confirm this assignment. SOUTHLAND ECONOMIC DEVELOPMENT CORP. By: ~..~ / T' le• ~/-~s~ ~~