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Bridges of America Foundation - 1997-04-21
Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder RECORDING REQUESTED BY IlIIlII!lllHillllllll IIIIIIIIIlIIIlIIIIIIIIIIIlIIIIIIIII IIIIIIlIII IlIIIIII NO FEE AND WHEN RECORDED MAIL TO: ) 2006000437503 02:35pm 06/29106 21250M10 6 City of Huntington Beach ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street ) Huntington Beach, CA 92648 ) Attn: City Clerk -copy t T I C+on lei/ N (Space above for recorder) This Agreement is recorded at the request and for the benefit of the City of Ib-tiaom Beacka"is 1 exempt from the payment of fees pursuant to Government Code Section 6103. SUPPLEIVtN'TAL MEMORANDUM REGARDING AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (CDBG PROGRAM) THIS SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (CDBG Program) (the "Supplemental Memorandum") is entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation (" COY"), WA VFM UNIQGES AP . Sri. Lk,, a.. ("Owwner"). RECITALS: A. Owner is fee owner of record of that certain real property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally described in Attachment No. 1 hereto. There are currently twenty (20) 4-plexes with a total of eighty (80) multi -family apartment units located on the Site. B. On or about October 6, 1997, City and Owner's predecessor -in -interest, the Bridges America Foundation, L.P., entered into that certain Agreement containing covenants affecting real property (CDBG Program), with respect to the Site (the "Agreement"), a true and correct copy of which Agreement was recorded on November 12, 1997, as Instrument No. 19970576063 in the Official Records of the Orange County Recorder's Office. C. Pursuant to Section II (B) of the Agreement, as soon as the third (3rd) "Affordable Unit" was rented to a "Lower Income Household" (as those terms are defined in the Agreement) on the Site, City and Owner agreed to cooperate in the recordation of this Supplemental Memorandum memorializing the expiration date of the "Affordability Period" (as that term is defined in the Agreement). D. City and Owner agree that the third (3rd) Affordable Unit on the Site was rented to a Lower Income Household on May 7, 1998. 06agreeNPM Bridges supplemental memorandum NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Owner agree as follows: 1. The Affordability Period referred to in Section II(B) of the Agreement shall expire on May 7, 2028 (the thirtieth (3e) anniversary of the date that the third (3 d) Affordable Unit on the Site was rented to a Lower Income Household). 2. Upon the expiration of the Affordability Period, all of the provisions of the Agreement and this Supplemental Memorandum automatically shall become null and void and shall be of no further force or effect. At such time, City agrees, upon request and at no cost to City, to cooperate with Owner (including any successor or assign of the current owner's right, title, and interest in and to the Site) to record an appropriate document or documents releasing the Site from any covenants and restrictions set forth in the Agreement and this Supplemental Memorandum. The failure to record such a document or documents, however, shall not extend the duration of the Agreement or this Supplemental Memorandum beyond the expiration of the Affordability Period as provided herein. 3. Except as expressly set forth herein, all of the terms of the Agreement shall remain in full force and effect and unmodified by the provisions of this Supplemental Memorandum. IN WITNESS WHEREOF, City and Owner have executed this Supplemental Memorandum on 0(5LIA , 2006. VPM BRIDGES APARTMENTS, L.P., a California limited partnership By: VPM PROPERTIES, L.P., a California limited partnership Its: General Partner By: VPM Management, Inc., a California corporation Its: General �` By: Its: G By: Its: e.-...-f' REVIEWED AND APPROVED:, City AdnKinistrator 06agree/VPM Bridges supplemental memorandum CITY OF HUNTINGTON BEACH, a Califo is municipal corporation Gv�-C Mayor ity Jerk D AS TO FORM: t"Attome !t INITIATED AND APPROVED: Director of Ec omic Developmen I • • ATTACHMENT NO. 1 LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP FILED IN BOOK 25, PAGE 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL OIL, GAS, HYDROCARBONS AND OTHER MINERAL SUBSTANCES LYING 500 FEET BELOW THE SURFACE WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEED FROM ELIZABETH BAILEY BY DEED RECORDED APRIL 2, 1969 IN BOOK 8916, PAGE 5770F OFFICIAL RECORDS A.P. # 142-211-51 06agree/VPM Bridges supplemental memorandum • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On May 8, 2006 before me, Carole J. Norris, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Philip H. McNamee and Scott J. Barker Name(s) of Signer(s) EX personally known to me ❑ proved to me on the basis of satisfactory evidence CAM J, NOR-0 ConrnN0M V 1402370 Naar► atrc . cawonva lot ftkX F@b26 . 2007L__ - -I - - - - - - _� r 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. WITNE S my hand d official seal. Place Notary Seal Above Signat e of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Supplemental Memorandum Regarding Agreement containing Covenants Affecting Real Property (CDBG PROGRAM) Document Date: Number of Pages: 3 Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of ' 4 On rO ��/� before me, —� Date c� N me and Title .e of Officer (e " ne Doe, Notary br ") personally appeared Ue_ `� cuu lG--A�, Name(s) of Signer(s) personally known to me 'eaidenm 18NLL L KWG COMMOon # 14409 r0MVCORM124"0011112.1 Notoy PAW • CaUm�� to be the personA whose nameV01 afe- subscribed to tltfe within instrument and acknowledged to me thakSoheAhey executed the same in is he0theiF authorized capacityUes'j,° and that by i her4tijeir signature ,W on the instrument the person(,a'f or the entity upon behalf of which the personw acted, executed the instrument. WITNESS My handandofficial seal. Signature of Notaryu lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document or Type of Do mend t:a.,,eS J d�Le�ndut.�+��cug Document Date` �� 1�3rio Number of Pages: Von Signer(s) Other Than Named Above_: htd VPln k 5, G, P. "Oln Capacity(ies) Claimed by Signer Signer's Name:ye, CScay" ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General' ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator Y Other: Q Signer Is Representing:_ 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-600-676-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On June 13, 2006 , before me, --------- P. L. Esparza, Notary Public ------- Date Name and Tide of Officer (e.g., 'Jane Doe. Notary Public-) personally appeared Joan Flynn Name(s) of Signer(s) CP. L. ESPARZA CorrurNsfllort # 1599179 Notary Mft - contomio orange County ialMyCorrim, Expires Aug 4, 2004 Place Notary Seal Above %-personally known to me -evidenee to be the persons} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWher/heir authorized capacity(ies), and that by hWher/their signatureM on the instrument the person(-&), or the entity upon behalf of which the person(a) acted, executed the instrument. W / OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Me-m&e qwJ wrr Title or Type of Document: &W - ;79111a.1'04 dw-RA V71 ffnyG (Cd�b r'paG�t.9� Document Date: June 12, 2006 Signer* Other Than Named Above: Capacity(i") Claimed by Signer Number of Pages: 3 Signer's Name: Joan Flynn ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact See Notary Q . rustee Journal ❑ Guardian or Conservator Other: City Clerk Signer Is Representing: City of Huntington Beach, A California Municipal Corporation 01 M NstiorW Notary Anoaason • 9350 D• Solo An.. P.O. floc 2402 • Clubwaec. CA 91313*402 • www.rAgoralriotary.org Prod. No. 5007 Reader. Call To"ree 14 OD4764W CITY OF ATINGTON BEACH REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney Date: Request made by: Telephone: Department: 1/27/05 Joan L. Flynn 5405 City Clerk INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance/Resolution ❑ Opinion ❑ Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)* (Allow 15-20 working days)* ❑ General Legal Assistance ® Document Review (Ongoing) (Allow 2-10 working days)* * All deadlines are based on the date the City Attorne 's Office receives the RLS. This request was revie ed and approved. E D E I V E D JAN 2 7 2005 Sig ture of Depart nt Head pity of Huntington Beach City Attorne ' This is a Supplemental Memorandum Regarding Agreement Containing Covenants Affecting Real Property located at 7611 Nichols Street (CDBG Program) that has never been recorded. The item originally went to Council 10/6/97 with directions to the City Clerk to execute the agreement and restrictive Covenants when signed by Bridges America Foundation and record with the County recorder. The first Agreement Containing Covenants Affecting Real Property was recorded on 11/12/97. The Supplemental Agreement could not be recorded until completion of the units and the last unit rented. The Clerk's office was advised that date to be May 7, 1998 which would make the Affordability Period of the Agreement expiration May 7, 2028 (if it was recorded). The Supplemental Agreement was never signed by JoAnn Ulvan of Bridges of America. Numerous attempts were made by our office to secure her signature so the agreement could be recorded (documentation on file). According to Steve Holtz in Economic Development, the building has been sold, making it impossible to get a signature. Can we file away as incomplete? What documentation needs to be provided to Economic Development? Attached are copies of the RCA, the recorded Agreement Containing Covenants Affecting Real Property & the Supplemental Memorandum Regarding Agreement Containing Covenants Affecting Real Property that was never executed. RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) Attn: City Clerk ) (Space above for recorder) This Agreement is recorded at the request and for the benefit of the City of Huntington Beach and is - exempt from the payment of fees pursuant to Government Code Section 6103. THIS SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAIN- ING COVENANTS AFFECTING REAL PROPERTY (CDBG Pmgram) (the "Supplemental Memorandum") is entered into this day of _ 199 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and THE BRIDGES AMERICA FOUNDATION, L.P., a California limited partnership ("Owner"--): RE-ITALSi: A. Owner is fee owner of record of that certain. real property (the "Site") located in the City -of Huntington Beach, County of Orange, State of California legally described in Attachment No. 1 hereto. There are currently twenty (20) 4-plexes with a total of eighty (80) multi -family apartment units located on the Site. B. On or about ,1997, City and Owner entered into that certain Agreement Containing Covenants Affecting Rea_ 1 Property (CDBG Program) with respect to the Site (the "Agreement"), a true and correct copy of which Agreement was recorded on 1121016271-0MI/2147029.10 WM31197 Page 1 of 5 rr /a , 1997, as Instrument No. 1997os7"ein the Official Records of the Orange County Recorder's Office. C. Pursuant to Section II(B) of the Agreement, as soon as the third (3rd) "Affordable Unit" was rented to a "Lower Income Household" (as those terms are defined in the Agreement) on the Site, City and Owner agreed to cooperate in the recordation of this Supplemental Memorandum memorializing the expiration date of the "Affordability Period" (as that term is defined in the Agreement). D. City and Owner agree that the third (3rd) Affordable Unit on the Site was rented to a Lower Income Household one, 7 , 199 g . NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Owner agree as follows: 1. The Affordability Period referred to in Section II(B) of the Agreement shall expire on -Z , 20_V (the thirtieth (30th) anniversary of the date that the third (3rd) Affo3 at31e Unit on the Site was rented to a Lower Income Household). 2. Upon the expiration of the Affordability Period, _all of the provisions of the Agreement and this Supplemental Memorandum- automatically shall become_ null and void and shall be of no further force or effect. At such time, City agrees, upon request and at no cost to City, to cooperate with Owner (including any successor or assign of the current owner's right, title, and interest in and to the Site) to record an appropriate document or documents releasing the Site from any covenants and restrictions :set forth in the Agreement and this Supplemental Memorandum. The failure to record such a document or documents, however, shall not extend the duration of the .Agreement or this Supplemental Memorandum beyond the expiration of the Affordability Period as provided herein. 3. Except as expressly set forth herein, all of the terms of the Agreement shall remain in full force and effect and unmodified by the provisions of this Supplemental Memorandum. 112/016271-0001/2147029.10 a04/31M [signatures on next page] Page 2 of 5 • • IN WITNESS WHEREOF, City and Owner have executed this Supplemental Memorandum to be effective as of the date first written above. ATTEST: City Clerk CITY OF HUNTINGTON BEACH, a California municipal corporation Mayor APPROVED AS TO FORM: aA- j 1Z I -I -� City AttorneyfZ_- 97 REVIEWED AND APPROVED: INITIATED AND APPROI ity .t. THE BRIDGES AMERICA FOUNDATION, L.P. a California limited partnership By: The Bridges America Foundation, a Delaware corporation Dated: By: I MM6271-OWIMa7M9.lo ao7/3 M Page 3 of 5 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 005 22031869 2242 9970576063 2.14pm 11/12/97 Al2 14 6.00 39.00 0.00 0.00 0.00 0.00 Attn: City Clerk ) (Space above for recorder) rax-Exempt-Government AgerwW CITY OF HUNTINGTON BEACH. .e Brockway, CMG City Clerk By. r� This Agreement is recorded at the request and for the benefit of the City of Huntington Beach and is exempt from the payment of fees pursuant to Government Code Section 6103. r AGREEMENT• :la laG COVENANTS AFFECTING REAL•••� ..• THIS AGRE NT CONTAINING COVENANTS AFFECTING REAL PROPERTY (CDBG Program) (the "Agreement") is entered into this day of I&M&6e -, 19973, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and THE BRIDGES AMERICA FOUNDATION, L.P., a California limited partnership ("Owner"). RECITALS: A. Owner is fee owner of record of that certain real. property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit "A. " There are currently twenty (20) 4-plexes with a total of eighty (80) multi- family apartment units located on the Site. B. City has received funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the federal government's Community Development Block Grant ("CDBG") Program which funds are eligible to be used by City for the purposes of this Agreement. C. In exchange for City's payment of a designated amount of City's CDBG funds, Owner is willing to provide and maintain affordable housing within three (3) of the existing residential dwelling units on the Site (the "Affordable Units"). This document is solely for the 0 official, bu�+ness of the City of llunti .: ton :'aa•�,h, as contem, 1ivm627tr-000irn47a29.10 a07r31197 plated Ga nment Code Sec. 6103 and should be recorders free of charge. NOW, THEREFORE, BASED UPON THE FOREGOING RECITALS AND FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED BY BOTH_ PARTIES, CITY AND OWNER AGREE AS FOLLOWS: I. CITY PAYMENT OF HOME FUNDS TO OWNER Within thirty (30) days after the date this Agreement is approved by the City Council of City at a public meeting, City shall pay to Owner the sum of Seventy -Nine Thousand Dollars ($79,000) in CDBG funds. City's payment obligation hereunder shall. be a special and not a general obligation of City, and the sole source of City's payment obligation shall be funds made available to City pursuant to HUD's CDBG Program. H. AFFORDABLE HOUSING (A) Number of Units. Owner agrees to make available, restrict occupancy to, and lease the three (3) Affordable Units on the Site to "Lower Income Households" at an "Affordable Rent" for the duration of the "Affordability Period" (as those terms are defined herembelow). Nothing in this Agreement shall restrict Owner's right to select which of the eighty (80) rental housing units on the Site shall be the Affordable Units and Owner may at its option change the location of the Affordable Units on the Site from time to time, provided that a minimum of three (3) rental housing units _ shall be restricted as. Affordable Units during the entire Affordability Period._ Owner's obligation to make available, restrict occupancy to, and lease the three (3) Affordable Units provided for in this Agreement shall be in addition_ to, and not in lieu of, Owner's obligation to provide affordable units pursuant to any. other agreement or Declaration of Covenants, Conditions, and Restrictions . to which Owner may be a party. As used in this Agreement, the term "Lower Income Household" shall mean persons and families whose income does not exceed eighty percent (80 %) . of Orange County median income, adjusted for family size, as determined by the - United States Department of Housing and Urban Development, as set forth in Health and Safety Code Section 50079.5. As used in this. Agreement, the term "Affordable Rent" shall have the meaning set forth in Section I(D) hereinbelow. As used in this Agreement, the term "Tenant" shall mean any person who rents or leases any portion of the Site or any person -who is not a •fee or equitable owner of any portion of the Site who uses the Site as his or her principal residence. For purposes of this Agreement, principal residence will be determined in the same manner as principal residence is determined for state residency under California Vehicle Code Section 516. (B) Duration of Affordability Requirements. The Affordable Units shall be subject to the requirements of this Agreement from the date of this Agreement until the date .that is thirty (30) years from the date the third (3rd) Affordable Unit has been rented to a Lower Income Household pursuant to this Agreement. City acknowledges that the residential dwelling units on the Site are occupied as of the date this Agreement and- that .the requirements of this Agreement will be enforced by Owner as units are vacated and become available for rental to 112/016271-OWI/2147029.10 a07l31r97 -2- eligible households in the ordinary course of business. The duration of this requirement shall be known as the "Affordability Period." As soon as the third (3rd) Affordable Unit has been rented to a Lower Income Household pursuant to this Agreement, City and Owner shall cooperate in the recordation of a supplemental Memorandum confirming the expiration date of the Affordability Period. The form of the supplemental Memorandum is attached hereto as Exhibit "B." (C) Income of Tenant. After the lease of any Affordable Unit to a Tenant, Owner shall submit to City a completed income computation and certification form, in such form as is generally used by City in administering its affordable housing program from time to time. Owner shall certify that to the best of its knowledge each Tenant of an Affordable Unit is a Lower Income Household and meets the eligibility requirements established for the particular Affordable Unit occupied by such household. Owner shall obtain an income certification from each Tenant of an Affordable Unit and shall certify that, to the best of Owner's knowledge, the income of the Tenant is truthfully set forth in the income certification form. Owner shall verify the income certification of the Tenant in one or more of -the following methods as specifically requested by City: (1) Obtain two (2) paycheck stubs from the Tenant's two (2) most recent Pay Periods; (2) Obtain a true copy of an income tax return from the Tenant for the most recent tax year in which a return was filed. (3) Obtain an income verification certification from. the .employer of the Tenant. . (4) - Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Tenant receives assistance from such agencies. (5) Obtain an alternate form of income verification reasonably requested by City, if none of the above forms of verification is available to Owner. If, after renting an Affordable Unit to an eligible household, the household's income increases above the income level permitted for that unit, the household shall continue to be permitted toreside in such Affordable Unit. Subsequently, however, when the next residential rental unit on the Site becomes vacant and available for rent, the vacant unit shall become an Affordable Unit subject to the .restrictions of this Agreement (and subject to Owner's retained discretion to change the location .of Affordable Units from time to time, as provided in Section I(A) herein). (D) Determination of Affordable Rent for the Affordable Units. The maximum monthly rental payment ("Affordable Rent") amount for the Affordable Units required to be leased to Lower Income Households shall be established at thirty-five percent (35 %) times seventy-nine percent (79 %) of the monthly area median income for a household of four persons. 112/0162714MI12147029_10 a07/31/97 -3- • The Affordable Rent amount for the Affordable Units shall be adjusted annually by the formula set forth above upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development. OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. is initials (E) Annual Resort. Within sixty (60) days after the end of each calendar year during the Affordability Period, Owner shall submit to City's Director of Community Development a report verifying Owner's compliance with the provisions of Section I(A)-(D) of this Agreement. Owner's final annual report shall be submitted to City within sixty (60) days after the end of the Affordability Period. Each annual report shall identify the number and location of the Affordable Units for the applicable reporting period, the identity of each Tenant occupying an Affordable Unit during any portion of such period, the income and family size of each such Tenant, the Affordable Rent for -each of the Affordable Units, and the actual contract rent actually charged. If City prescribes a particular form to be utilized by Owner in preparing the annual report, Owner shall utilize said form, provided that it complies substantially with the foregoing requirements. III. NON-DISCRIMIIJATION Owner, on behalf of itself and its successors, assigns,- and each successor in interest to the Site or any part " thereof, hereby further covenants and agrees during the Affordability Period: (A) Not .to discriminate upon the basis of sea, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer or rental, or in the use, occupancy, tenure, or enjoyment of any of the Affordable Units on the Site. Each and every lease and contract entered into with respect to any of the Affordable Units on the Site during the Affordability Period shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses. - In leases: 'The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry, in the leasing, renting, subleasing, transferring,. use, occupancy, tenure, or enjoyment uaJoi6771-MI/tw7029.io A97131197 -4-' of the land herein leased, nor shall the lessee itself, or any other person claiming under or through it, establish or permit such practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, rental; sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit -any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." IV. USE RESTRICTIONS During the Affordability Period, Owner shall be required to take all reasonable steps necessary to ensure that each Tenant of an Affordable Unit and all assignees and trans- ferees of such Tenant have knowledge of all terms and conditions of this Agreement by including in each and every lease and rental agreement a clause which incorporates this Agreement by reference and makes this Agreement a part of an attachment to such lease or rental agreement. In addition, during the Affordability Period, .each --lease for any of the Affordable Units on the Site shall contain provisions that the Affordable Unit shall be occupied, used, and maintained as follows: (A) the dwelling unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other -Purposes; (B) the Tenant shall not permit or suffer anything to be done or -kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, or impair the structural integrity thereof or which will obstruct or interfere with the rights of other occupants, or annoy them by reasonable noises or otherwise, nor shall any Tenant commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon; (C) the Tenant shall comply with all of the lawful requirements of all governmental authorities with respect to the premises; (D) there shall be no structural alteration, construction, or removal of any building, fence, or other structure .on the Site (other than repairs or rebuilding permitted herein) without the approval of City's Director of Community Development; (E) no person shall be permitted to occupy the premises for transient or hotel purposes; and (F) the Tenant shall comply in all respects with this Agreement and any failure by the Tenant to comply with the terms of this Agreement shall be a default under the Tenant's lease. 1171016271-0W112147029.10 s1/31/97 -5- V. APPLICABLE LAW (A) If any provision of this Agreement or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforce- able, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (B) This Agreement shall be construed in accordance with the laws of the State of California. VI. MISCELLANEOUS (A) Binding on Successors and Assigns. The covenants and agreements established in this Agreement shall, without regard to technical classification and designation, be binding on Owner and any successor to Owner's right, title, and interest in and to all or any portion of the Site, for the benefit of and in favor of the City of Huntington Beach. All the covenants contained in this Agreement shall remain in effect for the Affordability Period, and shall automatically terminate and be of no further force or effect after such time. Upon expira- tion of the Affordability Period, City agrees to cooperate with Owner, at no cost to City, in removing this Agreement of record from the Site. (B) Subordination to Trust Deeds. Notwithstanding any other provision in this Agreement to the contrary, the covenants and agreements established in this Agreement at all times shall be junior and subordinate to the lien .of any mortgage or deed of trust recorded by or on behalf of a lender to secure a loan for the acquisition or improvement of the Site, including without limitation any deed of trust recorded concurrently herewith. City agrees, at no charge to City, that the City's Director of Community Development is authorized to execute such documents as approved by the City Attorney, that may be reasonably requested by Owner, any successor or assign to Owner's right, title, and interest in and to all or any portion of the Site, or any lender of any such person subordinating City's rights and interest under this Agreement to the lien of any trust deed recorded or to be recorded by a lender securing a loan for the acquisition or improvement of the Site. Owner, Owner's successor or assign, or the benefitted lender shall be responsible for preparing the document(s) for City Attorney approval creating such subordination of City's interest. [signatures on next page] 112/016271-000112147029.10 a07131M —& • • IN WITNESS WHEREOF, City and Owner have executed this Agreement Containing Covenants Affecting Real Property (CDBG Program) to be effective as of the date first written above. ATTEST: City Clerk I 1 • • • • FROM,�,,� Dated: �� b CITY OF HUNTINGTON BEACH, a California municipal corporation f I k7) F V74) � M APPROVED AS TO FORM: Crney 14 INITIATED AND APPROVED: THE BRIDGES AMERICA FOUNDATION, L.P. a California limited partnership By: The Bridges America Foundation, a Delaware corporation 112f0167f1-Ml/214'7029.10 a07131197 —7— -1110iTTACHMENT NO. I LEGAL DESCRIPTION OF THE SITE HAT PORTION OF THE WEST 10 ACRES OF THE SCUM HALF OF THE SOUTH HALF OF THE 0UTHEAST QUARTER OF SECTION 23, TMZZlIP 5 SCUM, RANGE 11 WEST, IN THE RANGD APS, RECORDS OF it COUNTY,IDESCRIBED • • QIET; IMME WEST 640.00 FEET PARALLEL WITH THE ]NORTH LIM OF • ft WEST 10 ACRES • THE F-AOT/ I OF 1 RIGIT-OF-WAY OF 1 `• E• PACIFIC RAnklAY;IR• ORTH 340.00 91 • It EAST LIM 70 UE NUlZrH LINEOF U WEST 10 • •• KCEPTR\'G 71flaZEFRCM THAT PORTION THUMF INCLUDED WITHIN THE WESTERLY 570.00 FEEr T[JE SOUIH 100.00 FEET OF IE NORTH 340.00 E OF I SOUTH BALE'OF I SOUIH OF i SCUUTEAST QUARTER OF It SECTION `• EXCEPTIM ALL OIL, t'DO • :• 1/ alHER.KDERAL SUBSTBUiCESI 1 1 BELcw 7m smyAm wrrruH im RiGw OF smxAcEE►.E• m IN DEED ZCM ELIZABEM BAILEY BY •alit • y•• - • Df IN BOOK 8916, PAGE 577, OFFICIAL - ••' t. )TE: SAID LAND IS ALSO SHOWN AS PARCELS 1 ON A PARCEL MAP RECCRDED IN BOOK 25, ATTACHMENT N0. LAURA A. NELMN COMM # ,, STATE OF CALIFORNIA ) Notary Pubic — SS. My corm LVkw d . 1999 COUNTY OF OVa' Otte-4, ) On _ 4&�&1e� % /99'7 before me, &zIA-A /Y��S�,, lll� ��r onally aooeared Jo RW-Ai L . UG'v✓+^J . proved to me on the basis of satisfactory evidence) to be the personal whose name(oare subscribed to the within instrument and acknowledged to me that they executed the same in /their authorized capacity(ies), and that by hilt signatur*) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. myhandRad Cdnrn sl#"iobbi'a� s ` ,.� Notary Pubic — CCOOMIC orange County My Comm E4*w M 29.19M No Public [SEAL] ATE OF CALIFORNIA ) } ss. �OF ) On LO%, before me, �r►,,a �„A, . )off ..11.E personally appeared personally known to me (or pro to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are quhqcri6bd,,to the within instrument and acknowledged to me that he/she/they executed the same in his/her/th uthorized capacity( es), and -that by his/her/their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. - Notary Public [SEAL] 1121016271-000112147029.10 a07/31/97 -8-.. STATE OF CALIFORNIA ss. COUNTY OF &ta—a - On 5 , I q q -1 , before me, 11 , personally appeared- �Q personally known me to be the person( whose name(, Ware subscribed to the within instrument and acknowledged to me that he/Adthey executed the same in their authorized capacityies , and that by km&Wtheir signatures) on the instrument the person(ss) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. MAYMCE-L HENRY Commission # 1157474 Z i Notary Public - California > z Orange County [ My Comm. Expires Oct 2, 2001 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, personally personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(S) whose name(s) is/are subscribed to 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) on the instrument the person(s) or the entity upon behalf of which the persons) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public uvo16m-000Inia7o29.10 am/31/97 In Council/Agency Meeting Held: 1A.1r, 137 Deferred/Continued to: V p roved ❑ Conditionally Approved ❑ Denied A City Clerk' Signature -o Council Meeting Date: October 6, 1997 Department ID Number: ED 97-41 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administwt6�- PREPARED BY: DAVID C. BIGGS, Director of Economic Development SUBJECT: Accept Three Affordable Housing Units from Bridges America Foundation Inc., for a Term of 30 Years Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Statement of Issue: At the City Council meeting of April 21, 1997, Council approved the 1997/98 Action Plan for the Community Development Block Grant Program. Within that action was approval for a grant to Bridges America Foundation in the amount of $79,079 for the alley renovation of the property located at 7611 Nichols Street. A condition of this approval was the requirement that Bridges America agree to have affordable housing covenants recorded. Funding Source: CDBG Account No. E-HR-ED-817-7-75-00. Recommended Action: Motion to: 1. Accept the agreement containing covenants affecting real property located at 7611 Nichols Street in Huntington Beach to restrict three units for lower income (80% of OC median) families for a period of 30 years. 2. Direct the Mayor and City Clerk to execute this agreement and restrictive Covenants when signed by Bridges America Foundation and notarized, then record with the County recorder. Alternative Action(s): Do not accept the affordable housing agreement. REQUEST FOR COUNCIL ACTIU MEETING DATE: October 6, 1997 DEPARTMENT ID NUMBER: ED 97-41 Analysis: City Council approved the Action Plan for the Community Development Block for the 1997/98 year at the April 21, 1997 meeting. Project #4 of the approved action plan is for the alley renovation of the aforementioned property in the amount of $79,079. Funds will be used to replace asphalt for both circulation alleys at the Bridges America apartments located between Nicholas and Washington Streets to improve the area's blighted appearance and circulation around the building. Bridges America agreed to covenant three units for low-income families for a period of 30 years. Environmental Status: None. Attachment(sl: RCA Author. Dan Bruening, x5901 BRIDGES.DOC -2- 09/22/97 9:50 AM • • HCITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH Date May 3, 2000 To: David Briggs, Economic Development Director From: Connie Brockway, City Clerk Re: Bridges of America Foundation — Agreement Containing Affordable Housing Covenants Affecting Real Property — CDBG Program — 7611 Nichols Street Please advise the Clerk's Office of the status of the Supplemental Memorandum that has not been executed or recorded. Our records show that staff advised the Supplemental Memorandum could not be executed or recorded until completion of the units. Please update the Clerk's Office by May 8, 2000. Cc: Ray Silver, City Administrator GACbmemos\2000cbmemo\13r1dges of America Foundabon.doc-mp ................. (13) j 10/06197 - Councugency Agenda - Page 13 E-17. (EM 600.10) Approve and authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Employment Systems, Inc. to Supply Personnel to the City. Submitted by the Fire Chief !Approved 7-01 E-18. (City Council) Approve The Substitution Of Bonds And Subdivision Agreement For Tract Nos. 14659 & 14978 (Sherwood) From PLC Land Company To Lyon Shores #116. L.P. (HollvSeacliff Development Aoreemerrt Area) - (14 420.60) 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012300, 3SM88988100 (Tract No. 14659), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively; 2. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012100, 3SM88987800 (Tract No. 14978), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively; 3. Accept Lyon Shores #116, L..P. subdivision Agreement and Bond Nos. 3SM90898800 and 3SM90898900 (American Motorists Insurance Company) (Tract No.14659) the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer, and 4. Accept Lyon Shores #116, L.P. Subdivision Agreement and Bond Nos. 3SM90899000 and 3SM90899100 (American Motorists Insurance) (Tract 14978), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer, and, 5. Instruct the City Clerk to notify the previous developer, PLC Land Company of this action. Submitted by the Public Works Director [Approved 7-0] E-19. (City Council) Authorize The Public Works Director To_Sim SouMer n Califo_rnia Edison Letter Of Approval - To Hang Banners On Beach Boulevard From Edinger Ayenyq To Adams Avenue - (SO 600A 0) Authorize the Public Works Director to sign the Southern California Edison letter dated August 25, 1997 regarding the use of Southern California Edison street light poles for decorative banners. Submitted by the Public Works Director [Approved 7-0] _...,.IL 1. Accept the Agreement Containing Covenants Affecfing` PeVef rbperty located at 7611 Nichols Street in Huntington Beach to restrict three units for lower (CDBG) income (80% of Orange County median) families for a period of 30 years. 2. Approve and direct the. Mayor and City Clark to execute this agreement and restrictive Covenants when signed by Bridges America Foundation and notarized, then record with the County Recorder. Submitted by the Economic Development Director (13) , F � Council/Agency Meeting Held: jA 1& 19 ti Deferred/Continued to: WA roved 0 Conditlona ly Approved ❑ Denied City Clerkl6tignature Council Meeting Date: October 6, 1997 -T Department ID Number: ED 97-41 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis - PREPARED BY: DAVID C. BIGGS, Director of Economic Development SUBJECT: Accept Three Affordable Housing Units from Bridges America Foundation Inc., for a Term of 30 Years Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(a), Analysis, Environmental Status, Statement of Issue: At the City Council meeting of April 21, 1997, Council approved the 1997198 Action Plan for the Community Development Block Grant Program. Within that action was approval for a grant to Bridges America Foundation in the amount of $79,079 for the alley renovation of the property located at 7611 Nichols Street. A condition of this approval was the requirement that Bridges America agree to have affordable housing covenants recorded. Funding Source: CDBG Account No. E-HR-ED-817-7-75-00. Recommended Action: Motion to: 1. Accept the agreement containing covenants affecting real property located at 7611 Nichols Street in Huntington Beach to restrict three units for lower income (80% of OC median) families for a period of 30 years. 2. Direct the Mayor and City Clerk to execute this agreement and restrictive Covenants when signed by Bridges America Foundation and notarized, then record with the County recorder. Alte��ctionfs): Do not accept the affordable housing agreement. REQUEST FOR COUNCIL ACTIU14 MEETING DATE: October 6,1997 DEPARTMENT ID NUMBER: ED 97-41 Analysis: City Council approved the Action Plan for the Community Development Block for the 1997/98 year at the April 21, 1997 meeting. Project #4 of the approved action plan is for the alley renovation of the aforementioned property in the amount of $79,079. Funds will be used to replace asphalt for both circulation alleys at the Bridges America apartments located between Nicholas and Washington Streets to improve the area's blighted appearance and circulation around the building. Bridges America agreed to covenant three units for low-income families for a period of 30 years. Environmental Status: None. Attachrneaft: RCA Author. Dan Bruening, x5901 BRIDGES.DOG -2- 09IM7 9:50 AM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Rocorded in the County of orange, California 10 Granville,L. Clark/Recorder No Fee 19970576863 2;14po 11/12/97 005 22031869 22 42 Al2 14 6.00 35.80 8.00 8.0E 0.00 0.08 Attu: City ClerkkL ) T (Space above for recorder) Tax -Exempt -Government Ageney CITY OF HUNTINGTON BEACH le Brockway. CMC City C erk By: ,pity rlark :1 •1_ _�:T TM This Aft is reworded at the request mid for the benefit of the City of Huntington Beach and is exempt from the payment of fees purmant to Government Code Section 6103. PHIS AORE MO NT CONTAINING COVENANTS AFFECTING REAL PROPERTY (CDBGi Prop=) (the "Agreement") -is enWed into this 6& day of ,AE&A ,� 19979 by and between the CITY OF HUN I NGTON Bl'3ACH, a municipal corporation ("may"), and THE BRIDGES AMERICA FOUNDATION, L.P., a CWHmnia limited parWership coroner"). A. Owner is fee -owner of r=Wd of flint =Wn real properly (the "Size") located -in the City of Hun*gton Beach, County of Orange, State of California legally des dI)ed in the. attached-Bahibit "A." There are currently twenty (A 4-0eaes with a total of eighty (80) multi - Way apartment units located on the Site. - B. City bas received funds from the United States Department of Housing and Ufan Development ("HUD"). pursuant to the federal goyernme Ws Community Development Block Grant ("CDBG") Program which fuels are dj&1e to be used by City for the purposes of this Apmetnent• C. In cwhange for City's payment of a meted amount. of City's CDBG funds, . Owner is willing to provide and maintifin affordable housing wW= three (3) of the misting residential dwelling units on the Site (the "Affordable Units"): This document is sole2v for the official,business of the City ----- of fluntin.pton. �,aach, as contem 112Maa71.8Do M47M.10 AMMI 97 plated 11r.410- Government Cods . Sec. 6103 and should be recorded free of charne. NOW, THEREFORE, BASED UPON THE FOREGOING RECITALS AND FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIP'r AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED BY BOTH PARTIES, CITY AND OWNER AGREE AS FOLLOWS: Within thirty (30) days after the date this Agreement is app med by the City Council of City at a public meeting, City shall pay to Owner the sum of Seventy -Nine Thousand Dollars ($79,000) in CDBG funds. City's payment obligation hereunder shall, -be a special and not a general obligation of City, and the sole source of City's payment obligation shall be funds maw available io City pui =nt to HUD's CDBG Program. (A) H+ gmha of Units. Owner agrees to make available„ restrict occupancy to, and lease the throe (3) Affordable Units on the Site to "Lower Income Housewds' at an "Affordable Rent" for the duration of the "Affordability Prod" (as those terms are defined herdabelow). Nothing in this Agreement- small restrict Owner's right to select which of the eighty M rental housing units on the Site shall be the Affordable Units and Owner may at its option change the location of the Affordable Units on, the Sift fram time to time, p+r+ovided 'that a mirumuin of three (3) rental housing units,shallbe restricted as -Affordable Units during the entire Affoidability Pedod. .Owner's obligaition- to maim available,- restrict ocaeupancy to, and lease the three (3) Affordable Units provided for in this Agreement shall be In addition to, and not in lieu of, Owner's obligation to provide affordable units pursuant to any ..odw agreement or Declaration of Covenants, Conditions, and Restrictions, to which Owner may be a party. As used in this Agreement, the term "Lower Inoome Household" shall mean persons and families whose 'income does not exceed eighty percent (80 %) . of (hangs County median -income, adjusted for family .sin, as dem mined by the:United States Department of Housing and Urban Development; as set faith in Health and Safety Code Section 50079.5. As used in -this Agreement, tin lem "Af%rdable •Reent" shall have the meaning set forth in Section-I(D) hereinbelaw. - As used in this Agreement, the term "Tenant" shall mean any person who rents or.leam any portion of the Site or any person :who is not a -fee: or equitable owner of any portion of the Site who uses the Site as his or her principal teddc=. For purposes of this Agreement: principal residence will b. determined in the same: manner _as principal rye is determined for state iesidency under California Vehicle Code -Section 516: -Tire Affordable Units shall be subject to the requirun ents of this Agreement from the date of this Agreement until the date that is thirty (30) years from the date tfie .third (3rd) Affordable Unit has been rented to a -Louver Lwome.Household-puri=nt.to this Agreement. City wbwwledges that the residential dwelling units on the Site are occupied as of die date this Aft and that the requirements of this Agreement will be enforced by Owner as units are va cdW and become available for rental to z eligible households in the ordinary course of business. The duration of this requirement shall be known as the "Affordability Period." Aa, aoa�. f i le UW b9t in ° Household to eA , `C1tY and Omer s' '„ ift ,of a suppler do gqftfidoa data"of `A lLity..ftiod. The form of ft (C) hQM of Tom. - After the lease of any Affordable Unit to a Tenant, Owner shall submit do City a completed income computation and certification form, in such form as is generatly used by City in administeirng its affordable housing program from time to time. Owner shall certify that to the best of its knowledge each Tenant of an Affordable Unit is a Lower Income Housed and rusts the eligibility requirements established for the particular Affordable Unit occupied by such household. Owner shall obtain an income certification from each Tenant of an Affordable Unit and shall oerti4 that, to the best of Owner's knowledge, the income of the Tenant is truthfully ant f a* in the income cert€fmtian form. Owner shall verify .the income certification of the Tenant in one or more of the following methods as specifically requested by City. (1) Obtain two (2) " paycheck stubs from the Tenant's two (2) most recent Pay periods. (2) Obtain a true copy of an income tax return from the Tennant for the most recent tar year in which a return was filed. (3) -Obtain an income vadficatjwn certification from. the employer of the Tenant. (4) Obtain an income verification caffiic ation from the Social Security Administration and/or the C alifima Dgwtmexnt of Social Services if the Tenant receives assistance from such agencies. (5) Obtainanalte a form of incomevedficationreasonably requested by City, if none of the above forms of verification is available to owner. If, after renting an Affordable Unit to an eligible household, -the household's mcome increases above the imconn level permitted for that unit, tiro household shall continue to be permitted to. reside in -such Affordable Unit. Subsequently, however; when rice .next reaidentiak rental unit on -the Site becomes vacant and available for rent, the vacant unit shall become an Affordable Unit subject to the restrictions of this Agreement (and subject .t+o Owner's .retained discretion. to, change die location .o of Affordable Undts fi+om time to time, as provided in Section I(A) herein). (D) l otionof Affordablelootfor VMAfmdft j its• The maximwm monthly rental. payment ("Affordable React") amount dot ft Affordable Units required to be leased to Lower Income HouseWlds .shall be established at thirty --five pit (35 %) tunes seventy-nine percent (79 fib) of the monthly area median income for a household of four persons. 11MM71 000i121rM6.10 ,0701rsr -3- 1 The Affordable Rent amount for the Affordable Units shall be adjusted annually by the formula set forth above upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development. OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE- FSTABLiSHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. 's initials (H) Annual ort. Within sixty'(60) days after the end of each c alendat year during the Affordability ' Period, Owner shall submit to City's Director -of Community Development a report verifying Owner's compliance with the provisions of Section i(A).(D) of this Agreement. Owner's final annual report shall be submitted to City within sixty (60) days after the end of the Affordability -Period. Each annual report shall identify. the number and location of the Affordable Units for the applicable reporti g period, the identity of each Tenant occupying an Affordable Unit during any portion of such perisod, the income, and family size of each such Tenant, the Affordable Rent for -each of the Affordable Units, and the amd contract rent actually charged. If City pmcribes a partfeulaT form to be utilized by Owia in preparing the annual report, Owner shall utilize, said -form, provided that it complies substandaRy with the Owner, on behalf of itself and its sucemsors, assigns, and each suceessar in inter to the Site or any part ' thet+eof, hereby further covenants . and gees during the AffordaWlity Period: (A) Not to discriminate upon the basis of sex, marital status,. race, color,creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer or rental, or in the use, occupancy, tenure, or enjoyment of any of the Affordable Units on'the Site. Each and every lease and contract entered into with respect to any of the Affordable Units on the Site during the Affordability Period shall o mmak or be subject to - substantially, the following nondiscrimination or nonsegregation clauses:. In leases: - "The lessee berean .covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is ma.de'and acceptod upon and subject to the following conditions: - n That thm shall be no,di.imination against or soon of any person or group of persons on account of sea, marital status, race,, eolm, creed, religion, national origin, or ancestry, in the leasing, renting, subleasing, tra L*rring,. use, occupancy, tenure; or enjoyment • of the land herein leased, nor shall the lessee itself, or any other person claiming under or through it, establish or permit such practices of discrimination or segregation with reference to the. selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." . In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of sex? marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, renthl, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, less, subumants, sublessees, or vendees of the land" _IM0 04V 1 During the Affordability Period, Owner shall be required to take all reasonable steps necessary to ensure that each Tenant of an Affordable Unit and all assignees and trans- ferees of such Tenant have knowledge of all terms and conditions of this Agreement by including in each and every lease and rental, agreement a clause which incorporates this Agreement by reference and makers this Agreement a part of an attachment W such lease or rental agreement. In addition, during the -Affordability Period;each..lease for any of the Affordable Units on the Site shall eantarin provisions that the Affordable Unit shall be occupied, used, and maintained as follows: (A) the dwelling unit shall be used only for private dwelling purposes, with appurtenant facilities; and for no other .purposes; (l3) the Tenant shall not permit or'.suffr anything to be done or -kept upon the premises which will. increase the rate of insurance on any building, or. on. the contents- thereof, or impair the structural integrity thereof or which will obstruct or inhere with the nights of other occupants,, or annoy them by reasonable noises or otherwise, nor shall any Tenant commit or permit any nuisance on the premises -or fail to keep the- premises, free of rubbish, clippings, and traslu or commit or suffer any illegal act to be oommi0ed. thereon; (C) the Tenant shall comply with all of the lawful - requires of all govemmental Wftdties with respect to the premises; (D) there shah, be no strvchual. alteration, construction, or removal of any building, fence, or other structure :on the Site (other than repairs or rebuilding permitted hm=) without the approval of City's Director of CommuWI nity .Development; (E) no person shall be permitted to occupy the promises fur transient or hotel purposes; and (F) the Tenant shall'comply in all rem with this Agreenim and any failure by the Tenant to comply with the terms of this Agreement shall be a default under the Tenant's lease. IIV%G714WIM47M9.io xWrJbW - -5- VA1MMWX1 1 (A) If any provision of this Agreement or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforce- able, the remainder of this Agreement, or the application of such provision or portion tbereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the considaidonn for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (B) This Agreement shall be construed in accordance with the laws of the State of California. (A) Big on Suooessers and Assiaas. The covenants and agreements established in this Agreement shall, without regard to wcbnical classification and designation, be binding on Owner and any successor to Owner's right, title, and interest in and -to all or any portion of the Site, for the benefit of and in favor of the City of Huntington Beach. All the covenants ,contained in this Agreement shall remain in effect for the Affordability Period, and shall automadcally terminate and be of no further force -or efferat after such time.. Upon exp4a tion of the Affordability Period, City agrees to cooperate with Owner, at no cost to City, in iemoving this Agreement.of record from the Site. (B) MWJMdW do Trust Deeds: Notwithstanding any other provision in this Ag rea mnt to the contrary, the covenants and agreements established in this Agreement at all tunes shall be junior and subordinate to the lien of any mortgage oar- deed of tti . recorded by or on behalf of a lender to secure a loan for the acaquisition or improvement of the Site, including without limitation any deed of trust recorded omcurrendy herewith. City agrees, at no charge to City, that the City's Director of Community Development is m4horized to eaWcute such documents -as approved by the City Attorney that array bo reasonably requested by Owner, any successor or assign to Owner's right, title, and interest in and to, all or any portion of the Site, or any lender of any such person subordinatittg City's rights and interest under this ApwAi t to the lien of any trust deed recorded or to be recorded by a lender securing a loan far the acquisition or improvemem of the Site. Owner, Owner's successor -or assign, or the benefiitted lender shall be responsible for preparing the documennt(s) for City Attorney approval creating such subordination of City's interest. [ignatutu on neat pap] 11MMI-M12147M.10 .mr3tW -6- IN WTTNFSS WHEREOF, City and Owner have executed this Agreement Containing Covenants Affecting Real Property (CDBG Program) to be effective as of the date first written above. ATTEST: DN'Twel rM N Dated: CITY OF HUNTINGTON BEACH, a California municipal corporation APPROVED AS TO FORM: T(q - � DUMTED AND APPROVED: THE BRIDGES AMBMYCA FOUNDATION, LP., a California limited partnership By: The Bridges Amaica Foundation, a Delaware cation 11MW1-M1214MJ0 .mt31rn -7- . . . . . IMAM l�� LAM& A. com mmm f 106= STATE OF CALIFORNIA ) Nofty am — CWQMM ) ssouve . COUNTY of ora'n �-�-jWWCmmM0WJW23,j99V ) On i P bCV 1a1927 before me, Nd4; +% . Ate , Wally appeared Jo env L . uC u� . ----9-- proved- to me on the basis of satisfactory evidence) to be the pe rsmW whose = m* subscribed to the within instrument and acknowledged to me that they executed the same in 1*w authorized capacity(wO, and that by t s patureo) on the instrument - the person(s) or the entity upon behalf of which the pmwn(n) acted, executed the instrument. Public [SEAL) AcTE OF CALIFORNIA ) ) ss. CO OP ) on ., before Ply personally Iatown to ens. (or to. me an the iiasis - of satisfactory evi&=) to be the persons) whose i m*. re s) islasubscri to the within instrument and acknowledged to me that -he/shelthey executed the sameein his/her/ thorizeci cspacity(im), and that by his/he /dWr signature(s) on the instrument the pason(s) or entity upon behalf of which the person(s) acted, executed the insert. w%s my baud and official seal. ' [S�-1 Notary 112Ma?14=i21±M.10 407131197 . 1 -8-.. STATE OF CALIFORNIA ) ) ss- COUNTY OF 9 ., ) On before me, _ PnY �. pmw�Y known me to be the persoalk whose nam , s Aare subsexibed to the within instrument and acknowledged to me that hhAdthey executed the same in weir authorized capacaty W, and that by M~dvir 4nature(s) on the iinstruunent the person(s) or the -enftY upon- behalf of which the person(ss anted, executed the instrument. Witness my hand and official seal. MAYBMC E-L HENW ComrKb0an # 1157474 ►JotcxyPubfic - Cd to M0 Orange County My Comm. Expires Oct 2, 20Qt STATE OF CALIFORNIA ss. COUNTY OF On bed me, pes NUY personally known to me (or proved to me on the basis of satisf story evidence) to be the p (s) whose names) Ware subscribed to the within instrument and acknowledged to me that hatshe/they executed the same in his %Wfi ear authorized capacity(i,es), and dW- by liMiealthdr signature(s) on the -instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the-ianstmment. Witness my hand and official_ seal. Niotary Public [SEALI 1121Ma71- 1214rXW.io .mr3uW -9- [J j CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 6, 1997 Gary L. Granville, County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find an Agreement Containing Covenants Affecting Real Property (C©BG Program) between the City of Huntington Beach and The Bridges America Foundation, L.P. to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the agreement when recorded and return to this office in the enclosed self-addressed stamped envelope. . 6X44� V�3rvd 110-7 Connie Brockway, CIVIC City Clerk Enclosures g:Ifoliowupldeedltr:Bridges America Foundation G:1fo11owapldeedltr:Bridges Ammica:jc ITdeptwm: 714-638452271 Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved I(Conditionatly Approved 0 Denied City Clerk's SigrLdfure Council Meeting Date: April 21, 1997 Department ID Number: ED 97-17 -3 HAWW ) U #bA CITY OF HUNTINGTON BEACH "goo, _ Iva REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator^ 1rn PREPARED BY: DAVID C, BIGGS, Director of Economic Development SUBJECT: CDBG Public Hearing/Approval of the Action Plan 97198 - c Consolidated Plan and Fair Housing Plan Statement of Issue, Funding Source, Recommended Acton, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of issue: In order to receive the City's annual entitlements of the Community Development Block Grant (CDBG) and HOME Investment Partnership funds from the U.S. Department of Housing and Urban Development (HUD), it is necessary to conduct a public hearing and approve the Action Plan 1997/98 relating to the City's adopted Consolidated Plan. The Fair Housing Plan needs to also be approved and submitted to HUD with the 1997198 Action Plan. Fljn ing Source: Community Development Block Grant (GRANT NO. B97-MC060506), CDBG program income, and HOME Investment Partnership funds (GRANT NO. 97- MC060514) from the U.S. Department of Housing and Urban Development Recommended,Action: Motion to: 1. Approve the 1997198 Action Plan for the Community Development Block Grant and HOME Programs as referenced as Attachment 1, for the amounts of $1,732,000 and $596,000 respectively, and authorize its submission to the U.S. Department of Housing & Urban Development and authorize the City Administrator to execute the required Certifications. �Z r RIEQUEST FOR COUNCIL ACTION MEETING DATE: April 21, 1997 DEPARTMENT ID NUMBER: ED 9747 2. Approve the Fair Housing Plan as included in the Action Plan as Appendix D and authorize its submittal to the Department of Housing and Urban Development. Alternative A tlon(a): 1. City Council may modify activities or funding levels of any activity resulting in modifications to the Action Plan. Analysis: Beginning in 1995, the U.S. Department of Housing and Urban Development (HUD) consolidated the submission process and other planning documents for its entitlement programs. The Consolidated Plan (CP) 1995-2000 was adopted by City Council on May 1, 1995. The CP embodies the five year strategy for the expenditure of the Community Development Block Grant (CDBG) and HOME funds. The City has participated in the CDBG program for twenty-two years and participated in the HOME program for the past five years. The 1997198 Action Plan (AP) (Attachment 1) will be the third action plan relating to the City's Consolidated Plan. The AP must relate to the needs identified in the CP. The AP describes the one year use of federal funds, FY 1997-98 (July 1, 1997 to June 30, 1998). The Action Plan describes: the resources available for program implementation, the activities to be undertaken, how the City monitors the program, how the City addresses homelessness, discusses an anti -poverty strategy and how the City coordinates between agencies. Unlike the previous year when the federal budget was uncertain for a significant amount of time, the City was notified in December 1996 that it would receive $1,732,000 in CDBG and $596,000 in HOME allocations for the 1997/98 grant year. This early notification was instrumental in managing the application and deliberation process more effectively. The approved Citizen Participation Plan was followed; whereby, two public hearings were held by the Citizen Participation Advisory Board (CPAB). Fifty-four applications were received by the advertised deadline. Altogether as part of the deliberation process, the CPAB met eight times from November 1996 to March 1997. The vast majority of the applicants gave presentations to the CPAB. CPAB members also conducted site visits totaling approximately 50 (averaging 3.5 hours/member) additional hours of volunteer service to the City. Prior to the second CPAB public hearing, the board was provided with staffs recommendations so that they could be considered as part of its deliberations. The Community Development Block Grant (CDBG) Summary Report (Attachment 2) is a brief listing of the CDBG projects included in the Action Plan as recommended by staff and the CPAB. This report consists of two pages, the first showing the revenue and certain housing and public improvement projects, and the second page showing the public service projects recommended and those not recommended at this time. ED9717.DOC -2- 04/09/97 8:43 AM IS R .QUEST FOR COUNCIL ACTIL MEETING DATE: April 21, 1997 DEPARTMENT ID NUMBER: ED 97-17 A staff report, Attachment 3, provides additional background information regarding budgeting issues, the public services cap, the administrative cap, and the certifications required as part of the Action Plan. During the year, the Economic Development and Community Development Departments jointly worked on completing the Analysis of the Impediments to Fair Housing Choice as required by HUD. After the public hearing on March 6, 1997, the CPAB approved recommending the Fair Housing Plan. The resulting Fair Housing Plan is included in the 1997/98 Action Plan as Appendix D. As required by the HUD regulations, this public hearing and the 30 day public comment period was advertised in a local newspaper of general circulation, The Independent, on March 20 and April 10,1997. A copy of the Action Plan was also available for public review at the Central Library and in the Department of Economic Development. The development of both the Action Plan and the Fair Housing Plan encouraged citizen participation. Environ ee Status: Not Applicable rJ t FRO11 1. Action Plan 1997/98, Consolidated Plan, including the Fair Housing Plan in Appendix D 2 Community Development Block Grant (CDBG) Summary Report 3. Memo to David C. Biggs from Carol Runzel, April 8, 1997. DCB:CR:re ED9717.00C -3- 04/09/97 8:46 AM RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) Attn: City Clerk ) (Space above for recorder) This Agreement is recorded at the request and for the benefit of the City of Huntington Beach and is exempt from the payment of fees pursuant to Government Code Section 6103. SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (CDBG PROGRAM THIS SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAIN- ING COVENANTS AFFECTING REAL PROPERTY (CDBG Program) (the "Supplemental Memorandum") is entered into this _ I day of _ 199_, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and THE BRIDGES AMERICA FOUNDATION, L.P., a California limited partnership ("Owner"). RECITALS: A. Owner is fee owner of record of that certain real property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally described in Attachment No. 1 hereto. There are currently twenty (20) 4-plexes with a total of eighty (80) multi -family apartment units located on the Site. B. On or about �(a ,1997, City and Owner entered into that certain Agreement Containing Covenants Affecting Real Property (CDBG Program) with respect to the Site (the "Agreement"), a true and correct copy of which Agreement was recorded on iivoi6271-OWl/2ia7ox9.io &W/31/97 Page 1 of 5 /a , 1997, as Instrument No. ,17 t cos 76o6jin the Official Records of the Orange County Recorder's Office. C. Pursuant to Section II(B) of the Agreement, as soon as the third (3rd) "Affordable Unit" was rented to a "Lower Income Household" (as those terms are defined in the Agreement) on the Site, City and Owner agreed to cooperate in the recordation of this Supplemental Memorandum memorializing the expiration date of the "Affordability Period" (as that term is defined in the Agreement). D. City and Owner agree that the third (3rd) Affordable Unit on the Site was rented to a Lower Income Household one, , 199 S . NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Owner agree as follows: 1. The Affordability Period referred to in Section H(B) of the Agreement shall expire on , 20.1 (the thirtieth (30th) anniversary of the date that the third (3rd) Affords a Unit on the Site was rented to a Lower Income Household). 2. 1 Upon the expiration of the Affordability Period, all of the provisions of the Agreement and this Supplemental Memorandumautomatically shall become null and void and shall be of no further force or effect. At such time, City agrees, upon request and at no cost to City, to cooperate with Owner (including any successor or assign of the current owner's right, title, and interest in and to the Site) to record an appropriate document or documents releasing the Site from any covenants and restrictions set forth in the Agreement and this Supplemental Memorandum. The failure to record such a document or documents, however, shall not extend the duration of the Agreement or this Supplemental Memorandum beyond the expiration of the Affordability Period as provided herein. 3. Except as expressly set forth herein, all of the terms of the Agreement shall remain in full force and effect and unmodified by the provisions of this Supplemental Memorandum. [signatures on next page] iiuo16271-MI/2ia7M9.io &W/31197 Page 2 of 5 P-'� • IN WITNESS WHEREOF, City and Owner have executed this Supplemental Memorandum to be effective as of the date first written above. ATTEST: City Clerk CITY OF HUNTINGTON BEACH, a California municipal corporation . Mayor APPROVED AS TO FORM: City Attorney f, ,,/ 7 REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Administrator Dated: THE BRIDGES AMERICA FOUNDATION, L.P. a California limited partnership By: The Bridges America Foundation, a Delaware corporation .. By: 112/016271-0001/2147029.10 a07/31/97 Page 3 of 5 s �!!'''/ ` 7 /D Council/Agency Meeting Held: iA liOO. Deferred/Continued to: Vp roved ❑ Conditionally Approved ❑ Denied A4 City Clerk' Signature -o OF Council Meeting Date: October 6, 1997 Department ID Number: ED 97-41 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administca# PREPARED BY: DAVID C. BIGGS, Director of Economic Development 01 SUBJECT: Accept Three Affordable Housing Units from Bridges America Foundation Inc., for a Term of 30 Years Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: At the City Council meeting of April 21, 1997, Council approved the 1997/98 Action Plan for the Community Development Block Grant Program. Within that action was approval for a grant to Bridges America Foundation in the amount of $79,079 for the alley renovation of the property located at 7611 Nichols Street. A condition of this approval was the requirement that Bridges America agree to have affordable housing covenants recorded. Funding Source: CDBG Account No. E-HR-ED-817-7-75-00. Recommended Action: Motion to: 1. Accept the agreement containing covenants affecting real property located at 7611 Nichols Street in Huntington Beach to restrict three units for lower income (80% of OC median) families for a period of 30 years. 2. Direct the Mayor and City Clerk to execute this agreement and restrictive Covenants when signed by Bridges America Foundation and notarized, then record with the County recorder. Alternative Action(s): Do not accept the affordable housing agreement. RRQUEST FOR COUNCIL ACTIA MEETING DATE: October 6, 1997 DEPARTMENT ID NUMBER: ED 97-41 Analysis: City Council approved the Action Plan for the Community Development Block for the 1997/98 year at the April 21, 1997 meeting. Project #4 of the approved action plan is for the alley renovation of the aforementioned property in the amount of $79,079. Funds will be used to replace asphalt for both circulation alleys at the Bridges America apartments located between Nicholas and Washington Streets to improve the area's blighted appearance and circulation around the building. Bridges America agreed to covenant three units for low-income families for a period of 30 years. Environmental Status: None. AttachmenW: RCA Author: Dan Bruening, x5901 BRIDGES.DOC -2- 09/22/97 9:50 AM y (13) 10/06/97 - Counc gency Agenda - Page 13 E-17. (City Council) Approve Contract With Emplovment Systems Incorporated For Employment Systems Incorporated For Ambulance Operator/Fire Intern - (EM 600.10) Approve and authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Employment Systems, Inc. to Supply Personnel to the City. Submitted by the Fire Chief [Approved 7-01 E-18. (City Council) Approve The Substitution Of Bonds And Subdivision Agreement For Tract Nos. 14659 & 14978 (Sherwood) From PLC Land Company To Lyon Shores #116, L.P. (Holly-Seacliff Development Agreement Area) - (14 420.60) 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012300, 3SM88988100 (Tract No. 14659), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively; 2. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012100, 3SM88987800 (Tract No. 14978), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively; 3. Accept Lyon Shores #116, L..P. subdivision Agreement and Bond Nos. 3SM90898800 and 3SM90898900 (American Motorists Insurance Company) (Tract No. 14659) the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; and 4. Accept Lyon Shores #116, L.P. Subdivision Agreement and Bond Nos. 3SM90899000 and 3SM90899100 (American Motorists Insurance) (Tract 14978), the securities furnished for Faithful Performance, Labor & Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; and, 5. Instruct the City Clerk to notify the previous developer, PLC Land Company of this action. Submitted by the Public Works Director [Approved 7-0] E-19. (City Council) Authorize The Public Works Director To Sign Southern California Edison Letter Of Approval - To Hang Banners On Beach Boulevard From Edinger Avenue To Adams Avenue - (SO 600.10) Authorize the Public Works Director to sign the Southern California Edison letter dated August 25, 1997 regarding the use of Southern California Edison street light poles for decorative banners. Submitted by the Public Works Director [Approved 7-0] „City Council) Accept Three Affordable Housing Units From Fay pz Vic., For A Term Of 30 Years -Agreement Containing Covenants Affecting Real Property CDBG Pro ram - , (BR 600.10) 1. Accept the Agreement Containing Covenants A eding Real Property located at 7611 Nichols Street in Huntington Beach to restrict three units for lower (CDBG) income (80% of Orange County median) families for a period of 30 years. 2. Approve and direct the Mayor and City Clerk to execute this agreement and restrictive Covenants when signed by Bridges America Foundation and notarized, then record with the County Recorder. Submitted by the Economic Development Director [Approved 7-0] (13) k � . 2 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Recorded in the County of Orange, California Gary L. Granville IIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII clerk/Recorder No Fee III��I 005 22031869 229970576063 2:14pm 11/12/97 42 Al2 14 6.00 39.00 0.00 0.00 0.00 0.00 Attn: City Clerk ) 1e, (Space above for recorder) Tax -Exempt -Government Ageney, CITY OF HUNTINGTON BEACH �`e Brockway, CMC Ci#y Clerk By: _ This Agreement is recorded at the request and for the benefit of the City of Huntington Beach and is exempt from the payment of fees pursuant to Government Code Section 6103. AQREMOM CONTAIMUG COVENANTS AFFECTING REAL PROPERTY D. PROGRAM THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (CDBG Program) (the "Agreement") is entered into this lolt day of 19t�.T,aBw� , 19979 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and THE BRIDGES AMERICA FOUNDATION, L.P., a California limited partnership ("Owner"). A. Owner is fee owner of record of that certain real property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit "A." There are currently twenty (20) 4-plexes with a total of eighty (80) multi- family apartment units located on the Site. B. City has received funds from the United States Department of Housing and Urban Development ("HUD") pursuant to the federal government's Community Development Block Grant ("CDBG") Program which funds are eligible to be used by City for the purposes of this Agreement. C. In exchange for City's payment of a designated amount of City's CDBG funds, Owner is willing to provide and maintain affordable housing within three (3) of the existing residential dwelling units on the Site (the "Affordable Units"). t This document is solely for the official, btis�'_ness of the City ----- - - of llunt4n ;ton mach, as contem- 112/016271-0001/2147024.10 aO7/31/97 glatea u_:c Or Gam` ;E;rnment Code Sec. 6103 and should be recorded free of charrre. NOW, THEREFORE, BASED UPON THE FOREGOING RECITALS AND FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED BY BOTH PARTIES, CITY AND OWNER AGREE AS FOLLOWS: I. CITY PAYMENT OF HOME FUNDS TO OWNER Within thirty (30) days after the date this Agreement is approved by the City Council of City at a public meeting, City shall pay to Owner the sum of Seventy -Nine Thousand Dollars ($79,000) in CDBG funds. City's payment obligation hereunder shall be a special and not a general obligation of City, and the sole source of City's payment obligation shall be funds made available to City pursuant to HUD's CDBG Program. (A) Number of Units. Owner agrees to make available, restrict occupancy to, and lease the three (3) Affordable Units on the Site to "Lower Income Households" at an "Affordable Rent" for the duration of the "Affordability Period" (as those terms are defined hereinbelow). Nothing in this Agreement shall restrict Owner's right to select which of the eighty (80) rental housing units on the Site shall be the Affordable Units and Owner may at its option change the location of the Affordable Units on the Site from time to time, provided that a minimum of three (3) rental housing units shall be restricted as Affordable Units during the entire Affordability Period. Owner's obligation to make available, restrict occupancy to, and lease the three (3) Affordable Units provided for in this Agreement shall be in addition to, and not in lieu of, Owner's obligation to provide affordable units pursuant to any other agreement or Declaration of Covenants, Conditions, and Restrictions to which Owner may be a party. As used in this Agreement, the term "Lower Income Household" shall mean persons and families whose income does not exceed eighty percent (80%) of Orange County median income, adjusted for family size, as determined by the United States Department of Housing and Urban Development, as set forth in Health and Safety Code Section 50079.5. As used in this Agreement, the term "Affordable Rent" shall have the meaning set forth in Section I(D) hereinbelow. As used in this Agreement, the term "Tenant" shall mean any person who rents or . leases any portion of the Site or any person who is not a fee or equitable owner of any portion of the Site who uses the Site as his or her principal residence. For purposes of this Agreement, principal residence will be determined in the same manner as principal residence is determined for state residency under California Vehicle Code Section 516. (B) Duration of Affordability Rgquirements. The Affordable Units shall be subject to the requirements of this Agreement from the date of this Agreement until the date that is thirty (30) years from the date the third (3rd) Affordable Unit has been rented to a Lower Income Household pursuant. to this Agreement. City acknowledges that the residential dwelling units on the Site are occupied as of the date this Agreement and that the requirements of this Agreement will be enforced by Owner as units are vacated and become available for rental to 112/016271-0001/2147029.10 a0N31/97 -2- eligible households in the ordinary course of business. The duration of this requirement shall be known as the "Affordability Period." As soon as the third (3rd) Affordable Unit has been rented to a Lower Income Household pursuant to this Agreement, City and Owner shall cooperate in the recordation of a supplemental Memorandum confirming the expiration date of the Affordability Period. The form of the supplemental Memorandum is attached hereto as Exhibit "B." (C) Income of Tenant. After the lease of any Affordable Unit to a Tenant, Owner shall submit to City a completed income computation and certification form, in such form as is generally used by City in administering its affordable housing program from time to time. Owner shall certify that to the best of its knowledge each Tenant of an Affordable Unit is a Lower Income Household and meets the eligibility requirements established for the particular Affordable Unit occupied by such household. Owner shall obtain an income certification from each Tenant of an Affordable Unit and shall certify that, to the best of Owner's knowledge, the income of the Tenant is truthfully set forth in the income certification form. Owner shall verify the income certification of the Tenant in one or more of the following methods as specifically requested by City: (1) Obtain two (2) paycheck stubs from the Tenant's two (2) most recent pay periods. (2) Obtain a true copy of an income tax return from the Tenant for the most recent tax year in which a return was filed. (3) Obtain an income verification certification from the employer of the Tenant. (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Tenant receives assistance from such agencies. (5) Obtain an alternate form of income verification reasonably requested by City, if none of the above forms of verification is available to Owner. If, after renting an Affordable Unit to an eligible household, the household's income increases above the income level permitted for that unit, the household shall continue to be permitted to reside in such Affordable Unit. Subsequently, however, when the next residential rental unit on the Site becomes vacant and available .for rent, the vacant unit shall become an Affordable Unit subject to the restrictions of this Agreement (and subject to Owner's retained discretion to change the location of Affordable Units from time to time, as provided in Section I(A) herein). (D) Determination of Affordable Rent for the Affordable Units. The maximum monthly rental payment ("Affordable Rent") amount for the Affordable Units required to be leased to Lower Income Households shall be established at thirty-five percent (35 %) times seventy-nine percent (79 %) of the monthly area median income for a household of four persons. 1121016271-0W 2147029.10 a07131197 -3- The Affordable Rent amount for the Affordable Units shall be adjusted annually by the formula set forth above upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development. OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. Q,Vner's initials (E) Annual Report. Within sixty (60) days after the end of each calendar year during the Affordability Period, Owner shall submit to City's Director of Community Development a report verifying Owner's compliance with the provisions of Section I(A)-(D) of this Agreement. Owner's final annual report shall be submitted to City within sixty (60) days after the end of the Affordability Period. Each annual report shall identify the number and location of the Affordable Units for the applicable reporting period, the identity of each Tenant occupying an Affordable Unit during any portion of such period, the income and family size of each such Tenant, the Affordable Rent for each of the Affordable Units, and the actual contract rent actually charged. If City prescribes a particular form to be utilized by Owner in preparing the annual report, Owner shall utilize said form, provided that it complies substantially with the foregoing requirements. n= LN to)% omg • Owner, on behalf of itself and its successors, assigns, and each successor in interest to the Site or any part ' thereof, hereby further covenants and agrees during the Affordability Period: (A) Not to discriminate upon the basis of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer or rental, or in the use, occupancy, tenure, or enjoyment of any of the Affordable Units on the Site. Each and every lease and contract entered into with respect to any of the Affordable Units on the Site during the Affordability Period shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry, in the leasing, renting, subleasing, transferring,. use, occupancy, tenure, or enjoyment iivoi677i-OWI/21a7oz9.io .07r31/9 -4 0 1 0 of the land herein leased, nor shall the lessee itself, or any other person claiming under or through it, establish or permit such practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit .any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land," IV. USE RESTRICTIONS During the Affordability Period, Owner shall be required to take all reasonable steps necessary to ensure that each Tenant of an Affordable Unit and all assignees and trans- ferees of such Tenant have knowledge of all terms and conditions of this Agreement by including in each and every lease and rental agreement a clause which incorporates this Agreement by reference and makes this Agreement a part of an attachment to such lease or rental agreement. In addition, during the Affordability Period, each -lease for any of the Affordable Units on the Site shall contain provisions that the Affordable Unit shall be occupied, used, and maintained as follows: (A) the dwelling unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other purposes; (B) the Tenant shall not permit or suffer anything to be done or -kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, or impair the structural integrity thereof or which will obstruct or interfere with the rights of other occupants, or annoy them by reasonable noises or otherwise, nor shall any Tenant commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon; (C) the Tenant shall comply with all of the lawful requirements of all governmental authorities with respect to the premises; (D) there shall be no structural alteration, construction, or removal of any building, fence, or other structure .on the Site (other than repairs or rebuilding permitted herein) without the approval of City's Director of Community Development; (E) no person shall be permitted to occupy the premises for transient or hotel Purposes; and (F) the Tenant shall comply in all respects with this Agreement and any failure by the Tenant to comply with the terms of this Agreement shall be a default under the Tenant's lease. iivoiszn-Ml/2147oz9.to .mr31r97 -5- V. APPLICABLE LAW (A) If any provision of this Agreement or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforce- able, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (B) This Agreement shall be construed in accordance with the laws of the State of California. VI. MISCELLANEOUS (A) Binding on Successors and Assigns. The covenants and agreements established in this Agreement shall, without regard to technical classification and designation, be binding on Owner and any successor to Owner's right, title, and interest in and to all or any portion of the Site, for the benefit of and in favor of the City of Huntington Beach. All the covenants contained in this Agreement shall remain in effect for the Affordability Period, and shall automatically terminate and be of no further force or effect after such time. Upon expira- tion of the Affordability Period, City agrees to cooperate with Owner, at no cost to City, in 'removing this Agreement of record from the Site. (B) Subordination to Trust Deeds. Notwithstanding any other provision in this Agreement to the contrary, the covenants and agreements established in this Agreement at all times shall be junior and subordinate to the lien of any mortgage or deed of trust recorded by or on behalf of a lender to secure a loan for the acquisition or improvement of the Site, including without limitation any deed of trust recorded concurrently herewith. City agrees, at no charge to City, that the City's Director of Community Development is authorized to execute such documents as approved by the City Attorney that may be reasonably requested by Owner, any successor or assign to Owner's right, title, and interest in and to all or any portion of the Site, or any lender of any such person subordinating City's rights and interest under this Agreement to the lien of any trust deed recorded or to be recorded by a lender securing a loan for the acquisition or improvement of the Site. Owner, Owner's successor or assign, or the benefitted lender shall be responsible for preparing the document(s) for City Attorney approval creating such subordination of City's interest. [signatures on next page] 112/016271.0001n147029.10 a04/31/97 -6- • • IN WITNESS WHEREOF, City and Owner have executed this Agreement Containing Covenants Affecting Real Property (CDBG Program) to be effective as of the date first written above. ATTEST: City Clerk Dated: CITY OF HUNTINGTON BEACH, a California municipal corporation APPROVED AS TO FORM: C� t! 0- rney_�� d` INITIATED AND APPROVED: THE BRIDGES AMERICA FOUNDATION, L.P. a California limited partnership UM The Bridges America Foundation, a Delaware corporation By:t A// t "'o � 112/016271-0001/2147029.10 a07/31/97 —7— ` ATTACHMENT NO. 1 LEGAL ESCRMION OF THE SITE MAT PORTION OF THE E 1 ACRES OF I "•(JIH HALF OF 1 SOUTH HALFOF 1 LA BOLSA CHICA, AS `! • I ON r• • RECORDED IN BOOK 51, - • N 13, OF 1 •IE1MMUS MAPS, •• • s. OF • s1 MEM, DESCRIBED • • BEGINNING AT M1 NORITMASr COMIZER OF 11 WEST 10 • C•E.; 7MENCE SCUM 340.00 FEET; THENCE 640.00 EI PARALLEL WITH THi • I 1 OF 1/ WEST 10 ACRES TO THE Epsr T I1 t OF I r. • n OF t SOL]THERN PACIFIC RAIINAY;THENCE NORTH 340. 00 FEM ALONG SAID EAST I - TO THE NOR!M LINE OF SAID TV= 10 ACRES; THENCE EAS.•/ 00 FEET TO THE POW OF 1 I I EXCEPTING 1 171' 9i R• = PORTION 1E mINCUIDED WI= UM WESTERLY 570.00 FEgr OF 1 SOUTH 100.00 OF E NORTH 340.00 FEET OF E scium HALFOF 1 soum HALF OF 1 SOUMEASr QUARTM OF 9 • V EXC!EPTINGG ALL OIL, 1' iC • O I• OMER MEMM MMANCES LYING1 FEET BELOW 7HE SURFACE W17HCW ME RIGHT OF SURFACE ENTRY, AS RESERVED IN DEED FROM ELIZABETH BAILEY BY DEED RECORDED I BOOK 8916, PAGEOFFICIAL REaPM. NOTE:/ LAND IS ALSO `} • I AS PARCELS 1 ON PARCEL MAP•• .•E• IN BOOK 25, PAGE 22, OF PARCEL M. • • 8•• - D. OF // • • • "C •• ATTACHMENT NO. 1 (AURA A NELSON Commission # 1066263 STATE OF CALIFORNIA ) Notary AAft _ Caoomo ss. My Can �e County .. COUNTY OF Ora'e� ) Bom Jul23,1999 On (� fir?, 2 before me, ��Z- A/�5►, /1/�Uf (��rsonally avneared Jd A-fvv UG VY+�- i proved to me on the basis of satisfactory evidence) to be the personW whose name(* lOare subscribed to the within instrument and acknowledged to me that - they executed the same in his e /their authorized capacity(jo, and that by hiqoo V signature(%) on the instrument the person(s) or the entity upon behalf of which the person) acted, executed the instrument. VV' my hattdRM&Commission M,�l s S ..� Notary Pubic — COKOmlO z Orange County my Comm Evkw Jul 23.19M [SEAL] ATE OF CALIFORNIA ) ss. OF ) gPubli�c On >'2oue ►„ before appeared Q personally known to me (or pro to me person(s) whose name(s) is/are subscri to he/she/they executed the same in his/her/the signature(s) on the instrument the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] me, personally on the basis of satisfactory evidence) to be the the within instrument and acknowledged to me that uthorized capacity(ies), and that by his/her/their or Owentity upon behalf of which the person(s) Notary Public 112/016271-0001/2147029.10 &M/31/97 -8-- • • STATE OF CALIFORNIA ) ) ss. COUNTY OF 6u,—jA-- ) On 4 -7 , before me, personally appeared CQ personally known VO me dr. of satish tog to be the person(k whose name(, Ware subscribed to the within instrument and acinowledged to me that he/sWthey executed the same in 4ts/fierftheir authorized capacityies , and that by KiAff/their signature(s) on the instrument the persono or the entity upon, behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. MAYBRICE L HE►�fRY Commission # 11s7474 Notary PuDiiC - California ; Orange County [ My Comm. Expires Oct 2, 2001 STATE OF CALIFORNIA tity Notaryblic ss. COUNTY OF ) On , before me, personally personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to 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. Witness my hand and official seal. [SEAL] Notary Public 112/016271-MI/2147029.10 a07/31/97 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 6, 1997 Gary L. Granville, County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 Enclosed please find an Agreement Containing Covenants Affecting Real Property (CDBG Program) between the City of Huntington Beach and The Bridges America Foundation, L.P. to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the agreement when recorded and return to this office in the enclosed self-addressed stamped envelope. 6x4tlt" ��Oqe'�a7 Connie Brockway, CMC City Clerk Enclosures g:\followup\deedltr:Bridges America Foundation G:\fb11owup\deed1tr:Bridges America:jc 1 Telephone: 714-536-5227 ) L, 0 /- 02CA' J-- Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved (Conditionally Approved ❑ Denied City Clerk's SigruAl ire Council Meeting Date: April 21, 1997 Department ID Number: ED 97-17 3 CITY OF HUNTINGTON BEACH .�JkWk, _ N0 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator t z"�' tc, rPREPARED BY: DAVID C. BIGGS, Director of Economic Development =4 L SUBJECT: CDBG Public Hearing/Approval of the Action Plan 97/98 - Consolidated Plan and Fair Housing Plan 71 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) I'/ j Statement of Issue: In order to receive the City's annual entitlements of the Community Development Block Grant (CDBG) and HOME Investment Partnership funds from the U.S. Department of Housing and Urban Development (HUD), it is necessary to conduct a public hearing and approve the Action Plan 1997/98 relating to the City's adopted Consolidated Plan. The Fair Housing Plan needs to also be approved and submitted to HUD with the 1997/98 Action Plan. Funding Source: Community Development Block Grant (GRANT NO. B97-MC060506), CDBG program income, and HOME Investment Partnership funds (GRANT NO. 97- MC060514) from the U.S. Department of Housing and Urban Development. Recommended Action: Motion to: 1. Approve the 1997/98 Action Plan for the Community Development Block Grant and HOME Programs as referenced as Attachment 1, for the amounts of $1,732,000 and $596,000 respectively, and authorize its submission to the U.S. Department of Housing & Urban Development and authorize the City Administrator to execute the required Certifications. ROUEST FOR COUNCIL ACTIA MEETING DATE: April 21, 1997 DEPARTMENT ID NUMBER: ED 97-17 2. Approve the Fair Housing Plan as included in the Action Plan as Appendix D and authorize its submittal to the Department of Housing and Urban Development. Alternative Action(sl: 1. City Council may modify activities or funding levels of any activity resulting in modifications to the Action Plan. Analysis: Beginning in 1995, the U.S. Department of Housing and Urban Development (HUD) consolidated the submission process and other planning documents for its entitlement programs. The Consolidated Plan (CP) 1995-2000 was adopted by City Council on May 1, 1995. The CP embodies the five year strategy for the expenditure of the Community Development Block Grant (CDBG) and HOME funds. The City has participated in the CDBG program for twenty-two years and participated in the HOME program for the past five years. The 1997/98 Action Plan (AP) (Attachment 1) will be the third action plan relating to the City's Consolidated Plan. The AP must relate to the needs identified in the CP. The AP describes the one year use of federal funds, FY 1997-98 (July 1, 1997 to June 30, 1998). The Action Plan describes: the resources available for program implementation, the activities to be undertaken, how the City monitors the program, how the City addresses homelessness, discusses an anti -poverty strategy and how the City coordinates between agencies. Unlike the previous year when the federal budget was uncertain for a significant amount of time, the City was notified in December 1996 that it would receive $1,732,000 in CDBG and $596,000 in HOME allocations for the 1997/98 grant year. This early notification was instrumental in managing the application and deliberation process more effectively. The approved Citizen Participation Plan was followed; whereby, two public hearings were held by the Citizen Participation Advisory Board (CPAB). Fifty-four applications were received by the advertised deadline. Altogether as part of the deliberation process, the CPAB met eight times from November 1996 to March 1997. The vast majority of the applicants gave presentations to the CPAB. CPAB members also conducted site visits totaling approximately 50 (averaging 3.5 hours/member) additional hours of volunteer service to the City. Prior to the second CPAB public hearing, the board was provided with staffs recommendations so that they could be considered as part of its deliberations. The Community Development Block Grant (CDBG) Summary Report (Attachment 2) is a brief listing of the CDBG projects included in the Action Plan as recommended by staff and the CPAB. This report consists of two pages, the first showing the revenue and certain housing and public improvement projects, and the second page showing the public service projects recommended and those not recommended at this time. ED9717.DOC -2- 04/09/97 8:43 AM RAUEST FOR COUNCIL ACTT MEETING DATE: April 21, 1997 DEPARTMENT ID NUMBER: ED 97-17 A staff report, Attachment 3, provides additional background information regarding budgeting issues, the public services cap, the administrative cap, and the certifications required as part of the Action Plan. During the year, the Economic Development and Community Development Departments jointly worked on completing the Analysis of the Impediments to Fair Housing Choice as required by HUD. After the public hearing on March 6, 1997, the CPAB approved recommending the Fair Housing Plan. The resulting Fair Housing Plan is included in the 1997/98 Action Plan as Appendix D. As required by the HUD regulations, this public hearing and the 30 day public comment period was advertised in a local newspaper of general circulation, The Independent, on March 20 and April 10, 1997. A copy of the Action Plan was also available for public review at the Central Library and in the Department of Economic Development. The development of both the Action Plan and the Fair Housing Plan encouraged citizen participation. Environmental Status: Not Applicable Attachment(sl: 1. Action Plan 1997/98, Consolidated Plan, including the Fair Housing Plan in Appendix D 2 Community Development Block Grant (CDBG) Summary Report 3. Memo to David C. Biggs from Carol Runzel, April 8, 1997. DCB:CR:Ie ED9717.DOC -3- 04/09/97 8:46 AM