HomeMy WebLinkAboutFOUNTAINS HUNTINGTON - 2002-01-22CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALI.FORNIA 92648
OFFICE OF THE CITY CLERK
'CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: February 25, . 2002
TO: Fountains Huntington Beach, LLC ATTENTION:
Name
4220 Von Karman, Second Floor DEPARTMENT:
Street
Newport Beach, CA 92660 REGARDING: Agreement Containing
City, State, Zip
Covenants Affecting Real Property
See Attached Action Agenda Item E-14 Date of Approval 1/22/02
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk .
Attachments: Action Agenda Page
x Agreement
x
Bonds
Insurance
RCA
Deed
Other
CC: H. Zelefsky
Planning
x
x
Name
Department
RCA
Agreement
Insurance
Other
M. B. Broeren
Planning
x
x
Name
Department
RCA
Agreement
Insurance
Other
Dame
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Insurance
(Telephone: 714536-5227 )
Recorded in Official Records, County of Orange
RECORDING REQUESTED BY Gary Granville, Clerk -Recorder
AND WHEN RECORDED MAIL TO: ���������IIIIIIIIIIIIIII�����������������ip�����p���p�NO FEE
City of Huntington Beach 100 73 Al2 �020120213 01;39pm 02111102
2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
Attn: City Clerk
(Space above for recorder)
This Agreement is recorded at the If
request and for the benefit of the City 'n
of Huntington Beach and is exempt I
from the payment of fees pursuant to r G
Government Code Section 6103. l j
I�
AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND
FOUNTAINS HUNTINGTON BEACH, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
(the "Agreement") is made this 22nd day of January , 200 2 , by and between The
City of Huntington Beach, a California municipal corporation ("City"), and Fountains
Huntington Beach, LLC, a Delaware limited liability company ("Owner").
RECITALS:
A. Owner is fee owner of record of that certain real property commonly known as
The Fountains at Huntington Beach (the "Site") located in the City of Huntington Beach, County
of Orange, State of California and more particularly described in the legal description attached
hereto as Exhibit "A." Owner intends to construct a 271-unit apartment complex for senior
citizens with an affordable housing component on the Site (herein, the "Project").
B. Pursuant to the conditions of approval for the project, as contained in City's
Conditional Use Permit No. 99-54 (the "CUP"), Owner wishes to formally restrict and make
available twenty percent (20%) of the apartments (54 units) for rental only to qualified low
income and very low income senior tenants. This Agreement is intended to formally establish
and provide for the continued long-term affordability of the Units on the Site in satisfaction of
the affordable housing obligations as set forth in the CUP, and specifically Section 5(g) of the
conditions of approval.
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C. Owner intends to establish the affordable housing restrictions as covenants,
conditions and restrictions that shall.run with the land of the Site and shall extend to, inure to the
benefit of and be binding upon Owner and Owner's heirs, successors and assigns.
NOW, THEREFORE, OWNER AND CITY HEREBY AGREE AS FOLLOWS:
DEFINITIONS.
1.1 Affordable Rent. As used in this Agreement, the term "Affordable
Rent" shall mean rental rates not to exceed thirty percent (30%) times fifty percent (50%) of
median income for an Eligible Very Low Income Tenant, and rental rates not to exceed thirty
percent (30%) times eighty percent (80%) of median income for an Eligible Low Income Tenant.
1.2 Eligible Tenant. As used in this Agreement, the term "Eligible
Tenant" shall refer to persons who are a minimum of 55 years of age and who are Eligible Very
Low Income Tenants or Eligible Low Income Tenants, and who are eligible to rent a Unit.
1.3 Eligible Low Income Tenant. As used in this Agreement, the term
"Eligible Low Income Tenant" shall mean an Eligible Tenant whose annual income does not
exceed eighty percent (80%) of the median income for the Orange County Metropolitan
Statistical Area as determined by the U.S. Department.of Housing and Urban Development
(HUD) with adjustments for smaller and larger families.
1.4 Eligible Very Low Income Tenant. As used in this Agreement, the term
"Eligible Very Low Income Tenant" shall mean an Eligible Tenant whose annual income does
not exceed fifty percent (50%) of the median income for the Orange County Metropolitan
Statistical Area as determined by the U.S. Department of Housing and Urban Development
(HUD) with adjustments for smaller and larger families.
1.5 Orange County Median Income. For purposes of this Agreement, the
term "Orange County Median Income" shall mean the median income for the Orange County
Primary Metropolitan Statistical Area, with adjustments for household size, as determined from
time to time by HUD pursuant to the United States Housing Act of 1937 as amended, or such
other method of median income calculation applicable to the City that HUD may hereafter adopt
in connection with said Act.
1.6 Unit and Units. As used in this Agreement, the term "Unit" shall
mean one of the fifty-four (54) rent restricted, affordable rental dwelling units in the Project, and
the term "Units" -shall mean two or more of the fifty-four (54) rent restricted, affordable rental
dwelling units in the Project. The term "Unit" and "Units" shall be used as the context mandates
and shall be reasonably interpreted in light of the context in which the term appears.
1.7 Utility Allowance. As used in this Agreement, the term "Utility
Allowance" shall mean an allowance for utilities, including garbage collection, sewer, water,
electricity, gas and other heating, cooking and refrigeration fuels, but shall not include telephone
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service. In no event shall such Utility Allowance be less than the amount established by the
Orange County Housing Authority per Unit per month.
2. TERM OF RESTRICTIONS; RESIDENTIAL RENTAL PROPERTY. The
term of the restrictions established by this Agreement shall be thirty (30) years from the date of
the final inspection of the first unit in the Project (herein, the "Affordability Period"). To that .
end, and for the term of this Agreement, the Owner hereby declares, represents, covenants,
warrants and agrees as follows:
2.1 Purpose. The Site has been acquired and the Project is to be
developed, in part, for the purposes of providing Eligible Tenants affordable rental housing in
accordance with this Agreement.
2.2 Facilities. . All of the Units in the Project shall contain facilities
adequate for living, sleeping, eating, cooking and sanitation in accordance with all applicable
federal, state and local laws and codes.
2.3 Residential Use. None of the Units in the Project will at any time be
utilized on a transient basis or will ever be used as a hotel, motel, dormitory, fraternity house,
sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park
without the prior written consent of the City.
2.4. Maximum Occupancy. I The maximum number of persons in a
household that may occupy any of the two -bedroom Units may not exceed five persons; the
maximum number of persons in a household that may occupy any of the one -bedroom Units may
not exceed two persons.
2.5 Conversion of Units. No part of the Project will at any time be owned by
a cooperative housing corporation nor shall the Owner take any steps in connection with the
conversion to such ownership or uses to condominiums, or to any other form of ownership,
without the prior written approval of the City.
2.6 Preference to Eligible Tenants. All of the Units will be made
available for rental in accordance with the terms of this Agreement, and the Owner shall not give
preference to any particular class or group in renting the Units in the Project, except to the extent
that the Units are required to be leased or rented to Eligible Tenants and except as provided in
Section 3.3 below.
2.7 Liability of Owner. Owner and the management agent shall not incur
any liability under this Agreement as a result of fraud or negligent or intentional
misrepresentation by a tenant.
3. OCCUPANCY OF PROJECT BY ELIGIBLE TENANTS. Owner hereby
declares, represents, warrants, and covenants as follows:
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3.1 Income Restrictions. Except as expressly provided herein, throughout the
term of this Agreement, the fifty-four (54) rent restricted, affordable Units shall be rented only to
Eligible Low Income Tenants and Eligible Very Low Income Tenants as follows:
a. The fifty-four (54) rent restricted, affordable Units shall be comprised of forty-
one (41) one -bedroom units and thirteen (13) two -bedroom units.
d 20
b. Twentyq eWJXone bedroom units shall be rented to Eligible Very Low Income
Tena ts. 'Rwi=XXW one -bedroom units shall be rented to Eligible Low Income Tenants.
Twenty—one (21)
C. Seven (7) two -bedroom units shall be rented to Eligible Very Low Income
Tenants. Six (6) two -bedroom units shall be rented to Eligible Low Income Tenants.
d. Unit locations shall be subject to review and approval by City's Director of
Planning.
3.2 Rental Rates. Monthly rents for the Units (including the Utility
Allowance, and excluding any supplemental rental assistance from the State of California, the
federal government or any other public agency) shall not exceed one -twelfth (1/12) of the
Affordable Rent adjusted for family size appropriate for the Unit. The rental rates for the Units
shall be adjusted annually based upon current updates of HUD income and rent standards. In no
event shall any of the Units be rented at a rate greater than the Affordable Rent applicable to the
particular Unit.
OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE
MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THISTORMULA 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.
Owner's initials
3.3 Occupancy y Eligible Tenant. A Unit occupied by an Eligible
Tenant shall be treated as occupied by an Eligible Tenant until such Unit is vacated. A Unit
previously occupied by an Eligible Tenant and then vacated shall be considered occupied by an
Eligible Tenant until reoccupied (other than for a temporary period) at which time the character
of the Unit shall be re -determined. In no event shall such temporary period exceed thirty-one
(3 1 ) days.
If at any time a tenant's household income increases, resulting in
disqualification of such tenant as an Eligible Very Low Income Tenant, such tenant shall have a
period of ninety (90) days to relocate from the Site. The disqualified tenant shall be fully
responsible for the costs and expenses related to the relocation. Should such tenant face
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extraordinary hardship in relocating from the Site, the tenant may submit a written appeal to the
City requesting an extension of the time period within which the tenant must relocate. Upon
receipt of the written appeal, the Planning Director in his sole discretion may extend the
relocation period for up to a maximum of ninety (90) additional days. Pursuant to this Paragraph
3.3, Owner will at all times be deemed in compliance with this Agreement during such
disqualified tenant's relocation period, as extended.
3.4 Income Computation. Immediately prior to a prospective Eligible
Tenant's occupancy of a Unit, Owner shall obtain and maintain on file an income computation
and certification form from each such prospective Eligible Tenant dated immediately prior to the
date of initial occupancy in a Unit by such prospective Eligible Tenant. Owner shall use its best
efforts to verify that the income information provided by an applicant is accurate by following
the City of Huntington Beach Redevelopment Agency's Housing Rehabilitation Loan Program
Policies and Procedures and by taking one or more of the following steps as a part of the
verification process: (i) obtain two (2) pay stubs from the most recent pay periods; (ii) obtain a
written verification of income and employment from applicant's current employer; (iii) obtain an
income verification form from the Social Security Administration and/or California Department
of Social Services if the applicant receives assistance from either agency; (iv) if an applicant is
unemployed or did not file a tax return for the previous calendar year, obtain other verification of
such applicant's income as is reasonably satisfactory; or (v) obtain such other information as
may be reasonably required. Owner shall update the foregoing records annually and shall
provide copies of updated tenant eligibility records and monthly'rental records to the City for
review. Upon review of such records, the City may at its option and expense perform an
independent audit of the tenant eligibility records in order to verify compliance with the income
and affordability -requirements set -forth herein. Owner shall retain the records described in this
Section 3.4 for a period of three years after the date the respective records were created.
3.5 Rental Priority. Units shall be rented to Eligible Tenants on a first -
come, first -served basis; provided, however, that Owner may, in Owner's sole discretion,
maintain an "interest list" or "eligibility list" of potential tenants; provided, however, that Owner
shall not be liable to City or any person, firm, or entity in the event a Unit is rented to a person
who is not on any such list or is on such list but is listed lower than another person on such list.
3.6 Reserved:
3.7 Maintenance of Records. Owner shall maintain complete and accurate
records pertaining to the Units, and shall permit any duly authorized representative of the City to
inspect the books and records of Owner pertaining to the Project including, but not limited to,
those records pertaining to tenant eligibility and occupancy of the Units. Records pertaining to
the Project and Units shall be retained for a period of five (5) years after the termination of this
Agreement; records pertaining to tenant and eligibility shall be retained for the period set forth in
Section 3.4.
3.8 Reliance on Tenant Representations: Each tenant lease shall contain a
provision to the effect that Owner has relied on the income certification and supporting
information supplied by the tenant in determining qualification for occupancy of a Unit, and that
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any material misstatement in such certification (whether or not intentional) will be cause for
immediate termination of such lease.
3.9 Conflicts. The rental priority provision set forth in Section 3.5 shall
apply only in the event, and to the extent, such provisions are not in conflict with any applicable
federal or state law or any regulatory agreement affecting the Project that is recorded in superior
priority to this Agreement.
4. MAINTENANCE
4.1 Maintenance Covenant. Owner agrees to maintain all interior and
exterior improvements, including landscaping, on the Site in good condition and repair (and, as
to landscaping, in a healthy condition), reasonable wear and tear excepted, and in accordance
with all applicable laws, rules, ordinances, orders, and regulations of all federal, state, county,
municipal, and other governmental agencies and bodies having or claiming jurisdiction
(including, but not limited to, Federal Housing Quality Standards as set forth in 24 C.F.R.
982.401). In addition, Owner shall keep the Site free from all graffiti and any accumulation of
debris or waste material. Owner shall make all repairs and replacements necessary to keep the
improvements in good condition and repair and shall promptly eliminate all graffiti and replace
dead and diseased plants and landscaping with comparable approved materials. The
maintenance covenant contained in this Section 4.1 shall remain in effect for the term of this
Agreement.
4.2 City Rights. City shall have the right -to enter upon the Site to inspect
both the interiors and exteriors of the Site, upon seventy-two (72) hours written notice to Owner.
City may perform or cause to be performed the maintenance necessary to cure any default of
these maintenance covenants and Owner shall be liable for payment to City for City's reasonable
costs (excluding staff salaries and overhead and other similar costs) to perform such required
maintenance; provided, however, that Owner first be given written notice by City of the actions
required to cure any default, and Owner, after receipt of such notice, shall have sixty (60) days to
cure such defaults, but Owner shall not be deemed in default of the foregoing maintenance
covenant if such default cannot reasonably be cured within the sixty (60) day period referenced
above so long as Owner has commenced to cure such default within the same sixty (60) day
period and is diligently proceeding with the work to cure such default. Notwithstanding the
foregoing, if any property conditions are reasonably identified by City after a property inspection
attended by a representative of Owner that pose an immediate danger to life or limb, Owner shall
have three (3) days to effect corrections of such condition(s) to City's reasonable satisfaction.
4.3 Annual Report. Owner covenants and agrees to submit to the City
an annual report (the "Annual Report") which shall include for each Unit the rental rate and the
income and family size of the occupants, and shall also include the records described in Section
3.7 herein. The income information shall be supplied by the tenant in a certified statement on a
form provided by the City. The Owner shall submit the Annual Report on or before the end of
the first calendar quarter of the year following the year covered by the Annual Report. The
Owner shall provide for the submission of such information in its leases with tenants. City shall
not charge Owner a fee for reviewing the Annual Report.
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5. ENFORCEMENT. In the event Owner defaults in the performance or
observance of any covenant, agreement or obligation of Owner pursuant to this Agreement, and
if such default remains uncured for a period of sixty (60) days after written notice thereof (or
such longer period as may apply to the specific alleged default) shall have been given by City,
or, in the event said default cannot be cured within said time period, Owner has failed to
commence to cure such default within said sixty (60) days and diligently prosecute said cure to
completion, then City shall declare an "Event of Default" to have occurred hereunder, and, at its
option, may take one or more of the following steps:
(a) By mandamus or other suit, action or proceeding at law or in equity,
require Owner to perform its obligations and covenants hereunder or enjoin any acts or things
which may be unlawful or in violation of this Agreement; or
(b) Take such other action at law or in equity as may appear necessary or
desirable to enforce the obligations, covenants and agreements of Owner hereunder.
6. NONDISCRIMINATION. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, creed, religion, sex,
sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the Site, or any part thereof, or in the awarding of
contracts for the Project, nor shall Owner, 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 Site, or any part thereof, or in the awarding of contracts for the Project. (except as
permitted by this Agreement).
Owner shall comply with all applicable federal, state and local nondiscrimination,
fair housing, and equal opportunity requirements. In addition, Owner shall conduct affirmative
marketing and minority outreach activities as required by federal regulations.
6.1 Form of Nondiscrimination and Nonseg_regation Clauses. The Owner
shall refrain from restricting the rental, sale or lease of the Property on the basis of race, color,
creed, religion, sex, sexual orientation, marital status, national origin or ancestry of any person.
All such deeds, leases or contracts shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
(a) In Deeds: "The grantee herein covenants by and for himself,
his heirs, executors, administrators and assigns, and all persons claiming under or through him,
that there shall be no discrimination against or segregation of, any.persons or group of persons
on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land
herein conveyed, nor shall the grantee himself or any person claiming under or through him,
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 in the land herein conveyed. The foregoing covenants shall run with the land.
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(b) In Leases: "The lessee herein covenants by and for himself, his
heirs, executors, administrators and assigns, and all persons claiming under or through him, and
this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person
or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital
status, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure
or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under
or through him, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the land herein leased.
(c) In Contracts: "There shall be no discrimination against or
segregation of any person, or group of persons on account of race, color, creed, religion, sex,
sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person
claiming under or through him, establish or permit any such practice or practices of
discrimination or segregation with reference to the lessees, subtenants, sublessees or vendees of
the land."
7. COVENANTS TO RUN WITH THE LAND. Owner hereby subjects the
Site to the covenants, reservations, and restrictions set forth in this Agreement. Owner hereby
declares its express intent that all such covenants, reservations, and restrictions shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors in
title to the Site; provided, however, that on the expiration of the term of this Agreement said
covenants, reservations and restrictions shall expire automatically, without further action by any
party, except the nondiscrimination covenants contained in Section 6 and Section 6.1 shall
remain in perpetuity. Subject to Section 12 herein, all covenants without regard to technical
classification or designation shall be binding for the benefit of the City, and such covenants shall
run in favor of the City for the entire term of this Agreement, without regard to whether the City
is or remains an owner of any land or interest therein to which such covenants relate.
8. ATTORNEYS' FEES. In the event that any legal action arises by reason of
the breach of any covenant in this Agreement, or otherwise arising out of this Agreement, each
party shall bear its own attorneys' fees, and the prevailing party in such action shall not be
entitled to recover from the non -prevailing party reasonable attorneys' fees and costs. Attorneys'
fees shall include attorneys' fees on any appeal, and in addition, all other reasonable costs for
investigating such action, including the conducting of discovery, and expert witness fees.
9. AMENDMENTS. This Agreement shall not be amended without the express
prior written consent of the City, and it shall be amended only by a written instrument executed
by the Owner or its successors in title, and duly recorded in the real property records of the
County of Orange.
10. NOTICE. . Any notice required to be given hereunder shall be made in writing
and shall be given by (i) personal delivery, (ii) courier service that provides a receipt showing
date and time of delivery, or (iii) certified or registered mail, postage prepaid, return receipt
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requested, at the addresses specified below, or at such other addresses as may be specified in
writing by the parties hereto:
City: Director of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Owner: Fountains Huntington Beach, LLC
4220 Von Karman, Second Floor
Newport Beach, CA 92660
Notices personally delivered or delivered by courier shall be effective upon receipt. Mailed
notices shall be effective on the earlier of receipt or Noon on the second calendar day following
deposit in the United States mail.
11. SEVERABILITY/WAIVER/INTEGRATION.
11.1 Severability. If any provision of this Agreement shall be invalid, illegal
or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall
not in any way be affected or impaired thereby.
11.2 . Waiver. A waiver of the performance of any covenant or condition
herein shall not invalidate this Agreement nor shall it be considered -a waiver of any other
covenants or conditions, nor shall the delay or forbearance in exercising any remedy or right be
considered a waiver of, or an estoppel against, the later exercise of such remedy or right.
12. USE RESTRICTIONS. During the Affordability Period, Owner shall take
all reasonable steps necessary to ensure that each Tenant of a Unit and all assignees and
transferees 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 identifies this Agreement
by reference and makes this Agreement available for review by each Tenant in the Site
manager's office. In addition, during the Affordability Period, each lease for any of the Units on
the Site shall contain provisions that such Units shall be occupied, used, and maintained as
follows:
(A) the 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 unreasonable 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
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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;
(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.
12. Subordination to Trust Deeds. Notwithstanding any other provision in this
Agreement to the contrary, the covenants and restrictions 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 (including Fannie Mae or Freddie Mac) to secure a loan for the financing of
the Site or the Project, including without limitation any deed of trust recorded concurrently
herewith. City agrees, at no expense to City, to execute such documents as 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 financing of the Site or the Project. Owner, its successors or assigns, or the
benefited lender shall be responsible for preparing.the.document(s) creating such subordination
of City's interest.
12. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of California.
REST OF PAGE INTENTIONALLY LEFT BLANK
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•
13. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall constitute one original and all of which shall be one and the
same instrument.
IN WITNESS WHEREOF, Owner has executed this Agreement by and through its duly
authorized representative on the date first written hereinabove.
Owner:
Fountains Huntington Beach, LLC,
a Delaware limited liability company
By: FountainGlen Properties LLC,
A Delaware limited liability company
Its sole member
B
Glenn L. Carpenter, President and
Chief Executive Officer
INIT ED AND APPROVED:
DAdor of Planning
City:
" &4�'
Mayor
APPROVED AS TO FORM:
City Attorney _ 7,0-
�z
REVIEWED AND APPROVED:
waolv_�p
'
City Administrator. �iQt7
ATTEST:
City Clerkv A02
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CALIFORNIA ALL-PURPOIS ACKNOWLEDGMENT •
State of �,✓� <! �U� /� !�
County of
On �� o before me, �rJ i d'' /�17`Uy i�h
�.
ate � Name and Title of Officer (e.g., "Jane Doe, Notary blic")
personally appeared & b h; e
Name(s) of Signer(s)
❑ personally known to me — OR `!'proved to me on the basis of satisfactory evidence to be the person4s4
whose names) is/.axe subscribed to the within instrument
and acknowledged to me that-ire/she/#+-ey executed the
same in histher/thair authorized capacity(ise), and that by
his/her/tlaoir signaturg,(z) on the instrument the persoRH,
VIRGINIA L MELTON or the entity upon behalf of which the person* acted,
Camob Ion i 1290M executed the instrument.
Haft ry Pub6c - GaRtanb
��� WITNESS my hand and official seal.
Si ure 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 I
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0
El
El
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Top of
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
.. of thumb her
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPO ACKNOWLEDGMENT •
State of
County of
On 3O before me,
ate Name and Title of Officer (e.g., "Jane DoeAotary Public")
personally appeared ee t),y/ L— �/'U�.�1��►4 �e ,
Name(sl of Si r s
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person4&)-
whose names) isLacasubscribed to the within instrument
and acknowledged to me that-he/she*ey executed the
same in.#i�s/herAheir authorized capacity. i"), and that by
VIRGINIA R- MELTON J*/her/,t#eir signaturefsj on the instrument the person{,
Co nmtsston # 1290573 or the entity upon behalf of which the personks) acted,
Notary PubBc - Calffforrft executed the instrument.
orange Cour fir
*cb=mB0ejan1j2M5 WITNESS my hand and official seal.
Signature of Notdry Public
OPT/ AL
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Document Date:
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Signer's Name:
El
El
El
El
El
El
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Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
El
El
El
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited C General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800.876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ora-C�C, ss.
On LLoCem&,Pr t ?,w �, before me, 64AluY) M • W h41M ,
Date n Nam and Title of Officer (e.g., "Jane Doe, Notafy Public")
personally appeared
,-
CAROLYN M. WHANG,�
COMM. #1325676
^
Uo
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY 1
My Comm. Expires Oct. 16, 2005
Place Notary Seal Above
of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person�< whose name�< is/peI6
subscribed to the within instrument and
acknowledged to me that he4heA4ey executed
the same in hisiherYthe' authorized
capacity{ies4, and that by hisAhefAbeif-
signatur(E 4 on the instrument the person, or
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
rA6g�:� ) a . L,��
Signat(lrklof Notary Public
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❑ Individual
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C 1997 National Notary Association " 9360 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
•
•
EXHIBIT "A"
LEGAL DESCRIPTION OF THE SITE
12
PDASountainglenxity affordable housing covenants - final
DEC 27 '01 12:14 FRON:PAC GULF EXEC OFCS 7142235034
CITY #6F HUNTINGTON B H
LOT LINE ADJUSTMENT
LL 0 02
0
MAP
T-333 P.02/03 F-132
OWNERS EXISTING PARCELS PROPOSED PARCELS
AP NUMBER REFERENCE NUMBER
SHEA VICKERS DEVELOPMENT LLC 023-010-27 PARCEL 1
VICTORIA WOODS—iESTNAI, LLC 023-010=10 do 023-010-27 PARCEL 2
Tj
PARCEL
EXHIBIT " V
PROPOSED LOT LINES
WSW LOT LINES.
RE OVE0 LOT LINES
ca+
a4 V
, r%0
I
AN
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GARFELD JIREEI /41YrI1Vlt
.0 VVAW1
BLOCK 'a'
G.1
952.02'
N 89' 'ZIT, 8SL76'
TIL 13 72J.95' cLAY AVENUE
/w
PARCEL 2
9.929 ACRES
!3r \m-lroojT w
\ N 89'58'44' W (,
^--
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IPW OF
PARCEL 2
SHEET 1 Of 2
DEC 27
0000
'01 12:14 FR014:PAC GULF EXEC OFCS 7142235034
CITY%F HUNTINGTON BFWH
LOT UNE ADJUSTMENT
LL Oo 02
LEGAL DESCRIPTION
T-333 P.03/03 F-132
LS PROPOSED PARCELS
I OWNERS I EXISTING NUMBER I REFERENCE N MBER
SHU VICKERS DEVELOPMENT LLC 023--010-27 PARCEL. 1
VICTORIA WOODS -FESTIVAL, LLC 023-010-10 & 023-010-27 PARCEL 2
PARCEL 2
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 4, SAID POINT ALSO
BEING ON THE CENTERLINE OF MAIN STREET, 120.00 FEET WIDE AS SHOWN ON
THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 96-3, RECORDED FEBRUARY 28,
1996 AS INSTRUMENT NO. 19960095324 OF OFFICIAL RECORDS; THENCE SOUTH
19015'35" WEST 524.14 FEET ALONG SAID CENTERLINE OF SAID MAIN STREET;
THENCE LEAVING SAID CENTERLINE NORTH 89°40101" WEST '63.43 FEET TO THE
WEST RIGHT OF WAY OF MAIN STREET AS SHOWN ON SAID CERTIFICATE OF
COMPLIANCE; THENCE SOUTH 19°15'35" WEST 97.66 FEET ALONG SAID WEST RIGHT
OF WAY OF SAID MAIN STREET TO THE MOST SOUTHERLY CORNER OF ' SAID
PARCEL 4; THENCE NORTH 76°57'53" WEST 243.09 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 435.00 FEET;
THENCE SOUTHWESTERLY 298.45 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 39018'36" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 222.00 FEET, A RADIAL. LINE TO SAID
POINT HEARS NORTH 26016'29" WEST; THENCE WESTERLY 60.04 FEET ALONG SAID
CURVE THROUGH -AA - CENTRAL: ANGLE OF 15029'43"-TO--THE - BEGINNING OF- A
COMPOUND CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 35.00 FEET,
A RADIAL LINE TO SAID POINT BEARS SOUTH 10°46'46" EAST; THENCE NORTHERLY
61.58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100*48102" TO THE
WEST LINE OF SAID PARCEL 4; THENCE NORTH 00°01' 16" EAST 204.41 FEET TO A
TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RAD17JS OF 120.50 FEET;
THENCE NORTHEASTERLY 151.37 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 71058'27'; THENCE NORTH 00018'36" EAST 235.57 FEET TO THE
CENTERLINE OF CLAY AVENUE AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE;
THENCE SOUTH 89041'24" EAST 909.76 FEET ALONG SAID CENTERLINE OF CLAY
AVENUE TO THE POINT OF BEGINNING.
PARCEL 2 CONTAINING 415,067 SQUARE FEET OF 029 ACRES, MORE OR LESS. -
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SHEET .2 OF 2
r'tfVAN l
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditio ally Approved ❑ Denied
j J, City Clefk'sl Signature
t
Council Meeting Date: January 22, 2002
Department ID Number: PL02-03
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE AFFORDABLE HOUSING AGREEMENT FOR
FOUNTAINS HUNTINGTON BEACH, LLC (The Fountains
Apartments)
a
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by Fountains Huntington Beach, LLC to
approve an affordable housing agreement for a 271-unit senior apartment project at the
southwest corner of Main and Gothard Streets. The agreement will restrict 54 of the
apartments to very low and low-income senior households for a period of 30 years. Staff
recommends that the City Council review and approve the affordable housing agreement.
Fundina Source: Not applicable.
Recommended Action:
Motion to:
"Approve the Agreement Containing Covenants Affecting Real Property By and Between the
City of Huntington Beach and Fountains Huntington Beach, LLC, and authorize the Mayor and
City Clerk to sign and execute (Attachment No. 1)."
Alternative Action(s):
The City Council may make the following alternative motion(s):
"Continue the Agreement Containing Covenants Affecting Real Property By and Between the
City of Huntington Beach and Fountains Huntington Beach, LLC, and direct staff accordingly."
•
•
MEETING DATE: January 22, 2002
Analysis:
A. PROJECT PROPOSAL:
DEPARTMENT ID NUMBER: PL02-03
Applicant: Fountains Huntington Beach, LLC, 4220 Von Karman, 2"d Flr., Newport
Beach, CA 92660
Location: Southwest corner of Main and Gothard Streets (formerly near Clay Avenue)
The affordable housing agreement will restrict 54 units in The Fountains apartment project to
very low and low-income senior households (age 55 and above) for a period of 30 years.
Units will be' equally divided between the two income levels, i.e. 27 units at very low income,
and will be restricted based on bedroom count in accordance with conditions of approval.
The Fountains project was approved by the Planning Commission on February 23, 2000.
The conditions require that 41 of the restricted units be one -bedroom and 13 be two -
bedroom, comparable with the ratio provided throughout the project. Overall, the project
consists of 67 two -bedroom units, from 788 to 1,060 square feet in size, and 204 one -
bedroom units, 648 to 705 square feet each.
B. STAFF ANALYSIS AND RECOMMENDATION:
The Fountains will be located in the Holly Seacliff Specific Plan (HSSP) area. The HSSP
requires that 15 percent of the units built within the area be affordable. The Fountains
project exceeds this requirement by having 20 percent of the units affordable.
The agreement specifies that the 54 restricted units be evenly divided between very low and
low-income households. Current Orange County median income data indicate that the
maximum annual gross income for very low and low-income two -person households is
$29,500 and $47,150, respectively. Based on these income figures, the maximum monthly
rents would be approximately $700 and $1,100.
The proposed agreement is consistent with standard affordable housing agreements
prepared by the. City Attorney's Office and complies with. the affordable housing
requirements approved by the Planning Commission. Therefore, staff recommends the City
Council approve the agreement.
Environmental Status:
The subject request is not subject to the California Environmental Quality Act pursuant to
Section 15061 (b) (3).
PL02-03 -2- 1/14/2002 11:32 AM
•
MEETING DATE: January 22, 2002
Attachment(s):
RCA Authors: MBB
DEPARTMENT ID NUMBER: PL02-03
PL02-03 -3- 1/3/200211:41 AM
ATTACHMENT 1
•,, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February 1, 2002
Gary L. Granville
County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find a Agreement Containing Covenants Affecting Real Property by and
between the City of Huntington Beach and Fountains Huntington Beach, LLC 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 to this office in the enclosed
self-addressed stamped envelope.
Connie Brockway, CIVIC
City Clerk
Enclosures
g:ffollowup/misc... doc Agreement Containing Covenants Affecting Real Property — Fountains Huntington Beach,
LLC — s/w corner of Main and Gothard Sts (formerly near Clay Avenue)
(Telephone: 714-536-5227 )
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.
AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND
FOUNTAINS HUNTINGTON BEACH; LLC,
A DELAWARE LIMITED LIABILITY COMPANY
THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
(the "Agreement") is made this 22nd day of January , 200 2, by and between The
City of Huntington Beach, a California municipal corporation ("City"), and Fountains
Huntington Beach, LLC, a Delaware limited liability company ("Owner").
RECITALS:
A. Owner is fee owner of record of that certain real property commonly known as
The Fountains at Huntington Beach (the "Site") located in the City of Huntington Beach, County
of Orange, State of California and more particularly described in the legal description attached
hereto as Exhibit "A." Owner intends to construct a 271-unit apartment complex for senior
citizens with an affordable housing component on the Site (herein, the "Project").
B. Pursuant to the conditions of approval for the project, as contained in City's
Conditional Use Permit No. 99-54 (the "CUP"), Owner wishes to formally restrict and make
available twenty percent (20%) of the apartments (54 units) for rental only to qualified low
income and very low income senior tenants. This Agreement is intended to formally establish
and provide for the continued long-term affordability of the Units on the Site in satisfaction of
the affordable housing obligations as set forth in the CUP, and specifically Section 5(g) of the
conditions of approval.
PDA:fountainglen:city affordable housing covenants - final
C.. Owner intends to establish the affordable housing restrictions as covenants,
conditions and restrictions that shall run with the land of the Site and shall extend to, inure to the
benefit of and be binding upon Owner and Owner's heirs, successors and assigns.
NOW, THEREFORE, OWNER AND CITY HEREBY AGREE AS FOLLOWS:
1. DEFINITIONS.
1.1 Affordable Rent. As used in this Agreement, the term "Affordable
Rent" shall mean rental rates not to exceed thirty percent (30%) times fifty percent (50%) of
median income for an Eligible Very Low Income Tenant, and rental rates not to exceed thirty
percent (30%) times eighty percent (80%) of median income for an Eligible Low Income Tenant.
1.2 Eligible Tenant. As used in this Agreement, the term "Eligible
Tenant" shall refer to persons who are a minimum of 55 years of age and who are Eligible Very
Low Income Tenants or Eligible Low Income Tenants, and who are eligible to rent a Unit.
1.3 Eligible Low Income Tenant. As used in this Agreement, the term
"Eligible Low Income Tenant" shall mean an Eligible Tenant whose annual income does not
exceed eighty percent (80%) of the median income for the Orange County Metropolitan
Statistical Area as determined by the U.S. Department of Housing and Urban Development
(HUD) with adjustments for smaller and larger families.
1.4 . ' Eligible Very Low Income Tenant. As used in this Agreement, the term
"Eligible Very Low Income Tenant" shall mean an Eligible Tenant whose annual income does
not exceed fifty percent (50%) of the median income for the Orange County Metropolitan
Statistical Area as determined by the U.S. Department of Housing and Urban Development
(HUD) with adjustments for smaller and larger families.
1.5 Orange County Median Income. For purposes of this Agreement, the
term "Orange County Median Income" shall mean the median income for the Orange County
Primary Metropolitan Statistical Area, with adjustments for household size, as determined from
time to time by HUD pursuant to the United States Housing Act of 1937 as amended, or such
other method of median income calculation applicable to the City that HUD may hereafter adopt
in connection with said Act.
1.6 Unit and Units. As used in this Agreement, the term "Unit" shall
mean one of the fifty-four (54) rent restricted, affordable rental dwelling units in the Project, and
the term "Units" shall mean two or more of the fifty-four (54) rent restricted, affordable rental
dwelling units in the Project. The term "Unit" and "Units" shall be used as the context mandates
and shall be reasonably interpreted in light of the context in which the term appears.
1.7 Utility Allowance. As used in this Agreement, the term "Utility
Allowance" shall mean an allowance for utilities, including garbage collection, sewer, water,
electricity, gas and other heating, cooking and refrigeration fuels, but shall not include telephone
2
PDA:fountainglen:city affordable housing covenants - final
•
•
service. In no event shall such Utility Allowance be less than the amount established by the
Orange County Housing Authority per Unit per month.
2. TERM OF RESTRICTIONS• RESIDENTIAL RENTAL PROPERTY. The
term of the restrictions established by this Agreement shall be thirty (30) years from the date of
the final inspection of the first unit in the Project (herein, the "Affordability Period"). To that
end, and for the term of this Agreement, the Owner hereby declares, represents, covenants,
warrants and agrees as follows:
2.1 Purpose. The Site has been acquired and the Project is to be
developed, in part, for the purposes of providing Eligible Tenants affordable rental housing in
accordance with this Agreement.
2.2 Facilities. All of the Units in the Project shall contain facilities
adequate for living, sleeping, eating, cooking and sanitation in accordance with all applicable
federal, state and local laws and codes.
2.3 Residential Use. None of the Units in the Project will at any time be
utilized on a transient basis or will ever be used as a hotel, motel, dormitory, fraternity house,
sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park
without the prior written consent of the City.
2.4. Maximum Occupancy. The maximum number of persons in a
household that may occupy any of the two -bedroom Units may not exceed five persons; the
maximum number of persons in a household that may occupy any of the one -bedroom Units may
not exceed two persons.
2.5 Conversion of Units. No part of the Project will at any time be owned by
a cooperative housing corporation nor shall the Owner take any steps in connection with the
conversion to such ownership or uses to condominiums, or to any other form of ownership,
without the prior written approval of the City.
2.6 Preference to Eligible Tenants. All of the Units will be made
available for rental in accordance with the terms of this Agreement, and the Owner shall not give
preference to any particular class or group in renting the Units in the Project, except to the extent
that the Units are required to be leased or rented to Eligible Tenants and except as provided in
Section 3.3 below.
2.7 Liability of Owner. Owner and the management agent shall not incur
any liability under this Agreement as a result of fraud or negligent or intentional
misrepresentation by a tenant.
3. OCCUPANCY OF PROJECT BY ELIGIBLE TENANTS. Owner hereby
declares, represents, warrants, and covenants as follows:
PDA:fountain0mcity affordable housing covenants - final
3.1 Income Restrictions. Except as expressly provided herein, throughout the
term of this Agreement, the fifty-four (54) rent restricted, affordable Units shall be rented only to
Eligible Low Income Tenants and Eligible Very Low Income Tenants as follows:
a. The fifty-four (54) rent restricted, affordable Units shall be comprised -of forty-
one (41) one -bedroom units and thirteen (13) two -bedroom units.
� 20
A( one bedroom units shall be rented to Eligible Very Low Income
b. Twenty-�
Tena ts. 'MilXXX� one -bedroom units shall be rented to Eligible Low Income Tenants.
`1 Twenty—one (21)
C. Seven (7) two -bedroom units shall be rented to Eligible Very Low Income
Tenants..Six (6) two -bedroom units shall be rented to Eligible Low Income Tenants.
d. Unit locations shall be subject to review and approval by City's Director of
Planning.
3.2 Rental Rates. Monthly rents for the Units (including the Utility
Allowance, and excluding any supplemental rental assistance from the State of California, the
federal government or any other public agency) shall not exceed one -twelfth (1/12) of the
Affordable Rent adjusted for family size appropriate for the Unit. The rental rates for the Units
shall be adjusted annually based upon current updates of HUD income and rent standards. In no
event shall any of the Units be rented at a rate greater than the Affordable Rent applicable to the
particular Unit.
OWNER UNDERSTANDS. AND Ki'ilOWINGLY 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.
Owner's initials
3.3 Occupancy y Eligible Tenant. A Unit occupied by an Eligible
Tenant shall be treated as occupied by an Eligible Tenant until such Unit is vacated. A Unit
previously occupied by an Eligible Tenant and then vacated shall be considered occupied by an
Eligible Tenant until reoccupied (other than for a temporary period) at which time.the character
of the Unit shall be re -determined. In no event shall such temporary period exceed thirty-one
(31) days.
If at any time a tenant's household income increases, resulting in
disqualification of such tenant as an Eligible Very Low Income Tenant, such tenant shall have a
period of ninety (90) days to relocate from the Site. The disqualified tenant shall be fully
responsible for the costs and expenses related to the relocation. Should such tenant face
4
PDA:fountainglen:city affordable housing covenants -.final
extraordinary hardship in relocating from the Site, the tenant may submit a written appeal to the
City requesting an extension of the time period within which the tenant must relocate. Upon
receipt of the written appeal, the Planning Director in his sole discretion may extend the
relocation period for up to a maximum of ninety (90) additional days. Pursuant to this Paragraph
3.3, Owner will at all times be deemed in compliance with this Agreement during such
disqualified tenant's relocation period, as extended.
3.4 Income Computation. Immediately prior to a prospective Eligible
Tenant's occupancy of a Unit, Owner shall obtain and maintain on file an income computation
and certification form from each such prospective Eligible Tenant dated immediately prior to the
date of initial occupancy in a Unit by such prospective Eligible Tenant. Owner shall use its best
efforts to verify that the income information provided by an applicant is accurate by following
the City of Huntington Beach Redevelopment Agency's Housing Rehabilitation Loan Program
Policies and Procedures and by taking one or more of the following steps as a part of the
verification process: (i) obtain two (2) pay stubs from the most recent pay periods; (ii) obtain a
written verification of income and employment from applicant'.s current employer; (iii) obtain an
income verification form from the Social Security Administration and/or California Department
of Social Services if the applicant receives assistance from either agency; (iv) if an applicant is
unemployed or did not file a tax return for the previous calendar year, obtain other verification of
such applicant's income as is reasonably satisfactory; or (v) obtain such other information as
may be reasonably required. Owner shall update the foregoing records annually and shall
provide copies of updated tenant eligibility records and monthly rental records to the City for
review. Upon review of such records, the City may at its option and expense perform an
independent audit of the tenant eligibility records. in order to verify compliance with the income
and affordability requirements set forth herein. Owner shall retain the records described in this .
Section 3.4 for a period of three years after the date the respective records were created.
3.5 Rental Priority. Units shall be rented to Eligible Tenants on a first -
come, first -served basis; provided, however, that Owner may, in Owner's sole discretion,
maintain an "interest list" or "eligibility list" of potential tenants; provided, however, that Owner
shall not be liable to City or any person, firm, or entity in the event a Unit is rented to a person
who is not on any such list or is on such list but is listed lower than another person on such list.
3.6 Reserved.
3.7 Maintenance of Records. Owner shall maintain complete and accurate
records pertaining to the Units, and shall permit any duly authorized representative of the City to
inspect the books and records of Owner pertaining to the Project including, but not limited to,
those records pertaining to tenant eligibility and occupancy of the Units. Records pertaining to
the Project and Units shall be retained for a period of five (5) years after the termination of this
Agreement; records pertaining to tenant and eligibility shall be retained for the period set forth in
Section 3.4.
3.8 Reliance on Tenant Representations: Each tenant lease shall contain a
provision to the effect that Owner has relied on the income certification and supporting
information supplied by the tenant in determining qualification for occupancy of a Unit, and that
PDA:fountainglen:city affordable housing covenants - final
•
•
any material misstatement in such certification (whether or not intentional) will be cause for
immediate termination of such lease.
3.9 Conflicts. The rental priority provision set forth in Section 3.5 shall
apply only in the event, and to the extent, such provisions are not in conflict with any applicable
federal or state law or any regulatory agreement affecting the Project that is recorded in superior
priority to this Agreement.
4. MAINTENANCE
4.1 Maintenance Covenant. Owner agrees to maintain all interior and
exterior improvements, including landscaping, on the Site in good condition and repair (and, as
to landscaping, in a healthy condition), reasonable wear and tear excepted, and in accordance
with all applicable laws, rules, ordinances, orders, and regulations of all federal, state, county,
municipal, and other governmental agencies and bodies having or claiming jurisdiction
(including, but not limited to, Federal Housing Quality Standards as set forth in 24 C.F.R.
982.401). In addition, Owner shall keep the Site free from all graffiti and any accumulation of
debris or waste material. Owner shall make all repairs and replacements necessary to keep the
improvements in good condition and repair and shall promptly eliminate all graffiti and replace
dead and diseased plants and landscaping with comparable approved materials. The
maintenance covenant contained in this Section 4.1 shall remain in effect for the term of this
Agreement.
4.2 . City Rights. City shall have the right to enter upon the Site to inspect
both the interiors and exteriors of the Site, upon seventy-two (72) hours written notice to Owner.
City may perform or cause to be performed the maintenance necessary to cure any default of
these maintenance covenants and Owner shall be liable for payment to City for City's reasonable
costs (excluding staff salaries and overhead and other similar costs) to perform such required
maintenance; provided, however, that Owner first be given written notice by City of the actions
required to cure any default, and Owner, after receipt of such notice, shall have sixty (60) days to
cure such defaults, but Owner shall not be deemed in default of the foregoing maintenance
covenant if such default cannot reasonably be cured within the sixty (60) day period referenced
above so long as Owner has commenced to cure such default within the same sixty (60) day
period and is diligently proceeding with the work to cure such default. Notwithstanding the
foregoing, if any property conditions are reasonably identified by City after a property inspection
attended by a representative of Owner that pose an immediate danger to life or limb, Owner shall
have three (3) days to effect corrections of such condition(s) to City's reasonable satisfaction.
4.3 Annual Report. Owner covenants and agrees to submit to the City
an annual report (the "Annual Report") which shall include for each Unit the rental rate and the
income and family size of the occupants, and shall also include the records described in Section
3.7 herein. The income information shall be supplied by the tenant in a certified statement on a
form provided by the City. The Owner shall submit the Annual Report on or before the end of
the first calendar quarter of the year following the year covered by the Annual Report. The
Owner shall provide for the submission of such information in its leases with tenants. City shall
not charge Owner a fee for reviewing the Annual Report.
6
PDA:fountainglen:city affordable housing covenants - final
0
5. ENFORCEMENT. In the event Owner defaults in the performance or
observance of any covenant, agreement or obligation of Owner pursuant to this Agreement, and
if such default remains uncured for a period of sixty (60) days after written notice thereof (or
such longer period as may apply to the specific alleged default) shall have been given by City,
or, in the event said default cannot be cured within said time period, Owner has failed to
commence to cure such default within said sixty (60) days and diligently prosecute said cure to
completion; then City shall declare an "Event of Default" to have occurred hereunder, and, at its
option, may take one or more of the following steps:
(a) By mandamus or other suit, action or proceeding at law or in equity,
require Owner to perform its obligations and covenants hereunder or enjoin any acts or things
which may be unlawful or in violation of this Agreement; or
(b) Take such other action at law or in equity as may appear necessary or
desirable to enforce the obligations, covenants and agreements of Owner hereunder.
6. NONDISCRIMINATION. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, creed, religion, sex,
sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the Site, or any part thereof, or in the awarding of
contracts for the Project, nor shall Owner, 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 Site; or any part thereof, or in the awarding of contracts for the Project (except as
permitted by this Agreement).
Owner shall comply with all applicable federal, state and local nondiscrimination,
fair housing, and equal opportunity requirements. In addition, Owner shall conduct affirmative
marketing and minority outreach activities as required by federal regulations.
6.1 Form of Nondiscrimination and Nonsegregation Clauses. The Owner
shall refrain from restricting the rental, sale or lease of the Property on the basis of race, color,
creed, religion, sex, sexual orientation, marital status, national origin or ancestry of any person.
All such deeds, leases or contracts shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
(a) In Deeds: "The grantee herein covenants by and for himself,
his heirs, executors, administrators and assigns, and all persons claiming under or through him,
that there shall be no discrimination against or segregation of, any persons or group of persons
on account of race, color,.creed, religion,.sex, sexual orientation, marital status, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land
herein conveyed, nor shall the grantee himself or any person claiming under. or through him,
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 in the land herein conveyed. The foregoing covenants shall run with the land.
7
PDA:fountainglen:city affordable housing covenants - final
(b) In Leases: "The lessee herein covenants by and for himself, his
heirs, executors, administrators and assigns, and all persons claiming under or through him, and
this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person
or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital
status, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure
or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under
or through him, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy, of tenants,.
lessees, sublessees, subtenants, or vendees in the land herein. leased.
(c) In Contracts: "There shall be no discrimination against or
segregation of any person, or group of persons on account of race, color, creed, religion, sex,
sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person
claiming under or through him, establish or permit any such practice or practices of
discrimination or segregation with reference to the lessees, subtenants, sublessees or vendees of
the land."
7. COVENANTS TO RUN WITH THE LAND. Owner hereby subjects the
Site to the covenants, reservations, and restrictions set forth in this Agreement. Owner hereby
declares its express intent that all such. covenants, reservations, and restrictions shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors in
title to the Site;.provided, however, that on the expiration of the term of this Agreement said
covenants, reservations and restrictions shall expire automatically, without further action by any
party, except the nondiscrimination covenants contained in Section 6 and Section 6.1 shall
remain in perpetuity. Subject to Section 12 herein, all covenants without regard to technical
classification or designation shall be binding for the benefit of the City, and such covenants shall
run in favor of the City for the entire term of this Agreement, without regard to whether the City
is or remains an owner of any land or interest therein to which such covenants relate.
8. ATTORNEYS' FEES. In the event that any legal action arises by reason of
the breach of any covenant in this Agreement, or otherwise arising out of this Agreement, each
party shall bear its own attorneys' fees, and the prevailing party in such action shall not be
entitled to recover from the non -prevailing party reasonable attorneys' fees and costs. Attorneys'
fees shall include attorneys' fees on any appeal, and in addition, all other reasonable costs for
investigating such action, including the conducting of discovery, and expert witness fees.
9. AMENDMENTS. This Agreement shall not be amended without the express
prior written consent of the City, and it shall be amended only by a written instrument executed
by the Owner or its successors in title, and duly recorded in the real property records of the
County of Orange.
10. NOTICE. Any notice required to be given hereunder shall be made in writing
and shall be given by (i) personal delivery, (ii) courier service that provides a receipt showing
date and time of delivery, or (iii) certified or registered mail, postage prepaid, return receipt
PDA:fountainglen:city affordable housing covenants - final
requested, at the addresses specified below, or at such other addresses as may be specified in
writing by the parties hereto:
City: Director of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Owner: Fountains Huntington Beach, LLC
4220 Von Karman, Second Floor
Newport Beach, CA 92660
Notices personally delivered or delivered by courier shall be effective upon receipt. Mailed
notices shall be effective on the earlier of receipt or Noon on the second calendar day following
deposit in the United States mail.
11. SEVERABILITY/WAIVER/INTEGRATION.
11.1 Severability. If any provision of this Agreement shall be invalid, illegal
or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall
not in any way be affected or impaired thereby. .
11.2 Waiver. A waiver of the performance of any covenant or condition
herein shall not invalidate this Agreement nor shall it be considered a waiver of any other
covenants or conditions, nor shall the delay or forbearance in exercising any remedy or right be
considered a waiver of, or an estoppel against, the later exercise of such remedy or right.
12. USE RESTRICTIONS. During the Affordability Period, Owner shall take
all reasonable steps necessary to ensure that each Tenant of a Unit and all assignees and
transferees 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 identifies this Agreement
by reference and makes this Agreement available for review by each Tenant in the Site
manager's office. In addition, during the Affordability Period, each lease for any of the Units on
the Site shall contain provisions that such Units shall be occupied, used, and maintained as
follows:
(A) the 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 unreasonable 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
9
PDA:fountainglen:city affordable housing covenants - final
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;
(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.
12: Subordination to Trust Deeds. Notwithstanding any other provision in this
Agreement to the contrary, the covenants and restrictions 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 (including Fannie Mae or Freddie Mac) to secure a loan for the financing of
the Site or the Project, including without limitation any deed of trust recorded concurrently
herewith. City agrees, at no expense to City, to execute such documents as 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 financing of the Site or the Project. Owner, its successors or assigns, or the
benefited lender shall be responsible for preparing the document(s) creating such subordination
of City's interest..
12. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of California.
REST OF PAGE INTENTIONALLY LEFT BLANK
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PDA:fountainglenxity affordable housing covenants - final
13. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall constitute one original and all of which shall be one and the
same instrument.
IN WITNESS WHEREOF, Owner has executed this Agreement by and through its duly
authorized representative on the date first written hereinabove.
Owner:
Fountains Huntington Beach, LLC,
a Delaware limited liability company
By: FountainGlen Properties LLC,
A Delaware limited liability company
Its sole member
B
Glenn L. Carpenter, President and
Chief Executive Officer
INIT ED AND APPROVED:
DAVor of Planning
11
PDA:fountainglen:city affordable housing covenants - final
City:
Mayor
APPROVED AS TO FORM:
City Attorney
�z
REVIEWED AND APPROVED:
AaI04 _
Avo�_
City Administrator�L`�
ATTEST:
City Clerk 1-3 �.c2
CALIFORNIA ALL-PURPOGACKNOWLEDGMENT •
State of /"d f/ tcU,�=, "0 //4
County of
On ke-
i;,�,'-
Fate Name and Title of Officer (e.g., "Jane Doe, Notary blic")
personally appeared �� b� h e / �-, DU",/—_
Name(s) of Signers)
personally known to me - OR -'proved to me on the basis of satisfactory evidence to be the person(4
whose names) is/ara subscribed to the within instrument
and acknowledged to me that-Ifie/sheAliey executed the
same in hWher/their authorized capacity(iee), and that by
hWher/their signatures) on the instrument the personksj,
VIRGINIA R. MELTON or the entity upon behalf of which the person(o acted,
CanmisiOn*1Z90M executed the instrument.
Notary Public - CaRfartfdo I
Orange County r
�R WITNESS my hand and official seal.
Sig-flnrure 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 I
Document Date;
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
ID
J
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
70
El
El
El
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Individual
Corporate Officer
Title(s):
Partner — ❑ Limited E. General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
.p
of thumb her
0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800.876.6827
CALIFORNIA ALL-PURPO* ACKNOWLEDGMENT •
State of
On `T_,42!j464zjV ✓�OoZdULbefore me,
f1late Name and Title of Officer (e.g., "Jane Doeleflotary Public")
personally appeared v44-7 ,
Name(g) of Si r s
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(&}_
whose names) isLarasubscribed to the within instrument
and acknowledged to me that 4te/sheAlley executed the
same in *s/her/# ieir authorized capacity4i&s), and that by
1*/her/%heir signature(-&) on the instrument the person(--:;.),VIRGINIA R. MELTON
Commhsion # 1290573 or the entity upon behalf of which the person{ acted,
Notary Public - California T executed the instrument.
Orange County
h0lyCcrrrn"Ejq*wjan13,2M5 WITNESS my hand and official seal.
Signature of NotA Public
0PTI CAL
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 Typ
Document
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
of thumb here
Signer's Name:
El
El
El
11
El
El
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
.. .
01995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California .
County of bra-�"�� ss.
OnLdember21 2U0l. before me, 6,niur) lit W / t� _,
Date ,� _ ,N Namaland Title of Officer (e.g., "Jane Doe, Notsfy Public')
personally appeared
.-
CAROLYN M. WHANG,�
U
COMM. #1325676
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NOTARY PUBLIC -CALIFORNIA /0/�
11I
ORANGE COUNTY
My Comm. Expires Oct. 16, 2005
Place Notary Seal Above
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person�< whose nameX is/peI5
subscribed to the within instrument and
acknowledged to me that heey executed
the same in hisAierA *& authorized
capacity{ies4, and that by his"i�reTr-
signaturEj4 on the instrument the person, or
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Sign r of Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another doguni
Description of Attached Document
Title or Type of Document:
Document Date:
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Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _i /
❑ Partner — ❑ Limited ❑ Ge' eral
❑ Attorney in Fact
❑ Trustee /'
[I Guardian or onservator
❑ Other:
Representing:
of Pages:
document
RIGHT THUMBPRINT
OF SIGNER
Q 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
•
.'7
EXHIBIT "A"
LEGAL DESCRIPTION OF THE SITE
12
PDA:fountainglen:city affordable housing covenants - final
DEC 27 '01 12:14 FROMIAC GULF EXEC OFCS 7142235034 T-333 P.02/03 F-132
CITYOF HUNTINGTON 6F. H
LOT UNE ADJUSTMENT
LL
MAP
OWNERS EXISTING PARCELS PROPOSED PARCELS
AP NUMBER REFERENCE NUMBER
SHED VICKERS DEVELOPMENT LLC 023-010-27 PARCEL 1
VICTORIA WOODS -FESTIVAL, LLC 023-010=10 do 023-010=27 PARCEL 2
EXHIBIT " 9'
IMUD
PROPOSED LOT LINES
EXISTING LOT LINES.
--- REMOVED LOT LINES.
�7nNILLD 5TRE I Ay llVft
POWs of , ; 0 Kw �1 �v �: aEACH POWs OF
BE�1 m �+ ;; 20 I BLOCK 2' 1B
PARC 1 PARCEL 2
PARCEj, T 1952� 02'
0.895 ACRES N air
228.0. L 13 nJ.9s CLAY AVENUE
/ PARCEL 2
Lit w SZ2 ACRES
/ r 'ggil
C3 / L7
.�
A
1� •g9�' J 0 E \�
SHEET I OF 2
DEC 27 '01 12:14
FROM:PAC GULF EXEC OFCS
7142235034 T-333 P.03/03 F-132
CIT NDF HUNTINGTON BE&H
LOT UNE ADJUSTMENT
LL 00 02
LEGAL DESCRIPTION
OWNERS EXISTING AP NUMBER I REFERENCE NUMBER
SHEA WCKERS DEVELOPMENT LLC 023--010-27 PARCEL 1
VICTORA WOODS —FESTIVAL, LLC 023-010-10 do 023-010-27 PARCEL 2
PARCEL 2
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 4, SAID POINT ALSO
BEING ON .THE CENTERLINE OF MAIN STREET, 120.00 FEET WIDE AS SHOWN ON
THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 96.3, RECORDED FEBRUARY 28,
1996 AS INSTRUMENT NO. 19960095324 OF OFFICIAL RECORDS; THENCE SOUTH
19'15'35" WEST 524.14 FEET ALONG SAID CENTERLINE OF SAID MAIN STREET;
THENCE LEAVING SAID CENTERLINE NORTH 89040101" WEST 63.43 FEET TO THE
WEST RIGHT OF WAY OF MAIN STREET AS SHOWN ON SAID CERTIFICATE OF
COMPLIANCE; THENCE SOUTH 19°15'35" WEST 97.66 FEET ALONG SAID WEST RIGHT
OF WAY OF SAID MAIN STREET TO THE MOST SOUTHERLY CORNER OF' SAID
PARCEL 4; THENCE NORTH 76°57'53" WEST 243.09 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 435.00 FEET;
THENCE SOUTHWESTERLY 298.45 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 39018'36" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 222.00 FEET, A RADIAL LINE TO SAID
POINT HEARS NORTH 26016'29" WEST; THENCE WESTERLY 60.04 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 15029'43 TO THE BEGINNING OF A
COMPOUND CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 35.00 FEET,
A RADIAL LINE TO SAID POINT BEARS SOUTH 10°46'46" EAST; THENCE NORTHERLY
61.58 FEET ALONG SAID CURVE THROUGH A CENTRAI. ANGLE OF 100048'02" TO THE
WEST LINE OF SAID PARCEL 4; THENCE NORTH 00001' 16" EAST 204.41 FEET TO A
TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 120.50 FEET;
THENCE NORTHEASTERLY 151.37 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 71°58'27"; THENCE NORTH 00018'36" EAST 235.57 FEET TO THE
CENTERLINE OF CLAY AVENUE AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE;
THENCE SOUTH 89041 '24" EAST 909.76 FEET ALONG SAID CENTERLINE OF CLAY
AVENUE TO THE POINT OF BEGINNING.
PARCEL 2 CONTAINING 415,067 SQUARE FEET OF 029 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
t 0- 1;�7
SHEET 2 OF 2
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT:- Affordable Housing Agreement (Fountains)
COUNCIL MEETING DATE: January 22, 2002
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
Resolution (w/exhibits & legislative draft if applicable)
Attached
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) .
Attached
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,006)
Attached
Bonds (If applicable)
Attached
Staff Report (If applicable)
Attached
Commission, Board or Committee Report (If applicable)
Attached
Findings/Conditions for Approval and/or Denial
Attached
EXPLANATION=FOR`MISSING:ATTACHME-NTS' '_
�EXPLANATION'FOR RETURN OF ITEM: r �, a ,;,
RCA Author: