Loading...
HomeMy WebLinkAboutOCEANCREST NEW ROSEBUD, INC. - 1996-02-05l j CITY OF HUNTINGTON BEACH C INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: CONNIE BROCKWAY, City Clerk FROM: GAIL HUTTON, City Attorney SUBJECT: NUWI-OCEANCREST AFFORDABLE HOUSING COVENANTS EXHIBIT "B" - SUPPLEMENTAL MEMORANDUM; RLS # 97-953 DATE: FEBRUARY S, 1998 The above referenced document has been approved as to form and may be recorded. GAIL HUTTON City Attorney cc: Melanie Fallon, Director of Community Development g*98memos:atrord rls 97-953, 98-0022 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. u ► : u u•::►Dili u 5 01}1► (AffordableRental THIS SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Supplemental Memorandum") is entered into this 12th day of December 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and NUWI - Oceancrest 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 sixty-five (65)residential housing units located on the Site. B. On or about April 15, 1996, City and Owner entered into that certain Agreement Containing Covenants Affecting Real Property with respect to the Site (the "Agreement"), a true and correct copy of which Agreement was recorded on May 20, 1996, as Instrument No. 19960251558 in the Official Records of the Orange County Recorder's Office. C. Pursuant to Section I(B) of the Agreement, as soon as the thirty-third (33rd) "Affordable Unit" was rented to a "Low or Moderate Income Household" (as those terms are defined in the Agreement) on the Site, City and Owner agreed to cooperate in the recordation of Exhibit "B" Page I of 4 4:97-Misc:huwI 1023 RLS97-7049 this Supplemental Memorandum memoralizing the expiration date of the "Affordability Period" (as that term is defined in the Agreement). D. City and Owner agree that the thirty-third (33rd) Affordable Unit on the Site was rented to a Low or Moderate Income Household on May 22, 1997. 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 I(B) of the Agreement shall expire on May 22, 2027 (the thirtieth (30th) anniversary of the date that the thirty-third (33rd) Affordable Unit on the Site was rented to a Low or Moderate 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. [rest of page intentionally left blank] Exhibit "B" Page 2 of 4 4:97-Misc:Iti UM 1023 RLs97-709 EK • • 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 Agreement Containing covenants Affecting Real Property to be effective as of the date first written above. OWNER: NUWI - Oceancrest L.P., a California Limited Partnership By: New Rosebud, Inc., a California corporation B�� Its: By: Its: L' oT REVIEWED AND APPROVED: Ack►N1 City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation Mayor MU-���6 City Clerk APPROVED AS TO FORM: City ttorney 7 I�AED AND APPROVED: Director of Comnfunity Development Exhibit "B" Page 3 of 4 4:97-Misc:NUW11023 RLS97-709 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF THE SITE [to be inserted] Exhibit "S" Page 4 of 4 4:97-Misc:NUWI 1023 RLS97-709 ALTA OWNERS POLICY ATTACIUMENT NO. 1 OR-9433664 . TrME OFFICER . RE AER 1*14: 1 1:3 f mfN ALL THAT CERTAIN LAND SITUATED IN. THE STATE OF CALIFORNIA, COUNTY -'OF ORANGE, -CITY OF HUNTINGTON BEACH, DESCRIBED AS FOLLOWS: THE EAST 10 ACRES OF THE WEST 15 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2E IN TOWNSHIP S SOUTH, RANGE 11 WEST, IN THE RANCHO LAS SOLSAS AS SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 23 PAGE 25, OF RECORD OF SURVEYS, OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION LYING EAST OF A LINE PARALLEL WITH AND 627 FEET WEST FROM THE EAST LINE OF SAID SECTION. ALSO EXCEPTING THEREFROM THE WEST 237.80 FEET OF THE EAST 864.90 FEET OF THE SOUTH 217.33 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, (MEASURED ALONG THE SIDE LINES OF SAID SOUTHEAST QUARTER.) ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN 7I1E NORTH ONE-HALF OF THE SOU T HEAST QUARTER OF THE SOUTHEAST (QUARTER OF SAID SECTION 26. ALSO EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MARCH 4, 1964 IN BOOK 6949, PAGE 170 Or OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM AN UNDDIIDED 1116TH INTEREST IN ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED BY DELOS R. PIERCE AND WIFE, IN DEED RECORDED MAY 20, 1953. ALSO EXCEPTING THEREFROM THE REMAINDER OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON LYING BELOW A DEPTH OF 500 FEET, WITHOUT RIGHT OF SURFACE ENTP.Y, AS RESERVED BY EDGAR C. SCOTT AND WIFE, IN THAT CERTAIN LEASE RECORDED MARCH 22, 1976 IN BOOK 11679 PAGE 691,. OFFICIAL RECORDS. J. 1 1i1riT1NrT0W BEACH �g- K T T 9-9 Date CITY OF HUNTINGTON. BEACH INTER -DEPARTMENT COMMUNICATION Meeting Date: Connie Brockway, City Clerk Office of the City Clerk ti k _7 Agenda Item: AlDpro-y-cd City Council Agenda Items: The City Clerk's Office is unable to proceed with the execution of the attached Agenda Item due to the following requirements that have not been met. When your Agenda item is rea 6o resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. - V Signature(s) Needed A On RCA B On Agreement C Other 2. 1 Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. 1 Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on [his item. iSee form attached) 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. 1 City Attorney Approval Required 7. 1 Agreement Needs To Be Changed A Page No. 8. Other G'a8endWmi9r/rcar1d LJAo CITY OF HUNTINGTON BEACH Le" INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: CONNIE BROCKWAY, City Clerk FROM: GAIL HUTTON, City Attorney SUBJECT: NUWI-OCEANCREST AFFORDABLE HOUSING COVENANTS FIRST AMENDMENT TO AGREEMENT; RLS # 98-0022 DATE: FEBRUARY 5, I998 The above referenced document has been approved as to form and may be recorded. el I / GAIL HUTTON City Attorney cc: Melanie Fallon, Director of Community Development g*98memos:aflbrd rls 97-953, 98-0022 r 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. --- (Affordable ReHousing) THIS SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Supplemental Memorandum") is entered into this 12th day of December 1996, by and between the CITY OF HUNTrNGT0N BEACH, a municipal corporation ("City"), and NUWI - Oceancrest L.P., a California Limited Partnership ("Owner"). RE-CITALS:. 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 sixty-five (65)residential housing units located on the Site. B. On or about April 15, 1996, City and Owner entered into that certain Agreement Containing Covenants Affecting Real Property with respect to the Site (the "Agreement"), a true and correct copy of which Agreement was recorded on May 20, 1996, as Instrument No. 19960251558 in the Official Records of the Orange County Recorder's Office. C. Pursuant to Section I(B) of the Agreement, as soon as the thirty-third (33rd) "Affordable Unit" was rented to a "Low or Moderate Income Household" (as those terms are defined in the Agreement) on the Site, City and Owner agreed to cooperate in the recordation of Exhibit "B" Page 1 of 4 4:97-Misc:NUWI1023 RLs97-709 0 r --this Supplemental Memorandum memoralizing the expiration date of the."Affordability Period" (as that term is defined in the Agreement). D. City and Owner agree that the thirty-third (33rd) Affordable Unit on the Site was rented to a Low or Moderate Income Household on May 22, 1997. 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 I(B) of the Agreement shall expire on May 22, 2027 (the thirtieth (30th) anniversary of the date that the thirty-third (33rd) Affordable Unit on the Site was rented to a Low or Moderate 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 currenvowner'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. [rest of page intentionally left blank] Exhibit "B" Page 2 of 4 4:97-Misc:NUWI1023 RLS97-709 • • T AGklwl 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 Agreement Containing covenants Affecting Real Property to be effective as of the date first written above. OWNER: CITY OF HUNTINGTON BEACH, NUWI - Oceancrest L.P., a California a municipal corporation Limited Partnership By: New Rosebud, Inc., a California corporation Mayor B ATTEST: Its: ram; a By: City Clerk Its: Go�, a,-� �-a..t� APPROVED AS TO FORM: r r Cuty/t) ttorney q1 _, ?-S o ti�l REVIEWED AND APPROVED: iTWfEA D AND APPROVED: Qom_ City Ad >nistrator Director of Conindmity Development Exhibit "B" Page 3 of 4 4:97-Misc:NUWI1023 RLS97-709 r ATTACHMENT NO. 1 LEQALr 12ESCWPTION OF THE SITE [to be inserted] Exhibit "B" Page 4 of 4 4:97-Misc:NUW11023 RL597-709 0 ALTA OWNERS POLICY ATTACITMENT NO. 1 4R-9433664 . r THE OFFICER - REWER. EXHIBIT "A" ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY 'OF ORANGE, CITY OF HUNTINGTON BEACH, DESCRIBED AS FOLLOWS: THE FAST 10 ACRES OF THE WEST 15 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IN TOWNSHIP S SOUTH, RANGE 1 I WEST, IN THE RANCHO LAS BOLSAS AS SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 23 PAGE 25, OF RECORD OF SURVEYS, OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION LYING EAST OF A LINE PARALLEL WITH AND 627 FEET WEST FROM THE EAST LINE OF SAID SECTION. ALSO EXCEPTING THEREFROM THE WEST 237.80 FEET OF THE EAST 864.80 FEET OF THE SOUTH 217.33 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, (MEASURED ALONG THE SIDE LINES OF SAID SOUTHEAST QUARTER.) ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE NORTH ONE-HALF OF THE SOU T HEAST QUARTER OF THE SOUTHEAST (QUARTER OF SAID SECTION 26. ALSO EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MARCH 4, 1964 IN BOOK 6949. PAGE 170 01; OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM AN UNDWIDED 1/16TH INTEREST IN ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED BY DELOS R. PIERCE AND WIFE, IN DEED RECORDED MAY 20, 1953. ALSO EXCEPTING THEREFROM TINE REMAINDER OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON LYING BELOW A DEPTH OF 500 FEET, WITHOUT RIGHT OF SURFACE ENTRY. AS RESERVED BY EDGAR C. SCOTT AND WIFE, 1N THAT CERTAIN LEASE RECORDED MARCH 22, 1976 IN BOOK 11679 PAGE 681,- OFFICIAL RECORDS. 14 � A- f-V Apt. S 45W-00.7,2 DATE: TO: FROM: �23 EU C-*9 Connie Brockway, City Clerk ITEM: E—A Y4. / q1.3 z5 - - Date Approved: The above item can be officially filed if the following requirements are met: ��:-:_�-ram, ro llr�144� 9" PA40f� (JAaa4- In order for the City Clerk's Office to proceed, please check as applicable: OR The necessary requirements will be provided by Date A) ) lCompletion of this item is no longer necessary. Department Head Signature City Attorney Deputy City Attorney cc: City Attorney City Administrator V) r —wrnitiai, aate, ana return to: Assignment Form %Iae Office of the City Clerk Today's Date 1b 9.7 Date needed _ � 'f• Research Notes: G:formslassign.doc From the desk of. so r DATE: TO: mom. $A AWAXWO - � FROM: Connie Brockway, City Clerk suB ECT : COMPLETION BY..YOUR. DEPAR:TMENT:OF CITY ITEM: E- a.�,� X...G A -- Date Approved: w -ice ti" 1A.� L,P. The above item can be officially filed if the following requirements are met: L In order for the City Clerk's Office to proceed, please check (✓) as applicable: �) The necessary re uirements will be provided by Q," OR ( ) Completion of this item is no longer necessary. Department Head Signature cc: City Attorney City Administrator City Attorney Deputy City Attorney ID • DATE: SUBJECT: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION Melanie Fallon, Director of Community Development Gail Hutton, City Attorney February 19, 1997 Oceancrest Affordable Housing Covenants Transmitted with this memo is the revised affordable housing document for Oceancrest. The document submitted by the Developer did not accurately portray the conditions of approval for the tract in question, nor did it accurately describe the Y�- Previous affordable housing agreement between the Developer and the City ; therefore, we had to substantially rewrite the document. We also removed some nonsensical language regarding the ineffectiveness of the covenants if a third party challenges the approval of the entitlements. The property in question is already encumbered by affordable housing restrictions; these covenants make some of the units more affordable, and specifically identify 18 of n _ the units as counting to the requirements of this tract. We understand that the Developer wants to record the document as soon as possible. Please note that if the Coastal Commission modifies the affordable housing requirements on the project, the document may have to be changed accordingly. GAIL HUTTON City Attorney Attachment: First Amendment to Agreement 4/s:G:4-97-Memos:Affhousg RETURN AD DR s L Cp Regretfully y r unrecorded. Qit�� naming together wit dour remittance Ck, No' Is being returned as your document is?8ficient in the areas) indicated below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county. Please forward your document to County Recorder. (3) For proper indexing: a. "Et ai" is not acceptable; all parties must be named. b, The name of the company, corporation or partnership must be at the signature point, c. The trustee of a trust must be identified as such. d, The names in the caption, execution and notary acknowledgment must match. e. The caption of the document and signature point need to identify who the custodian/agent represents (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No consideration," document must so stale. (5) The city where the property is located or "unincorporated area," is required on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is required. Please complete or correct the areas marked in red. (7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A "General Acknowledgment" form is required. (See enclosed sample.) (8) The notary seal is illegible. You may have the notary restamp the document clearly or you may complete the enclosed certification under the penalty of perjury. Adding the 'Penalty of Perjury" statement will increase the fee by $ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a new original, or complete the enclosed certification under penalty of perjury. Adding the `Penalty of Perjury" statement will increase the fee by (10) The legal description/exhibit has been omitted. All exhibits must be referenckin the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be named and identified (i.e. owner etc.). 1 (14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, it the debtor does not own the real property, the name of the owner. (15) We have received your check without a document or letter of instruction. We are unable to determine the intent of the fees. (16) The correct fee is $ If an attachment is added to the document, the fee will increase as stated on the ttached tee schedule. �( --Z—(17) OTHER: THANK YOU FOR YOUR COOPERATION GARY L. GRANVILLE, COUNTY CLERK -RECORDER Please return to: , Clerk -Recorder BY P.O. Box 238 f] .pv y Recorder Santa Ana, CA 92701 M 41 834-2887 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HU•NTINGTON BEACH TO: Ray Silver, Acting City Administrator City Attorney FROM: Connie Brockway, City Clerk SUBJECT: Affordable Housing Agreement - TT 14134 Surfcrest and TT 14007 and 14009 (Hamptons) DATE: March 6, 1996 As this document is already executed by the Mayor and City Clerk it cannot, leave the custody of the City Attorney, City Administrator, or City Clerk. Repairs to the document must take place at City Hall. Today the City Attorney concurred that the Affordable Housing Agreement must be recorded by the City Clerk in a manner consistent with usual city procedure rather than delaying recordation until the Clerk's Office receives a phone call from the developer to do so. In preparing this agreement to send to the Orange County Recorder I noticed that the developer affixed the incorrect Notary form for the Notary to use, which means the Orange County Recorder will be unable to record the agreement. There are also other deficiencies in the agreement. I am returning this agreement to your office to take to the City Attorney for confirmation of my concern as I am not an attorney and cannot advise the developer or the Community Development Department how to get this agreement in proper form. However, I would suggest that: (1) The developer's signature be acknowledged with the correct Acknowledgment Form. (A Jurat should not be used by the Notary on this agreement.) (2) The correct name of the Corporation entering into the agreement must be inserted on Page No. 1. C • (3) The Exhibit has been executed by the developer, City Administrator, and Community Development Director which will also prevent recordation. (The City Attorney's Office can print a new exhibit from their computer.) (4) The developer must have his signature acknowledged. It will be insufficient for the notary to attach an Acknowledgment Form in place of the Jurat form and insert the old date of February 9, 1996. A Deputy City Clerk will be glad to notarize Mr. Gunther's signature. I believe when the above four things are done the agreement will be in order. cc: Honorable Mayor and City Council (For information as to status of agreement referred to in letter to City Council dated 3/4/94) g Acbmemosoftem19&032 He >CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION ON BEACH TO: Honorable Mayor and City Council City Attorney City Administrator Assistant City Administrator FROM: Connie Brockway, City Clerk G� SUBJECT: Affordable Housing Agreement TT 14134 (Surferest) & TT 14007 and 14009 (Hamptons) Approved 217/96 Final Tract Map 14007 is Item E-2 on March 7, 1996 DATE: March 4, 1996 Mr. Tom Zanic informed me late Friday (March 1, 1996) that the Community Development Department advised his company that his company could have possession of the Affordable Housing Agreement approved on February 5, 1996, to record with the Orange County Recorder. Following my conversation with Mr. Zanic he now is aware that this document cannot leave the possession of the City Clerk and shall be sent to the recorder by the City Clerk. Because their company has a pending loan issue, Mr. Zanic requested that the recordation of the Affordable Housing Agreement be delayed to a date of which he will advise the City Clerk's Office. By this memorandum I am informing the City Council, City Attorney and City Administrator that unless instructed otherwise by the City Attorney, the City Clerk's Office will send the Affordable Housing Agreement to the Orange County Recorder on Tuesday, March 5, following execution of the document by the Mayor and City Clerk. This is the policy always followed for documents to be recorded by the City Clerk's Office unless advised otherWise by City Council motion. The City Council motion of February 5, 1996, approving this Affordable Housing Agreement did not address the timing of the recording of this agreement. Final Tract Map No. 14007 is being submitted for Council approval4&Aonight's City Council agenda (March 4, 1996). There may be confusion as to the procedure for Affordable Housing Agreements due to the fact that when another similar Affordable Housing agreement was presented for the City Clerk's signature it was made out for only the signatures of the Community Development Director and City Clerk and was not going to be sent to the City Council until the Clerk's Office requested the City Attorney to determine if Council approval was necessary. Currently there is another Affordable Housing Agreement for another tract that has been recorded by a developer who did so with the City Clerk's signature line being x'd out and only the Community Development Director signing. This Agreement did not go to Council and was recorded by the developer. The Community Development Department staff and the City Clerk's Office is working to have this document approved by Council and recorded properly. g:lcbmemos\96cbmem%9"31 cc • 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Bez 2000 Main Street Huntington Beach, CA 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. (AFFORDAB E RENTAL HOUSING) THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Agreement") is entered into this _, day of , 19 by and between the CITY OF HUNTINGTON BEACH, am unicipa"bcorporation ("City"), and RECITALS: A. Owner is the owner of record of that certain leasehold estate in real property (the "Site") located in the City of Huntington Beach, County of Orange State of California legally described in the attaches} Exhibit "A." There are currently sixty-fiv (65) residential housing units located on the Site. B. On July 10, 1990, the Planning Commission of City approlyed Tentative Tract Map No. 1.4134, and on July 23, 1991 approved Tentative Tract Maps No. 140 7 and No. 14009. City imposed conditions of approval on the Project, requiring the provision f a specified number of affordable housing units in conjunction with the new developments. NOW, THEREFORE, BASED UPON THE FOREGOING RECITALSN6ND FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFIC NCY OF WHICH IS ACKNOWLEDGED BY BOTH PARTIES, CITY AND OWNER A EE AS FOLLOWS: 1 4%misc\affdhous11 /8/96 RLS 95-466 RECEIVED CITY CLERh C! I y L?"LIF. MIR 6 3 to fil '96 • AFFORDABLE HOUSING (A) Number of Units. Owner agrees to make available, restrict occupancy to, and lease sixty-two (62) Affordable Units on the Site to "Moderate Income Households" and three (3) Affordable Units to "Low 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 sixty-five (65) 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 sixty-five (65) rental housing units shall be restricted as Affordable Units during the entire Affordability Period. As used in this Agreement, the term "Moderate Income Household" shall mean persons and families whose income does not exceed One Hundred Twenty percent (120%) of Orange County median income, and the term "Low 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. (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 thirty-third (33rd) Affordable Unit has been rented to a Low or Moderate Income Household. 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 eligible households in the ordinary course of business. The duration of this requirement shall be known as the "Affordability Period." As soon as the thirty-third (33rd) Affordable Unit has been rented to a Low or Moderate 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. As used in this Agreement, the term "Tenant" shall mean any person who is a party to a lease of any portion of the Site. 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 Low or Moderate 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 K 4lmiscla$fdhous1118196 RLS 95-406 • 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 percent (30%) times eighty percent (80%) of the monthly area median income for a household of four persons, and the Affordable Rent for Moderate Income Households shall be established at thirty percent (30%) times one hundred twenty percent (120%) of the monthly and median income. 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. 41miscaffdhoum PRi96 RL5 95-406 11 F,I OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. Owner'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 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 the City's Director of Community Development 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 identify 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. II. NON-DISCRIMINATION. 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 of the Iand 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 4 44ni sclatrdhous\ 1 /8/96 RLS 95-406 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." III. 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 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 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 the 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. IV. 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 unenforceable, 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 5 4'-m i s c'arrdh o u s ,118,' 96 RL5 95-406 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. V. 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 expiration 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) No Unintended Authorization. Nothing in the aforesaid Sections II and III of this document shall be construed to authorize the sale, sublease, assignment or other transfer of any interest ion the site if such sale, sublease, assignment or other transfer is not otherwise permitted. Balance of page intentionally left blank 6 44mis6afldhous1118/96 RLS 95-406 (C) 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 expense to City, that the City's Director of Community Development is auhtorized 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 benefited lender shall be responsible for preparing the document(s) for review and approval by the City Attorney creating such subordination of City's interest. IN WITNESS WHEREOF, City and Owner have executed this Agreement Containing Covenants Affecting Real Property to be effective as of the date first written above. OWNER: NUWI - OCEANCREST L.P. a California :Limited. Partnership By NEW ROSEBUD, INC., a California Corporation Its General Partner Its President REVIEWED AND APPROVED: y Administrator Mmiselaffdhousll 8l96 RLS 95-406 CITY OF HUNTINGTON BEACH, a municipal corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM: � 96 �w W ,ttorne _,1_4b INITIATED AND APPROVED: 7 Director of Community/Development JURAT Uoffuo- County 4, State of of 5S. GRETCHEN ROEDER a COMM. #1047625 z z Notary Public — Coflfomta LOS ANGELES COUNTY My Comm. Exp'rer DEC 18.1998 Subscribed and sworn to (or affirmed) before me this day of 19 qii , by Dat" klonix,,/ Year Name of Signer(S) (2) Name of SignenS) OPTIONAL Sigiature of Notary Public Though the information in this section 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 Top of ihu,nb 1 T p of humb r_ a Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 0 1995 National Notary ASSOpation • 8236 Aemmat Ave.. P.0- Box 7184 • Canoga Park. CA 9'.309-71 B4 Prod. No. 5914 Reorder Cad Toll•Frea 800-876-6827 0 0 ALTA OWNERS POLICY EXHIBIT "A" OR-9433664 TITLE OFFICER - RENE•R ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH_DESCR®ED AS FOLLOWS: THE EAST 10 ACRES OF THE WEST 15 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 5 SOUTH, RANGE 11 WEST, 1N THE RANCHO LAS BOLSAS AS SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 23 PAGE 25, OF RECORD OF SURVEYS, OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION LYING EAST OF A LINE PARALLEL WITH AND 627 FEET WEST FROM THE EAST LINE OF SAID SECTION. ALSO EXCEPTING THEREFROM THE WEST 237.80 FEET OF THE EAST 864.80 FEET OF THE SOUTH 217.33 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, (MEASURED ALONG THE SIDE LINES OF SAID SOUTHEAST QUARTER.) ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST (QUARTER OF SAID SECTION 26. ALSO EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MARCH 4, 1964 IN BOOK 6949, PAGE 170 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM AN UNDIVIDED 1116TH INTEREST IN ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED BY DELOS R. PIERCE AND WIFE, IN DEED RECORDED MAY 20, 1953. ALSO EXCEPTING THEREFROM rNE REMAINDER OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON LYING BELOW A DEPTH OF 500 FEET, WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY EDGAR C. SCOTT AND WIFE, IN THAT CERTAIN LEASE RECORDED MARCH 22, 1976 IN BOOK 11679 PAGE 681, OFFICIAL RECORDS. RECEIVED CITY CLERK CITY OF HUNTINCTO?i HACH, CALIF. MAR 6 3 46 PM '96 • i CALIFORNIA ALL-PURPORACKNOWLEDGMENT State of County of On 3. 519 to before me, Pate f� Name and fI 1 n AA • . , personally appeared Name(s) of Signer(s) (e g-, 'Jane hoe. Notary ❑ 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 MAYBRICE L JOHNSON same in his/her/their authorized capacity(ies), and that by 1= _ Comm. * 991M5 z his/her/their signature(s) on the instrument the person(s), Z Notary Public — Coldomia or the entity upon behalf of which the person(s) acted, ORANGE COUNTY My Comm. E30res MAY) 1, 1997 executed the instrument. WITNESS my hand and official seal. _SignaW of Notary Pu61 c 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 fo titoo Jannoothgr document. Description of Attached Document ( '` �/ Title or Type of Document: Document Date: -.,� 1!>!9ln Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 414,le- _-) Individual GI Corporate Officer Title(s): = Partner — ❑ Limited ❑ General C Attorney -in -Fact u Trustee C�Guardian or Conservator R)rOther: , _ Too of thumb here Signer Is Representing: c wc�, OO_- Signer's Name: Individual ❑ Corporate Officer Title(s): = Partner --- ❑ Limited ❑ General ❑ Attorney -in -Fact - Trustee r Guardian or Conserva r LP-bther: Top of ,nurro here Signer Is Representing: 0 1994 National Notary Association • 8236 Remmet Ave., PO. Boy 7184 • Canoga Park, CA 91309-7184 Prod No. 5907 Roomer: Call Toll -Free 1.800-876-6827 E C� 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 (Affordable Rental Housing) THIS SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Supplemental Memorandum") is entered into this day of , 199___, by and between the CITY OF HUNTIN`TGTON BEACH, a municipal corporation ("City"), and ("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 U residential housing units located on the Site. B. On or about , 1995, City and Owner entered into that certain Agreement Containing Covenants Affecting Real Property with respect to the Site (the 4 "Agreement"), a true and correct copy of which Agreement was recorded on 1995, as Instrument No. in the Official Records of the Orange County Recorder's Office. C. Pursuant to Section I(B) of the Agreement, as soon as the { d) "Affordable Unit" was rented to a " Income Household" (as those Exhibit "B" Pagel of 3 4:M isc: Renial11013195 RLS 95-406 0 0 terms are defined in the Agreement) on the Site, City and Owner agreed to cooperate in the recordation of this Supplemental Memorandum memoralizing the expiration date of the "Affordability Period" (as that term is defined in the Agreement). D. City and Owner agree that the on the Site was rented to a (_d) Affordable Unit Income Household on , 199. 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 I(B) of the Agreement shall expire on , 20_ (the thirtieth (30th) anniversary of the date that the (_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. [signatures on next page] Exhibit "B" Page 2 of 3 4:M =Renta111013195 RLS 95-406 0 0 IN WITNESS WHEREOF, City and Owner have executed this Agreement Containing covenants Affecting Real Property to be effective as of the date first written above. OWN -R: NUWI - OCEANCREST L.P. a Californid Limited Partnership By NEW ROSEBUD, INC._, a California Corporation Its General Partner By STEPHEN D. GUNTHER Its President 4: Misc:Rcntar%10l3r95 RL5 95-406 CITY OF HUNTINGTON BEACH, a municipal corporation ATTEST: City Clerk APPROVED AS TO FORM: City At�orney9� j a INITIATED AND APPROVED: Director of Comrnkfnity Development Exhibit `B" Page 3 of 3 dURAT State of n f A County of WS&a4�— SS. GRETCHEN ROEDER COMM. #1047625 z z : 'o Notary pu1711C — California x LOS ANGELES COUNTY Gamrr,. Expires DEC 18.1998 Subscribed and sworn to (or affirmed) before me this- day of 1' �� ! � , 19 , by S0 0p ttl Year Name o' Sigreris; (2) Narre of Spars) �WZA& &OQ S gnat ire of Netary PJCIic OPTIONAL Though the information in this section 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 Top o' th.r^h rlere i I .op ol. tlru --Ib -iere Title or Type of Document: S I Document Date: Number of Pages: i Signer(s) Other Than Named Above: i Z 1995 teal oral Nc1ar, Associal of • 9236 Remmet Ave . PO. Bcx 7184 • Canoga Par%. CA 91309 719a Prod. `a. 591 a Reorder: Cal To'l-Free 1-BC0-876-6827 i i ATTACHMENT NO. 1 LEGAL DESCRIPTION OF THE SITE LTA OWNERS POLICY OR-9433664 TITLE OFFICER - REiMER i ALL THAT CER T AIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, DESCRIBED AS FOLLOWS: THE EAST 10 ACRES OF THE WEST 15 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IN TOWNSHIPS SOUTH, RANGE 1 I WEST, IN THE RANCHO LAS BOLSAS AS SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 23 PAGE 25, OF RECORD OF SURVEYS, OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION LYING EAST OF A LINE PARALLEL WITH AND 627 FEET WEST FROM THE EAST LINE OF SAID SECTION. ALSO EXCEPTING THEREFROM THE WEST 237.80 FEET OF THE EAST 864.80 FEET OF THE SOUTH 217.33 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, (MEASURED ALONG THE SIDE LINES OF SAID SOUTHEAST QUARTER.) ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST (QUARTER OF SAID SECTION 26. ALSO EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MARCH 4, 1964 IN BOOK 6949, PAGE 170 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM AN UNDIVIDED 1/16TH INTEREST IN ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED BY DELOS R. PIERCE AND WIFE, IN DEED RECORDED MAY 20, 1953. ALSO EXCEPTING THEREFROM TIRE REMAINDER OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON LYING BELOW A DEPTH OF 500 FEET, WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY EDGAR C. SCOTT AND WIFE, IN THAT CERTAIN LEASE RECORDED MARCH 22. 1976 IN BOOK 11679 PAGE 681, OFFICIAL RECORDS. Attachment No. 1 4:Misc:Renta111013195 RLS 95-406 NEW URBAN WEST, INC. 320 Broadway, Suite 100 Saata Monica, CA 90401 FAX 310.394 .6972 Tslaphoaa 310.394-3379 June 29, 1995 Howard Zelefsky Planning Director City of Huntington Beach 2000 Main Strut Huntington Beach, Ca. 92648 2 CA, JUN 3 01995 ?%cPARTMEry i C0�4MU ITYUfVELO--�,; , i Re: Condition Compliance - Affordable Housing Conditions for Tenaaative Tract Map Nos. 14007, 14009 and 14134 Dear Howard: Tlanks for your time yesterday to discuss the actions we are taking to comply with the affordable housing conditions of development for Tenative Tract Map Nos. 14007, 14009-Hampton (TTM condition no. 5), and Tentative Tract Map No. 14134-Surfcrest(CUP No. 89-62 condition no. 3.g.). i also met with Linda Niles and went over all the questions raised by you and legal staff, and I spoke with Linda again this morning. I am writing this to confirm our understanding of the conclusions of the staff review. We will purchase an existing apartment building located at 7811 Talbert Avenue (Oceanaire Apartments) which contains 65 units, is completing rehab work, is currently rented at rents in the low and moderate income range, and is not currently subject to a covenant regarding rental affordability. The subject building was identified by staff as a potential project for "preservation" of rental units. We will record rental covenants on the property to limit the range of rents to be charged for the units for 30 years to the levels required by the above conditions. Since rehab of the units is just being completed, the recording of rental covenants will remove the risk of rental increases above the affordable range and will be managed by a nonprofit or governmental entity. Upon delivery to the City of recorded covenants, we will receive acknowledgment that we have satisfied the above development conditions for 45 affordable units and that the remaining 20 units may be used to satisfy similar development conditions imposed by the City on other properties. We agree with you that the City should be using a single form of rental covenants for circumstances such as these and that your department is requesting legal staff to finalize such a document. We understand that the final rental covenants will be based on those previously approved and in use by the City in connection with the Orange County Housing Corporation's Keelson Lane property, with changed to include additional language regarding monitoring and annual reporting, and a term of 30 years. • 0 If the above is not your understanding, please contact me immediately in writing since, as you know, we are in a short escrow on the above property. Very truly yours, SEACLIFF PARTNERS By: New Urban West, Inc. Tom Zanic Vice President cc: Melanie Fallon Linda Niles 0 n SeacKPartnerso ri. , ...,. .. ,. . AFFORDABLE HOUSING AGREEMEWT ; TRACT NAP NO. 14134 (SURFICREST ) September 21, 1993 1. This Affordable .dousing Agreement ( "Agreement") _s entered into between the City of Huntington Beach ("Ciry") and Seacliff Partners ("Seacliff"). 2. This Agreement has been prepared and entered into to comply with Tentative Tract Map No. 14134 Condition No. 3. g. which states. "An Affordable Housing Agreement to provide onsite affordable housing shall be submitted for review and approval by the Community Development Department and City Attorney and recorded with County Recorder's Office. The Agreement shall provide for minimum 20 percent of the housing units (23 units) onsite, or the equivalent number offsite within the City, for persons of low and moderate income households pursuant to Section 65590 of the Government -Code. The Agreement shall be` for assured affordability for the life of the project. " 3. The required 23 affordable units will be provided through one of the following options. a. Preservation of 23 existing at -risk rental housing units through either 11 purchase and transfer of ownership to a nonprofit or governmental entity,--�--= i-=r e nde, �„�"�•/h :.a.. tf,, _.., .s, cam.,.; __ o eeFE:if4t*=-t--6. L eq Q(( b. Rehabilitation of 23 existing affordable units which are identified by the City. C. Construction of"23 new affordable units offsite within the City. d. Purchase of 23 affordable credits for units constructed by others within the City during the sevelt year period i,wediately preceding the occupancy of the 58rh dwel2.1ng un;t :n Tract 14134. Units which have received City or Redevelopment Age;:-cy financial subsidy shall not be eligible. 4. Of the total 23 affordable units to be provided for low and moderate income households, 3 units will be provided for low income households. The sales price, rental ar^ount and income criteria (as applicable) for both 1ow and moderate units wi11 be as published by Lhe City of Huntington Beach, based on County guidelines. as those criteria may be revised peri odi cal l y. a� Q 5. All units offered to satisfy the requirements or Condition No. 3.g. must provide assured affordability for the life of the project. That assured affordability may be provided through one or the following methods: . a. .If units are "for sale," then those units will be made available as a first-time buyer program with a recorded covenant for first right of refusal for resale to the City, or other agency designated by the Ci t y. b. If units are "for rent, " then Developer or the owner shall record a covenant to rent units only to persons meeting appropriate income criteria and at rental rates as established by the Councy of Orange. 6. Prior to the occupancy of the 58th dwelling unit in Tract -No. 14134, one of the following actions must be completed: a. Developer to show evidence for 23 existing at -risk rental housing units, of either 1) purchase and transfer to a nonprofit or governmental entity, 2) refinancing of the mortgage revenue bonds, or 3) obtaining rent subsidy through Section a certificates. b. Developer to show evidence 'of rehabilitation of 23 existing affordable units. C. Developer to construct and offer for sale or rental 23 new . affordable units per the criteria in paragraphs 4 and 5. d. Developer to show evidence of purchase of 23 affordable credits, constructed by others within the City during the -seven year period immediately preceding the 58th dwelling unit in Tract No. 14124, which have been offered for sale or rental per the criteria in paragraphs 4 and 5. Units which have received City or Redevelopment Agency financial subsidy shall not be eligible. REVIEWED AND APPROVED: APPROVED: CITY OF HUNTINGTON BEACH SEACLIFF PARTNERS By: WC-Seacliff, L.P. By: UWC Seacliff Land Corp. Its G Partner 41an4 - 93 By , J By' uniev. Date Its: Ex c. Vice President Date ninq Dire or APPPOVUD LS TO FORIf -i GAIL HWTON, City Attorney Dy: ne �+i4.. ..6 ram. _ By. RF ,� �.1 L -- =�' L Q � .It=: City Atcorrey Date R �- �Z u • CONDITIONAL USE PEO T TRAC_TNO. 1413q/COASTAL DECLARATION NO. 89-52 Page Seven AIR Y NO. 89-62 WITH SPECIALRMITS/ TENTATIVE DEVELOPMENT PERMIT NO. 89-39/NEGATIVE (3) A landscaping plan shall be submitted to the Department of Public Works and Community Development for approval. Native bluff plant materials shall be utilized in the landscaping of the site where feasible. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. f. Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. g. An Affordable Housing Agreement to provide on -site affordable housing shall be submitted for review and approval by the Community Development Department and City Attorney and recorded with County Recorder's Office. The Agreement shall provide for minimum 20 percent of the housing units (23 units) on -site, or the equivalent number off -site within the City, for persons of low and moderate income households pursuant to Section 65590 of the Government Code. The Agreement shall be for assured affordability for the life of the project. h. Perimeter fencing plans for review and approval which depict decorative materials. i. The applicant shall work with the Department of Public Works to provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. 4. Fire Department Requirements are as follows: a. Automatic sprinkler systems shall be installed throughout the project to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. G AffOLE HOU$ING PLAN TRACT MAP NDs. 14007 & 14009 IHAMPTONS) April 5, 1994. 1. -This Affordable Houslrig Plan hes been prepared to comply with Tentative Tract Map Nos. 14007 & 14009 Condition No. 5 which stares: j "Appilcant shall submit an affordable housing plan which provides for 29 units to be affordable to families of moderate Income. Said plan shall be approved by City Council prior to issuance of the first building permit for the tracts. The plan may include: a. Build affordable units at an alternative location which is under control of the applicant, b. Rehabilitate existing units and ensure long term affordability. c. Preserve existing affordable units for the long term (30 years). d. Other options which generate new opportunities for affordable housing." 2. • The required'22 affordable units Will be provided through one of the following options:. a. Preservation of existing at -risk rental housing units through purchase and transfer of ownership to a nonprofit or governmental entity. b. Rehabilitation .of existing affordable units which.are identified by the City. c. Construction of new affordable units offsite within the City. d, Purchase of affordable credits for units constructed by others within the City during the seven year period immediately preceding the occupancy of the 62nd dwelling unit Tract No. 14007 and/or 14009. Units which have received City or Redevelopment Agency financial subsidy shall not be eligible. 0 3. 'Affordable units are to be provided for moderate income households. The sales price, rental amount and income criteria (as applicable) for the moderate units will b-e as published by the City of Huntington- Beach, based . on County guidelines; as those criteria may be revised. periodida.11y. - 4. All units offered to satisfy the requirements of Condition No. 5 must provide assured affordability for 30 years. That assured affordability may be provided through one of the following methods: a, if units are "for sale," then those units will tie made available• as a first-time buyer program with a recorded covenant for first right of refusal for resale to the City, or other agency designated by the, City. b. If units are "far rent," then Developer or the owner shall record a covenant to rent units only to persons meeting appropriate income criteria and at rental rates as established by the County of Orange. 5. Prior to the occupancy of the 62nd dwelling unit in Tentative Tract Nos. 14007 andlor 14009, one of the following actions, or combination totaling the required number of units, must be completed: a. Developer to show evidence of preservation of existing. at -risk rental housing units through the purchase and transfer to a nonprofit or governmental entity. b.. Developer to show evidence of rehabilitation of existing'affordable units. - o. developer to construct and offer for sale or rental riew affordable units per the criteria in -paragraphs 3 and 4. d. Developer to show evidence of purchase of affordable credits, constructed by others within the City during the seven year period immediately preceding the occupancy of the 62nd dwelling unit in Tract No, 14007 and/or 140D9, which have been offered for sale or rental per the criteria in paragraphs 3 and 4. Units which have received City or Redevelopment Agency financial subsidy shall not be eligible, S. If the Huntington Beach City School District elects to not purchase Tentative Tract Map No. 14009 residential lots 63 through 94, then the total number of required affordable units for Seacliff will be 20% of the total 1 number of residential lots actually recorded by Seacliff in Tentative Tract Map Nos. 14007 & 14009. • • 0 4. All exterior lighting shall be approved by the City of Huntington Beach Planning Department and City Engineer. 5. Applicant shall submit an affordable housing plan which provides for 20% of the total units approved to be' affordable to families of low and moderate income. Said plan shall be executed prior to issuance of the first building permit for the tracts. The affordable units shall be under construction or available to the public prior to final inspection for the homes in master Conditional Use Permit No. 90-47. The plan may include: a. Build affordable units at an alternative location which is under control of the applicant. b. Rehabilitate existing units and ensure long term affordability. c. Preserve existing affordable units for the long term (30 Years). d. Other options which generate new opportunities for affordable housing. FLAN CHECK The following shall be completed prior to submittal of working drawings for plan check and aprlication for building permits: 1. Submit three copies of the site plan to the Planning Division for addressing purposes. if street names are necessary, submit proposal to Fire Department for review and approval. 2. Depict all utility apparatus, such as but not limited to back low devices and Edison transformers, on a site plan to the extent available. Any such apparatus located in the front and exterior yard setbacks shall be screened by landscaping or other method as approved by -the Community Development Director. 3. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water -heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. 4.__ If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the_Building Department and indicated on the floor plans. PC Minutes - 7/23/91 -23- {1927d) 0%/20/07 T13i 13:17 FAX 7143IV0 COM]RNITY DEVELOPMEN70 10002 RECORDING REQUESTED BY, AND Recorded in the County of Orange, California WHEN RECORDED, MAIL TO: Gary L. Granville, Clerk/Recordder !l li l I'll 1$11 I I!11 i1111111l l .I I,1 111111, � 1l Fee City of Huntington Beach 19980144760 2 : 01 pm 03/ 13/98 2000 Main Srzeet 005 15009723 15 42 Huntington Beach, CA 92648 A23 6 6.00 15.00 0.00 0.00 0.00 0.00 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, FIRST AMENDMENT TO AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (AFFORDABLE RENTAL HOUSING) THIS FIRST AMENDMENT TO THE AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY ("First Amendment") is entered into this 3,L- * day of `MQ,j 1997, by and between the CITY OF RUNTIN- GTON BEACH, a municipal corporation ("City'l, and NUWI-OCEAN CREST L.P., a California Limited Partnership ("Owner"). WHEREAS, Owner is the owner of record of that certain leasehold estate in 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 65 residential housing units located on the Site; and On July 10, 1990, the Planning Commission of City approved Tentative Tract Map No. 14134 and, as a condition of approval, required that Owner provide 20 Affordable Units for the use of Moderate Income Households and an additional 3 Affordable Units for the use of Low Income Households; and On July 22, 1991, the Planning Commission of City approved Tentative Tract Map Nos. 14007 and 14009 and, as a condition of approval, required that Owner provide 22 Affordable Units for the use of Moderate Income Households; and On May 20, 1996, an Agreement Containing Covenants Affecting Real Property, -entered into by City and Owner, was recorded as Document No. 19960251558 in the official records of Orange County ("Agreement"). The Agreement provided that 62 units on the Site be"available and restricted to occupancy by Moderate Income Households, meaning persons and families whose income does not exceed One Hundred Twenty Percent (120%) of Orange County Median. Income, and that 3 units on the Site be available and restricted to occupancy by Low Income 4ls:PCD;IAmdPmp Tax-Exempt-Gavemment Agency _ RLS 97-107 CITY OF HUNTINGTON BEACH C n Brockway. Clty C BY: eputy C ty Clark Im ri This document is solely for the official business of the City Of Eoach, as contem- plated under Government Code Sec. 6103 and should be recorde free of charge:... P�nolejCo 2,3 32-21-97 10.301IN FR'WM AT'VY'S OFFICE O FC2 Households, meaning persons and families whose income does not exceed Eighty Percent (80%) of Orange County median income, All capitalized terms in this First Amendment have the same meaning as in the Agreement; and On November 12, 1996, the Planning Commission of City approved Tentative Tract Map No. 14135 and, as a condition of approval, required that Owner provide 18 Affordable Units for the use of Moderate Income Households; and Owner has previously identified 42 of the Moderate Income Units and all 3 of the Low Income Units to satisfy the conditions of approval for Tracts 14134, 14007 and 14009; and Owner desires to identify 18 of the remaining 20 Moderate Income Units located on the Site to satisfy the conditions of approval for Tentative Tract Map No. 14135; and Owner and City desire to restrict the availability and occupancy of the 18 Moderate Income Units required by Tentative Tract Map 14135 to persons or families whose income does not exceed One Hundred Percent (I00%) of Orange County Median Income, 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: l . Owner shall make available, restrict occupancy to, and lease 18 Affordable Units on the Site to "Median Income Households" at an Affordable Rent for the duration of the Affordability Period. As used in this First Amendment, the term "Median Income Household" shall mean persons and families whose income do not exceed 100% 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 and "Affordable Rent" shall mean the maximum payment amount for the Affordable Units to be leased to Median Income Households which shall be established at 30% of 100% of the monthly area median Income for a household of four persons. 2. Except as set forth above, all of the terms and conditions of the Agreement are incorporated by reference into this First Amendment. 3. This First Amendment shall become effective immediately upon its recordation in the Official Records of Orange County, California. This First Amendment shall not be recorded until after final approval of Local Coastal Plan Amendment No. 96-2, unless requested by Owner. 2 4l::FCDc 1AmdPmp RES 97.102 0;/24/97 THC 13:18 FAX 7143 40 COMMUNITY DEVELOPMEN-0 IQ 004 IN WITNESS WHEREOF, City and Owner have executed this First Amendment to be effective as of the date first written above. OWNER: NUWI - OCEAN CREST L.P., a California Limited Partnership By: New Roseb C., a California C orato By: _ QEuJJ CARDOsa Its: t~ X604TiV E VKV Mzsi ACN T By: WARAEN 41CHACEL L= Its: Chief Financial Officer REVIEW7E r r r APPROVE: 'inistrator / . 41s:PCD:1AmdProp RLS 97-102 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: City Clerk ala" APPROVED AS TO FORM City ttomey 5 INITTA'f ED AND APPROVED: Director of Community/1)evelopment • • ALTA OWNERS POLICY EXHIBIT "A" OR-9433664 TITLE OFFICER - ]LEDAL-R ALL THAT CER T AIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, DESCRIBED AS FOLLOWS: THE EAST 10 ACRES OF THE WEST 15 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 5 SOUTH, RANGE 11 WEST, 1N THE RANCHO LAS BOLSAS AS SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 23 PAGE 25, OF RECORD OF SURVEYS, OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION LYING EAST OF A LINE PARALLEL WITH AND 627 FEET WEST FROM THE EAST LINE OF SAID SECTION. ALSO EXCEPTING THEREFROM THE WEST 237.80 FEET OF THE EAST W.80 FEET OF THE SOUTH 217.33 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, (MEASURED ALONG THE SIDE LINES OF SAID SOUTHEAST QUARTER.) ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26. ALSO EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET THEREOF INCLUDED WITHIN THE LAND DESCRIBED 1N DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MARCH 4, 1964 IN BOOK 6949. PAGE 170 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. - ALSO EXCEPTING THEREFROM AN UNDIVIDED 1116TH INTEREST IN ALL 011, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED BY DELOS R. PIERCE AND WIFE, IN DEED RECORDED MAY 20, 1953. ALSO EXCEPTING THEREFROM THE REMAINDER OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON LYING BELOW A DEPTH OF 500 FEET, WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY EDGAR C. SCOTT AND WIFE, IN THAT CERTAIN LEASE RECORDED MARCH 22, 1976 IN BOOK 11679 PAGE 681. OFFICIAL RECORDS. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Ll State of Californi-a County of Los Angeles On^February 20, 1997 before me, Barbara L. Schlueter , Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Publie) personally appeared Glenn Cardoso and Michael Warren Na,'G's� of Siperisi iX 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), BOJ34" L SCHUEM or the entity upon behalf of which the person(s) acted, cgwnwarlf 1IOD171 executed the instrument. LW ArQdW coerdy MY CommFowjn9,20M WITNESS my hand and official seal. a-, V_ 0�11w_ - (06U Si@r-atL.,e oi Nomry PLb ic 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �I n r L� n 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: i ❑ i❑ E ❑ Number of Pages: Individual Corporate Officer Title(s): Partner — 1 Limited ^ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER C 1995 Nancra' No:a-, Assocwicn • B236 Remmet Ave. P 0. Boy 7184 • Cancga Park. CA 91309-7184 Prod. No. 5907 Reo•ae•: Cal' To-l-Free 1.8C0-876-6827 CALIFORNIA ALL-PURPO ACKNOWLEDGMENT State of I� 2, County of (tea On 2 - 9 97 before me, 1494-I,L - / / /' uc Date ^ Name and Title o' 66cer (e.g.. "_age Doe, Notary Piulic".) personally appeared Namers' cf S,gnerfs) V personally known to me — tO be the person whose name(§14eWare subscribed to the within instrument and acknowledged to me that hefshe►'they executed the MAYBRICE t. JQHN50N same in44~their authorized capacity ie , and that by COMM. # 99ims S Fi+eiheratheir signatureU on the instrument the person. z ' :o Notary Pub%-- California S or the entity upon behalf of which the person acted, ORANGE COUNN executed the instrument. My Comm. 60res MAY 11, 1997 WITNESS my hand and official seal. 9iyratL• �' No.ar/ 0Lh is OPTIONAL Though the information below is not required by taw, 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: - Document Date: _'4 ti-67-. _ umber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: &111Aj = Individual C Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee n Guardian or Conservator Other: .v Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: _ = Individual Corporate Officer Title(s): Partner -- ❑ Limited ❑ General Attorney -in -Fact - Trustee ❑ Guardian gr Conservator Other: clt. UL.,Irt_ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER &p 0 1995 rvationar Notary Assoc.alion • 8236 Remme: Ave.. PO Box 7194 • Canoga Park, CA 91309.7184 Prod. No 5907 Reorder. Ca!I Tcl -Free •BDO-876-6B27 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk • Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 14111 i 1'�11111111,1 i111T i1h 0111114111.11i11111i No Fee 19980144761 Hip 03/13/98 005 15009723 15 42 S17 7 6.00 18.00 0.00 0.00 0.00 0.00 (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. (AffordableINS "... Housing) THIS SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Supplemental Memorandum") is entered into this 12th day of December 1996, by and between -the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and NUWI - Oceancrest 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 Attachment No. 1 hereto. There are currently sixty-five (65)residential housing units located on the Site. B. On or about April 15, 1996, City and Owner entered into that certain Agreement Containing Covenants Affecting Real Property with respect to the Site (the "Agreement"), a true and correct copy of which Agreement was recorded on May 20, 1996, as Instrument No. 19960251558 in the Official Records of the Orange County Recorder's Office. C. Pursuant to Section I(B) of the Agreement, as soon as the thirty-third (33rd) "Affordable Unit" was rented to a "Low or Moderate Income Household" (as those terms are defined in the Agreement) on the Site, City and Owner agreed to cooperate in the recordation of Tax-Exempt-Govemment Agene�_xhibit "B" This document is solely for the CITY OF HUNTINGTON BEACH Page I of 4 official bu ,lnees of #ha City 4:97-Misc:NUW11023 le BrOCkYJay, CI1y Clerk of Huntington Coach, as contem- RES97-709 plated under Government Code BY Sec. 6103 and should be recorded eputy City C e free of charge. I'FIWIAla 2-3 this Supplemental Memorandum memoralizing the expiration date of the "Affordability Period" (as that term is defined in the Agreement). D. City and Owner agree that the thirty-third (33rd) Affordable Unit on the Site was rented to a Low or Moderate Income Household on May 22, 1997. 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 I(B) of the Agreement shall expire on May 22, 2027 (the thirtieth (30th) anniversary of the date that the thirty-third (33rd) Affordable Unit on the Site was rented to a Low or Moderate 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. [rest of page intentionally left blank] Exhibit "B" Page 2 of 4 4:97-& isc;NUWI1023 RLS97-709 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 Agreement Containing covenants Affecting Real Property to be effective as of the date first written above. OWNER: NUWI - Oceancrest L.P., a California Limited Partnership By: New Rosebud, Inc., a California corporation B��--� Its: r;a By: Its: C.oT o,-a �c� L-P &.r'r%A w� REVIEWED AND APPROVED: Ack,01 City Ad mistrator 4:97-Misc:NUW11023 RLS97-709 CITY OF HUNTINGTON BEACH, a municipal co oration Mayor ATTEST: City Clerk APPROVED AS TO FORM: r Cary pjttorney7-2 c�1 iIIA&ED AND APPROVED: 11 Director of ComnYunity Development Exhibit "B" Page 3 of 4 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF THE SITE [to be inserted] Exhibit "B" Page 4 of 4 4:97-A1 isc:N UW 11023 RLS97-709 • ALTA OWNEX5 POLICY ATTACHMENT NO. 1 OR-9433664 TIME OFFICER - REM EXHIBIT "All ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA. COUNTY OF ORANGE, CITY OF . HUNTINGTON BEACH, DESCRIBED AS FOLLOWS: THE EAST 10 ACRES OF THE WEST 15 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 5 SOUTH, RANGE l i WEST, IN THE RANCHO LAS POLSAS AS SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 23 PAGE 25, OF RECORD OF SURVEYS, OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION LYING EAST OF A LINE PARALLEL WITH AND 627 FEET WEST FROM THE EAST LINE OF SAID SECTION. ALSO EXCEPTING THEREFROM THE WEST 237.80 FEET OF THE EAST 864.80 FEET OF THE SOUTH 217.33 FEET OF THE SOUTHEAST QUARTER OF 1-11E SOUTHEAST QUARTER OF SAID SECTION 26, (MEASURED ALONG THE SIDE LINES OF SAID SOUTHEAST QUARTER.) ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN 7I1E NORTH ONE-HALF OF THE SOU T HEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26. ALSO EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MARCH 4, 1964 IN BOOK 6949, PAGE 170 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM AN UNDWIDED 1116TH INTEREST IN ALL 011, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED BY DELOS R. PIERCE AND WIFE, IN DEED RECORDED MAY 20, 1953. ALSO EXCEPTING THEREFROM THE REMAINDER OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON LYING BELOW A DEPTH OF 500 FEET, WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY EDGAR C. SCOTT AND WIFE, IN THAT CERTAIN LEASE RECORDED MARCH 22, 1976 IN BOOK 11679 PAGE 661, OFFICIAL RECORDS. CALIFORNIA ALL-PURPCO ACKNOWLEDGMENT • State of California County of Los Angeles On February 24, 198 before me, Cynthia M. Jolivette, Notary Public Date Name and Title of Officer (e.g.. 'Jars Doe. Notary Public"I personally appeared StephenGunther and Cindy J. Froman -------------------- Name(s) of Signer(s) 50 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) a�bscribed to th within instrument and a;;Z�thorized to me that�leD3 ie executed the same in capacity(ies), and that by same on the instrument the person(s), or the entity upon behalf of which the person(s) CYNTHIA M. JOUVEM acted, executed the instrument. Commission 0 1131303 ' ® NotolyPub9o—CcXorNa WITNESS m Loa Angeles County Y hand and official seal. My Comm. EXOGS Mot 25, 2001 r Signaure of NoK 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: Document Date: Signer(s) Other Than Capacity(ies) Claimed Signer's Name: Above: Individual Corporate Officer Title(s): = Partner — G Limited E. Ge Attorney -in -Fact Trustee ❑ Guardian or Consery r ❑ Other: Representing: ner(s) RIGHT THUMBPRINT OF SIGNER I .. Number of P s: er's Name: El Individual orporate Officer Tit ❑ Partner ' Limited = General ❑ Attorney -in- ❑ Trustee ❑ Guardian or Conservato _ ❑ Other: Top o7thumbher. I Signer Is Representing: I i 0 199B National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 - Canoga Perk, CA 91309-7184 Prod. No. 5907 Reorder: Cal: Toll -Free 1-800-876.6827 CALIFORNIA ALL-PURPO ACKNOWLEDGMENT State of 1111 L&il.Gk County of 0'1 if On &a ram+ 9 r / q 9 J"' before me, ^ (Aar* 'Date Name end Title e eicer le , 'Jane Doe. Notary lic-y personally appeared 19711 1ey be_A 1ag hr� �/!�'I / !�� G�_ w_ _ Q !►i , Name(s, of Signers) personally known tome —OR — to be the persor sh whose namRg)4�ubscribed to the within instrument and acknowledge to me that fxfs+�ie executed the same in a authorized capaci �e and that by LAURA a NEL'it]N eir ignatur (g on the instrument the persortM, ,W Cornrton s 108A' 0 or the en ity upon behalf of which the persoKo acted, -. rotary PUM —caffa m executed the instrument. orange COW* t.:y Comm. EOrw JU 23, Mi WITNESS mil hand and official seal. �r B"P►►O►VAL 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 Attacheq Document Title or Type of Document: AeA,1 �&t- . r -•yU�� Document Date: /.;z 1_2:!� 196 Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __=%1r1eq _ - Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General n Attorney -in -Fact Trustee ❑ Guardian pr Conservator - ;_ Other: Signer Is Representing: tde Signer's Name:n« - Individual .71 Corporate Officer Title(s): Partner—;= Limited 1 General Attorney -in -Fact = Trustee Guardian or Conservator - "�__—Other: 04tY&6zv(,- T o of --jrro h Signer Is Representing: C 1995 Nat o-lal Notary Associat on - 8236 Rem—.ot Ave.. P.O. Box 7184 - Caroga Park CA 9' 309.718! Prod. No. 5907 Reorder: Can Toll -Free 1-800-876-6827 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK March 4, 1998 Gary L. Granville, County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 Enclosed please find a First Amendment to Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing) and a Supplemental Memorandum Regarding Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing) 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 documents when recorded and return to this office in the enclosed self-addressed stamped envelope. o Connie Brockway, CIVIC City Clerk Enclosures g:Ifollowupldeedltr:First Amendment NUWI - Oceancrest L.P. - 1 Tetaphone: 714-536.5227 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 8, 1996 Gary L. Granville, County Clerk -Recorder P. 0. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 Enclosed please find the enclosed Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing) to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Connie Broc",ay, CMC City Clerk Enclosures g:lfollo%%mpldeedlu { 7etephone: 714-536-5227 • NEW URBAN WEST, INC. 520 Broadway, Suite 100 Santa Monica, CA 90401 FAX 310 . 394 . 6872 Telephone 310.394-3379 Date: April 29, 1996 To: Linda Niles From: Tom Zanic Re: Affordable Housing Covenants TRANSMITTAL Attached is the signed original of Agreement_ Containing Covenants AMrli,ag Real Property for the Oceaniare Apartments. It has been signed by our President and Chief Financial Officer. Please send me a copy of the final document after it has been recorded. Thanks. AN ✓E,'Fr__ ...J..J .l J TD �y"U G� NEW URBAN WEST, INC 320 Broadway, Suite 100 Santa Monies, CA 90401 FAX 310 .394 .6972 Talephone 310.394.3379 MEMORANDUM Date: April 15, 1996 To: Linda Niles From: Tom Zanic Re: Rental Covenants Please find enclosed the original AgmCmot Containing Covenants .A ctin_Real Propoem approved by the City Council and signed by NUWI - Oceancrest L.P. Please forward to Connie Brockway for City signatures and recording. We request a copy of the recorded do►ument when available. Thanks for all your assistance in completing these documents. e5 cc: Connie Brockway -thanks! e llv�- q191q-' G v� I F Council/Agency Meeting Held: 3%)i 7 Deferred/Continued to: 93"A'ppr9ved ❑Conditionally.pproved 0 Denied U City Clerk's Sigrofure Council Meeting Date: March 3, 1997 Department ID Number: CD 97-07 e?/��i/97 Ply CITY OF HUNTINGTON BEACH-�_ REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr ��i__ PREPARED BY: MELANIE S. FALLON, Community Development Director�"1 SUBJECT: AFFORDABLE HOUSING AGREEMENT FOR TENTATIVE TRACT NO. 14135 (OCEANCREST) =sttmntissue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: On February 18, 1997, the City Council approved the reconsideration of General Plan Amendment No. 96-3 (Resolution No. 97-2), Local Coastal Program Amendment No. 96-2 (Resolution No. 97-3) and Negative Declaration No. 96-4, a request by Oceancrest Partners to redesignate a 9.9 acre site (northwest corner of Palm Ave. and Seapoint St.) from High Density Residential to Low Density Residential. As part of the approval, the applicant was conditioned to provide 18 affordable units for families with income levels up to 100% of the Orange County median income. Presented for City Council consideration is an Affordable Housing Agreement (covenant) for 18 rental units off -site in accord with the aforementioned condition. Fundinq Source,: Not applicable. Recommended Action: Motion to: "Approve and authorize execution by the Mayor and City Clerk of the First Amendment to Agreement containing Covenants Affecting Real Property (Affordable Rental Housing) (Attachment No. 1)"and direct. the"City Clerk to record at such time as notified by the City Attorney. Alternative Action[s]: Motion to - "Continue the Affordable Housing Agreement and direct staff accordingly." RRUEST FOR COUNCIL ACTIA MEETING DATE: March 3, 1997 Analysis: DEPARTMENT ID NUMBER: CD 97-07 A. PROJECT PROPOSAL: Applicant/ Property Owner: Oceancrest Partners, 520 Broadway, Suite 100, Santa Monica, CA Location: Northwest corner of Palm Avenue and Seapoint Street Affordable Housing Agreement to assure that 18 rental units at an existing 65 unit apartment complex located at 7811 Talbert Avenue, (Oceanaire Apartments) are made affordable to families with income levels up to 100% of the Orange County median income. This is to satisfy the requirement of General Plan Amendment No. 96-3, Local Coastal Program Amendment No. 96-2 and Temporary Tract Map No. 14135. The proposed Agreement amends an existing agreement the applicant has already recorded to covenant other affordable housing units at 7811 Talbert Ave. B. BACKGROUND: The Planning Commission on November 12, 1996, approved General Plan Amendment No. 96-3, Zoning Map Amendment No. 96-3 and Negative Declaration No. 96-4 to redesignate a 9.9 acre site (northwest corner of Palm Avenue and Seapoint Street) from High Density Residential to Low Density Residential. In addition, the Planning Commission conditionally approved Tentative Tract Map No. 14135, Conditional Use Permit No. 96-27 and Coastal Development Permit No. 96-11 with findings and conditions of approval for construction of 53 single family residential units. The zoning entitlements do not become effective unless the General Plan Amendment and Zoning Map Amendment are approved by the City Council and California Coastal Commission. On January 6, 1997, the City Council approved the General Plan Amendment, Zoning Map Amendment and Local Coastal Program Amendment. The approval upheld the Planning Commission's condition that 18 of the units be affordable for families with income levels up to 120% of the Orange County median income. On January 21, 1997, the City Council approved a motion to reconsider the General Plan Amendment and Local Coastal Program Amendment due to concerns regarding the potentially high rental rates which were approved for the project's affordable housing condition. On February 18, 1997 the City Council approved the reconsideration of General Plan Amendment No. 96-3 and Local Coastal Program Amendment No. 96-3 with the requirement that the applicant provide 18 units for families with income levels up to 100% of the Orange County median income. CD97-07.DOC -2- 02/19197 2:22 PM i • REQUEST FOR COUNCIL ACTION MEETING DATE: March 3, 1997 C. STAFF ANALYSIS AND RECOMMENDATION: DEPARTMENT ID NUMBER: CD 97-07 The applicant is complying with the requirements of the General Plan Amendment and the Tentative Tract Map. The proposed Agreement covenants 18 units of the Oceanaire Apartments for a period of 30 years to be rented to families with income levels up to 100% of the Orange County median income. The units have been rehabilitated and the complex is managed by a non-profit entity. Other units in the existing 65 unit apartment complex have been conditioned for affordability. Three (3) units for low income families and 20 units for moderate income families were required on Tract No. 14135 (Surfcrest) and 22 units were required for moderate income families on Tract Nos. 14007 and 14009 (The Hamptons). With the additional 18 units proposed with this Agreement, 63 of the 65 units will be rented at rents in the low and moderate range. The General Plan Amendment includes the Coastal Element which does not become effective until the California Coastal Commission certifies the Local Coastal Program. Should the Coastal Commission not agree with the level of income (up to 100% of the Orange County Median Income) adopted by the City Council, the Local Coastal Program Amendment will be transmitted back to the City Council for approval of a revised document. Staff is recommending that the Agreement be approved, but it shall be noted by both City Council and applicant that this action and its recordation could be subject to change pending Coastal Commission action. Environmental Status: Negative Declaration No. 96-4 was approved as part of Tentative Tract Map No. 14135 and Conditional Use Permit No. 96-27. No further environmental review is required. Attachment(s): 1. First Amendment to Agreement Containing Covenants Affecting Real Proert Affordable Rental Housing) dated February 21, 1997 2. Previously approved Affordable Housing Agreement dated April 15, 1996 3. General Plan Amendment No. 96-3 Resolution 4. Memo from Gail Hutton dated February 19, 1997 re: Oceancrest Affordable Housing Covenants CD97-07.DOC -3- 02/24/97 11:19 AM 5 . RECORDING REQUESTED BY ) Recorded in the county of orange, California AND WHEN RECORDED MAIL TO: Gary L. Granville, Clerk/Recorder �Hlll�l!lil lI11i111111 11+1 �ll!1 li'll I.11' �o Fee City of Huntington Beach ) 1996e251558 2 ; 09pm e5/20196 2000 Main Street ) 005 24000923 24 49 Huntington Beach, CA 92648 A 12 17 7.00 48.00 0.00 0.00 0.00 0.00 Aitn: 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 (AFFORDABLE RENTAL HOUSING) THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Agreement") is entered into this YCNday ofiO/2 �� , 19 ?6, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and NUWI - Oceancrest L.P., a California Limited Partnership ("Owner"), RECITALS: A. Owner is the owner of record of that certain leasehold estate in real property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally .'fdescribed in the attached Exhibit "A." There are currently sixty-five (65) residential housing units located on the Site. B. On July 10, 1990, the Planning Commission of City approved Tentative Tract Map No. 14134, and on July 23, 1991 approved Tentative Tract Maps No. 14007 and No. 14009. City imposed conditions of approval on the Project, requiring the provision of a specified number of affordable housing units in conjunction with the new developments. 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: 4'misc!affdhous13.! 15196 RLS 95-406 This document Is solely for the official business of the City I of liuntin,,ton. Bench, as contem- plated under Govorn5tont Code Sec. 6103 and should be recorded free of charge. I. AFFORDABLE HOUSING (A) Number of Units. Owner agrees to make available, restrict occupancy to, and lease sixty-two (62) Affordable Units on the Site to "Moderate Income Households" and three (3) Affordable Units to "Low 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 sixty-five (65) 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 sixty-five (65) rental housing units shall be restricted as Affordable Units during the entire Affordability Period. As used in this Agreement, the term "Moderate Income Household" shall mean persons and families whose income does not exceed One Hundred Twenty percent (120%) of Orange County median income, and the term "Low 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. (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 thirty-third (33rd) Affordable Unit has been rented to a Low or Moderate Income Household. 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 eligible households in the ordinary course of business. The duration of this requirement. shall be known as the "Affordability Period." As soon as the thirty-third (33rd) Affordable Unit has been rented to a Low or Moderate 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. As used in this Agreement, the term "Tenant" shall mean any person who is a party to a lease of any portion of the Site. 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 Low or Moderate 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 2 44.misM&ffdhous\3/ 15i96 RLS 95406 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 percent (30%) times eighty percent (80%) of the monthly area median income for a household of four persons, and the Affordable Rent for Moderate Income Households shall be established at thirty percent (30%) times one hundred twenty percent (120%) of the monthly and median income. 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. 4lmisclaffdhous\3l l 506 RLS 95406 OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. i_ :.lL • M` (E) Annual Report. Within sixty (60) days after the end of each calendar year during the Affordability Period, Owner shall submit to City 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 the City's Director of Community Development 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 identify 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. II. NON-DISCRDAINATION. 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 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 4 4\misclaffdhous\3/ 15196 RIS 95406 • 0 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." III. 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 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 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 the 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. IV. 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 unenforceable, 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 4'smisc affdhoua 3%15:-`96 RLS 95-406 • CJ 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. Y 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 expiration 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) No Unintended Authorization. Nothing in the aforesaid Sections II and III of this document shall be construed to authorize the sale, sublease, assignment or other transfer of any interest ion the site if such sale, sublease, assignment or other transfer is not otherwise permitted. Balance of page intentionally left blank 6 4-smiscafrdhous%3i15 96 RL5 95-406 (C) 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 expense to City, that the City's Director of Community Development is auhtorized 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 benefited lender shall be responsible for preparing the document(s) for review and approval by the City Attorney creating such subordination of City's interest. IN WITNESS WHEREOF, City and Owner have executed this Agreement Containing Covenants Affecting Real Property to be effective as of the date first written above. OWNER: CITY OF HUNTINGTON BEACH, NUWI - Oceancrest L.P., a California a municipal corporation Limited Partnership By: New Rosebud, Inc., a California Lc��- corporation Mayor Its: General Partner Its: `TSP1404 b. frrWOrNsM By. i P�Es�cE Its. MrcHAS[uAwpi c OP W p/u A►JcrAti a FFU02- REAPPROVED: l �04— City Administrator or 7 4:misc affdhou0:: t 5:96 RIS 95-406 ATTEST: City Clerk -5 =3 APPROVED AS TO FORM: C' At arFeC• INITIATED AND APPROVED: Director of Community Development CALIFORNIA ALL-PURPOSE CKNOWLEDGMENT • State of 444m,�- County of ,e . On �c 3, 199& before mew} r `�u.F�-Q.c j Da!e��11 Name and Title �!fice= (e.g.. "Jane Doe, Nctary Public personally appeared &w-e_ 9� _ , Nam of S:gner{s) E ersonally known to me — to be the personUs whose nameUs is4are subscribed to the within instrument and acknowledged to me that he,44e4hey executed the same in Hi4sfFief/their authorized capacity ies , and that by MA COMM.BRICEL. JOH 350N i�iafF�ten'their si natures on the instrument the erson s , OMM� 9911335 � g � p �..� z ' + Notary Public — C05fomio or the entity upon behalf of which the person(g acted, CIRANGE COUNTY executed the instrument. h'fy Comm. Expires MAY 11.1997 WITNESS my hand and official seal. Signatuffil 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: Document Date: Number of Pages: 9 Signer(s) Other Than Named Above: ia�,_ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited -- General C Attorney -in -Fact ❑ Trustee `❑ Guardiag or Conservator P'Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. thUM herl Signer's Name: ` n at ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator I'Other: QL Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. O 1994 National Notary Association - 8236 Rammet Ave.. P.O. Box 7164 - Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder; Call Tol!•Free 1-600-876.6827 CALIFORNIA ALL-PURPOMACKNOWLEDGMENT State of County of On Ap6l l5 ma before me, _r—V&4LW ate C� � Nam, and Tide of Mew (e_g., 'Jane Doe, s Public") personally appeared IJ�'�Q,� C97 It Yi �— Name(e) of Signer(s) personally known to me — OR — ❑ proved tome on the basis of satisfactory evidence to be the person(V whose nametw9are subscribed to the within instrument and acknowledged to me that(/she/they executed the same in&/her/their authorized capacity(joj, and that by her/their signature(Von the instrument the person(K, or the entity upon behalf of which the person(V acted, GRETCHEN ROE-DERor the instrument. 625 COMM. fi047 iNo1oly Pubuc — CaUfarNa LOSANGHFSCOUWf WITNESS my hand and official seal. Wy Comm. Eig*93 DEC 18.1M Signature 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: Document Date: Number of Pages: 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 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 Top of -.9UM0 her I C 1994 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 n u CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 State of CUItoV01 County of LZ5 aw l0s On AQ 1! t before me,Pd c U V[ N 0 Date name and Tale of OfUer ie.g., ".:aye Doe, Notary P.lolic''j personally appeared ' 11 1 a it W4 VV et, Nameisi of Signers} = 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, loArOYOUNGM executed the instrument. Notary KIAC-Ccdkw a WITNESS my hand and official seal. LOS ANEW CO MY om* Caron. Eip"M #AAR 27.149;i Sig re 01 Notary tic 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 Title or Type of Document: Document Date: v,L Number of Pages: Signer(s) Other Than Named Above: __.., 0 ©� t'►� 6u VS 4-i- . Capacity(ies) Claimed by Signer(s) Signer's Name: = Individual Corporate Officer Title(s): Partner — EJ Limited - General = Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer Title(s): Partner — Limited D General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association - 8236 Remmat Ave-. ?O. Box 7184 - Canoga Park. CA 91309-7184 Prod. No. 5907 Reoreer: Cal. Toll -Free 1-800-876-6827 LEGAL DESCRIPTION OF THE SITE [to be inserted] 4vnisc%aiidhoelsl3115196 RLS 95.406 ALTA OWNERS POP41CY QR-9433664 TITLE OFFICER - RET1 M- EXMBIT "A" ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, DESCRIBED AS FOLLOWS. THE EAST 10 ACRES OF THE WEST 15 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS AS SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IS SHOWN ON A RECORD OF SURVEY MAP FILED IN BOOK 23 PAGE 25, OF RECORD OF SURVEYS, OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION LYING EAST OF A LINE PARALLEL WITH AND 627 FEET WEST FROM THE EAST LINE OF SAID SECTION. ALSO EXCEPTING THEREFROM THE WEST 237.80 FEET OF THE EAST 864.80 FEET OF THE SOUTH 217.33 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, (MEASURED ALONG THE SIDE LINES OF SAID SOUTHEAST QUARTER.) ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST (QUARTER OF SAID SECTION 26. ALSO EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEET THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MARCH 4, 1964 IN BOOK 6949, PAGE 170 Or OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM AN UNDIVIDED 1/16TH INTEREST IN ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED BY DELOS R. PIERCE AND WIFE, IN DEED RECORDED MAY 20, 1953. ALSO EXCEPTING THEREFROM rNE REMAINDER OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON LYING BELOW A DEPTH OF 500 FEET, WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED BY EDGAR C. SCOTT AND WLFE, IN THAT CERTAIN LEASE RECORDED MARCH 22. 1976 IN BOOK 11679 PAGE 681, OFFICIAL RECORDS. EXHIBIT "B" 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 (Affordable Rental Housing) THIS SUPPLEMENTAL MEMORANDUM REGARDING AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Supplemental Memorandum") is entered into this day of , 19 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("City"), and NUWI - Oceancrest 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 (_} residential housing units located on the Site. B. On or about , 19 , City and Owner entered into that certain Agreement Containing Covenants Affecting Real Property with respect to the Site (the "Agreement"), a true and correct copy of which Agreement was recorded on 19___, as Instrument No. in the Official Records of the Orange County Recorder's Office. C. Pursuant to Section I(B) of the Agreement, as soon as the d) "Affordable Unit" was rented to a " Income Household" (as those Exhibit "B" Pagel of 4 4:Misc: atrdexhbA/18I96 RLS 95-406 0 0 terms are defined in the Agreement) on the Site, City and Owner agreed to cooperate in the recordation of this Supplemental Memorandum me 'moralizing the expiration date of the "Affordability Period" (as that term is defined in the Agreement). D. City and Owner agree that the on the Site was rented to a Income Household on (_d) Affordable Unit 199. 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 I(B) of the Agreement shall expire on , 20_ (the thirtieth (30th) anniversary of the date that the (_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, [rest of page intentionally left blank] Exhibit `B" Page 2 of 4 4:Misc:affdexhb:4118/96 RLS 95-406 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 Agreement Containing covenants Affecting Real Property to be effective as of the date first written above. OWNER: NUWI - Oceancrest L.P., a California Limited Partnership By: New Rosebud, Inc., a California corporation By: Its: By: Its: REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM: Ci y ttorney INITIATED AND APPROVED: Director of Community Development Exhibit `B" Page 3 of 4 4: Misc:affdexhb:4/ 18/96 RIS 95-406 • 0 ATTACHMENT NO. I LEGAL DESCRIPTION OF THE SITE [to be inserted] Exhibit `B" Page 4 of 4 4:SSisc:aflfdexhb:4r1S,'96 RLS 95406 w ALTA OWNERS POLICY ATTACHMENT NO. 1 OR-9433664 TITLE OFFICER - REa►*! -R EXHIBIT "A„ ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, DESCREBED AS FOLLOWS: THE EAST 10 ACRES OF THE WEST 15 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 5 SOUTH. RANGE I I WEST, IN THE RANCHO LAS BOLSAS AS SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26 IS SHOWN ON A RECORD OF SURVEY MAP FILED W BOOK 23 PAGE 25, OF RECORD OF SURVEYS, OF SAID ORANGE COUNTY. EXCEPT THEREFROM THAT PORTION LYING EAST OF A LINE PARALLEL WITH AND 627 FEET WEST FROM THE EAST LINE OF SAID SECTION. ALSO EXCEPTING THEREFROM THE WEST 237.80 FEET OF THE EAST 864.80 FEET OF THE SOUTH 217.33 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, (MEASURED ALONG THE SIDE LINES OF SAID SOUTHEAST QUARTER.) ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE NORTH ONE-HALF OF THE SOU T HEAST QUARTER OF THE SOUTHEAST (QUARTER OF SAID SECTION 26. ALSO EXCEPTING THEREFROM THE SOUTHERLY 50.00 FEE".' THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MARCH 4. 1964 IN BOOK 6949, PAGE 170 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. - ALSO EXCEPTING THEREFROM AN UNWIDED 1116TH INTEREST IN ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER SAID LAND AS RESERVED BY DELOS R. PIERCE AND WIFE, IN DEED RECORDED MAY 20, 1953. ALSO EXCEPTING THEREFROM THE REMAINDER OF ALL OIL. GAS, MINERALS AND OTHER HYDROCARBON LYING BELOW A DEPTH OF 5W FEET, WITHOUT RIGHT OF SURFACE ENTFY, AS RESERVED BY EDGAR C. SCOTT AND WIFE, IN THAT CERTAIN LEASE RECORDED MARCH 22, 1976 IN BOOK 11679 PAGE 691, OFFICIAL RECORDS. l' i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO.96-3 AND NEGATIVE DECLARATION NO.96-4 WHEREAS, General Plan Amendment No. 96-3 is a request to amend the Land Use Element and the Coastal Element of the City's General Plan to incorporate a redesignation of approximately 9.9 gross acres of property generally located at the northwest corner of Palm Avenue and Seapointe Street from High Density Residential-30 units per acre to Low Density Residential-7 units per acre, and Pursuant to the California Government Code, the PIanning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 96-3 and Negative Declaration No. 96-4 and recommended their :rproval to the City Council; and Pursuant to the California Government Code, the City Council of the City of Huntington Beach, after notice duly given, held a public hearing to consider General Plan Amendment No. 96-3 and Negative Declaration No. 96-4; and The City Council finds that said General Plan Amendment No. 96-3 is necessary for the changing needs and orderly development of the community, and is necessary to accomplish refinement of the General Plan and is consistent with the other elements of the General Plan; and The City Council finds that Negative Declaration No. 96-4 addresses the environmental issues pursuant to the California Environmental Quality Act, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: gA96reso1:gpa96-3a rls 0 96-903 • f SECTION : That the real property that is the subject of this Resolution (hereinafter referred to as the "Subject Property") is generally located at the northwest corner of Palm Avenue and Seapointe Street in the City of Huntington Beach, and is more particularly described in the legal description and sketch attached hereto as Exhibits A and B, respcctively. SECTI-aN 2: That General Plan Amendment No. 96-3, which amends the General Plan Designation for the Subject Property from RH-30 (High Density Residential - 30 units per acre) to RL-7 (Lov}• Density Residential - 7 units per acre), is hereby approved, and the Land Use Plan in the Land Use Element of the General Plan, a copy of which is attached hereto as Exhibit C, is hereby amended to implement General Plan Amendment No. 96-3. SECTION 3: That Section 9.4.3(2) of the Coastal Element of the General Plan is hereby amended to read as follows: F 1. Palm Avenue, the b Street.. ;eta! of appFeNiFflately 53--� dwelling cembiried) and a 20 acre medium densky aFea at the inter-seetien ee Palm Avenue and 38th Street The Geastnl /�'mm�iissio FequiFed the elusien a nn_�addkiennl l9_ae-.e •+ ea t..._be ., lIQI1TV]lLil �J-Lil.1 �. 411 LZTCV�Ji deN-eIp :L-„_t, up to 4 50 high density Tow heuses hringi,Jthe total number- of uiiits to n maximum of 981Twenty +t e f the tela.[un7tir�1[us"tZbe 1iff rdab]e- l . nC-empiunityr .n . yy 1is .whichseuth of . • , has Z TI an additienal aFea ffenting Paeifie Ceast Highway just 9euth of Elie high deHsi-ty FeSia al Site be F the ._, eur_ .,d ct; _ oveFlay- A minimum of eighteen (18) units of the total number of residential units shall be made available and restricted, for a minimum period of thirty (30) years, to persons or households earning not more than one hundred percent (100%) of Orange • County median income, as defined by the U.S. Department of Housing and Urban Development. These units may be provided at an offsite location. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 1,gA day of , 1997. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Administrator Exhibit A: Legal Description Exhibit B: Property Sketch Exhibit C: Land Use Plan City Attorney IN17TATED AND APPROVED: bir-'ect-o-r'ot Commun ty Development 3 g*96resoi:gpa96.3a rls 4 96-903 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Melanie Fallon, Director of Community Development FROM: Gail Hutton, City Attorney DATE: February 19, 1997 SUBJECT: Oceancrest Affordable Housing Covenants Transmitted with this memo is the revised affordable housing document for Oceancrest. The document submitted by the Developer did not accurately portray the conditions of approval for the tract in question, nor did it accurately describe the previous affordable housing agreement between the Developer and the City; therefore, we had to substantially rewrite the document. We also removed some nonsensical language regarding the ineffectiveness of the covenants if a third party challenges the approval of the entitlements. The property in question is already encumbered by affordable housing restrictions; these covenants make some of the units more affordable, and specifically identify 18 of the units as counting to the requirements of this tract. We understand that the Developer wants to record the document as soon as possible. Please note that if the Coastal Commission modifies the affordable housing requirements on the project, the document may have to be changed accordingly. GAIL HUTTON City Attorney Attachment: First Amendment to Agreement 4!s:G:4-97-Memos:Afihousg i Council/Agency Meeting Held: Z Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date: February 5, 1996 Department ID Number: CD 96-05 CITY OF HUNTING TON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis / (,-- PREPARED BY: MELANIE S. FALLON, Community Development Director SUBJECT: Affordable Housing Agreement for Tracts 14134, 14007 and 14009 (Surfcrest and the Hamptons) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Statement of Issue: The Planning Commission approved Conditional Use Permit 69-62 and Tentative Tract Map No. 14134 on July 10, 1990 for Surfcrest, and Conditional Use Permit 90-47 and Tentative Tract Maps 14007 and 14009 on July 23, 1991 for the Hamptons with conditions to provide 20% of the total units in each tract as affordable for persons of low and moderate income. The applicant for both projects, represented by Tom Zanic of New Urban West, is requesting approval of the Affordable Housing Agreement for rental units to satisfy the affordable housing requirements for all three of the above mentioned Tracts. Funding Source: Not applicable. Recommended Action: "Approve the Affordable Housing Agreement as submitted (ATTACHMENT NO. 1) for Tentative Tract Map No. 14134 (Surfcrest), and Tentative Tract Map Nos. 14007 and 14009 (the Hamptons)." Alternative Action(s): "Continue the Affordable Housing Agreement for Tentative Tract Map No. 14134 (Surfcrest), and Tentative Tract Map Nos. 14007 and 14009 (the Hamptons) and direct staff accordingly." *QUEST FOR COUNCIL ACTIR MEETING DATE: DEPARTMENT ID NUMBER: CD 96-05 Analysis: The Planning Commission approved the Hamptons (north side of Garfield, east of Saddleback) and Surfcrest (Seapointe and Palm) projects separate and with conditions to provide affordable housing at a ratio of 20% of the total number of units being approved. The conditions read as follows: Tract No. 14134 (Surfcrest) "g. An Affordable Housing Agreement to provide on -site affordable housing shall be submitted for review and approval by the Community Development Department and City Attorney and recorded with County Recorder's Office. The Agreement shall provide for minimum 20 percent of the housing units (23 units) on -site, or the equivalent number off -site within the City, for persons of low and moderate income households pursuant to Section 65590 of the Government Code. The Agreement shall be for assured affordability for the life of the project." Tract Nos. 14007 and 14009 (The Hamptons) "5. Applicant shall submit an affordable housing plan which provides for 20% of the total units (29 units) approved to be affordable to families of low and moderate income. Said plan shall be executed prior to issuance of the first building permit for the tracts. The affordable units shall be under construction or available to the public prior to final inspection for the homes in master Conditional Use Permit No. 90-47. The plan may include; a. Build affordable units at an alternative location which is under control of the applicant. b. Rehabilitate existing units and ensure long term affordability. c. Preserve existing affordable units for the long term (30 years). d. Other options which generate new opportunities for affordable housing." The applicant has purchased an existing 65 unit apartment complex located at 7811 Talbert Avenue (Oceanaire Apartments) and is currently completing the rehabilitation of the units. Sixty-two (62) of the units will be made available for "moderate income households" and 3 of the units will be made available to "low income households" at an affordable rent. The units are currently rented at rents in the low and moderate income range. As required in the Affordable Housing Agreement (Attachment 1) a rental covenant will be recorded on the property to ensure that the range of rents to be charged for the next 30 will meet the low and moderate income standards. The apartment complex will be managed by a non-profit entity. Twenty-three (23) units were required on Tract 14134 (Surfcrest) and twenty-nine (29) units were required on Tracts 14007 and 14009 (the Hamptons) combined, for a total of fifty-two (52) units. The applicant has noted to staff that it is his understanding that only twenty-two (22) units were ultimately required on Tracts 14007 and 14007 combined. Staff is reviewing the files, and if documentation can be found to support the requirement for 22 units rather than 29, the adjustment will be made accordingly. In any case, 65 units are involved in the ZANICRCA.DOC -2- 01/25/96 1:28 PM *QUEST FOR COUNCIL ACTIA MEETING DATE: DEPARTMENT ID NUMBER: CD 96-05 agreement as being made available for rent to low and moderate income households. There will be a surplus of either 13 units, or 20 units above the applicants requirements for affordable units. The applicant is proposing that any surplus be made available to meet affordable housing requirements for future projects. Staff supports this concept and will continue to- review this as a viable option. Staff will forward additional information to the City Council if it is determined that a policy needs to be established for the ultimate " banking" of units. Environmental Status: Mitigated Negative Declarations Nos. 90-44, 90-45 and 90-46 approved by the Planning Commission July 23, 1991 for Tentative Tract Map Noose 14007 and 14009; Negative Declaration 89-52 approved by the Planning Commission July 10, 1990 for Tentative Tract No. 14134. Attachment(s): 1. Affordable Housing Agreement containing Covenants 2. Letter from Tom Zanic dated June 29, 1995. 3. Affordable Housing Agreement for Tract Map No. 14134 (Surfcrest) 4. Affordable Housing condition of approval 3,g on CUP No. 89-62, TT14134 5. Affordable Housing Plan for Tract Map Nos. 14007 and 14009 (The Hamptons) 6. Affordable Housing condition of approval Final Tract Map #5, a, b, c, and d on CUP No. 90-47, TT14007 and 14009 ZANICRCA.AOC -3- 01/25/96 1:42 PM 4, N. i . . .......... ...... Vt P 2.i EXPLANATION (Why is this RCA necessary to this agenda?): j 0 MF , � WmAr 2 FM m, wd. I YA &.5 ro, 71A liq g ��1111 .0-pq PIP W/o U OR= ffi.. Request for Late Submittal Requests for Council Action (RCA's) are due and considered late after the City Administrator's deadline which is 5:00 P.M. Wednesday ten days prior to the Council meeting at which the item is to be heard. This deadline reflects the time needed prior to Agenda Review for Administration staff and the City Administrator to review all RCA's and their support material prior to forwarding them to the City Clerk for placement on the preliminary agenda. It also provides time for the City Clerk's office to review the item and add proper wording for the item to the preliminary agenda for discussion at Agenda Review the following Monday. The Request for Late Submittal form provides a vehicle for RCA's to be submitted after the Wednesday, deadline when there are extenuating circumstances which delayed the item and when action on the item is necessary at the .upcoming Council meeting. Late items can agendized only with signed authorization on the Request for Late Submittal form by the Assistant City Administrator or the City Administrator. RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: Affordable Housing Agreement for Tracts 14134, 14007 and 14009, Surfcrest and the Ham tons COUNCIL MEETING DATE: I February 5, 1996 :. .RCA ATTACHMENTS :STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION'FOR MISSING ATTACHMENTS .:.]REVIEWED:' RETURNED: FOR ED. Administrative Staff Assistant City Administrator Initial City Administrator Initial i-City Clerk EXPLANATION:FOR RETORN OF ITEM: (Below Space For City Clerk's Use Only)