HomeMy WebLinkAboutSTELLKO PROPERTIES - 2001-06-04 Jl This Document was electronically recorded by
City of Huntington Beach
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City of Huntington Beach
2000 Main Street )
Huntington Beach, CA 92648 )
Attn: City Clerk/Dexise,&.2.&1,t )
(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
Atl vs T' , 2001, by and between the .CITY OF HUNTINGTON BEACH,
a municipal corporation("City") and EDWIN LEE KOLL and JOANN D. KOLL,
husband and wife, (herein referred to as "Owner").
RECITALS
A. Owner is fee owner of record of that certain real property(th
e"Site") located in the City of Huntington Beach, County of Orange, State of
California legally described in Attachment No. 1 hereto. There are currently thirty
(30) residential housing units located on the Site.
Page 1 of 3
B. On or about —TvwIE L/ , 2001, 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 Sv/c SY 3 . 200% as Instrument
No. go of p yy 3 7S/ in the Official Records of the Orange County
Recorder's Office.
C. Pursuant to Section I(B) of the Agreement, as soon as the
third (3rd) "Affordable Unit was rented to a "Lower Income Household" (as those
terms are defined in the Agreement) on the Site, City and Owner agree to cooperate
in the recordation of this Supplemental Memorandum memorializing the expiration
date of the "Affordability Period" (as that term is defined in the Agreement).
D. City and owner agree that the third (3t°) Affordable Unit on
the Site was rented to a Lower Income Household on Au,64AS 7'
. a0 y
NOW,THEREFORE,based upon the foregoing Recitals and for the
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 re Bred to in Section I(B) of the
Agreement shall expire on S,Ef TF/rJ/,�.F.t° , 20 (the thirtieth (30te)
anniversary of the date that the third (3rd) 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 ordocuments,
however, shall not extend the duration of the Agreement or this Supplemental
Memorandum beyond the expiration of the Affordability Period as provided herein.
Page 2 of 3
. t
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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
a municipal corporation
EDWIN LEE KOLL r Mayor.
ATTEST:
ter.
ANN D. KOLL Ci Clerk
APPROVED AS TO FORM:
q /�J 2,-e io
'City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVE_D
Director of C` unity
Development
Page 3 of 3
ATTACHMENT NO. 1
LEGAL DESCRIPTION OF THE SITE
Combined Lots 11 and 12 of Watson's Addition to Huntington
Beach, in the City of Huntington Beach, County of Orange, State
of California, as per Map recorded in Book 3 Page 39 of
Miscellaneous Maps, Records of Orange County, per tentative
Parcel Map 2000-208.
Attachment No. 1
r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
State of California
County of La-s N-,-"ejee
e.,Zn
Or gLLZ I O �0before me,6�-P��-1 �a�JS�L.• ? tVUl�y
` Date Here Insert Name and Title of th Officer
personally appeared eA W wt O �k ��A
Name(s)of Signer(s)
ot..v�•.NI . o
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)ft/are
subscribed to the within instrument and acknowledged
to me that lie/sire/they executed the same in
A/MHheir authorized capacity(ies), and that by
s/4&Aheir signature(s) on the instrument the
g MARY R. CONSALVES person(s), or the entity upon behalf of which the
i- commission# 1835520 z person(s) acted, executed the instrument.
zee '" �ti �f,� Notary Public-California zz
z �'"f'' Los Angeles County
My Comm. E>:Cir2s Mar 7,2(113 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: M
OPTIONAL
Place Notary Seal Above Signature nary Public
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 ,�A
Title or Type of Document: w12� ►oj "\e wx Re: r
Document Date: �� C7 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
Z6`Individuals ❑ Individual
0 0
❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑ Limited ❑General Top of thumb here
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
0 2010 National Notary Association-NationalNotary.org-1-800-US NOTARY(1-800-876-6827) Item#5907
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On October 11, 2010 before me, P. L. Esparza, Notary Public, personally
appeared Joan L. Flynn and Cathy Green who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
P. L.ESPARZA
WITNESS my hand and official seal. Commission# 1857021
z .•� Notary Public-California zZ
Z Orange County
My Comm.Ex Tres Au 4,2013
(Seal)
(Notary Signat," e)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
C014NIE BROCKWAY
CrrY CLERK
LETTER OF TRAhSti1ITTAL OF ITENI APPROVED BY THE CITY COUNCIL/
REDEVELOP11EN'T AGENCY OF THE CITY OF HUNTINGTOti REACH
DATE: July 13, 2001
TO: Stellko Properties ATTENTION: Doug Kerstner
Name
1210 E. 2023rd St., Suite 315 DEPARTAIENT:
Street
Carson, CA 90745 REGARDING: Agreement Containing
City,State,Zip —
Covenants
See Attached Action Agenda Item E-12 Datc of Approval 6/4/01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Com&Brockway
City Clerk
Attachments: Action Agenda Page x Agrecrlent x Bonds Insurance
RCA Deed Other
CC:
Name r)ey—w-.d RCA Agreement Insurance Other
Name peputmem RCA Agrew.ent Insurance Other
Name pepartment RCA Agreement kisurance Otter
Dame pepartrnertt RCA Agreement Insurance Other
Name l7cysrtmeu RCA Insurance
IT01ophone.714-SX-5227)
5100
Recorded in Official Records,County of Orange
RECORDING REQUESTED BY Gary Granville,Clerk-Recorder
AND WHEN RECORDED MAIL 11,1IIR11]11"f1111111111111TNO FEE
TO: ) 2001044375109:24am 07103101
109 73 Al2 16
City of Huntington Beach ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2000 Main Street )
Huntington Beach, CA 92649 )
Attn: City Clerk —
-. (Space above for recorder) 1 l9('
Id
This Agreement is recorded at the request of
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 4th day June ,
200 L by and between the CITY OF HUNTINGTON BEACH, a municipal
corporation ("City"), and EDWIN LEE KOLL and JOANN D. KOLL, husband
and wife,( herein referred to as "Owner").
RECITALS:
A. Owner is fee owner of record of that certain real property(the"Site)
located at 1301 Delaware Street, on Delaware Street between Memphis and
Nashville, in the City of Huntington Beach, County of Orange, State of California
legally described in the attached Exhibit "A", and C.U.P. No. 99-7 There are
currently thirty (30) residential housing units to be located on the Site.
I
B On October 12, 1999, the Planning Commission of City approved
the construction of thirty (30) residential housing units for the Site. City imposed
conditions of approval on the Project,requiring the provision of a specified number
of affordable housing units in conjunction with the new development.
NOW , THEREFORE, BASED UPON THE FOREGOING RECITALS
AND FOR GOOD AND VALUABLE CONSIDERATION,THE RECEIPT AND
SUFFICIENCY OF WHICH IS ACKNOWLEDGED BY BOTH PARTIES,CITY
AND OWNER AGREE AS FOLLOWS:
I AFFORDABLE MOUSING
(A) Number of Units- Owner agrees to make available,
restrict occupancy to, and lease three (3) Affordable Units on the Site to "Lower
Income".Households" at an"Affordable Rent" for the duration of the "Affordable
Period" (as those terms are defined herein below). Nothing in this Agreement shall
restrict Owner's right to select which of the thirty (30) rental housing units on the
Site shall be the Affordable Units and Owner may at its option change the location
of the Affordable Units on the Site from time to time, provided that a minimum of
three (3) rental housing units shall be restricted as Affordable Units during the
entire Affordable Period.
As used in this Agreement, the term "Lower Income Household"
shall mean persons and families whose income does not exceed (i) one unit at
eighty percent(80%); (ii) one unit at seventy percent(70%); (iii) one unit at sixty
percent (60%) 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) herein below.
As used in this Agreement,the term"Tenant"shall mean any person
who rents or leases any portion of the Sit: or any person who is not a fee or
equitable owner of any portion of the Site who uses the Site as his or her principal
residence. For purposes of this Agreement,principal residence will be determined
2
in the same manner as principal residence is determined for state residency under
California Vehicle; Code Section 516.
(B) Duration of Affordability Requirements: The Affordable
Units shall be subject to the requirements of this Agreement from the date of this
Agreement Until the date that is thirty (30) years from the date the three (3)
Affordable Units have been rented to a Lower Income household. City
acknowledges that the residential dwelling units on the Site are occupied as of the
date of 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 third(31)Affordable Unit has been rented to a Lower
Income Household pursuant to this Agreement, City and Owner shall cooperate in
the recordation of a supplemental Memorandum confirming the expiration date of
the Affordability Period. the form of the supplemental Memorandum is attached
hereto as Exhibit "B".
(C) Income of Tenant: After the lease of any Affordable Unit
to a Tenant, Owner shall submit to City a completed income computation and
certification form, in such form as is generally used by City in administering its
affordable housing program from time to time. Owner shall certify that to the best
of its knowledge each Tenant of an Affordable Unit is a Lower Income Household
and meets the eligibility requirements established for the particular Affordable Unit
occupied by such household. Owner shall obtain an income certification from each
Tenant of an Affordable Unit and shall certify that, to the best of Owner's
knowledge, the income of the Tenant is truthfully set forth in the income
certification form_ Owner shall verify the income certification of the Tenant in one
or more of the following methods as specifically requested by City:
(1) Obtain two(2)paycheck stubs from the Tenant's two
(2) most recent pay periods.
(2) Obtain a true copy of an income tax return from the
Tenant for the most recent tax year in which a return was filed
3
(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 one 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%) of the monthly area median income for a
household of four persons.
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.
4
OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE
UNITS ACCORDINGLY.
Owner's ' ials
(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 City within sixty
(60) days after the end of the Affordability Period. Each annual report shall
identify the number and location of the Affordable Units for the applicable
reporting period,the identity of each Tenant occupying the 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 will 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,Iease,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:
5
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 verdees 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„ Iease, rental,
sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the
transferee itself or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy of tenants, lessees, subtenants,
sublessees, or vendees of the land."
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 Iease 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
6
unreasonable noises or otherwise, nor shall any Tenant commit or permit any
nuisance on the premises or fail to keep the premises free of rubbish,clippings,and
trash or commit or suffer any illegal act to be committed thereon;
(C) the Tenant shall comply with all of the lawful requirements
of all governmental authorities with respect to the premises;
(D) there shall be no structural alteration, constriction, or
removal of any building, fence,or other structure on the Site(other than repairs or
rebuilding permitted herein) with the approval of City;
(E) no person shall be permitted to occupy the premises for
transient or hotel purposes; and
(F) the Tenant shall comply in all respects with this Agreement
and any failure by the Tenant to comply with the terms of this Agreement shall be
a default under the Tenant's lease.
IV APPLICABLE LAW
(A) If any provisions 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 invalid provision
affects the consideration of this Agreement;and such provisions 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.
7
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 the 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 form the Site.
(B) Subordination to Trust Deeds Notwithstanding any other
provision in this Agreement to the contrary, the covenants and agreements
established in this Agreement at all times shall be junior and subordinate to the lien
of any mortgage or deed of trust recorded by or on behalf of a lender to secure a
loan for the acquisition or improvement of the Site, including without limitations,
any deed of trust recorded concurrently herewith. City agrees at no expense to
City, to executed such documents as may be reasonably requested by owner, any
successor or assign to owner's right, title, and interest in and to all or any portion
of the Site, or any lender of any such person subordinating City's rights and
interest under this Agreement to the lien of any trust deed recorded or to be
recorded by a lender securing a loan for the acquisition or improvement of the Site.
Owner, Owner's successor or assign, or the benefitted lender shall be responsible
for preparing the document(s) creating such subordination of City's interest.
8
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
a mu 'cipal corporation
EDWIN LEE KOLL Mayor
ATTEST:
ANN D. KOLL City Clerk. /z-O 1
APPROVED AS TO FORM:
.� , o
City Attorney I
REVIEWED AND APPROVED; INIT r ED AND APPROVED
City Ad nistrator 91VcIor of C nity
Development
9
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES }
On 2000 before me,
Notary Public, personally appeared EDWIIt LEE KOLL and JOANN D. KOLL,
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and
that by their signatures on the instrument,the persons,or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal
NOTARY PUBLIC
(Seal)
NARY R. GOhSALVES
cow. i 1126161 «�
m NOW PUELICCAUTM1 �
40 LOS AxGats cmpay
_.* ' VY C07-1.E0.1t:d 1.2�C1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of _D/7A4?e e
On 7 , before me,
Efate Tame and 7Ne Of Olf (e g..•Jane Doe nary PuGc-i
personally appeared pw;e- . Z— 1 L �lZ4vc7P11
Narrms)of Synegs) _•
Lj personally known to me
O proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) flare
• subscribed to the within instrument and
acknowledged to me that he/stye/they executed
the same in Wber/their authorized
capacity(ies), and that by his/ber/their
ATV*CLEARY signature(s)on the instrument the person(s),or
tanot2sm the entity upon behalf of which the person(s)
• 1*vyrLtlt-Coma m acted, executed the instrument.
nlotlpe CKWO
My0ot MB0es!an142M4
WITNESS my hand and official seal.
Place Notary Seal Above smpnaturs Ndary Puwc
OPTIONAL
Though the information baiow is not required by law,it may p.-ove valuable to pars s relying on the document
and could prevent fraudulent removal and reattachment of this form t nother 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
Signer's Name:
0 Individual
top of mur.rn Here
Cl Corporate Officer—Titte(s
0 Partner—C1 Limited eneral
Attorney in Fact
El Trustee
El Guardian or onservator
0 Other:
ISign s Representing:
s � �.
Q iM NehmW Nowt'Assum on*MO Do Solo A e.Po.em 2402•Cfatu wnh.CA 9 W 3-24M e- rAhurndry0Fg Prod Ift"07 Awder CAd U-Fne f-*00>1764M?
EXHIBIT "A"
LEGAL DESCRIPTION OF THE SITE
Combined Lots 11 and 12 of Watson's Addition to Huntington Beach, in
the City of Huntington Beach,County or Orange,State of California,as per
Map thereof recorded in Book 3 Page 39 of Miscellaneous Maps, Records
of Orange County, per tentative Parcel Map 2000-208.
Exhibit "A"
10
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
92001, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation("City")and EDWIN LEE KOLL and JOANN D.KOLL,
husband and wife, (herein referred to as "Owner").
RECITALS
A. Owner is fee owner of record of that certain real property(th
e"Site") located in the City of Huntington Beach, County of Orange, State of
California legally described in Attachment No. 1 hereto. There are currently thirty
(30) residential housing units located on the Site.
Exhibit "B"
Page 1 of 3
B. On or about , 2001 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 . - 200 X 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
third(3' ) "Affordable Unit was rented to a "Lower Income Household" (as those
terms are defined in the Agreement)on the Site,City and Owner agree to cooperate
in the recordation of this Supplemental Memorandum memoriaaing the expiration
date of the "Affordability Period" (as that term is defined in the Agreement).
D. City and owner agree that the third(3')Affordable Unit on
the Site was rented to a Lower Income Household on ,
2000.
NOW,THEREFORE,based upon the foregoing Recitals and for the
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 (3Y
anniversary of the date that the third (3nd) 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.
Exhibit "B"
Page 2of3
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
a municipal corporation
EDWIN LEE KOLL Mayor
ATTEST:
J0`ANN D. KOLL City Clerk
APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
Director of Community
Development
Exhibit "B"
Page 3 of 3
ATTACHMENT NO. 1
LEGAL DESCRIPTION OF THE SITE
Combined Lots 11 and 12 of Watson's Addition to Huntington
Beach, in the City of Huntington Beach, County of Orange, State
of California, as per Map recorded in Book 3 Page 33 of
Miscellaneous Maps, Records of Orange County, per tentative 1
Parcel Map 2000-208.
Attachment No. 1
Counc:I/Agency Meeting Held:
Deferred/Continued to:
Ap roved O Conditionally pproved O Denied TEQ• Cle Signature
Council Meeting Date: June 4, 2001 Department ID Number: PL01-19
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administratoro2 f o x
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
N nZ,a)
SUBJECT: APPROVE AFFORDABLE HOUSING AG EMENT FOR SYLLtjC 4
PROPERTIES (30 unit apartment project at 1301 Delaward-GSt.,' ' -,p
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Statu,,",,Att C ment(s]
Statement of Issue:
Transmitted for your consideration is a request by Mr. Doug Kerstner of Steliko Properties to
approve an affordable housing agreement for a 30 unit apartment project located at 1301
Delaware Street. The agreement will restrict three apartments (10% of 30 units) to low
income families for a period of 30 years. Staff recommends that the City Council review and
approve the affordable housing agreement.
Funding Source: Not applicable.
Recommended Action:
Motion to:
"Approve the Agreement Containing Covenants Affecting Real Property By and Between the City
of Huntington Beach and the Edwin Lee Koll and Joann D. Koll and authorize the Mayor and City
Clerk to sign and execute (Attachment No. 1).'
Alternative Action(s):
The City Council may make the following alternative motion(s):
"Continue the Agreement Containing Covenants Affecting Real Property By and Between the
City of Huntington Beach and the Edwin Lee Koll and Joann D. Koll and direct staff
accordingly."
IJ �
MEETING DATE: June 4, 2001 DEPARTMENT ID NUMBER: PL01-19
Analysis:
A. PROJECT PROPOSAL:
Applicant: Doug Kerstner, Stellko Properties, 1210 E. 223`d St. #318, Carson, CA 90745
Location: 1301 Delaware Street (west side, between Memphis and Nashville Aves.)
The apartment project, which will be owned and operated by Stellko Properties, consists of
30 2-bedroom units of approximately 1,100 sq. ft. in size. The affordable housing agreement
will restrict three apartment units on-site to low-income households for a period of 30 years.
One unit will be restricted to a family earning less than 80% of the county median. A second
unit will be restricted to 70%, while a third will be restricted to 60%.
B. STAFF ANALYSIS AND RECOMMENDATION:
The City of Huntington Beach requires that all new residential projects that consist of three or
more units provide the equivalent of 10 percent of the units as affordable housing.
Developers have the option of restricting units within their own project as affordable or
restricting units off-site.
On October 12, 1999, the Planning Commission conditionally approved Conditional Use
Permit No. 99-7, permitting the construction of a 30 unit apartment project on a 1.4 acre site
at the northwest corner of Delaware and Memphis. Condition No. 2.b. requires an affordable
housing agreement for three units be executed by the property owner prior to issuance of
building permits. The property owner has elected to provide the required affordable units
on-site within the apartment complex.
Low income units must be affordable to households earning no more than 80 percent of the
Orange County median income. For a three person household this is the equivalent of
$53,050 in annual gross income. The maximum rental prices of these units are anticipated
to range from $900 (very low income) to $1250 (low income) per month. Final rental rates
will be determined by the City of Huntington Beach.
The proposed agreement is consistent with standard affordable housing agreements
prepared by the City Attorney's Office and complies with the affordable housing condition set
forth in Conditional Use Permit No. 99-7. Therefore, staff recommends the City Council
approve the agreement.
Environmental Status:
The subject request is not subject to the California Environmental Quality Act pursuant to
Section 15061 (b) (3).
PZ04-19 -2- 05125101 11:29 AM
MEETING DATE: June 4, 2001 DEPARTMENT ID NUMBER: PL01-19
Attachment Us :
City 61ork's
• . . - � •
7. Affordable Housing Agreement
RCA Aulhors: INCiMBB
PLO149 -3- 05/25/01 11:29 AM
lJ U
ATTACHMENT 1
CITY OF HUNTINGTON BEACH
le 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
June 18, 2001
Gary L. Granville
County Clerk-Recorder
P. O. Box 238
Santa Ana,CA 92702
Enclosed please find a Agreement Containing Covenants Affecting Rea!Property
(Affordable Rental Housing) to be recorded and returned to the City of Huntington Beach,
Office of the City Clerk,2000 Main Street, Huntington Beach, CA 92648.
Please return a conformed copy of the Agreement Containing Covenants when recorded to
this office in the enclosed self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
glrolowuplmisc...doc Agreement Containing Covenants—Edwin Lee Koll$Joann D.Koll—Affordable Rental
Housing
ITelephonr 714-536-5227)
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
a municipal corporation
To-,
EDWIN LEE KOLL Mayor
ATTEST:
L
/0ANN D. KOLL City Clerk
APPROVED AS TO FORM:
,ajCity Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
Director of Community
Development
Exhibit "B"
Page 3 of 3
RECORDING REQUESTED BY }
AND WHEN RECORDED MAIL )
• TO: )
}
City of Huntington Beach )
2000 Main Street )
Huntington Beach, CA 92649 )
trn• City Clerk
(Space above for recorder)
This Agreement is recorded at the request of
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_
MEAL PRO_PIRTY
(Affordable Rental Housing)
'PHIS AGREEMENT CONTAINING COVENANTS AFFECTING
REAL PROPERTY(the"Agreement") is entered into this 4th day June ,
2003, by and between the CITY OF HUNTINGTON BEACH, a municipal
corporation ("City"), and EDWIN LEE KOLL and JOANN D. KOLL, husband
and wife,(herein referred to as "Owner").
RECITALS:
A. Owner is fee owner of record of that certain real property(the "Site)
located at 1301 Delaware Street, on Delaware Street between Memphis and
Nashville, in the City of Huntington Beach, County of Orange, State of California
legally described in the attached Exhibit "A", and C.U.P. No. 99-7 There are
currently thirty (30) residential housing units to be located on the Site.
1
B On October 12, 1999, the Planning Commission of City approved
the construction of thirty (30) residential housing units for the Site. City imposed
conditions of approval on the Project,requiring the provision of a specified number
of affordable housing units in conjunction with the new development.
NOW , THEREFORE, BASED UPON THE FOREGOING RECITALS
AND FOR GOOD AND VALUABLE CONSIDERATION,THE RECEIPT AND
SUFFICIENCY OF WHICH IS ACKNOWLEDGED BY BOTH PARTIES,CITY
AND OWNER AGREE AS FOLLOWS:
I AFFORDABLE HOUSING
(A) Number of Units: Owner agrees to make available,
restrict occupancy to, and lease three (3) Affordable Units on the Site to "Lower
Income" Households" at an"Affordable Rent" for the duration of the "Affordable
Period" (as those terms are defined herein below). Nothing in this Agreement shall
restrict Owner's right to select which of the thirty (30) rental housing units on the
Site shall be the Affordable Units and Owner may at its option change the location
of the Affordable Units on the Site from time to time, provided that a minimum of
three (3) rental housing units shall be restricted as Affordable Units during the
entire Affordable Period.
As used in this Agreement, the term "Lower Income Household"
shall mean persons and families whose income does not exceed (i) one unit at
eighty percent(80%); (ii)one unit at seventy percent(70%); (iii) one unit at sixty
percent (60%) 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) herein below.
As used in this Agreement,the term"Tenant"shall mean any person
who rents or leases any portion of the Site or any person who is not a fee or
equitable owner of any portion of the Site who uses the Site as his or her principal
residence. For purposes of this Agreement,principal residence will be determined
2
in the same manner as principal residence is determined for state residency under
California Vehicle Code Section 516.
(B) Duration of Affordability Requirements: The Affordable
Units shall be subject to the requirements of this Agreement from the date of this
Agreement until the date that is thirty (30) years from the date the three (3)
Affordable Units have been rented to a Lower Income Household. City
acknowledges that the residential dwelling units on the Site are occupied as of the
date of 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 third(3nd)Affordable Unit has been rented to a Lower
Income Household pursuant to this Agreement, City and Owner shall cooperate in
the recordation of a supplemental Memorandum confirming the expiration date of
the Affordability Period. the form of the supplemental Memorandum is attached
hereto as Exhibit "B".
(C) Income of Tenant: After the lease of any Affordable Unit
to a Tenant, Owner shall submit to City a completed income computation and
certification form, in such form as is generally used by City in administering its
affordable housing program from time to time. Owner shall certify that to the best
of its knowledge eazh Tenant of an Affordable Unit is a Lower Income Household
and meets the eligibility requirements established for the particular Affordable Unit
occupied by such household. Owner shall obtain an income certification from each
Tenant of an Affordable Unit and shall certify that, to the best of Owner's
knowledge, the income of the Tenant is truthfully set forth in the income
certification form. Owner shall verify the income certification of the Tenant in one
or more of the following methods as specifically requested by City:
(1) Obtain two(2)paycheck stubs from the Tenant's two
(2) most recent pay periods.
(2) Obtain a true copy of an income tax return from the
Tenant for the most recent tax year in which a return was filed
3
(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.
(S) Obtain an alternate form of income verification
reasonably requested by City, if one 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%) of the monthly area median income for a
household of four persons.
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 KNONVINGLY 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.
4
OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE
UNITS ACCORDINGLY.
Owner's ' ials
(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 City within sixty
(60) days after the end of the Affordability Period. Each annual report shall
identify the number and location of the Affordable Units for the applicable
reporting period,the identity of each Tenant occupying the 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 will utilize said form,provided that it complies
substantially with the foregoing requirements.
II ON-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,Iease,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:
5
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]eased, nor
shall the lessee itself, or any other person claiming under or through it, establish
or permit such practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy of tenants, lessees, sublessees,
subtenants, or vendees in the land herein leased."
In contracts: "There shall be no discrimination against or
segregation of any persons or group of persons on account of sex, marital status,
race, color, creed, religion, national origin, or ancestry in the sale„ lease, rental,
sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the
transferee itself or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy of tenants, lessees, subtenants,
sublessees, or vendees of the]and."
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
6
unreasonable noises or otherwise, nor shall any Tenant commit or permit any
nuisance on the premises or fail to keep the premises free of rubbish,clippings,and
trash or commit or suffer any illegal act to b.-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) with the approval of City;
(E) no person shall be permitted to occupy the prenuses 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 Iease.
IV APPLICABLE LAW
(A) If any provisions 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 invalid provision
affects the consideration of this Agreement;and such provisions 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.
7
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 the 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 form the Site.
(B) Subordination to Trust Deeds Notwithstanding any other
provision in this Agreement to the contrary, the covenants and agreements
established in this Agreement at all times shall be junior and subordinate to the lien
of any mortgage or deed of trust recorded by or on behalf of a lender to secure a
loan for the acquisition or improvement of the Site, including without limitations,
any deed of trust recorded concurrently hervvith. City agrees at no expense to
City, to executed scch documents as may be reasonably requested by owner, any
successor or assign to o,%mer's right, title, and interest in and to all or any portion
of the Site, or any lender of any such person subordinating City's rights and
interest under this Agreement to the lien of any trust deed recorded or to be
recorded by a lender securing a loan for the acquisition or improvement of the Site.
Owner, Owner's successor or assign, or the benefitted lender shall be responsible
for preparing the document(s) creating such subordination of City's interest.
8
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
a mu 'cipaI corporation
EDWIN LEE KOLL Mayor
ATTEST:
ANN D. KOLL City Clerk
APPROVED AS TO FORM:
n o
City Attorneyj '
REVIEWED AND APPROVED; INIT TED AND APPROVED J
City Adninstrator - ctor of CsnuvKunity
Development
9
STATE OF CALIFORNIA }
ss.
COUNTY OF LOS ANGELES }
On OAo' .'-, '�� 2000 before me, Q•�';S �-v'� S
Notary Public, personally appeared EDWIN LEE KOLL and JOANN D. KOLL,
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and
that by their signatures on the instrument, the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official sea]
4"
NOTARY PUBLIC
(Seal)
} R. GONSALVES
cov..M, / 1126161 «s
'2 IDS MELE3 COUIRTY
L n. 1,h1 iG"-Erb.
A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
V G`c�(ClL'i`L C�`L•c'L't`L-c`t<` t� l`C�Cs'C�L�c Lac C`�`L^�C<`� '�'
State of California
�a 55.
County of
On , before me, x/,1VC J/G ,
.m Nary lira Too of OR (e q..-Jww Do+ :any PuW c')
personally appeared "ee_
N.We(a)of
personally known to me
❑ proved to me on the basis of satisfactory
eviderce
1
to be the person(s) whose name(s) Aare
• subscribed to the within instrument and
acknowledged to me thathelshelthey executed
the same in 1ualberltheir authorized
capacity(ies), and that by .h+slherltheir
CtF�RY signature(s)on the instrument the person(s), or
��; the entity upon behalf of which the person(s)
- � acted, executed the instrument.
O�e��pa Oourrty
MYCortltR ]an]$�[A1
'- WITNESS my hand and official seal.
j,
1 PW.O Notary$!dl Above bgnsture D.Notary PW C
OPTIONAL
Trlough the information below is not required by law,it may prom valuable to persqns relying or;the document
�1 and could prevent fraudulent removal and reattachment of this to t pother document.
r Description of Attached Document
Title or Type of Document:
Document Date: Z.Z Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ IndividuaXFact
Top o•uxr•+b hers
❑ Corpora
❑ Partner
❑ Attorney❑ Trustee
❑ Guardia
❑ Cther:
Sign Zs presenting:
0 1999 NSWW NOMY AMOMUM•9M Do SuW Ave..M Dow 24M•ChoMMI►CA 91313 2402•rrwM raborrhata^/W2 Prod No 5907 Am-der Cal ToFFrN I-SM1764W
EXHIBIT "A"
LEGAL DESCRIPTION OF THE SITE
Combined Lots 11 and 12 of Watson's Addition to Huntington Beach, in
the City of Huntington Beach,County or Orange,State of California,as per
Map thereof recorded in Book 3 Page 39 of Miscellaneous Maps, Records
of Orange County, per tentative Parcel Map 2000-208.
Exhibit "A"
10
EXHIBIT "B"
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City of Huntington Beach )
2000 Main Street )
Huntington Beach, CA 92648 )
Attn:--Cijy 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
, 2001, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation("City")and EDWIN LEE KOLL and JOANN D. KOLL,
husband and wife, (herein referred to as "Owner").
RECITALS
A. Owner is fee owner of record of that certain real property(th
e"Site") located in the City of Huntington Beach, County of Orange, State of
California legally described in Attachment No. 1 hereto. There are currently thirty
(30) residential housing units located on the Site.
Exhibit "B"
Page 1 of 3
B. On or about , 200 3 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 . 200% 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
third (3'd) "Affordable Unit was rented to a "Lower Income Household" (as those
terms are defined in the Agreement)on the Site.City and Owner agree to cooperate
in the recordation of this Supplemental Memorandum memorializing the expiration
date of the "Affordability Period" (as that term is defined in the Agreement).
D. City and owner agree that the third(3 )Affordable Unit on
the Site was rented to a Lower Income Household on ,
2000.
NOW,THEREFORE,based upon the foregoing Recitals and for the
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 (3(Yb)
anniversary of the date that the third (3rd) 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.
Exhibit "B"
Page 2 of 3
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
a municipal corporation
EDWIN LEE KOLL Mayor
ATTEST:
JOANN D. KOLL City Clerk
APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
Director of Community
Development
Exhibit "B"
Page 3 of 3
ATTACHMENT NO. 1
LEGAL DESCRIPTION OF THE SITE
Combined Lots 11 and 12 of Watson's Addition to Huntington
Beach, in the City of Huntington Beach, County of Orange, State
of California, as per Map recorded in Book 3 Page 39 of
Miscellaneous Maps, Records of Orange County, per tentative 1
Parcel Map 2000-208.
Attachment No. 1