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HomeMy WebLinkAboutBeachview Investments, Inc. Affordable Housing Agreement (El Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder �� 11 II 1111111 11 �1 111[ 1 11 NO FEE * $ R 0 0 1 2 2 1 8 2 5 5 $ * RECORDING REQUESTED BY ) 2020000638342 8:00 am 11/06/20 AND WHEN RECORDED MAIL TO: ) 90 Sec2A A23 Al2 C34 S12 21 0.00 0.00 0.00 0.00 60.00 0.00 0.000.000.00 0.00 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. SECOND AMENDED AND RESTATED AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (AFFORDABLE RENTAL HOUSING) THIS SECOND AMENDED AND RESTATED AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY(the"Agreement")is entered into as of November 1, 2020 by and between the City of Huntington Beach,a municipal corporation ("City"), the Huntington Beach Housing Authority, successor-in-interest to the former Redevelopment Agency of the City of Huntington Beach,a public body corporate and politic("Authority"), and Huntington Beach Housing Associates,L.P., a California limited partnership ("Owner"). RECITALS: A. Owner is fee owner of record of that certain real property (the"Property") located at 8102 Ellis Avenue,Huntington Beach, 92648,legally described in the attached Exhibit"A." B. On November 6,2002,the City Council of City approved Conditional Use Permit No. 99-31. City imposed conditions of approval on the Project, requiring the provision of one hundred six (106)affordable housing units in conjunction with the new development. C. On March 17, 2003, City and Beachview Investment, Inc. (`Beachview') entered into an agreement entitled "Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing),"which was recorded against the Property on March 28,2003 by the Orange County Clerk-Recorder as document number 2003000343758. At the time of recordation of said Agreement, Owner was owner of the Property. 1 2 0-9020/23 621 1/SFF D. On April 22, 2003, City and Beachview entered into an agreement entitled "Amended and Restated Agreement Containing Covenants Affecting Real Property(Affordable Rental Housing),"which was recorded against the Property on June 6,2003 by the Orange County Clerk-Recorder as document number 2003000660244. At the time of execution and recordation of said Agreement, Owner was owner of the Property. E. On July 1,2006,California Statewide Communities Development Authority and Owner entered into an agreement entitled "Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants," which was recorded on July 31, 2006 against the Property by the Orange County Clerk-Recorder as documents number 2006000507659 (the "California Development Agreement"). F. On October 14, 2005, California Tax Credit Allocation Committee and Owner entered into an agreement entitled "Regulatory Agreement" which was recorded on April 13,2007 against the Property by the Orange County Clerk-Recorder as document number 2007000238995 (the "Tax Credit Agreement"). G. Owner now seeks the approval of the City and the Authority to sell the Property to an affiliate of Peak Capital Partners. City and Authority require as a term and condition of approving the sale of the Property that this Agreement is recorded to ensure its enforceability for the term of the Agreement. NOW,THEREFORE,BASED UPON THE FOREGOING RECITALS AND FOR GOOD AND VALUABLE CONSIDERATION,THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEDGED BY ALL PARTIES,CITY,AUTHORITY AND OWNER AGREE AS FOLLOWS: I. AFFORDABLE HOUSING (A) Number of Units. Owner agrees to make available,restrict occupancy to, and lease one hundred six (106) Affordable Units on the Property to "Very Low Income Households" and"Low Income Households" at an"Affordable Rent" (as those terms are defined hereinbelow) in perpetuity. As used in this Agreement,the term"Very Low Income Household" shall mean persons and families whose income does not exceed fifty percent (50%) of Orange County median income, adjusted for family size, and the term "Low Income Households" 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. 2 20-9020/236211/SFF Income levels for each category of Affordable Unit shall be based on Orange County median income and shall be further defined as shown on the following chart which provides an example for the year 2000: Household County 24 Very Low Units 23 Very Low Units 30 Low Units Income 29 Low Units Income Size Median Income between 0- Income between 36- between 51-65%of between 66-80%of 35%of County 50%of County Median County Median County Median Median(Category A) (Category B) (Category C) (Category D) 1 $47,800 $16,730 $23,900 $31,070 $38,240 2 $54,650 $19,127 $27,325 $35,522 $43,720 As used in this Agreement,the term"Affordable Rent" shall have the meaning set forth in Section I(D) hereinbelow. As used in this Agreement,the term "Tenant" shall mean any person who rents or leases any portion of the Property or any person who is not a fee or equitable owner of any portion of the Property who uses the Property as his or her principal residence. For purposes of this Agreement, principal residence will be determined in the same manner as principal residence is determined for state residency under California Vehicle Code Section 516. (B) Duration ofAffordabiliiy Requirements. The Affordable Units shall be subject to the requirements of this Agreement in perpetuity. (C) Income of Tenant. After the lease of any Affordable Unit to a Tenant, and each year thereafter on the anniversary date of such lease, 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 Very Low or Low Income Household and meets the eligibility requirements established for the particular Affordable Unit occupied by such household. Owner shall obtain an income certification from each Tenant of an Affordable Unit and shall certify that, to the best of Owner's knowledge,the income of the Tenant is truthfully set forth in the income certification form. Owner shall verify the income certification of the Tenant in one or more of the following methods as specifically requested by City: (1) Obtain two (2)paycheck stubs from the Tenant's two (2) most recent pay periods. (2) Obtain a true copy of an income tax return from the Tenant for the most recent tax year in which a return was filed. (3) Obtain an income verification certification from the employer of the Tenant. 3 20-9020/23 62 1 1/SFF (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. (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 Very Low or Low Income Households shall be generally established at thirty percent(30%) of the monthly area median income for such households. Rental rates for each Affordable Unit shall be determined as indicated by the following example and chart: Example: Maximum Rent I Person Household Earning up to 35%of County Median in Year 2000 $47,800 (county median) x 35% (35% of county median) _ $16,730 (Maximum income) x 30% (maximum amount of income towards housing expenses) = 5,019(yearly housing expenses) divided by 12 (months/year) _ $418.00 (Maximum rent if utilities paid by property owner); or minus $28.00 (utility expenses) _ $390.00 (Maximum rent per month when utilities paid by tenant) Utilizing the above formula,Maximum Rental Rates have been determined for the year 2000 as follows: Unit Type and Income Levels 1 Person Household 2 Person Household Maximum Rent* Maximum Rent* 24 Very Low Units Income between 0-35% County Median (Category A) $390.00 $450.00 23 Very Low Units Income between 36-50% County Median (Category B) $569.00 $655.00 30 Low Units Income between 51-65% County Median (Category C) $748.00 1 $860.00 4 20-9020/236211/SFF 29 Low Units Income between 66-80% County Median (Category D $928.00 $1,065.00 *$28.00 may be added to each maximum rent if all utilizes are paid by the property owner. The Affordable Rent amount forthe Affordable Units shall be adjusted annually by the formula set forth above upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development. OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. Owner s mit s (E) Annual Rem. 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 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. IL NON-DISCRIMINATION Owner,on behalf of itself and its successors, assigns,and each successor in interest to the Property 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 Property. Each and every lease and contract entered into with respect to any of the Affordable Units on the Property during the Affordability Period shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 5 20-9020/236211/SFF 29 Low Units Income between 66-80% County Median (Category D) $928.00 $1,065.00 *$28.00 may be added to each maximum rent if all utilizes are paid by the property owner. The Affordable Rent amount forthe Affordable Units shall be adjusted annually by the formula set forth above upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development. OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. 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 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 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. IL NON-DISCRIMINATION Owner,on behalf of itself and its successors, assigns, and each successor in interest to the Property 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 Property. Each and every lease and contract entered into with respect to any of the Affordable Units on the Property during the Affordability Period shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 5 20-9020/23621I/SFF 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 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 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, each lease for any of the Affordable Units on the Property 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; 6 20-9020123621 I/SFF (D) there shall be no structural alteration, construction, or removal of any building,fence, or other structure on the Property (other than repairs or rebuilding permitted herein) without the approval of City; (E) no person shall be permitted to occupy the premises for transient or hotel purposes; and (F) the Tenant shall comply in all respects with this Agreement and any failure by the Tenant to comply with the terms of this Agreement shall be a default under the Tenant's lease. IV. APPLICABLE LAW; BINDING ON SUCCESSORS; PROHIBITION AGAINST TRANSFERS; MISCELLANEOUS (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 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. (C) 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 Property, for the benefit of and in favor of City and Agency. All the covenants contained in this Agreement shall remain in effect for perpetuity. (D) Owner shall not,except as permitted by this Agreement, assign or attempt to assign this Agreement or any right herein, nor make any total or partial sale,transfer, conveyance or assignment of the whole or any part of the Property (referred to hereinafter as a "Transfer"), without prior written approval of the City and Agency, except as expressly permitted by this Agreement. Any proposed transferee shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by the City and Agency, to fulfill the obligations undertaken in this Agreement by the Owner. Any such proposed transferee, by instrument in writing satisfactory to the City and Agency and in form recordable among the land records, for itself and its successors and assigns, and for the benefit of the City and Agency, shall expressly assume all of the obligations of the Owner under this Agreement and agree to be subject to all conditions and restrictions applicable to the Owner in this Agreement. There shall be submitted to the City and Agency for review all instruments and other legal documents proposed to effect any such Transfer, and if approved by the City and Agency its approval shall be indicated to the Owner in writing. In the absence of specific written agreement by the City and Agency, no unauthorized Transfer,or approval thereof by the City and Agency, 7 20-9020/236211/SFF shall be deemed to relieve the Owner or any other party from any obligations under this Agreement. Consent to any proposed transfer shall not be deemed to be a waiver of City and Agency's right to require consent to future or successive transfers. (E) This Agreement may be executed in multiple counterparts, all of which,in the aggregate, shall constitute a single instrument even though all parties may not have executed the same counterpart. V. ENFORCEABILITY The Parties agree and acknowledge that(i)the provisions of this Agreement are enforceable against the Owner, with the intent that the covenants run with the land and will be binding upon successors-in-interest to the Owner, (ii)there are restrictions and covenants set forth in the California Development Agreement and the Tax Credit Agreement,the liens of such documents having been made expressly subordinate to the lien of this Agreement by the execution and recordation of Consents and Subordinations by the parties thereto,and (iii) to the extent the covenants and obligations of the Owner under this Agreement are more restrictive than those contained in the California Development Agreement or the Tax Credit Agreement, the provisions of this Agreement shall control. IN WITNESS WHEREOF, City,Authority and Owner have executed this Second Amended and Restated Agreement Containing Covenants Affecting Real Property. Huntington Beach Housing Associates, CITY OF HUNTINGTON .BEACH, L.P., a California limited partnership a municipal corporation By: Nexus for Affordable Housing, REVIEWED AND APPROVED: Inc., a California nonprofit public benefit corporation City Manager Its: Managing General Partner By: _ Name: APPROVED AS TO FORM: "Title: By: Villa Beach Development, LLC, a California limited liability company '�.CtYy Witorney Its: Adminis iverntcr By: Name: RNTHoN-y CHENfi Title: 0gANAhEfL 8 20-9020/23621 I/SFF COUNTERPART f I ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California SS. County of lOS'41 gGlei � I On Ocfobf/' 261 2000 before me, hicill, Chart Notary Public, personally appeared f you y L rl ah 9' who proved to me on the basis of satisfactory evi nce to be the personH whose name(s)isAar-e subscribed to the within instrument and acknowledged to me that he/34e/lhey executed the same in his/lover/their authorized capacity(-ies),and that by his/4ex.{U6r signatureEs)on the instrument the person(c),or the entity upon behalf of which the personH acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a� ' Cowy.t 2242SU p NOTARY PIlBIIC•CALIFOk,'A COUNTY 0'l05 AwaLES �'�� YT COIrM.EzD.Juu 14,2022 SiSignature Seal g (Seal) i 1 I 1 1 s E `33t I 1 i 1 i iI shall be deemed to relieve the Owner or any other party from any obligations under this Agreement. Consent to any proposed transfer shall not be deemed to be a waiver of City and Agency's right to require consent to future or successive transfers. (E) This Agreement may be executed in multiple counterparts, all of which, in the aggregate, shall constitute a single instrument even though all parties may not have executed the same counterpart. V. ENFORCEABILITY The Parties agree and acknowledge that (i) the provisions of this Agreement are enforceable against the Owner, with the intent that the covenants run with the land and will be binding upon successors-in-interest to the Owner, (ii) there are restrictions and covenants set forth in the California Development Agreement and the Tax Credit Agreement, the liens of such documents having been made expressly subordinate to the lien of this Agreement by the execution and recordation of Consents and Subordinations by the parties thereto, and (iii) to the extent the covenants and obligations of the Owner under this Agreement are more restrictive than those contained in the California Development Agreement or the Tax Credit Agreement, the provisions of this Agreement shall control. IN WITNESS WHEREOF, City, Authority and Owner have executed this Second Amended and Restated Agreement Containing Covenants Affecting Real Property. Huntington Beach Housing Associates, CITY OF HUNTINGTON BEACH, L.P., a California limited partnership a municipal corporation By: Nexus for Affordable Housing, REVIEWED AND APPROVED: Inc., a California nonprofit public benefit corporation w City Manager o D Its: M n Gene rt e =U Q o By: a o Name: - Lt' C APPROVED AS TO FORM: W Title: Cl��— U) z By: Villa Beach Development, LLC, a CAA California limited liability company -;.C1 ttomey Its: Administrative General Partner J By: Name: Title: COUNTERPART 20-9020/23621 I/SFF SEE ATTACHED NOTARIZED DOCUMENT ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE ) On OCTOBER ,2020 before me, ANAM JAMIL, NOTARY PUBLIC (insert name and title of the officer) personally appeared 1 X\,I-j J N L who proved to me on the basis of satisfactory evidence to be the person(s)whose names) is/ate subscribed to the within instrument and acknowledged to me that be/she/theyrexecuted the same in his/her/theiir authorized capacity(�es), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person) 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. ANAM JAMIL WITNESS my hand and official seal. o COMM N22947e4 F Notary Public-California w` w0000aoc000000o ORANGE COUNTY � My Comm.Exp JUNE 25,202 aooaoo Signature v (Seal) shall be deemed to relieve the Owner or any other party from any obligations under this Agreement. Consent to any proposed transfer shall not be deemed to be a waiver of City and Agency's right to require consent to future or successive transfers. (E) This Agreement may be executed in multiple counterparts, all of which, in the aggregate, shall constitute a single instrument even though all parties may not have executed the same counterpart. V. ENFORCEABILITY The Parties agree and acknowledge that (i) the provisions of this Agreement are enforceable against the Owner, with the intent that the covenants run with the land and will be binding upon successors-in-interest to the Owner, (ii) there are restrictions and covenants set forth in the California Development Agreement and the Tax Credit Agreement, the liens of such documents having been made expressly subordinate to the lien of this Agreement by the execution and recordation of Consents and Subordinations by the parties thereto, and (iii) to the extent the covenants and obligations of the Owner under this Agreement are more restrictive than those contained in the California Development Agreement or the Tax Credit Agreement, the provisions of this Agreement shall control. IN WITNESS WHEREOF, City, Authority and Owner have executed this Second Amended and Restated Agreement Containing Covenants Affecting Real Property. Huntington Beach Housing Associates, CITY OF HUNTINGTON BEACH, L.P., a California limited partnership a municipal corporation By: Nexus for Affordable Housing, REVIEWED AND APPROVED: Inc., a California nonprofit public p benefit corporation r4 ` City Manager Its: Managing General Partner By: Name: APPROVED AS TO FORM: Title: By: Villa Beach Development, LLC, a California limited liability company *pCiYy Xttorney L Its: Administrative General Partner J By: Name: Title: 8 20-9020/236211/SFF COUNTER-PART HUNTINGTON BEACH HOUSING APPROVED AS TO FORM AUTHORITY, a Public Body Co orate and Politic Executive Director of Housing j.;,Authority General C6unsel B I l Authority 9 20-9020/236211/SFF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On LO before me, (insert name and title of the officer) personally appearedC'Vi I who proved to me on the asis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SHANNON BOON WITNESS m ha d official seal NotaryPublic-California y ..` z Orangecounty y \) Commission#2181952 My Comm.Expires Feb 28,2021 Signature (Seal) CONSENT AND SUBORDINATION The undersigned, the CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint powers authority organized and existing under the laws of the State of California (the "Authority"), hereby consents to the recordation of the foregoing instrument and hereby agrees that all of its rights and interests under that certain Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants, dated as of July 1,2006, by and between the Authority and the Owner (the "Regulatory Agreement"), recorded in the Official Records of the County of Orange,California,on July 31,2006,as Document No.2006000507659 are and shall remain subordinate to the rights and interests of the City of Huntington Beach and the Huntington Beach Housing Authority under the Second Amended and Restated Agreement Containing Covenants Affecting Real Property(Affordable Rental Housing)to which this Consent and Subordination is attached and made a part thereof. AUTHORITY: CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY By k th ri igd Signatory I Its: [Signature Page to Second Amended and Restated Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing)—Beachview Villa] ALL PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Ccw C ) On ©C �S t 2©2p , before me, lRpk" C%A ftip6 (insert name and i le of the officer) Notary Public, personally appeared J 7CuuAo {A �o/ , who proved to me on the basis of satisfactory evidence to be the person( whose name is/a/e subscribed to the within instrument and acknowledged to me that he/sK/try executed the same in his/hrr/t�eir authorized capacity(ii ), and that by his/h /tfy it signature( on the instrument the person( , or the entity upon 2half of which the peon// acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ��fn1) (Seal) f�.. SHAHROKH SHAML00 -� COMM.#2265817 (� • NOTARYPUBLIC-CA.UFORNIA • CONTRA COSTA COUNTY J 6„�0, rdy Canm.Expires DEC.2.2022 CONSENT AND SUBORDINATION The undersigned, the CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE, established under Section 50199.8 of the California Health and Safety Code ("TCAC"), hereby consents to the recordation of the foregoing instrument and hereby agrees that all of its rights and interests under that certain Regulatory Agreement(Federal Credits—Tax-Exempt Bond Financed Project)dated as of October 14, 2005,by and between the TCAC and the Owner(the"Regulatory Agreement"), recorded in the Official Records of the County of Orange, California, on April 13, 2007, as Document No. 2007000238995 are and shall remain subordinate to the rights and interests of the City of Huntington Beach and the Huntington Beach Housing Authority under the Second Amended and Restated Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing)to which this Consent and Subordination is attached and made a part thereof. TCAC: CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE B"'l—�<1 z Authorized Signatory Its: Executive Director [Signature Page to Second Amended and Restated Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing)—Beachview Villa] ALL PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Sacramento ) On 00� bW 99, d6 aaO , before me, S. Nardinelli,Notary Public, personally appeared Judith Blackwell, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S.NARDINELLI NotaryPublic—California Sacramento unty WITNESS my hand and official seal. = Commission#2218820 My Comm.Expires Oct 19.202t Signature (Seal) . ;ti .w Rr♦r�¢ First American ISSUED BY First American Title insurance Company Exhibit A File No: NCS-1020856-SLCI File No.: NCS-1020856-SLCI The Land referred to herein below is situated in the City of Huntington Beach, County of Orange, State of California, and is described as follows: PARCEL I: THE WESTERLY 80.00 FEET OFTHE EASTERLY 160.00 FEET OF THE NORTH HALF OFTHE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OFTHE SOUTHWEST QUARTER OF SECTION 36,TOWNSHIP 5 SOUTH,RANGE 11 WEST, IN THE RANCHO LAS BOLSAS,AS PERMAP RECORDED IN BOOK 51.PAGE 13OF MISCELLANEOUS MAPS,INTHE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA. PARCEL 2: THE EASTERLY 160.00 FEET OFTHE NORTH HALF OFTHE NORTHWEST QUARTER OFTHE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36,TOWNSHIP 5 SOUTH, RANGE 11 WEST,IN THE RANCHO LAS BOLSAS,AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS,IN THEOFFICE OFTHECOUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WESTERLY 80.00 FEET THEREOF.PARCEL 3: THE SOUTH HALF OFTHE NORTHWEST QUARTER OFTHE NORTHWEST QUARTER OFTHE SOUTHWEST QUARTER OF SECTION 36,TOWNSHIP 5 SOUTH,RANGE 11 WEST,IN THE RANCHO LAS BOLSAS,AS PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WEST 88 FEET. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 88.00 FEET OF SAID SOUTH HALF;THENCE NORTH 89 DEGREES 37'46"EAST ALONG THE SOUTH LINE OF THE SOUTH HALF 572.59 FEET TO THE SOUTHEAST CORNER OF SAID SOUTH HALF;THENCE NORTH 0 DEGREES 47'14"WEST ALONG THE EAST LINE OF SAID SOUTH HALF OF 140.00 FEET;THENCE SOUTH 89 DEGREES 27'46 WEST PARALLEL WITH SAID SOUTH LINE 160.00 FEETTO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 160.00 FEET MEASURED AT RIGHT ANGLES FROM SAID EAST LINE;THENCE NORTH 0 DEGREES 47'14"WEST ALONG SAID PARALLEL 190.26 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTH HALF;THENCE SOUTH 89 DEGREES 37'21"WESTALONG SAID NORTH LINE412.49FEETTOAPOINT IN THE EASTERLY LINE OF THE WESTERLY 88.00 FEET;THENCE SOUTH 0 DEGREES 46' 13" EAST ALONG THE EASTERLY LINE OFTHE WESTERLY 88.00 FEET 330.21 FEETTO THE POINT OF BEGINNING. EXCEPTING THEREFROM, ALL OIL AND MINERAL RIGHTS, PETROLEUM, GAS, BREA, ASPHALTUM AND ALL KINDRED SUBSTANCES UNDER AND IN SAID LAND WITHOUT RIGHT OF ENTRY AS RESERVED IN A DEED RECORDED JULY 1, 1982 AS INSTRUMENT 82-227252 OF OFFICIAL RECORDS. This page isonlya partofa 2016ALTA@ Commitment forTitie insurance issued byFirstAmerican Title Insurance Company.This Commitment isnot valid withoutthe Notice;the Commitment tolssue Policy;the CommitmentConditions; Schedule A;Schedule B,Part i-Requirements;Schedule A Part II-Exceptions. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. Form 50003700(8-23- 8) Page 13 of 14 I ALTA Commitment for Title Insurance(8-1-16 .alifomia First American itle Insurance CompanyRECEIVED NATIONAL COMMERCIAL SERVICES 2020 I i ply 2*- 55 Lu( DECuC(IT Y CLE0, CITY OF December9, 2020 HUNTINGTON BEACH Via Federal Express City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Escrow Number— 1020856 Huntington Beach Housing Associates, L.P./PC Beachview, LP 8102 Ellis Avenue, Huntington Beach, CA 92646 To Whom It May Concern: With regard to the above referenced transaction, we are transmitting herewith the following: 1. The original recorded Second Amended and Restated Agreement Containing Covenants Affecting Real Property. If you have any questions or concerns regarding the enclosed items, please direct your inquiries to Aaron Hansen at (801) 578-8845. Thank you for allowing us to be of service to you and your company. Sincerely, Candice Bruin Escrow Assistant Enclosures 215 South State Street,Suite 380—Utah Commercial Division• Salt Lake City, Utah 84111 TEL (801)536-3100 • FAX (866)344-5051 www.firstam.com ♦ .8t�}t�V�ew `nl VESr��7', /n�L -.TftmEs C. L.tti. Recorded in Official Records, County of Orange RECORDING REQUESTED BY ) Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO: ) !IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200300066024411:33am 06106/03 City of Huntington Beach ) 213 96 A17 12 2000 Main Street ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 ) Attn: City Clerk ) (Space above for recorder) This document is sc4ey foc to This Agreement is recorded at the request and official business of the City for the benefit of the City of Huntington Beach of Huntington Beach, as contem- plated under Government Code and is exempt from the payment of fees pursuant Sec. 6103 and should be reeordeel to Government Code Section 6103. free of charge. AMENDED AND RESTATED 111 AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (AFFORDABLE RENTAL HOUSING) 6r THIS AMENDED AND RESTATED AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the "Agreement") is entered into this ,S*'*' day of 2003, by and between the City of Huntington Beach, a municipal corporation ("City"), the Redevelopment Agency of the City of Huntington Beach, a public body corporate and politic ("Agency"), and Beachview Investment, Inc., a California corporation, ("Owner"). RECITALS: A. Owner is fee owner of record of that certain real property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit"A." There are currently no residential housing units located on the Site. B. On November 6, 2002,the City Council of City approved Conditional Use Permit No. 99-31. City imposed conditions of approval on the Project,requiring the provision of one hundred six (106) affordable housing units in conjunction with the new development. C. On March 17, 2003, City And Owner entered into an agreement entitled "Agreement Containing Covenants Affecting Real Property(Affordable Rental Housing)," and City and Owner wish to amend and restate said Agreement to include Agency as a party thereto. NOW, THEREFORE, BASED UPON THE FOREGOING RECITALS AND FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF I PDA02agree/rental-beachview#2 RLS 2003-0219 WHICH IS ACKNOWLEDGED BY ALL PARTIES, CITY, AGENCY AND OWNER AGREE AS FOLLOWS: I. AFFORDABLE HOUSING (A) Number of Units. Owner agrees to make available, restrict occupancy to, and lease one hundred six (106) Affordable Units on the Site to "Very Low Income Households" and "Low Income Households" at an "Affordable Rent" (as those terms are defined hereinbelow) in perpetuity. As used in this Agreement, the term "Very Low Income Household" shall mear. persons and families whose income does not exceed fifty percent (50%) of Orange County median income, adjusted for family size, and the term "Low Income Households" 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. Income levels for each category of Affordable Unit shall be based on Orange County median income and shall be further defined as shown on the following chart which provides an example for the year 2000: Household County 24 Very Low Units 23 Very Low Units 30 Low Units Income 29 Low Units Income Size Median Income between 0- Income between 36- between 51-65%of between 66-80%of 35%of County 50%of County Median County Median County Median Median(Category A) (Category 13) (Category C) (Category D) 1 $47,800 $16,730 $23,900 $31,070 $38,240 2 $54,650 $19,127 $27,325 $35,522 $43,720 As used in this Agreement, the term "Affordable Rent" shall have the meaning set forth in Section I(D)hereinbelow. As used in this Agreement, the term "Tenant" shall mean any person who rents or leases any portion of the Site or any person who is not a fee or equitable owner of any portion of the Site who uses the Site as his or her principal residence. For purposes of this Agreement, principal residence will be determined in the same manner as principal residence is determined for state residency under California Vehicle Code Section 516. (B) Duration of Affordability Requirements. The Affordable Units shall be subject to the requirements of this Agreement in perpetuity. (C) Income of Tenant. After the lease of any Affordable Unit to a Tenant, and each year thereafter on the anniversary date of such lease, 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 Very Low or Low Income 2 PDA02agree/rental-beachview#2 RLS 2003-0219 Household and meets the eligibility requirements established for the particular Affordable Unit occupied by such household. Owner shall obtain an income certification from each Tenant of an Affordable Unit and shall certify that,to the best of Owner's knowledge, the income of the Tenant is truthfully set forth in the income certification form. Owner shall verify the income certification of the Tenant in one or more of the following methods as specifically requested by City: (1) Obtain two (2) paycheck stubs from the Tenant's two (2) most recent pay periods. (2) Obtain a true copy of an income tax return from the Tenant for the most recent tax year in which a return was filed. (3) Obtain an income verification certification from the employer of the Tenant. (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Tenant receives assistance from such agencies. (5) Obtain an alternate form of income verification reasonably requested by City, if none of the above forms of verification is available to Owner. (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 Very Low or Low Income Households shall be generally established at thirty percent (30%) of the monthly area median income for such households. Rental rates for each Affordable Unit shall be determined as indicated by the following example and chart: Example: Maximum Rent 1 Person Household Earning up to 35% of County Median in Year 2000 $47,800 (county median) x 35% (35% of county median) _ $16,730 (Maximum income) x 30% (maximum amount of income towards housing expenses) = 5,019 (yearly housing expenses) divided by 12 (months/year) _ $418.00 (Maximum rent if utilities paid by property owner); or minus $28.00 (utility expenses) 3 PDA02agree/rental-beachview 42 RLS 2003-0219 _ $390.00 (Maximum rent per month when utilities paid by tenant) Utilizing the above formula, Maximum Rental Rates have been determined for the year 2000 as follows: Unit Type and Income Levels 1 Person Household 2 Person Household Maximum Rent* Maximum Rent* 24 Very Low Units Income between 0-35% County Median (Category A) $390.00 $450.00 23 Very Low Units Income between 36-50% County Median (Category B) $569.00 $655.00 30 Low Units Income between 51-65% County Median(Category C) $748.00 $860.00 29 Low Units Income between 66-80% County Median (Category D) $928.00 $1,065.00 *$28.00 may be added to each maximum rent if all utilizes are paid by the property owner. The Affordable Rent amount for the Affordable Units shall be adjusted annually by the formula set forth above upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development. OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. wner 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 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 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 4 PDA02agree/rental-beachview 42 RLS 2003-0219 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 land herein leased, nor shall the lessee itself, or any other person claiming under or through it, establish or permit such practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." III. USE RESTRICTIONS 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, 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: 5 PDA02agree/rental-beachview#2 RLS 2003-0219 (A) the dwelling unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other purposes; (B) the Tenant shall not permit or suffer anything to be done or kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, or impair the structural integrity thereof or which will obstruct or interfere with the rights of other occupants, or annoy them by reasonable noises or otherwise, nor shall any Tenant commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon; (C) the Tenant shall comply with all of the lawful requirements of all governmental authorities with respect to the premises; (D) there shall be no structural alteration, construction, or removal of any building, fence, or other structure on the Site (other than repairs or rebuilding permitted herein) without the approval of City; (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; BINDING ON SUCCESSORS; PROHIBITION AGAINST TRANSFERS (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 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. (C) 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 City and Agency. All the covenants contained in this Agreement shall remain in effect for perpetuity. 6 PDA02agree/rental-beachview#2 RLS 2003-0219 (D) Owner shall not, except as permitted by this Agreement, assign or attempt to assign this Agreement or any right herein, nor make any total or partial sale,transfer, conveyance or assignment of the whole or any part of the Site (referred to hereinafter as a "Transfer"), without prior written approval of the City and Agency, except as expressly permitted by this Agreement. Any proposed transferee shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by the City and Agency, to fulfill the obligations undertaken in this Agreement by the Owner. Any such proposed transferee, by instrument in writing satisfactory to the City and Agency and in form recordable among the land records, for itself and its successors and assigns, and for the benefit of the City and Agency, shall expressly assume all of the obligations of the Owner under this Agreement and agree to be subject to all conditions and restrictions applicable to the Owner in this Agreement. There shall be submitted to the City and Agency for review all instruments and other legal documents proposed to effect any such Transfer, and if approved by the City and Agency its approval shall be indicated to the Owner in writing. In the absence of specific written agreement by the City and Agency, no unauthorized Transfer, or approval thereof by the City and Agency, shall be deemed to relieve the Owner or any other party from any obligations under this Agreement. Consent to any proposed transfer shall not be deemed to be a waiver of City and Agency's right to require consent to future or successive transfers. IN WITNESS WHEREOF, City, Agency 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 y 1.�IUjZ �LZ CL� L�i Mayor s ATTEST: By City Clerk Its APPROVED AS TO FORM: 1,4i Attorn y REVIEWED AND APPROVED: INIT ED AND APPROVED: 61201.1 City A ministrator Yvctor of Planning (signatures continue on next page) 7 PDA02agree/rental-beachview#2 RLS 2003-0219 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, A Public Body Corporate and Politic Chair ATTEST: APPROVED AS TO FORM: Z41 � 41� 1 n n r I Y L Agency Clerk e7 ency Gen ral Counsel 46'3 ,� `(�. L .i�fs REVIEWED AND APPROVED: INITIATED AND APPROVED: Executiv irector De duty E ecutive Director 8 PDA02agree/rental-beachview#2 RLS 2003-0219 EXHIBIT "A" (LEGAL DESCRIPTION) PARCEL 1 : THE WESTERLY 80 . 00 FEET OF THE EASTERLY 160 . 00 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 21 WEST, IN THE RANCHO LOS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2 : THE EASTERLY 160 .00 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 80 . 00 FEET THEREOF. PARCEL 3 : THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 11 WEST IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WEST 88 FEET. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 88 . 00 FEET OF SAID SOUTH HALF; THENCE NORTH 890 37' 46" EAST ALONG THE SOUTH LINE OF THE SOUTH HALF OF 572 . 59 FEET TO THE SOUTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 00 47' 14" WEST ALONG THE EAST LINE OF SAID SOUTH HALF OF 140 . 00 FEET; THENCE SOUTH 890 27' 46" WEST PARALLEL WITH SAID SOUTH LINE 160 . 00 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 160 . 00 FEET MEASURED AT RIGHT ANGLES FROM SAID EAST LINE; THENCE NORTH 0° 47' 14" WEST ALONG SAID PARALLEL 190 .26 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTH HALF; THENCE SOUTH 890 37' 21" 'WEST ALONG SAID NORTH LINE 412 .49 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 88 . 00 FEET; THENCE SOUTH 0° 46' 13" EAST ALONG THE EASTERLY LINE OF THE WESTERLY 68 . 00 FEET 330 .21 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM, ALL OIL, OIL RIGHTS, NATURAL GAS RIGHTS, MINERAL RIGHTS, AND OTHER HYDROCARBON SUBSTANCES BY WHATEVER NAME KNOWN, TOGETHER WITH APPURTENANT RIGHTS THERETO, WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF SAID LAND NOR ANY PORTION OF THE SUBSURFACE LYING ABOVE A DEPTH OF 500 FEET, AS EXCEPTED OR RESERVED IN INSTRUMENTS OF RECORD. EXCEPT THEREFROM, ALL UNDERGROUND WATER LYING BENEATH SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY TO THE SURFACE THEREOF FOR THE PURPOSE OF PROCURING WATER, AS RESERVED UPON THE MAP OF SAID LAND. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On April 22, 2003 , before me, --------- Kathleen Nelson, Notary Public------ Date Name and Tide of Officer(e.g.."Jane Doe.Notary Public") personally appeared James C. Lu , Name(s)of Signer(s) , personally known to me 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 hem executed the same in his/bw/%fi if authorized capacity(ies), and that by his/UwA UQ4 signature(s) on the instrument the person(s), or KA rs���N NE SON the entity upon behalf of which the person(s) Corns pinion 1268758 1 Notary Pubrlc-Ccnforrft acted, executed the instrument. orange C"W" WITNE,SS my hand and.official seal. Place Notary Seal Above Sgnature of 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 Agreement Containing_Covenants Affecting Real Property Document Date: April 22, 2003 Number of Pages: 8 Signer(@) Other Than Named Above: None Capacity(") Claimed by Signer Signer's Name: James C. Lu LI Individual Top of thumb here ❑ Corporate Officer—Title(s): President ❑ Partner—L Limited Lj General ❑ Attorney in Fact ❑ rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: himself 0 1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 9 1 31 3-2402•www.rabormkvtary.org Prod.No.5907 Reorder.Call TdFFrss 1-800-876-6827 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of g , On X44 y C? before me, C�l/Y L9o1 S I?, of D e Na and Title of Officer(e.g.,"JanT Doe.Notary Public') r personally appeared c O Names)OT Signer(s d�nn / O/ q personally known to me-OR- to be the person(s) whose name(s) i re ubscribed to the within instrument and acknowledged to me that lie/sheeDexecuted the same in his/he(thei authorized capacity les), and that by �} his/he their ignature(s) on the instrument the person(s), or the en ity upon behalf of which the person(s) acted, executed the instrument. KELLY LOUISE MANDIC Commission# 1372899 Z WITNESS my hand and official seal. z Notary Public - California Z Orange County My Comm.Expires Sep 1,2006 kill)zv" Signature of Motary Pubic 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 r , Title or Type of Document: 4m_,�,cld j�gs fu fP� _/_ Lc� inik Gg-V41 Document Date: �Y 57, vu3 Number of Pages: Signer(s) Other Than Named Above: ts C Z. Capacity(ies) Claimed by Signer(s) 7 'l Signer's Name: L11c)-,) ?Cc4,-191 fix_ Signer's Name: h Individual ❑ Individual �h X Corporate Officer Corporate Officer Title(s): /41yo'' /� �r' Title(s): Partner—❑ Limited ❑ General ❑ Partner—❑ Li ited ❑ General ?� Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: o > i Un 9��L fi 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 jr c , Council/Agency Meeting Held: Deferred/Continued to: C Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur,6 Council Meeting Date: May 5, 2003 Department ID Number: ED 03-07 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTIOK SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: RAY SILVER, City Administrator/Executive Directoraa� PREPARED BY: DAVID C. BIGGS, Director of Economic Development/Deputy J Executive Director SUBJECT: Conduct a Public Hearing and Approve the Issuance of Multifamily Housing Revenue Bonds and Approve an Amendment to the Affordable Housing Covenant for Beachview Villa Apartments Affordable Housing Project �5 �) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: A City Resolution authorizing the California Statewide Communities Development Authority (CSCDA) to issue Multifamily Housing Revenue Bonds for Beachview Villa Apartments is submitted for approval. Also submitted is a revised Affordable Housing Agreement, previously approved by Council on March 17, 2003. Beachview Villa Apartments will be a 106-unit Single Room Occupancy (SRO) complex located at 8102 Ellis Avenue. Approval of the attached resolution, which requires a public hearing, will authorize the project owner to apply to the State for up to $8,000,000 of tax-exempt financing for land acquisition and construction costs. Approval of the attached revised affordable housing agreement will give t he R edevelopment Agency e nforcement authority o ver t he p roject a nd w ill a Ilow t he Agency to count the new units created towards meeting its affordable housing obligations. Funding Source: No funds from the City or Redevelopment Agency are requested. All bond payments and security will be supported by the project. The City will have no pecuniary liability for the bonds. Recommended Action: Motion to: City Council Action 1, Open the public hearing, take testimony, and close the public hearing on the proposed issuance of Multifamily Housing Revenue Bonds. —\ REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: May 5, 2003 DEPARTMENT ID NUMBER: ED 03-07 2. Adopt Resolution Number '�Oo3=3 O , approving the issuance of Multifamily Housing Revenue Bonds for the purpose of financing the acquisition and construction of the Beachview Villa Apartments. 3. Approve the revised Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach, the Redevelopment Agency of the City of Huntington Beach, and Beachview Investment, Inc., and authorize the Mayor and City Clerk to sign, execute, and record the agreement. Redevelopment Agency Action 1. Approve the revised Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach, the Redevelopment Agency of the City of Huntington Beach, and Beachview Investment, Inc., and authorize the Chairman and Agency Clerk to sign, execute, and record the agreement. Alternative Action(s): Do not approve the proposed bond issue, thereby requiring the project owner to seek alternative financing; and/or do not approve the revised affordable housing agreement, thereby maintaining the agreement previously approved by Council. Analysis: Beachview Investment, Inc. recently executed an affordable housing agreement with the City for Beachview Villa Apartments (formerly referred to as Ellis Avenue SRO), a 106-unit Single Room Occupancy (SRO) project proposed for 8102 Ellis Avenue (a site map is included as Attachment 1). This affordable housing agreement, which was approved by the Council on March 17, 2003, restricts all 106 units in the proposed project to very low and low-income households in perpetuity (the affordable housing agreement is included as Attachment 2). The affordability requirements delineated therein were a stipulation of Conditional Use Permit No. 99-31, approved September 19, 2002. Subsequent to the Council approving the project's affordable housing agreement, Beachview Investment, Inc. restructured itself to a new entity, Ellis Group, LLC. For tax and other purposes, E Ilis G roup, L LC w ill n ow b e o ne o f t hree p artners o f a n ew p roject ownership entity, Huntington Beach Housing Associates, LP. The various partners of this new entity include Amwest Environmental Group, Inc., Dr. James Lu, Nexus for Affordable Housing, Inc., and various other investors. These partners are requesting authority from the City to apply to the State for an allocation of tax-exempt financing, consisting of up to $8,000,000 of multifamily housing revenue bonds and tax credits. This financing will be used for land acquisition and for construction of the project. Under the proposed financing structure the bond issuer will be the California Statewide Communities Development Authority (CSCDA), a joint powers authority of which Huntington Beach is a member. The CSCDA is authorized by its Joint Exercises of Power Agreement to participate in economic development activities, including affordable housing, within its jurisdiction. In fact, the CSCDA has participated in four affordable housing projects in Huntington Beach in the last two years. According to its Joint Exercises of Power Agreement, the CSCDA must receive approval from the governing body of the member jurisdiction where its projects are located. Therefore, to satisfy this requirement, the CSCDA requests approval from the Council to participate in the Beachview Villa Apartments project. RCA for TEFRA Hearing -2- 4/22/2003 3:33 PM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: May 5, 2003 DEPARTMENT ID NUMBER: ED 03-07 State and Federal laws additionally require local governments to endorse tax-exempt financing applications for projects within their jurisdiction. Specifically, the Internal Revenue Code of 1986 requires the governing body where a project is located to conduct a public hearing and toe xecute a Tax Equity and Financial Responsibility Act (TEFRA) resolution endorsing the project (the proposed TEFRA resolution for the Beachview Villa Apartments project is submitted as Attachment 3). As required by law, the public notice for the hearing to consider the recommended resolution was published in the Independent on April 17, 2003. In holding a public hearing and approving the financing for the purposes of the CSCDA Joint Exercise of Powers Agreement and federal tax law, the City will incur no pecuniary liability for the bonds. All tax-exempt obligations will be secured solely by the project. Staff recommends adoption of the attached resolution approving an allocation not to exceed $8,000,000 of tax-exempt financing, consisting of multifamily housing revenue bonds and tax credits. With this resolution, the CSCDA will be authorized to apply to the State for an increment of the current statewide multifamily housing revenue bond and tax credit allocation. The proposed tax-exempt financing for this project was reviewed by the Council's Economic Development Committee on January 13, 2003 and was recommended for the consideration of the full City Council; however, if the Council does not approve the recommended resolution by May 5, 2002, the project owner will not be eligible to apply for financing from the current statewide allocation. Staff additionally recommends approval of a revised Affordable Housing Agreement for the project that restricts all 106 units to very low and low-income residents (the proposed Affordable Housing Agreement is attached as Exhibit 4). The Council approved a version of this agreement on March 17, 2003 (attached as Exhibit 2) with an inadvertent omission of the Redevelopment Agency as a co-beneficiary of the covenant. Staff recommends approving the revised agreement, thereby giving the Agency enforcement authority over the project and allowing the Agency to count the new units towards meeting its affordable housing obligations. Environmental Status: Categorically excluded under the National Environmental Protection Act (NEPA). Categorically exempt under the California Environmental Quality Act (CEQA), Section 15061(b)(3). RCA for TEFRA Hearing -3- 4/22/2003 3:33 PM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: May 5, 2003 DEPARTMENT ID NUMBER: ED 03-07 Attachment(s): City Clerk's Page Number No. Description 1. Site Map 2. Affordable Housing Agreement, Approved by Council on 3/17/03 3. Resolution Number aoo"3—3 0 Authorizing the Issuance of Multifamily Housing Revenue Bonds 4. Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach, the Redevelopment Agency of the City of Huntington Beach, and Beachview Investment, Inc. 5. 1 PowerPoint Presentation RCA Author: HOLTZ (5901) RCA for TEFRA Hearing -4- 4/22/2003 3:33 PM Site Map ATTACHMENT # 1 4/2/2003 5:29:00 PM , L : E �Y �A Ali av ayi� f P4�; ,t �A yt N „f - _ ..�L w, t e r" ; .�. ,ice!° . �•"� .f i - � x... f�� :rf �l I ri BEACHVIEW VILLA APARTMENTS 8102 ELLIS AVENUE City of Huntington Beach Scale:1"= 600' Location Map 4/2/2003 5:26:57 PM w ° o.. r -.n p v ' .:..... .. .. ::x�•,. ... ...._... „ _. vta':�J:. .- .. v ram- 'e,x " _ L�r " .-ae;"q 7 M7l4AIIM�hIaMMMai11� ..,r�"° i �r ..a i i p: z BEACHVIEW VILLA APARTMENTS 8102 ELLIS AVENUE S City of Huntington Beach Scale:1"= 200' Location Map Beachview Villa Apartments Affordable Housing Agreement Approved by Council on 3/17/03 i Resolution Number `�-�)O3-3 o Authorizing the Issuance of Multifamily Housing Revenue Bonds Ile RESOLUTION NO. 2003-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF THE BEACHVIEW VILLA APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized by the laws of the State of California (the "Law") to execute and deliver multifamily housing revenue obligations for the purpose of financing the acquisition, construction and development of multifamily residential rental facilities located within the area of operation of the Authority which are to be occupied, in part, by very low and low income tenants; and Huntington Beach Housing Associates, L.P., a California limited partnership (the "Borrower") has requested the Authority to issue and deliver multifamily housing revenue obligations in the anticipated principal amount of$8,000,000 (the "Obligations"), the proceeds of which shall be used for the purpose of financing the acquisition and construction of a 106-unit multifamily residential rental facility to be commonly known as the Beachview Villa Apartments which is to be located at 8102 Ellis Avenue in the City of Huntington Beach, California (the "Project"); and The Obligations to be issued and delivered to finance the acquisition and construction of the Project will be considered "qualified exempt facility bonds" under Section 142 (a) of the Internal revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the Project hold a public hearing on the issuance and delivery of the Obligations; and The City Council of the City of Huntington beach as the "applicable elected representatives" to hold said public hearing, has held said public hearing at which all those interest in speaking with respect to the financing of the Project were heard. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. 2. The City Council hereby approves the financing of the Project by the Authority with the proceeds of the Obligations. 3. The issuance and delivery of the Obligations shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Obligations by the Authority. 03reso/tefra/4/24/03 1 :solution No. 2003-30 4. The adoption of this Resolution is solely for the purpose of meeting the requirements of the provisions of the Internal Revenue Code of 1986. as amended, and shall not be construed in any other manner, with neither the City nor its staff having fully reviewed or considered the financial feasibility of the Project or the expected operation of the Project with regards to any State of California statutory requirements, and such adoption shall not obligate, without further formal action to be taken by this City Council, including, but not limited to, the approval of the financing documents by the City Council by resolution, (i) the City to provide financing to the Developer for the acquisition, construction and development of the Project or to issue the Obligations for purposes of such financing; or (ii) the City, or any department of the City, to approve any application or request for, or take any other action in connection with, any environmental, General Plan, zoning or any other permit or other action necessary for the acquisition, construction, development or operation of the Project. 5. The City Clerk of the City shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the public hearing notice to: Thomas A. Downey Jones Hall, A Professional Law Corporation 650 California Street, 18th Floor San Francisco, California 94108 6. This resolution shall take effect upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of May, 2003. Mayor ATTEST: MOVED AS TO FORM: OW 1 J citye — C ty Attorn y REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adinistrator Di Actor�Aof Economic Development 03reso/tefra/4/2/03 2 Res. No. 2003-30 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 5th day of May 2003 by the following vote: AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Lj CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 6, 2003 Thomas A. Downey Jones Hall A professional Law Corporation 650 California Street, 18th Floor San Francisco, CA 94108 Dear Mr. Downey: Please find the enclosed certified copy of Resolution 2003-30 adopted by the City Council on May 5, 2003-"Resolution of the City of Huntington Beach approving the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and construction of the Beachview Villa apartments". Also enclosed a certified copy of the affidavit of publication of the public hearing notice Sincerely, Connie Brockway CIVIC City Clerk Enclosure: Agreement and a copy of public hearing notice. (Telephone:714-536-5227) Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach, the Redevelopment Agency of the City of Huntington Beach, and Beachview Investment, Inc. - a rrnn CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 27, 2003 CONNIE BROCKWAY CITY CLERK n^ � Tom Daly, County Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed is Amended and Restated Agreement containing Covenants Affecting Real Property (Affordable Rental Housing) between the City of Huntington Beach, The Redevelopment Agency of the City of Huntington Beach and Beachview Investment, Inc..(James Lu). Also enclosed is a copy to be conformed and a stamped, self-addressed envelope. Thank you. Connie Brockway CMC City Clerk (Telephone:714-536-5227) RECORDING RWESTED BY This Document was electronically recorded by NORTH AMERICAN TITLE CO. North American Recorded in official Records,County of Orange RECORDING REQUESTED BY ) Tom Daly,Clerk-Recorder AND WHEN RECORDED MAIL TO: ) NIIIIfI111I�I11�11�l1111IIIIIfi11111111IIIliIIlll�llllfl� NO FEE City of Huntington Beach ) 2003000343758 04:22pm 03/28/03 2000 Main Street ) 116 51 A1211 Huntington Beach,CA 92648 ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Attn: City Clerk ) (Space above for recorder) This Agreement is recorded at the request and I 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+A/FFECTING REAL PROPERTY (the"Agreement")is entered into this f 77 day of_ gC tj� ;� ,2003,by and between the City of Huntington Beach,a municipal corporation("City"), and Beachview Investment,Inc.,a California corporation, ("Owner"). RECITALS: l i A. Owner is fee owner of record of that certain real property{the"Site")located in the City of Huntington Beach, County of Orange,State of California legally described in the attached Exhibit"A." There are currently no residential housing units located on the Site. B. On November 6,2002,the City Council of City approved Conditional Use Pennit No.99-31. City imposed conditions of approval on the Project,requiring the provision of one hundred six(106)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 1 PDA02agreelrental-beachview KU 02-0609 I. AFFORDABLE HOUSING (A) Number of Units. Owner agrees to make available,restrict occupancy to, and lease one hundred six(106)Affordable Units on the Site to"Very Low Income Households"and"Low Income Households"at an"Affordable Rent"(as those terms are defined hereinbelow)in perpetuity. i As used in this Agreement,the term"Very Low Income Household"shall mean persons and families whose income does not exceed fifty percent(50%)of Orange County median income,adjusted for family size,and the term"Low Income Households"shall mean ty persons and families whose income does not exceed eighty percent(80 o)of Orange CoLuI 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. Income levels for each category of Affordable Unit shall be based on Orange County median income and shall be further defined as shown on the following chart which provides an example for the year 2000: Household County 24 Very Low Units 23 Very Low Units 30 Low Units Income 29 Low Units Income size Median Income between 0- Income between 36- between 51-65%of between 66-80%of 35%of County 50%of County Median County Median County Median Median(Category A) (Category B) (Category C) (Category D) 1 $47,800 $16,730 $23,900 $31,070 $38,240 2 $54,650 $19,127 $27 325 $35,522 $43,720 As used in thus Agreement,the term"Affordable Rent"shall have the meaning set forth in Section I(D)hereinbelow. As used in this Agreement,the term"Tenant"shall mean any person who rents or leases any portion of the Site or any person who is not a fee or equitable owner of any portion of the Site who uses the Site as his or her principal residence. For purposes of this Agreement, principal residence will be determined in the same manner as principal residence is determined for state residency under California Vehicle Code Section 516. (B) Duration of Affordability uirements. The Affordable Units shall be subject to the requirements of this Agreement in perpetuity. (C) Income of Tenant. After the lease of any Affordable Unit to a Tenant, and each year thereafter on the anniversary date of such lease, Owner shall submit to City a completed income computation and certification form,ui 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 Very Low or Low Income Household and meets the eligibility requirements established for the particular Affordable Unit i 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 2 iPDA02agree/rental-beachview RLS 02-0609 Tenant is truthfully set forth in the income certification form. Owner shall verify the income certification of the Tenant in one or more of the following methods as specifically requested by City: (1) Obtain two (2)paycheck stubs from the Tenant's two (2)most recent pay periods. (2) Obtain a true copy of an income tax return from the Tenant for the most recent tax year in which a return was filed. (3) Obtain an income verification certification from the employer of the Tenant. (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Tenant receives assistance from such agencies. (5) Obtain an alternate form of income verification reasonably requested by City,if none of the above forms of verification is available to Owner. (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 Very Low or Low Income Households shall be generally established at thirty percent(30%) of the monthly area median income for such households. Rental rates for each Affordable Unit shall be determined as indicated by the following example and chart: Example Maximum Rent 1 Person Household Earning up to 35%of County Median in Year 2000 $47,800 (county median) x 35% (35%of county median) _$16,730 (Maximum income) x 30% (maximum amount of income towards housing expenses) =5,019 (yearly housing expenses) divided by 12(months/year) _$418.00(Maximum rent if utilities paid by property owner);or minus$28.00(utility expenses) =$390.00(Maximum rent per month when utilities paid by tenant) 3 PDA02agreehental-beachview RLS 02-0609 Utilizing the above formula,Maximum.Rental Rates have been determined for the year 2000 as follows: Unit Type and Income Levels 1 Person Household 2 Person Household Maximum Rent* Maximum Rent* 24 Very Low Units Income between 0-35% County Median(Category A) $390.00 $450.00 23 Very Low Units Income between 36-50% County Median(Category B) $569.00 $655.00 30 Low Units Income between 51-65% County Median(Category C) $748.00 $860.00 29 Low Units Income between 66-80% County Median(Category D $928.00 $1,065.00 *$28.00 may be added to each maximum rent if all utilizes are paid by the property owner. i The Affordable Rent amount for the Affordable Units shall be adjusted annually by the formula set forth above upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development. OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. OWNER BE, AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. grlsk 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 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. 4 PDA02agreeftntal-beachview RL5 02-0609 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 Afibrdability 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 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 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,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: 5 PDA02agree/rental-beachview RIS 02-0609 (A) the dwelling unit shall be used only for private dwelling purposes,with appurtenant facilities,and for no other purposes; (B) the Tenant shall not permit or suffer anything to be done or kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, or impair the structural integrity thereof or which will obstruct or interfere with the rights of other occupants, or annoy them by reasonable noises or otherwise-,nor shall any Tenant commit or permit any nuisance on the premises or fail to keep the premises free of rubbish,clippings,and trash or commit or suffer any illegal act to be committed thereon; (C) the Tenant shall comply with all of the lawful requirements of all governmental authorities with respect to the premises; (D) there shall be no structural alteration,construction, or removal of any building,fence, or other structure on the Site(other than repairs or rebuilding permitted herein) without the approval of City; (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 tenns of this Agreement shall be a default under the Tenant's lease. IV. APPLICABLE LAW BINDING ON SUCCESSORS,• PROHIBITION AGAINST TRANSFERS (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 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. i (B) This Agreement shall be construed in accordance with the laws of the State of California. (C) The covenants and agreements established in this Agreement shall, without regard to technical classification and designation,be binding on Owner and any i 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 City. All the covenants contained in this Agreement shall remain in effect for perpetuity. (D) Owner shall not,except as permitted by this Agreement, assign or attempt to assign this Agreement or any right herein,nor make any total or partial sale,transfer, 6 PDA02agree/rental-Ueachview !I RLS 02-D609 conveyance or assigiunent of the whole or any part of the Site(referred to hereinafter as a "Transfer"),without prior written approval of the City, except as expressly permitted by this Agreement.Any proposed transferee shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by the City,to fulfill the obligations undertaken in this Agreement by the Owner. Any such proposed transferee,by instrument in writing satisfactory to the City and in form recordable among the land records, for itself and its successors and assigns, and for the benefit of the Agency shall expressly assume all of the obligations of the Owner under this Agreement and agree to be subject to all conditions and restrictions applicable to the Owner in this Agreement. There shall be submitted to the City for review all instruments and other legal documents proposed to effect any such Transfer,and if approved by the City its approval shall be indicated to the Owner in writing. In the absence of specific written agreement by the City,no unauthorized Transfer,or approval thereof by the City, shall be deemed to relieve the Owner or any other party from any obligations under this Agreement. Consent to any proposed transfer shall not be deemed to be a waiver of City's right to require consent to future or successive transfers. IN WITNESS WHEREOF,City,Agency and Owner have executed this Agreement Containing covenants Affecting Real Property to be effective as of the date first written above. OprNE CITY OF HUNTINGTON BEACH, a municipal corporation opf ccme� u Mayor QlAVA D%0,4 v,,%A Its PYesl el2t- 4af -7~�'� 7��ZZ, ATTEST: i oA/i/"F By City Clerk S;nQ S i its APPROVED AS TO FORM: Attorney / 3-7 � REVIEWED AND APPROVED: PROVED: J�, DNA City Adifidstrator for of Planning 7 PDA02ageelrental-beaebview RLS 02-0609 I GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached, reads as follows: Name of notary Date commission expires Commission # County where bond is filed Manufacturer/Vender# NNN Place of execution Date Z La�3 Signature North Arne,ricn Title Company i E EXHIBIT "All (LEGAL DESCRIPTION) PARCEL 1 : THE WESTERLY 80 . 00 FEET OF THE EASTERLY 160 . 00 FEET OF THE NORTH i HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 , TOWNSHIP 5 SOUTH, RANGE 21 WEST, IN THE RANCHO LOS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2 : THE EASTERLY 160 . 00 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 80 .00 FEET THEREOF. PARCEL 3 : THE SOUTH HALF OF THE NORT1WEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 11 WEST IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WEST 88 FEES'. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF THE WESTERLY 88 . 00 FEET OF SAID SOUTH HALF; THENCE NORTH 89Q 37' 46" EAST ALONG THE SOUTH LINE OF THE SOUTH HALF OF 572 . 59 FEET TO THE SOUTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 00 47' 14" WEST ALONG THE EAST LINE OF SAID SOUTH HALF OF 140 . 00 FEET; THENCE SOUTH 89Q 27' 46" WEST PARALLEL WITH SAID SOUTH LINE 160 .00 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 160 . 00 FEET MEASURED AT RIGHT ANGLES FROM SAID EAST LINE; THENCE NORTH 0° 47' 14" WEST ALONG SAID PARALLEL 190 .26 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTH HALF; THENCE SOUTH 890 37' 21" WEST ALONG SAID NORTH LINE 412 .49 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 88 . 00 FEET; THENCE SOUTH 0° 46' 13" EAST ALONG THE EASTERLY LINE OF THE WESTERLY 88 .00 FEET 330 .21 FEET TO THE POINT OF BEGINNING. 32791195-03 i EXCEPT THEREFROM, ALL OIL, OIL RIGHTS, NATURAL GAS RIGHT S MINERAL RIGHTS, AND OTHER HYDROCARBON SUBSTANCES BY WHATEVER NAME KNOWN, TOGETHER WITH APPURTENANT RIGHTS THERETO, WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF SAID LAND NOR ANY PORTION' OF THE SUBSURFACE LYING ABOVE A DEPTH OF 500 FEET, AS EXCEPTED OR RESERVED IN INSTRUMENTS OF RECORD. EXCEPT THEREFROM, ALL UNDERGROUND WATER LYING BENEATH SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY TO THE SURFACE THEREOF FOR THE 1 PURPOSE OF PROCURING WATER, AS RESERVED UPON THE MAP OF SAID LAND. I I i I I l 32-91195-03 -5- I i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of G' RA-r/ G r-- On 90-AC-4 -74 aC63 before me,�ATR tG�A W.f P.►.ticG,c�ti rr9f�1 PP f�u� Data Name and'fllle of Officer(e.9.,"Jane Doe,Nota Public•) personally appeared J A+M9-0- G•�-V Name(s)of Signer(s) ❑personally known to me X proved to me on the basis of satisfactory evidence to be the personV whose nameA is/aK subscribed to the within instrument and acknowledged to me that he/s¢d'/they executed the same in his/h#r/tp Ir authorized capacity(K, and that by his/he/tKir signatureo on the instrument the person(a'f,or the entity upon behalf of which the person(a'f fiMICtA Vw IflIJ1NR acted,executed the instrument. Cpmrtris3ion#1?.S� iNOta'1f PUb1IC�do1b SS my hand and official seal. futyCcrrrtt aoo*.9� slgnei n of Notary Public OPTIONAL E 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 fomt to another document. Description of Attached Document Title or Type of Document: 0 t''1-(20vG rSAlfkiCrl� Document Date: 3 -7-O- 'Number of Pages:.— Signer(s)Other Than Named Above: N1 O!s Capacity(ies) Claimed by Signer Signer's Name-3 'P`'wQG C- ❑ individual Top of thumb here rP Corporate Officer—Tftie(s): -p2csc D�N� ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator 1 ❑ Other: Signer Is Representing: 01999 National Notary Aseoeletlen•9359 De Solo Ave.,P.O.Box 2402•Chatewarth,CA 913 s-=2•vAmna8onalnomryor9 Prod-No.5907 Reorder.Call Toll-Free 1.80 A 76.027 r i i I ALL PURPOSE ACKNOWLEDGMENTt STATE OF CALIFORNIA } (. COUNTY OF_ Legs gs ANOE-1- S } t On It'!f}RrH !/ 2003 before me, EL/ A . T�lpi4UCy/ personally appeared l O I7 SN 1 R D , perso a ly known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)&ara xtubscrlbed to the within Instrument and acknowledged to me that he i&lthey executed the same In hlsgwtheir sutholiped capacity(ies);an that by hf e their signature(s)on the instrument the person(s), or the entity upon behalf of wf4iott the.pe"n(s) acted,executed the instrument. WITNESS my hand and official seal. EMI A.TERAUCHi` ; COMM.01338139 m f m Notary Public-Capfornla rA - L05 ANGELES COUNTY -� /J My Comm.t3xp..tan 26,2D06 Signature �yx.� ' (FOR NOTARY SEAL OR STAMP) ATTENTION NOTARY: Although the Information requested below Is OPTIONAL, It could prevent fraudulent attachment of this certificate to another document. AGReEMENi. C01VTA1A11Jc$CpVEM JT-T i THIS CERTIFICATE MUS BE ATTACHED TO Title of Document Type/-AFFECT/1Jq REAL piQoPF,QrY THE DOCUMENT DESCRIBED' AT RIGHT. Number of Pages Z_ Date of Document 71.o aoo3 Signer(s)Outer Than Named Above i oua�xwr+�enororsizwwiuraneoruvo�ru.r/n. r+orNrrooe' `.. Yl •'i •t 1 i . I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /� 1 County of Orass. AWQt�k �11 On before me, ! Date + Name Titlo of Officer(e.g,"Jena Dae,Nolery ubic� personally appeared Namets)of Signers} on tG Oersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i re subscribed to the within instrument an acknowledged to me that he/sh ey xecuted the same In his/he thei authorized capacity(ies), and that his/he their signature(s)on the Instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. KELLY LOUISE MANDIC WITNESS my hand and official sell. r Commission#1372894 .•„ Notary Public -California sigrwure a Nolery Pu I a Orange County My Comm,Expires Sep 1,2M6 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 IN form to another docume Description of Attached Document Iti QQ PfA47 ari!' Title or Type of Document Document Date: Number of Pages: _ Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here II ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee © Guardian or Conservator i ❑ Other. Signer Is Representing: O 1999 Ne9onal Nolery Aswdetion•M50 De Solo Ave.,P.Q.Box 2402•Chat_rth.CA 01313.2402•www.woonalnoteryo,g Prod.No.5907 Reorder.Cae Toil-Free I-SM-876.66V 1 PowerPoint Presentation Ndyj"�V F� h *' 0 �Akab Public Hearing for Tax-Exempt Financing Affordable Housing Covenant Amendment City of Huntington Beach May 5, 2003 Agenda Item D- 1 Project (''� FJk AV. Description p° � Q Co e -� o; � a ■ New 3-story apartment building with 106 studio units. ■ Located at 8102 Ellis Avenue, 400 feet east of Beach Blvd. ■ Property will be managed by Solari Enterprises, an experienced affordable housing management company. ■ Project was designed by Morris & Morris Architects, will be built by Largo Construction, and will be owned by Ellis Group, LLC. Proposal r _E_ _ _ a .. t.r ■ Ellis Group, LLC requests authority for up to $8 million of tax exempt financing for land acquisition and construction costs. ■ 100% of units will be affordable to very low and low-income residents. ■ 91 units will be single occupancy & 15 units will be double occupancy. ■ Affordability & occupancy restrictions are in perpetuity. Financing Sources Total Per Unit Tax Exempt Bonds 7,151,925 67,471 Tax Credits 1,992,084 18,793 Equity 882,759 8,328 Total $10,026,768 $94,592 Uses Total Per Unit Land 2,100,000 19,811 Construction 5,507,207 51,955 Financing 729,878 6,886 Fees/Permits/Other 1,689,683 15,940 Total $10,026,768 $94,592 2 Income Limits & Affordable Rents Units Income Level Occupancy Max Income Max Rent 35% of OC Single $18,515 $435 24 Median Double $21,175 $501 50% of OC Single $26,450 $633 23 Median Double $30,250 $728 65% of OC Single $34,385 $832 30 Median Double $39,325 $955 80% of OC Single $39,550 $961 29 Median Double $45,200 $1,102 2003 Income&Rent Limits Addressing Housing =- ;,, a t Needs , , ■ Project complies with goals & objectives of General Plan. ■ Apartments provide affordable housing for 106 very low and low-income residents. ■ Property will provide restricted access, one centralized entrance/exit, and a 24-hour on-site manager. ■ Design includes Spanish theme, recreation room, pool, Jacuzzi, laundry, excess parking, and security lighting. 3 Request1,24 i 1 i for Bond I � Approval � � ■ The California Statewide Communities Development Authority (CSCDA) requests approval to issue $8 million in multifamily housing revenue bonds. ■ Bond proceeds will be used to acquire land and construct Beachview Villa Apartments. ■ CSCDA will also apply to the State for a Tax Credit allocation of approximately $2 million. ■ The City Council has authority to approve or deny CSCDA's request at this public hearing. Affordable Housing Covenant Amendment ■ Covenant was approved by Council on March 17, 2003. ■ Restricts all 106-units for very low & low-income residents in perpetuity. ■ Staff recommends amending covenant to add the Redevelopment Agency as a Co-Beneficiary. ■ Will give Agency enforcement authority over project. ■ Will allow Agency to count new units towards its affordable housing obligations. 4 Recommended Council Action ■ Open the public hearing, take testimony, and close the public hearing on the proposed issuance of Multifamily Housing Revenue Bonds. ■ Adopt Resolution Number 0, approving the issuance of Multifamily Housing Revenue Bonds for the purpose of financing the acquisition and construction of the Beachview Villa Apartments. ■ Approve the revised Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach, the Redevelopment Agency of the City of Huntington Beach, and Beachview Investment, Inc., and authorize the Mayor and City Clerk to execute and record the agreement. Recommended Agency Action ■ Approve the revised Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach, the Redevelopment Agency of the City of Huntington Beach, and Beachview Investment, Inc., and authorize the Chairman and Agency Clerk to execute and record the agreement. 5 The End PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) NOTICE OF PUBLIC HEARING I am a Citizen of the United States and a NOTICE IS HEREBY GIVEN that the City resident of the County aforesaid; I am Council of the City of i over the age of eighteen years, and not a Huntington Beach at its regular meeting on May 5, 2003, will hold a party to or interested in the below entitled public hearing and consider approval of the issuanmatter. I am a principal clerk of the forniac Statewide e by e Com- munities HUNTINGTON BEACH INDEPENDENT, Autho�ty o Development housing revenue bonds a newspaper of general circulation, in the aggregate princi- printed and published in the City of pal amount of 000app t i- ma a8,0he principal amm oouunn tt of Huntington Beach County of Orange which will n applied to > > the financing of the State of California, and that attached acquisition and con- struction of a 107-unit Notice is a true and complete copy as multifamily residential rental facility to be was printed and published in the commonly known as the Beachview Villa Apart- ments(the"Project")to Huntington Beach issue of said in located f Hunti unti Ellis n the City of Ellis newspaper to wit the Issue(s) of: Beach,California. The owner of the Project will be Hun- tington Beach Housing Associates, L.P., a California limited part- nership. All those interested in matters related to the issuance of the revenue April 17 , 2003 bonds are invited to attend and be heard at the meeting, which will commence at 5:00 p.m., and will be held in the City Council Cliambers, located at 2000 Main Street, Huntington Beach, California. If you declare, under penalty of perjury, that have any questions regarding this matter, the foregoing is true and correct. please call Michael LaPierre of the California Statewide Communities Development Authority, at (925) 933-9229, or the Huntington Beach Executed on A n r i 1 1 7 , 2 n 03 City Clerk at (714) 536- = 5227. A staff report on at Costa Mesa California. the proposed bond issue 7 will be available for public review at the Huntington Beach City Clerk's Office on April J 30,2003. By /s/Connie Brockway,City Clerk, Signature Dated:April,2003 Published Huntington Beach Independent April 17,2003 043-826 Re:'CSCDA/Beachview Villa Ap, -�nents Page 1 of 2 Jones, Dale From: D'Alessandro, Paul Sent: Thursday, April 24, 2003 3:36 PM To: Jones, Dale Cc: McGrath, Jennifer Subject: FW: Hermosa Vista Apartments & Beachview Villa Apartments Hi Dale, As you can see below, Steve Holtz asked me to write you a note about this matter. Apparently the published notices for the bond resolution hearings showed an incorrect number for the amount of units in each project. The number was off by one unit for each project. I concur with our bond counsel, Mr. Downey, in that the error is not a substantive defect in the notice that would require the hearing to be continued, or a new notice to be given. The matter may go forth as scheduled. Please contact me if you have any further questions. Paul D'Alessandro Assistant City Attorney City of Huntington Beach P.O.Box 190,2000 Main Street Huntington Beach,CA 92648 Phone: 714-536-5555 Fax:. 714-374-1590 Email: pdalessandro@surfcity-hb.org -----Original Message----- From: Holtz, Steve Sent: Thursday, April 24, 2003 3:17 PM To: D'Alessandro, Paul Subject: Hermosa Vista Apartments &Beachview Villa Apartments Paul, I just spoke with Tom Downey regarding the public notices for our two TEFRA hearings next month. He feels confident that the public notices we published were satisfactory despite showing incorrect unit counts for both projects. Here is.his opinion, which I requested in writing. Per our earlier discussion, can you send an email to Dale Jones in the City Clerk's Office? She would like a legal opinion from your office indicating something similar to Tom's opinion -- that the public notices we published meet the requirements for public hearings. Thanks for your help, Steve -----Original Message----- From: Tom Downey [mailto:tdowney@joneshall.com] Sent: Thursday, April 24, 2003 3:06 PM To: Holtz, Steve Subject: Re: CSCDA/Beachview Villa Apartments 4/24/2003 Re:�CSCDA/Beachview Villa Ap. ..nents- Page 2 of 2 Steve - in response to the voicemail you left me earlier today; It is my understanding that the Notice of Public Hearing for each of the proposed financings by CSCDA of the Beachview Villa Apartments and the Hermosa Vista Apartments contain errors with respect to the number of units to be financed; in each case the number of units is wrong by one unit, a diminimus number. The purpose of the TEFRA hearing and the notice thereof is to allow the public to express their views with respect to the project, its location and the financing thereof. While each notice was in error with respect to the number of units, each notice did advise the public of the acquisition and construction in the case of the Beachview Villa Apartments, and the acquisition and rehabilitation of the Hermosa Vista Apartments of the respective projects and the financing of each with the proceeds of tax-exempt bonds. While we would all prefer to have the notices read correctly, the errors are diminimus and the content of the notices meets with the requirements of the Internal Revenue Code of 1986 notwithstanding the diminimus errors. These minor errors would not prevent our firm from giving a clean final opinion in connection with the issuance of bonds. Tom Downey 4/24/2003 TO; Honorable Mayor, Connie Boardman, and City Council Members We are homeowners residing in Beachview Mobilehome Park,located at 17261 Gothard Street, in Huntington Beach. Department of Housing and Community Development Administrators have cited Tower Management, (Logan and Jonathan Boggs), for willful failure to properly Maintain Beaohview Mobilehome Park and forcing many of the homeowners to live in un-safe and substandard conditions. Tower Management's failure to correct the violations cited by HCD,have placed the residents affected in possible grave physical danger,and major concerns for their health are uppermost under the circumstances The office of the Huntington Beach City Attorney has been requested by the HCD Administrator to take appropriate action as determined by California Civil Code, Section 798,87 (c) (2) of the Mobilehome Residency Law, The City Attorney,Jennifer McGrath, has been in communication with us, and has advised us that her office will be bringing this issue to the attention of the City Council on May 5, 2003. We urge you to take the appropriate action to enable the City Attorney°s office,to require Tower Management to correct the violations and allow the affected resident homeowners to live in an environment requited by the Health and Safety Code. Please feel free to contact any or all of us at a.ny time. Thank you in advance for your interest and cooperation. '74ate Cindy Faatz Space — Amber Hansen Space 11 Bronson Hardy Space 50 _ Tom Hardy Space 50 _ David Schauer Space 49 Marti Schauer Space 49 Cc; Steve Gullage,Pres. GSMOL r - , Council/Agency Meeting Held; Deferred/Continued to: / .Approved :1 Conditionally Approved ZI Denied City Clerk's Sign re Council Meeting Date:. March 17, 2003 Department ID Number: PL03_07 CITY OF HUNTINGTON BEACH -- REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator�� . PREPARED BY: HOWARD ZELEFSKY, Director of Planning S-L-- SUBJECT: APPROVE AFFORDABLE HOUSING AGREEMENT FOR BEACHVIEW INVESTMENTS, INC. (ELLIS AVENUE SRO) Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a request by Beachview Investments, Inc. to approve an affordable housing agreement in satisfaction of the affordable housing requirement for a 106-unit single room occupancy (SRO) development. All the SRO units are required to be affordable units. The agreement restricts the dwelling units to very-low and low income households in perpetuity. Staff recommends that the City Council review and approve the affordable housing restrictions. Funding Source: Not applicable. Recommended Action: Motion to: "Approve the Agreement Containing Covenants Affecting Real Property (Attachment No. 1) By and Between the City of Huntington Beach and Beachview Investments, Inc., and authorize the Mayor and City Clerk to sign, execute and record." i MEETING DATE: March 17, 2003 DEPARTMENT ID NUMBER: PL03-07 Alternative Actlon(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 Beachview Investments, Inc., and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Apelic_ant: Beachview Investments, Inc., Dr. James Lu, 7755 Center Ar enue, Suite 100, Huntington Beach, CA 92647 Location: 8102 Ellis Avenue (South side of Ellis Avenue, approximately 400 feet east of Beach Boulevard) The affordable housing agreement will restrict all 106 units in the single room occupancy project to very low and low income households in perpetuity, in satisfaction of the affordable housing requirement for Conditional Use Permit No. 99-31 (R). Forty-seven units are restricted for very low income households and 59 are restricted for low income households. The units range in size from 260 to 338 square feet of living space. (The manager's unit is not income restricted.) B. STAFF ANALYSIS AND RECOMMENDATION: Conditional Use Permit No. 99-31 was approved by the City Council on November 6, 2000. Conditions of approval require the developer to provide all SRO units as affordable for one or two-person households at very low and low income levels. The Agreement provides for a range of income levels per the approved unit categories. These levels are based on the Orange County median income. The Agreement stipulates a range of affordability within very low and low income levels with a maximum very low income of $27,325 and a maximum low income of $43,720. Page 2 of the Agreement provides the detail of each income category; page 4 lists the maximum rents per unit based on the current median income figures. The submitted document will satisfy the affordable housing requirements applicable to Conditional Use Permit No. 99-31 and has been reviewed and approved by the City Attorney's Office. Therefore, staff recommends the City Council approve the Agreement. PL03-07 -2- 3/4/2003 9:28 AM } ATTACHMENT 1 IVAO /h CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 27, 2003 -k- Tom Daly County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find the Agreement Containing Covenants Affecting Real Property to be recorded and returned to the'City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. We are enclosing a.copy of this document to be conformed. Please return the conformed copy of the Agreement Containing Covenants when recorded to this office in the enclosed self- addressed stamped envelope. Thank you. 7p J,e4se- re-keN fhe sEcovj e n mph � -o ,f/6,12'A Sri «-, T,//e Gompar�� -S -0 5- Ss?`, PL /0I , C7 e, d ff-n G'a,•� l,[Ja��� / C^l t F 9d �(nr� LT %.fi�e Gam-✓ Connie Brockway, CIVIC City Clerk Enclosures: 1:.Original Agreement 2. Copy to be conformed Re: Beachview Investment, Inc. Agreement containing covenants affecting real property— approved by Council March 17, 2003. (Telephone: 714-536-5227) ,En �,�; This Document wa�ectronidally recorded by r`OX BY �" 'k�Cn'- WCO. North American RECORDING REQUESTED BY ) Recorded in Official Records, County of Orange AN Tom Daly, Clerk-RecorderD WHEN RECORDED MAIL TO: Ill fk I City of Huntington Beach ) �I l�all�!Il�lli Ili Ili Illl l�lll�� Illl�llli�l NO FEE 2000 Main Street 2003004343758 04:22pm 03128103 116 51 Al2 11 Huntington Beach, CA 92648 ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Q.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. AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (AFFORDABLE RENTAL HOUSPNG) T THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (the `'Agreement") is entered into this j day ofCr' cfL , 2003, by and between the City of Huntington Beach, a municipal corporation ("City"), and Beachview Investment, Inc., a California corporation, ("Owner"). RECITALS: A. Owner is fee owner of record of that certain real property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit "A." There are currently no residential housing units located on the Site. 'B. On November 6, 2002, the City Council of City approved Conditional Use Permit No. 99-31. City imposed conditions of approval on the Project. requiring the provision of one hundred six (106) 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: 1 PDA02agreelrenial-beachview RLS 02.0609 I. AFFORDABLE HOUSING (A) Number of Units. Owner agrees to make available, restrict occupancy to, and lease one hundred six (106) Affordable Units on the Site to "Very Low Income Households" and "Low Income Households"at an "Affordable Rent" (as those terms are defined hereinbelow) in perpetuity.. As used in this Agreement, the term"Very Low Income Household" shall mean persons and families whose income does not exceed fifty percent (50%) of Orange County median income, adjusted for family size, and the term"Low Income Households" 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. Income levels for each category of Affordable Unit shall be based on Orange County median income and shall be further defined as shown on the following chart which provides an example for the year 2000: Household County 24 Very Low Units 23 Very Low Units 30 Low Units Income 29 Low Units Income Size Median Income between 0- Income between 36- between 51-65%of between 66-90%of 35%of County 50%of County Median County Median County Median Median(Category A) (Category B) (Category C) (Category D) i 1 $47,800 1 $16,730 $23,900 $31,070 $38,240 2 $54,650 I S19,127 $27,325 $35,522 S43,720 As used in this Agreement, the term"Affordable Rent" shall have the meaning set forth in Section I(D) hereinbelow. As used in this Agreement, the term "Tenant" shall mean any person who rents or leases any portion of the Site or any person who is not a fee or equitable owner of any portion of the Site who uses the Site as his or her principal residence. For purposes of this Agreement, principal residence will be determined in the same manner as principal residence is determined for state residency under California Vehicle Code Section 516. (B) - Duration of Affordability Requirements. The Affordable Units shall be subject to the requirements of this Agreement in perpetuity. (C) Income of Tenant. After the lease of any Affordable Unit to a Tenant, and each year thereafter on the anniversary date of such lease, 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 Very Low or Low 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 2 PDA02agreelrental-beachvim RLS 02-0609 Tenant is truthfully set forth in the income certification form. Owner shall verify the income certification of the Tenant in one or more of the following methods as specifically requested by City: (1) Obtain two (2) paycheck stubs from the Tenant's two (2) most recent pay periods. (2) Obtain a true copy of an income tax return from the Tenant for the most recent tax year in which a return was filed. (3) Obtain an income verification certification from the employer of the Tenant. (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Tenant receives assistance from such agencies. (5) Obtain an alternate form of income verification reasonably requested by City, if none of the above forms of verification is available to Owner. (D) Determination of Affordable Rent for the Affordable Units. The maximum monthly rental payment (`'Affordable Rent") amount for the Affordable Units required to be ]eased to Very Low or Low Incoine.Households shall be generally established at.thirty percent (30%) of the monthly area median income for such households. Rental rates for each Affordable Unit shall be determined as indicated by the following example and chart: Example: Maxir um Rent 1 Person Household Earning up to 35% of County Median in Year 2000 $47,800 (county median) x 35% (35% of county median) $16,730 (Maximum income) x 30% (maximum amount of income towards housing expenses) = 5,019 (yearly housing expenses) divided by 12 (months/year) _ $418.00 (Maximum rent if utilities paid by property owner); or minus $28.00 (utility expenses) _ $390.00 (Maximum rent per month when utilities paid by tenant) PDA02agree/rental-beachview RLS 02-0609 Utilizing the above formula, Maximum Rental Rates have been determined for the year 2000 as follows: Unit Type and Income Levels 1 Person Household 2 Person Household Maximum Rent* Maximum Rent* 24 Very Low Units Income between 0-35% County Median (Category A) $390.00 $450.00 23 Very Low Units Income between 36-50% County Median(Category B) $569.00 $655.00 30 Low Units Income between 51-65% County Median(Category C) $748.00 $860.00 .29 Low Units Income between 66-80% County Median (Category D $928.00 $1,065.00 *$28.00 may be added to each maximum rent if all utilizes are paid by the property owner. The Affordable Rent amount for the Affordable Units shall be adjusted annually by the formula set forth above upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development. OWNER UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. OWNER HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. is initials (E) Annual 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 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. 4 PDA02agree/renra!-beachview RLS 02-0609 II. NON-DISCRIML INATION 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 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 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, 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: S PDA02 agreelrenta I-heachview RLS 02-0609 (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 obstructor 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 Mth all of the lawful requirements of all governmental authorities with respect to the premises; (D) there shall be no structural alteration, construction, or removal of any building, fence, or other structure on the Site (other than repairs or rebuilding permitted herein) without the approval of City; (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, BINDING ON SUCCESSORS, PROHIBITION AGAINST TRANSFERS (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 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. (C) 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 City. All the covenants contained in this Agreement shall remain in effect for perpetuity. (D) Owner shall not, except as permitted by this Agreement, assign or attempt to assign this Agreement or any right herein, nor make any total or partial sale, transfer, 6 PDA02agreehental•benchv iew RLs 02-0609 conveyance or assignment of the whole or any part of the Site (referred to hereinafter as a `'Transfer'), without prior written approval of the City, except as expressly permitted by this Agreement. Any proposed transferee shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by the City, to fulfill the obligations undertaken in this Agreement by the Owner. Any such proposed transferee,by instrument in. writing satisfactory to the City and in form recordable among the land records, for itself and its successors and assigns, and for the benefit of the Agency shall expressly assume all of the obligations of the Owner under this Agreement and agree to be subject to all conditions and restrictions applicable to the Owner in this Agreement. There shall be submitted to the City for review all instruments and other legal documents proposed to effect any such Transfer, and if approved by the City its approval shall be indicated to the Owner in writing. In the absence of specific written agreement by the City, no unauthorized Transfer, or approval thereof by the City, shall be deemed to relieve the Owner or any other party from any obligations under this Agreement. Consent to any proposed transfer shall not be deemed to be a waiver of City's right to require consent to future or successive transfers. IN WITNESS WHEREOF, City, Agency and Owner have executed this Agreement Containing covenants Affecting Real Property to be effective as of the date first written above. OWNERz — CITY OF HL'NTINGTON BEACH, a municipal corporation. c,�ri� G• �� Mayor 7--16 %� � C011171F 61ilC,Ek6v,4 C,yr By - City Clerk Its kz�,74 APPROVED AS TO FORM: I �4y Attorney. REVIEWED AND APPROVED: INIT ED AND APPROVED: City Ad mistrator rg6tor of Aanning PDA02asreeirental-beachview RLS 02-0609 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of O12"ir On M4%,tRCJ4 `71 aCO3 before meYATk C_1A W•� aka, �J&.� Date Name and Tape of Officer(e-9 'Jars Doe.Notary PLbl1C j personally appearedJArMEr hame{s)c'S;ier.$) ❑personally known to me X proved to me on the basis of satisfactory evidence to be the personV whose name(s) is/aK subscribed to the within instrument and acknowledged to me that he/sX/they executed the same in his/he/tOdir authorized capacity(K, and that by his/hef/ttxgir signature(#)on the instrument the person(4, or the entity upon behalf of which the person(91 PATRICIA VL 0LAWIL acted, executed the instrument. _ GDntmhslMi 1 SS my hand and official seal. 0*CarrmEq3kWhhl�4 �.. - _ - Signature o1 Notary PubfiC 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:t4w==!l..t �N !�•�y A+�TS � [-�ar�C� Document Date: — 3 Number of Pages: Signer(s)Other Than Named Above: ,,1 O/~L 6 Capaclty(ies)Claimed by Signer Signer's Name 'ArrMt! C— L1.,3 Individual �p of t-umb^ere i Corporate Officer—Title(s): "T�]RESC fl�N r ❑ Partner—G Limited G General l ❑ Attorney-in-Fact D Trustee f. - Guardian or Conservator Other: Signer Is Representing: 0'999 Na::cnal Notary ASSom!ion•9350 De Soto Ave..P 0 aox 2402•Chats«orr.CA 91313-24:2•-r w rw ona rotary or P:an.No 5901 Reoraer-Call Toll-Free 1.600-676-W27 ALL PURPOSE ACKNOWLEDGMENT STATE OF CAUFORNIA ) COUNTYOF -L-C-5 AN!2E4ES_ } On &CN / T 2002 — — - before me,_ _ EM l A 7-MA 1.f_C_ o Y personally appeared 12D k o D S H 1 R D , personally known to me (or proved tome on the basts'of satisfactory evidence) Id be the persons) whose nelne(s t�. ru.ltubsci•tbed to the within Instrument and acknowledged to me that he(!t /they executed the same In his&Ylhefr authoHzed capaclly(ies);an that by hifietheir signature(s) on the instrument the person(s), or the entity upon behalf of wNch Ihe.pemn(s) acted,execu ed the Instrument. Efult!1L Tl:RAUCFtI WITNESS my hand and official seal. *. COMM.91338139 t ►iota y Public-Catifornia to - LO5 ANGELES COUNTY =+ My Comm.Exp-Jsrt 26,2006 Signature (FOR NOTARY SEAL OR STAMP) ATTENTION NOTARY: Although the Information requested below is OPTIONAL, It could prevent fraudulent attachment of this certificate to another document. ACfQ <r MEAT C0nVTA/1V1A4 CoVC-A WTS THIS CERTIFICATE SST BE ATTACHED TO Title of Document Type AfFECTin►q RAC PRopFiQT)' THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages. 7 Date of Document Zgop3 Slgner(s)Other Than Named Above OOOIOIi�14,Q0lY�,l51Mf RM 7�M1d�.M. .. - - MMi�h7.COG- ' + 1 5• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1- State of California . County of �V 1 �l a�y p�i6��• .i . r d Boa On before me, P f Oa:a am. I T..7e d Officer(a g,',lane Doe.No tk ') i personally appeared Ar be r Ol a 4, /+ Na"(1)as SgneRal S "e►sonally known to me C proved to me on the basis of satisfactory ` evidence to be the person(s) whose name(s) i re subscribed to the within instrument a acknowledged to me that hl l ey xecuted the same in hislhe the, uthorized capacity(ies), and that hislhe their signature(s)on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. KELLY LOl1t% MANDIC WITNESS my hand and official segal. Commission # 1372899 -� Notary Puiollc - Colifornio Oronge County slgratse o Notay P.,e My Comm.Expires Sep 1,=6 OPTIONAL I 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 thi form to another ument.Q Description of Attached Document qQQ r PpAD`-.@�Jx V4�• Title or Type of Document: Not 2-- 49MI0 ,21: Con taia C;6-?l Document Date: Number of Pages: ` l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C1 Individual Top of thumb nere I - Corporate Officer—Title(s): i Partner—❑ Limited -General f C Attomey-in-Fact i C Trustee C Guardian or Conservator C Other: Signer Is Representing: a t 999 Na::onal Notary As iat*n-9350 De Soto Ave.PO Box 2dO2-Crlasworih•CA 91715-2402-w na onalne:ery crg Prod-No 5907 Reoroar.Call Toll-Free 1-BOW, fM7