HomeMy WebLinkAboutD-1306 Lot 110 Of Tract 929 Housing Authority Of Slo Recorded 06/20/1988S 6 ,7 Soo srrt.. ooC O
35349
�t g QFNAL RECORDS RECORDIXQ EFQUESTED BY:
SAN LUIS 00I0PO, CAL
FIRST AMERICAN TITLE INSURANCE COMFY
CITY OF SAN LUIS OBISPO AN 2 9
Housing and Community Development Agreement FRANCIS M. COONEY
County DOM I `1e00 r
THIS AGREEMENT is made and entered into this 18th day of MTWE 1 0 _ Q O
1988 , by and between EDNA -ISLAY HOUSING CORPORATION, a California nonprofit
public benefit corporation., hereinafter- referred to as "EIHC," and the CITY OF
SAN LUIS OBISPO, a charter municipal corporation, hereinafter referred to as
"City." 4 9001) RI
7 6,011 R
6/29/883671 3 J5o011FAT
WITNESSETH:
WHEREAS, ON September 15, 1987, the Council of the City of San Luis Obispo
duly adopted Resolution No. 6328 (1987 Series), a copy of which is on file in
the office of the City Clerk and is incorporated by reference herein as though
set forth in full, wherein the City and the State Department of Housing and
Community Development (hereinafter referred to as "HCD ") entered into a Grant
Agreement for the Distribution and use of Community Development Block Grant
(hereinafter referred to as "CDBG ") funds awarded to the City, as Grantee, under
the provisions of Title I of the Federal Housing and Community Development Act
of 1974 (hereinafter referred to as the "Act ") under Grant No. 87 -STBG -233; and
WHEREAS, pursuant to and as more fully described in the, Grant Agreement,
the grant funds to be received by the City are to be used and expended for (1)
the acquisition of a 2.2 acre site on which 20 units of low and very -low income
family housing are to be developed, and (2) general administration; and
WHEREAS, the City has need for special services for the development and
management of 20 units of low and very -low income family housing; and
WHEREAS, EIHC represents itself as being qualified to provide such special
services needed by City.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
I. EIHC Agrees:
A. To purchase from the City the 2.2 acre site mentioned herein, and
described in Attachment "A ", for the amount of one dollar plus any
and all escrow costs and fees. EIHC shall also pay any and all escrow
costs and fees related to the City's purchase of the subject site from
the Housing Authority of the City of San Luis Obispo.
B. To secure construction and permanent financing for the development of
20 units of low and very -low income family housing consisting of 13
two- bedroom and 7 three - bedroom units.
C. To develop the project in accordance with the approvals granted by
the Architectural Review Commission of the City of San Luis Obispo
as item ARC 87 -137.
D. To complete the development of the project within the timetables
outlined in the agreement between the City and HCD as Contract No.
87 =STBG -233. 1,3o ea A
VOL� `Zj
` E. To operate the project for a minimum of thirty years either:
1) In accordance with the requirements of the California Housing
Finance Agency's 80/20 State -Local Rental Housing Finance Program
wherein 80% of the units are rented to households with incomes between
50% and 80% of the median income and 20% of the units are rented to
households with incomes below 50% of median income. Rents shall be
calculated in accordance with the program regulations.
2) In accordance with the Low Income Housing Tax Credits Program as
established in the Federal Tax Reform Act of 1986 and defined in
Section 42 of the Internal Revenue Code, whereby 95% of the units will
be rented to households with an income at or below 60% of the county
median household income, as adjusted for household size under Section
8 of the United States Housing Act of 1937, and 5% of the units will
be rented to households with an income at or below 50% of the county
median household income, adjusted for household size, as above. Rents
shall not exceed 30% of the applicable income ceiling, including the
utility allowance. The utility allowance shall be as established for
comparable units under the Section 8 program. An annual report shall
be submitted to the City to facilitate an annual evaluation by the
City to insure that the provisions of this agreement are complied
with. The lease for the units shall be as approved, in writing, by
HCD. No changes to the approved lease may be made without prior
written approval of HCD.
F. To contract with the Housing Authority of the City of San Luis Obispo
for the management of the project.
G. To retain all records, accounts, documentation and all other material
relevant to a fiscal audit or examination, as specified by the HCD,
for a period of not less than three (3) years from the date of termin-
ation of the City's Grant Agreement with the HCD.
H. In the event that the project does not proceed to completion after the
City has expended grant funds, EIHC agrees to indemnify City for any
and all repayments to HCD which may be required by HCD due to a
failure to meet the City's contractural commitments to HCD.
II. City Agrees:
A. To utilize $401,500 of the awarded Community Development Block Grant
Funds for the purchase of the site at 4035 Poinsettia Street, as
described in Attachment "A ", from the Housing Authority of the City
of San Luis Obispo. Immediately upon purchase of the property, the
City will sell the site to EIHC pursuant to Section I A of this
agreement.
B. To be responsible for administering the fiscal and programmatic
aspects of the subject grant. In the event the City determines that
EIHC has not adequately complied with the terms of the grant, the City
shall notify, in writing, EIHC and HCD.
III. General:
A. Transfer of the Development. Express prior written approval of both
the City Council and HCD is required for the sale, transfer or
conveyance of the project by EIHC. Such approval shall be given
provided that the following terms are incorporated into any transfer
agreement:
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c)PAGE 120:
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1. That EIHC successor in interest agrees to. assume the obligations
of EIHC relating to this agreement for the duration of this
agreement.
2. That EIHC's successor in interest is an eligible sponsor and
demonstrates to the satisfaction of both the City and HCD that
it can successfully own and operate the project in accordance
with the terms of the agreement and the HCD Grant.
B. Violation of Grant Agreement by EIHC. In the event of the violation
of any of the fiscal provisions of.the grant by EIHC, the City shall
give written notice thereof to HCD and EIHC by registered or certified
mail. If such violation is not corrected to the satisfaction of the
City within thirty (30) days after the date such notice is mailed
(or within such further time as the City, in its sole discretion, may
permit), the City may, without further prior notice, declare in
writing a default under this Agreement effective on the date of such
declaration of default. Upon any such declaration of default the
City or HCD may apply to any court, State or Federal, for specific
performance of this Agreement; for an injunction against any violation
of this Agreement by EIHC; requiring repayment of excess rentals to
tenants; requesting judicial appointment of a receiver to take over
and operate the property in accordance with the terms of the
Agreement; or.for such other relief as may be appropriate, it being
agreed by EIHC that the injury to the City arising from a default
under any of the terms of this Agreement would be irreparable and
that it would be extremely difficult to ascertain the amount of
compensation to the City which would afford adequate relief in light
of the purposes and policies of the Program.
C. Amendment. This Agreement shall not be altered or amended except in
writing. No such amendment shall be effective without the prior
approval of HCD and City and without meeting the requirements of
the Community Development Block Grant Program.
D. Partial Invalidity. If any provisions of this agreement shall be
invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not be affected or
impaired.
E. Binding on Successors. This Agreement shall bind the respective
parties hereto, their legal representatives, executors, administrators,
successors in office or interest; provided, however, that EIHC may not
assign this Agreement or any of its obligations hereunder, voluntarily
or by operation of law, without the prior approval of the City and
HCD.
F. Recording Agreement. This Agreement shall be acknowledged by each
of the parties and recorded in the official records of the County
of San Luis Obispo. This Agreement shall be indexed in the grantee
index to the name of EIHC and in the grantor index to the name of
the City.
G. Governing Law. This Agreement shall be construed in accordance with,
and governed by, the laws of the State of California, unless otherwise
governed by Federal Law.
VOL 3163 PAGE 721
H. Hold Harmless. Neither the City nor any officer nor employee thereof
shall be responsible for any damage or liability occuring by reason of
any action or omission of EIHC or its agents, associates, contractors,
sub - contractors, materialmen, laborers or any other persons, firms or
corporations furnishing or supplying work, service, materials or supplies
in connection with EIHC's performance of this agreement. EIHC agrees to
fully indemnify, defend and hold the City harmless from any liability
imposed for injury occuring by reason of any action or omission of EIHC.
I. Attorneys Fees.. In the event of any controversy, claim or dispute
between the parties or third party beneficiaries hereto, arising out
of or relating to this Agreement or breach thereof, the prevailing
party shall be entitled to recover from the losing party reasonable
expenses, attorneys fees and costs.
J. Reversion of Title. The 2.2 acres of real property shall revert in
fee simple absolute to grantor, City of San Luis Obispo, after a period
of fifty (50) years from the initial date of sale or transfer to EIHC.
City agrees to negotiate in good faith the possibility of an extension of
this agreement with EIHC. The sole purpose of an extension under this
agreement shall be to provide for a continuation of providing affordable
housing for lower income families. EIHC acknowledges that upon reversion
of the property or termination of the project, all improvements to the
real property shall become the sole property of the City. The City has
no legal obligation for reimbursement or compensation of any kind to EIHC.
THESE CONDITIONS and restrictions shall expire on May 18, 2038
, 50 years following the execution of this agreement.
The parties agree that this agreement is entered into as part of and in
consideration of a Community Development Block Grant, administered by the
City of San Luis Obispo and shall be recorded.
CITY OF SAN LUIS OBISPO
t t'
By--
a —
City ministrative Officer
Community Development Director
E
B
DNA -ISLAM SING. CORPORATION
Y.
air a
Treasurer
VOL 3163 PAGE 722
ATTACHMENT A
That real property situated in the City of San Luis Obispo, County of San Luis
Obispo, State of California, described as:
Lot 110 as shown on the certain map entitled "Units 3 and 4, Tract 929 ", in
the County of San Luis Obispo, State of California, according to map recorded
September 18, 1984 in Book 11, Page 97 of Maps.
(4035 Poinsettia Street; APN 53- 083 -02)
VOL 3163PAGE 123
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO. ss.
C`
On this 10th day of June , in the year 1988, before me Marilyn Perry
John 0. Dunn and
personally appeared Mike Multari known to me
City Administrative Officer and
to be Community Development Director of the City of San Luis Obispo and known to
respectively
me to be the person who executed the within instrument on behalf of said public
corporation, agency or political subdivision, and acknowledged to me that the City of
San Luis Obispo executed the same.
I
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Notary Pdblic
I
STATE OF CALIFORNIA, COUNTY OF
ON June 13, 1988 BEFORE ME, THE UNDERSIGNED, A NOTARY
.LEON OSTEYEE
PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED STEVE NELSON
OFFICIAL SEAL
MARiLYN PERRY
Notary Public - California
(SEAL) a Principal Office in
San Luis Obispo County
My Comm. Expires on Aug. 19, 1991
ACKNOWLEDGMENT
San Luis Obispo ss.
PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON /S
WHOSE NAME /S SUSBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT
THEY EXECUTED THE SAME.
i
WITNESS MY HAND AND OFFICIAL SEAL.
6 - /3- FV
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OFFICIAL SEAL OFFICIAL SEAL
MARGARITA T SUTTON MARGARITA T SUTTON
m NOTARY PUBLIC - CALIFORNIA NOTARY PUBLIC - CALIFORNIA
SAN LUIS OBISPO CO!'NTY SAN LUIS OBISPO {AUNTY
My Comm. expires MAY 22 ^ ^0 My Comm. expires MpY 22, 1990
VOL 3�63PAGIr'72�
END OF DOCUMENT
��a /J.�j�y4l 92
Fit American Title Irturance. Com an ' ,, I
899 PACIFIC STREET (P.O. BOX 1147), SAN LUIS OBISPO; CA 93401 a (805) 543 -8900
1147 GRAND AVENUE, ARROYO GRANDE, CA 93420 • (805) 481 -3700
935 RIVERSIDE, SUITE 13, PASO ROBLES, CA 93446 0 (805) 238 -7747
6905 EL CAMINO REAL, SUITE 13, ATASCADERO, CA 93422 • (805) 466 -8545
685 MAIN STREET, SUITE C, MORRO BAY, CA 93442 0 (805) 772-2773
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
RE: Unimproved Land, San Luis Obispo, California
ESCROW NO: SLO- 857800 -STR
DATE: JUNE 29, 1988
RE: LOT 110, TRACT 929 UNIT 4
The above numbered escrow has been closed and the items indicated below are
enclosed herewith:
X_ Check for $1.00
X Closing Statement
Any recorded documents to which you may be entitled will be mailed to you from
the County Recorder's Office.
Please accept our thanks for this opportunity to serve you.
Sincerely,
S ON HESSE
ESCROW OFFICER
RECEIVE[)
JUL 07 1988
CITY CLERK
SAN LUIP nRw4p0. CA
•
FIRST AMERICAN TITLE INSUIE CO.
899 PACIFIC STREET ESCROW RECEIPT (FUNDS)
SAN LUIS OBISPO, CA 93401
• N° 37079
ESCROW NO. SLO :
CITY OF SAN LUIS OBISPO
RECEIVED OF
FOUR HUNDRED ONE - .rHWSAND AND FIVE HUNDRED- -----dollars
CHECKING ACCOUNT III
FSE -003
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ESCROW TRUST ACCOUNT . 422 =001
CVBY 4&A4U Z e��
CASH
CASHIER'S CHECK
CHECKS
AMT.
$401.500.00
ABA N
.11- 35/1210'.
CHECKING ACCOUNT III
FSE -003
.. l.o la I
ESCROW TRUST ACCOUNT . 422 =001
CVBY 4&A4U Z e��
FIRST AMERICAN TITLE INSURANCE COMPANY ESCROW NO: SLO- 857800 -STR
899 PACIFIC STREET DATE: JUNE 29, 1988
SAN LUIS OBISPO CA 93401 805/543 -8900 PAGE 1 OF 1
BUYER'S CLOSING STATEMENT
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Re: Unimproved Land, San Luis Obispo, California
DEBIT CREDIT
Total Consideration 401,500.00
Deposits by Buyer 401,500.00
ADDITIONAL CHARGES
Consideration handed for subject property by Edna - Islay,
Housing 1.00
REFUND DUE BUYER 1.00
TOTALS 401,501.00 401,501.00
PLEASE RETAIN THIS STATEMENT FOR INCOME TAX PURPOSES
t •
FIRST AMERICAN TITLE INSURANCE COMPANY
899 PACIFIC STREET
SAN LUIS OBISPO CA 93401 805/543 -8900
BUYER'S CLOSING STATEMENT
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Re: Unimproved Land, San Luis Obispo, California
Total Consideration
Deposits by Buyer
ADDITIONAL CHARGES
Consideration handed for subject property by Edna -Islay
Housing
ESCROW NO: SLO- 857800 -STR
DATE: JUNE 29, 1988
PAGE 1 OF 1
DEBIT CREDIT
401,500.00
401,500.00
1.00
REFUND DUE BUYER 1.00
TOTALS 401,501.00 401,501.00
PLEASE RETAIN THIS STATEMENT FOR INCOME TAX PURPOSES
FIRST AMERICAN TITLE INSURANCE COMPANY
899 PACIFIC STREET
SAN LUIS OBISPO CA 93401 805/543 -8900
BUYER'S CLOSING STATEMENT
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Re: Unimproved Land, San Luis Obispo, California
Total Consideration
Deposits by Buyer
ADDITIONAL CHARGES
Consideration handed for subject property by Edna -Islay
Housing
ESCROW NO: SLO- 857800 -STR
DATE: JUNE 29, 1988
PAGE 1 OF I
DEBIT CREDIT
401,500.00
401,500.00
1.00
REFUND DUE BUYER 1.00
TOTALS 401,501.00 401,501.00
PLEASE RETAIN THIS STATEMENT FOR INCOME TAX PURPOSES
RECORDING REQUESTED BY
AMERICAN VYLI: INSURANCE t0WO
AND `WHEN $,ECORDED MAIL THiS DEED AND,
UNLESS 'OTHERWISE SHOWN BELOW, MAIL TAX
STATEMENTSTO:
CITY OF SAN LUIS OBISPO
990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA 93401
Attention: Sharon Jones
L— City Clerk's Office -
ESCROW NO. SLO- 857800 —STR
TITLE ORDER NO. 857800
UBC. N ®t - 35350
OFFICIAL RECORDS ORDS
SAN LUIS oeis CAL
r_ �
FRANC Clg k fie d2
County
�ME 1 O : O O AID
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED 7LED I FEE PAIDI EXEMPT I OUT of
STATE
The undersigned grantor(s) declare(s): ;
Documentary transfer tax is $ �/V %L� lxl A.P.N. — —
( X ) computed on full value of property conveyed, or
( ) computed on full value less value of liens alid encumbrances remaining at time of sale.
( ) Unincorporated area: ( X ) City of SAN LUIS OBISPO and
By this instrument dated SECOND DAY OF JUNE, 1988 for a valuable consideration
HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO
hereby GRANTS to
CITY OF SAN LUIS OBISPO
the following described real property in the . CITY OF SAN LUIS OBIS�O
County of SAN LUIS OBISPO , State of CALIFORNIA
:LOT 110 OF TRACT 929, UNIT 4, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 11, PAGE 97
OF MAPS, IN THE OFFICE OF.tiTHE COUNTY RECORDER OF SAID COUNTY.
STATE OF CALIFORNIA,
COUNTY OF San Luis 'Obispo
On June 9, 1988 before me
ss
the undersigned, a Notary Public in and for wid County and State,
personally appeared Ruth Wirshup
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the
gwithin instrument and acknowledged to me that he/thefthey executed
the same.
WITNESS my.. hand
� and official seal.
Signature 0 r `
RECEIVED
HOUSING AUTHORITY OF THE CITY
OF SAN LUIS OBISPO
BY: //& S W ,
OFFICTAL SEAL
MARGARITA T SUTTON
m NOTARY PUBLIC - CALIFORNIA
SAN LUIS OBISPO COUNTY.
My comm. expires MAY 22. 19PO j
JUL 0 61988 bib&
CITY CLERK
M,*PINtAIW0A"I -SkNTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY IS SHOWN, MAIL j f6 TED Ifyit
V�� c PAGE %.
Name Street Address City &'State
r3` A M E p.
U
First American Title Insurance Company
A subsidiary of The First American Financial Corporation
i
C E R T I F I C A T E O F A C C E P T A N C E
* * * * * * * * * * * *
THIS IS TO CERTIFY that the interest in real property conveyed by the
Grant Deed
dated June 9 , 1988, from the Housing Authority of
San Luis Obispo by Ruth Wirshup
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council pursuant
to authority conferred by Resolution No. 5370 (1984 Series), recorded
June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo
County, California, and the Grantee consents to recordation thereof by its
duly authorized officer or his agent.
Date:
..;, . A .
fl+,
END OF DOCUMENT
CITY OF SAN LUIS OBISPO
By
Vice - Mayor lenny Rap a
VOL 3163PAGE727
•
ACKNOWLEDGMENT
STATE OF CALIFORNIA, COUNTY OF San Luis Obispo ss.
ON THIS 9th June 1988
DAY OF
IN THE YEAR , BEFORE
ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE,
PERSONALLY APPEARED Ruth S. Wirshup , PERSONALLY KNOWN TO
ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE
PERSON WHO EXECUTED THIS INSTRUMENT AS Chairman OF The Housing
Authority of the City of San Luis Obispo AND ACKNOWLEDGED TO ME THAT
THE Housing Authority of the City of San Luis Obispo EXECUTED THE
SAME.
WITNESS MY HAND AND OFFICIAL SEAL OFFICIAL SEAL
/� MARGARITA T SUTTON
SIGNATURE "' 1 OU- NOTARY PUBLIC - CALIFORNIA
lie 1w SAN LUIS OBISPO COUNTY
My comm. MAY 22, 1990
VOL 3163PAGE 726