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Home My WebLink AboutD-1419 Apn 03-568-0001 (1911 Johnson) Recorded 12/07/1994In RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo City Clerk's Office P.O. BOX 8100 Doc No: 199 - 061783 � Official cords San Luis Obispo Co. Francis M. Cooney Recorder Oct 20, 1994 Time: 14:47 San Luis Obispo, CA 93403 -8100 @@ [ 9, ' TOTAL Rec No: 00075590 NF 0.00 old ASSIGNMENT OF AGREEMENT A- 24 -91 -CC ASSIGNMENT OF AGREEMENT A- 24 -91 -CC BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO NON- PROFIT HOUSING CORPORATION, - FOR CITY -OWNED PROPERTY AT 1090 AND 1092 ORCUTT ROAD AND 1105 LAUREL LANE FROM THE SAN LUIS OBISPO NON - PROFIT HOUSING CORPORATION TO LAUREL CREEK APARTMENTS, A CALIFORNIA LIMITED PARTNERSHIP Whereas, in April of 1991 the City Council deemed City owned property located at 1090 Orcutt Road as surplus to City needs, and Whereas, the. City Council subsequently leased (Agreement A -24- 91-CC, hereafter referred to as the Original Lease Agreement) the 1090 Orcutt Road property to the Housing Authority of the City of San Luis Obispo for a fifty -five year period to develop an elderly and disabled housing project; and Whereas, the Housing Authority of the City of San Luis Obispo subsequently requested that the lease be assigned to the San Luis Obispo Non - Profit Housing Corporation, which was created in 1990 for the purposes of securing advantageous financing for public housing projects; and Whereas, San Luis Obispo Non - Profit Housing Corporation became the general partner in a California Limited Partnership known as Laurel Creek Apartments which subsequently secured tax credits, built and occupied a development on the site commonly known as Marvin's Gardens with street addresses now designated as 1090 and 1092 Orcutt Road,'and 1105 Laurel Lane; and Whereas, the San Luis Obispo Non - Profit Housing Corporation is requesting that the lease be re- assigned to Laurel Creek Apartments, a California Limited Partnership; and Whereas, the Original Lease Agreement between the City and the Housing Authority of the City of San Luis Obispo requires written approval from the City Council for any lease assignments to insure that the successor is capable of fulfilling the terms and conditions of the Original Lease Agreement; and Whereas, the City has reviewed the performance of Laurel Creek Apartments limited partnership and concluded that the partnership is capable of fulfilling the terms and conditions of the Original Lease Agreement between the City and Housing Authority of the City of San Luis Obispo. Now, therefore, in. consideration of the mutual covenants, conditions, promises, and agreements herein, the City and the San Luis Obispo Non- Profit Housing Corporation hereby agree to the following: 5 MI 11-11M- ,4 r;;,% 1. The City hereby consents to the assignment of the Original Lease Agreement with the Housing Authority of the City of San Luis Obispo for City owned property at 1090 and 1092 Orcutt Road and 1105 Laurel Lane to Laurel Creek Apartments, a California Limited Partnership for purposes of financing, managing and owning an elderly and disabled housing project. 2. The Laurel Creek Apartments, A California Limited Partnership, hereby assumes and agrees to fulfill all terms and conditions in the Original Lease Agreement between the City and the Housing Authority of the City of San Luis Obispo, and the same shall remain in full force and effect. The Laurel Creek Apartments, a California Limited Partnership further represents and warrants that it is an eligible sponsor to carry out this project. In witness whereof this agreement has been executed by: APPROVED: City of San Luis Obispo By: (?e -A 'A (?'C' May r eg Pinard Laurel Creek Apartments, a California Limited Partnership By: Dona Grant, Managing Gener 1 Partner ATTEST: D' Gladw 11, Caty Clerk APPROVED AS TO FORM: ��111,1&44' A:Id4e,&,4� rY/0b!7g(/ns'r_-J Ci Attorney The San Luis Obispo Non - Profit Housing Authority Corporation hereby consent to this assig 7 ent. By: _bLVIA�_) 70 9 Donald G a , President 15ate I:orcutt.agr State of California County of San Luis Obispo On 10 -17 -94 DATE personally appeared before me, Marilyn Cox, Notary Public, NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC Donald P. Grant NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ®xproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /aw subscribed to the within instrument and ac- knowledged to me that he /she4lrey executed the same in his /haz be4r_ authorized capacity(i.ss), and that by his /h.#- signature(s). on the instrument the persoa(er, MARILYN COX or the entity upon behalf of which the person(.$) NOTARY PUBLIC acted, executed the instrument. m L c NCOUITf � OR� Witness my hand and official seal. ARS► Commission Expires on November 14, 1995 SIG URE OF NOTA CAPACITY CLAIMED BY SIGNER, ❑ INDIVIDUAL(S) CORPORATE OFFICER(S) PrpSidPnt TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) San Luis Obispo Non - Profit Housing Authority Corp. ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Assignment of Agreement A- 24 -91 -CC MUST BE ATTACHED Number of Pages 2 Date of Document 9-20 -94 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Peg Pi nard State of Cal if orni a County of San Luis Obispo On October 13, 1991efore me, Marilyn Cox, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared Peg Pi nard NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose named is /a-e- _ _ subscribed to the within instrument and ac- knowledged to me that he/she/" executed the same in ii/her /their authorized capacity(iee�, and that by hWher /t4eir signature(Won the instrument the personal, MARILYN COX orthe entity upon behalf of which the personLW SAN LOiT a Y PUBLI NTY acted, executed the instrument. a, CALIFORNIA Witness my hand and official seal. MY Commission Expires on November 14, 1995 i OF CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) IN CORPORATE OFFICER(S) Mayor TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of San Luis Obispo ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Assignment of Agreement MUST BE ATTACHED Number of Pages 2 Date of Document 9 -20 -94 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Donald Grant ®1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. Box 7184 - Canoga Park, CA 913047184 a� ^A, > ry y / n hK Z� • / / �\ o r PIVIC BB- 19Z fit ' V'' ' ARC 76-05 A ��y ^� �� o Ro 5 3 Co 3 w ~gib n► � 3 a m �p a � � >•■[ 'A 13Z`91 'ARC9 48ni I[itls IN T914 ApA I ROAD In f3l A -14 O YS UI139 ER 69-133 ARC S3- 150 ARC 134-114 ER 7Co - 83 U 11'54 • / O & Q �h O, o °- o� 1�t43 ® O 92 H14- - UNiTG f N Uu�T� � I Ilto o� 4-c- Q lo92 1121 7-1,4,A- Z0111-11104r po115 A120 -84 City O •yrL.,u�j�,'� 04- 961 -47 A San lugs OBISPO Vacant Department of Community Development Laurel & Orcutt M Palm Str"I /Poet 0111cs Bcx 321, San Tula Oblapo, CA 63 O6 Public Works AGREEi1ENT A- 24 -91 -CC CITY OF SAN LUIS OBISPO Lease - Agreement with the Housing Authority for Property Located at 1090 Orcutt Road in San Luis Obispo, California This agreement is made and entered into this 29th day of April , 1991, by and between the Housing Authority of the City of San Liiis'Obispo, a public corporation, hereinafter referred to as "Housing Authority" and the City of San Luis Obispo, a charter municipal corporation, hereinafter referred to as "City ". WITNESSETH: WHEREAS, the City Council has conceptually agreed to surplus City -owned property located at 1090 Orcutt Road in San Luis Obispo; WHEREAS, the City Council has conceptually agreed to enter into a long term lease with the Housing Authority for the construction and operation of an elderly and low income housing project on the 1090 Orcutt Road property; WHEREAS, use of the 1090 Orcutt Road property for a low income housing project is consistent with goals set -out in the City's Housing Element and Property Management Manual; WHEREAS, it has been determined that use of the 1090 Orcutt Road property for elderly and handicapped low - income housing conforms with the.City's General Plan; NOW, THEREFORE, IT IS AGREED, by and between the parties hereto as follows: I. City agrees: A. To lease property located at 1090 Orcutt Road, San Luis Obispo, California as described in Exhibit "A" (Assessor's Parcel Number: 004 - 961 -047) to the Housing Authority for a period of fifty -five years commencing upon the execution of this agreement at a cost of $l per year payable on July 1 of each year. B. To negotiate in good faith toward a mutually acceptable extension to this agreement with the Housing Authority at the end of the fifty -five year term. The sole purpose of an extension under this agreement shall be to provide for the continuation of affordable housing to lower income families. II. Housing Authority agrees: A. To secure permanent financing for the construction and operation of a minimum of eighteen elderly and handicapped low income housing units on the 1090 Orcutt ATTACHMENT 2 A- 24- 9.1 -CC (R 6966) TLS 1 E 5, H OF: Road site. Fee title to the property shall not be subrogated in any way to any such financing. B. To develop the project in accordance with the development review policies and regulations of the City of San Luis Obispo. C. To adhere to the easements for City utilities as outlined in Exhibit "B ". D. To complete the development of the project within two years of securing a building permit from the City of San Luis Obispo. If a building permit is not obtained within five years following the execution of this lease agreement, this agreement shall be considered void. E. To operate the project during the initial term as a low income housing project. All housing units will be rented to households with incomes at or below 80% of the County's median income level (adjusted for household size) as established by.the Federal Department of Housing and Urban Development (HUD) or its successor agency. Reports verifying low income household occupancy of the project will be provided to the City by January 31 of each year throughout the term of this agreement. F. To obey all laws, rules, and regulations, whether municipal, State or Federal, applicable to the operation of the project as a low income housing project. G. To maintain insurance coverage throughout the term of the lease as described in Exhibit "C ". III. General: A. Transfer of the Development. Express prior written approval of the City Council is required for the sale, transfer, assignment or conveyance of the project by the Housing Authority. Such approval shall not be unreasonably withheld, provided that the following terms are incorporated into any transfer agreement: 1. The Housing Authority successor in interest agrees to assume the obligations relating to this agreement for the duration of the agreement. 2. The Housing- Authority successor in interest is an eligible sponsor and demonstrates to the satisfaction of the City that it can successfully own and operate a low income housing project. B. Expiration of Agreement. Upon expiration of this agreement or any extension, the 1090 Orcutt Road site and all improveme•.ts made to the site will become the sole • • I`a.� TIMES {~ 07- : property of the City. The City has no legal obligation for reimbursement or compensation of any kind to the Housing Authority. At City's sole option and request, Housing Authority shall execute. a quit claim deed to City conveying any and all right, title and interest in the property to City upon expiration. C. Violation of Agreement. In Authority violates any of tk the City will give writte Authority by registered or violation is not corrected City within thirty days after mailed (or within a time pe: discretion, may permit) the prior notice, declare in wr agreement. Under any such c City may apply to any coui specific performance of this against any violation of thi Authority, requiring repaym the event that the Housing e terms of this agreement, n notice'.to the Housing certified mail. If such :o the satisfaction of the the date of such notice is •iod the City, at its sole City may without further iting a default under the eclaration of default, the t, State or Federal, for greement; for an injunction s agreement by the Housing ant of. excess rentals to tenants; requesting judicial appointment of a receiver to take over and operate the property in accordance with the terms of this agreement; or for such other relief as the City deems appropriate, it being agreed by the Housing Authority that the injury to the City arising from a default under any terms of the agreement would be irreparable and that it would be extremely difficult to ascertain the amount if compensation to the City which would be adequate relief in light of the purpose of the project. D. Amendment.. This agreement shall not be modified or amended except in writing. No such amendment shall be effective without prior approval of the City and Housing Authority. E. Partial Invalidity. If any provisions of this agreement are deemed. invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. F. Bindings on Successors. This agreement shall bind the respective parties hereto, their legal representatives, executors, administrators, successors or assigns. The Housing Authority may not assign this agreement or any of its obligations hereunder voluntarily or by operation of law, without prior approval 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. TI TE, H. Hold Harmless. Neither the City nor any officer, agent or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of the Housing Authority or its employees, 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 the Housing Authority's performance of this agreement. The Housing Authority agrees to fully indemnify, defend and hold the City harmless from-any liability imposed, including attorney's fees and costs, for any injury to person or property occurring by reason of any act or omission of the Housing Authority arising out of this agreement. I. Attorneys Fees. In the event of any controversy, claim, or dispute between the parties 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. Recordation. This agreement shall be acknowledged by each of the parties and recorded in the oficial records of the County of San Luis Obispo. This-agreement shall terminate on April 29,, 2046, fifty -five years following the'execution of this agreement, unless further extended by written mutual agreement of the parties. IN WITNESS WHEREOF this agreement has been executed by: THE HOUSING AUTHORITY OF„SAN LUIS OBISPO By: ATTEST: CITY CLERK PAM CITY OF SAN LUISLOBISPO MAYOR RON DUNIN APPROVED AS TO FORM: dh \HA -AGRE • RD`--j"l;:"lVED TIMIE SEP 1-9 T74' HOUOING Al -:71Y O :�o F 0 A'1T� CHMENT 21 (CONI' 'llb DESCRIPTION THAT PORTION OF LOT 3 IN SECTION 1 OF TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE DECEMBER 13, 1875 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF ORCUTT ROAD, 40 FEET WIDE, WITH THE CENTER LINE OF LAUREL LANE, 40 FEET WIDE; THENCE ALONG THE CENTERLINE OF SAID LAUREL LANE, NORTH 300 40' EAST, 303.74 FEET; THENCE SOUTH,590 20' EAST 38.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 590 20' EAST 100.00 FEET; THENCE SOUTH 300 40' WEST 39.89 FEET, TO THE.NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO HENRY A. BERNARD, ET UX., RECORDED MAY 22, 1953 .. IN BOOK 711, PAGE 62 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG .SAID NORTHERLY LINE, SOUTH 820 17' EAST 182.52 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND OF BERNARD; THENCE ALONG THE EASTERLY. LINE OF SAID LAND OF BERNARD AS FOLLOWS: FROM A TANGENT'LINE BEARING SOUTH 19° 56'.WEST, SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 175 PEET, THROUGH A CENTRAL ANGLE OF 200 181, AN ARC DISTANCE OF 62 FEET; _TANGENT TO SAID CURVE, SOUTH 00 22' EAST 28.40 FEET AND SOUTHWESTERLY ALONG A TANGENT CURVE,.CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20 FEET, THROUGH A CENTRAL ANGLE OF 900, AN ARC DISTANCE OF 31.4.2 FEET TO THE NORTHERLY LINE OF ORCUTT ROAD, 40 FEET WIDE; THENCE ALONG SAID ORCUTT ROAD, NORTH 890 38' EAST 90 FEET TO THE WESTERLY TERMINUS OF THE COURSE RECITED AS HAVING A.BEARING AND LENGTH OF SOUTH 890 38' WEST, 197.00 FEET IN THE DEED TO CHARLES E. FREEMAN AND WIFE, RECORDED MAY 1, 1957, AS INSTRUMENT NO. 6777, IN BOOK 890, PAGE 85 OF OFFICIAL RECORDS, IN THE OFFICE OF THE SAID COUNTY RECORDER; THENCE ALONG THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID DEED TO FREEMAN AS FOLLOWS: NORTHWESTERLY ALONG A CURVE - CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20 FEET, THROUGH A CENTRAL ANGLE OF 90°., AN ARC DISTANCE OF 31.4.2 FEET;. TANGENT TO SAID CURVE NORTH 00 22' WEST 28.40 FEET, AND NORTHEASTERLY ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 175 FEET THROUGH A CENTRAL ANGLE OF 31°, AN ARC DISTANCE OF 67.63 FEET; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE MOST SOUTHERLY CORNER OF LOT 7 IN BLOCK,A OF TRACT NO. 208, AS SHOWN ON MAP RECORDED IN BOOK 6, PAGE 49 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK A, NORTH 590 20' WEST 312.70 FEET TO THE MOST .WESTERLY CORNER OF LOT 43 IN SAID BLOCK A; THENCE SOUTH 300 40' WEST 90.69 FEET TO THE TRUE POINT OF BEGINNING. END OF DOCUMENT EXHIBIT "A" _ � • UNE, 0C„ 1,1] UJI Recording Requested by and when Recorded, Return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 FILE@ FEE PAID PT OUT OF Doc No: 1994-* 1 5 7 Official Records San Luis Obispo co. Julie L. Rodewald Recorder Dec 07, 1994 Time: 09:22 @@ 41 Rec No: 00085728 NF 0.00 ;TOTAL 0.00 APN 03- 568 -0001 ETA =F DEED OF EASEMENT Johnson Avenue /Lizzie Street Traffic Signal Controller FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SUMMIT HEALTH LTD hereby grants to the City of San Luis Obispo, a chartered municipal corporation, as Grantee, an irrevocable easement for traffic signal controller purposes and related activities over a portion of Parcel A of Parcel Map SLO 71-123,' City of San Luis Obispo according to the map filed for record on June 12, 1973 in Book'11 of Parcel Maps at Page 68 in the Office of the County Recorder, City of San Luis Obispo, County of San Luis Obispo, State of California, as described in the attached Exhibits A and B.? IN WITNESS WHEREOF, Grantor hereunto caused their name to be subscribed this 21 day of June 1994. i JAMES H. SPALDING, VICE Ph STDENT 'Y2Muchondeed STATE OF TENNESSEE) ' COUNTY OF DAVIDSON) Sworn to and subscribed before me, this 21st day of June, 199 My Ccrr ission Expires: •11/27/97 Notary T _ 14„11 V EXHIBIT A JOHNSON AVENUE /LIZZIE TRAFFIC SIGNAL CONTROLLER EASEMENT That portion of Parcel A of Parcel Map 71 -123 as recorded in Book 11 of Parcel Maps at Page 68: Beginning at the.most northeasterly corner of said Parcel A, thence South 36 026120" East along the southwesterly line of Johnson Avenue a distance of 10.70: feet to the TRUE POINT OF BEGINNING; thence South 53,033"401, West a distance of 5.00�.feet; thence South 36 026120" East a distance of 6.00 feet; thence North 53033140" East a distance of 5.00 feet; thence.North 36 626120" West a distance of 6.00 feet to the TRUE POINT OF BEGINNING. t -pad A. ° O M COL �F �tp Y�1 / �\ 5 so' tp � 010 �0�9�� bg2"� ♦ ,, l000, / IND lop �Q 0°i�o° PROJECT LOCATION 'A ♦ 'JI. 2rO ,�dLrO V le ol 1p PARCEL A PM 11' -68 SIGNAL CONTROLLER EASEMENT :EXHIJBIT - B CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the DEED OF EASEMENT - Johnson Avenue /Lizzie.Street Traffic Signal Controller dated June 21 1994, from Summit Health, Ltd. 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: / 9- 19�. CITY OF SAN LUIS OBISPO �. ,i uw • -4.1-� Peg § Mayor ATTEST: �, • �ti i e R. Gladwell; .,Ci Clerl� i zT Rev. 12/92 �� ,� -mot END OF DOCUMENT 0 .6 November 30, 1994 MEMORANDUM TO: Diane Gladwell, City Clerk FROM: r:.-Traffic erry Kenny, Supervising Civil Engineer SUBJE Signal Controller Easement at French Hospital (Johnson /Lizzie Signal Upgrade) The attached deed was obtained from Summit Health, Ltd. to allow for the installation of a new traffic signal controller under a. current City contract along the French Hospital frontage. Please have the Mayor sign an acceptance certificate and record the document. Please send me a recorded copy for our files. Attachment: 1) Original deed c: JRawles /new easement file. G: \WP51 \DReview \Mist \FrenchDd..TS 0 iFIV NOV 3 U 1994 CITY CLERK SAN LUIS OBISPO, CA