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HomeMy WebLinkAbout1090orcuttDoc No : 19917061783 Rec No : 0007559 0 Official ,cord s RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO : San Luis Obispo Co . Francis M . Coone y City of San Luis Obispo Recorde r Oct 20, 199 4City Clerk's Office Time : 14 :4 7P.O . Box 810 0 San Luis Obispo, CA 93403-8100 00 [ 9] NF 0 .0 0 TOTAL 0 .0 0 ASSIGNMENT OF AGREEMENT A-24-91-C C ASSIGNMENT OF AGREEMENT A-24-91-CC BETWEEN THE CITY OF SA N LUIS OBISPO AND THE SAN LUIS OBISPO NON-PROFIT HOUSING CORPORATION,- FOR CITY-OWNED PROPERTY AT 1090 AND 1092 ORCUTT ROAD AND 110 5 LAUREL LANE FROM THE SAN LUIS OBISPO NON-PROFIT HOUSING CORPORATIO N TO LAUREL CREEK APARTMENTS, A CALIFORNIA LIMITED PARTNERSHI P Whereas, in April of 1991 the City Council deemed City owne d property located at 1090 Orcutt Road as surplus to City needs, an d Whereas, the City Council subsequently leased (Agreement A-24 - 91-CC, hereafter referred to as the Original Lease Agreement) th e 1090 Orcutt Road property to the Housing Authority of the City o f San Luis Obispo for a fifty-five year period to develop an elderl y and disabled housing project ; an d Whereas, the Housing Authority of the City of San Luis Obisp o subsequently requested that the lease be assigned to the San Lui s Obispo Non-Profit Housing Corporation, which was created in 199 0 for the purposes of securing advantageous financing for publi c housing projects ; an d Whereas, San Luis Obispo Non-Profit Housing Corporation becam e the general partner in a California Limited Partnership known a s Laurel Creek Apartments which subsequently secured tax credits , built and occupied a development on the site commonly known a s Marvin's Gardens with street addresses now designated as 1090 an d 1092 Orcutt Road, and 1105 Laurel Lane ; an d Whereas, the San Luis Obispo Non-Profit Housing Corporation i s requesting that the lease be re-assigned to Laurel Cree k Apartments, a California Limited Partnership ; an d Whereas, the Original Lease Agreement between the City and th e Housing Authority of the City of San Luis Obispo requires writte n approval from the City Council for any lease assignments to insur e that the successor is capable of fulfilling the terms an d conditions of the Original Lease Agreement ; an d Whereas, the City has reviewed the performance of Laurel Cree k Apartments limited partnership and concluded that the partnershi p is capable of fulfilling the terms and conditions of the Origina l Lease Agreement between the City and Housing Authority of the Cit y of San Luis Obispo . Now, therefore,in consideration of the mutual covenants , conditions, promises, and agreements herein, the City and the Sa n Luis Obispo Non-Profit Housing Corporation hereby agree to th e following : 1.The City hereby consents to the assignment of th e Original Lease Agreement with the Housing Authority o f the City of San Luis Obispo for City owned property a t 1090 and 1092 Orcutt Road and 1105 Laurel Lane to Laure l Creek Apartments, a California Limited Partnership fo r purposes of financing, managing and owning an elderly an d disabled housing project . 2.The Laurel Creek Apartments, A California Limite d Partnership, hereby assumes and agrees to fulfill al l terms and conditions in the Original Lease Agreemen t between the City and the Housing Authority of the City o f San Luis Obispo, and the same shall remain in full forc e and effect . The Laurel Creek Apartments, a Californi a Limited Partnership further represents and warrants tha t it is an eligible sponsor to carry out this project . In witness whereof this agreement has been executed by : APPROVED : City of San Obisp o By : ' ' &.0-4May`r Peg Pinar d The San Luis Obispo Non-Profit Housing Authority Corporation hereb y consent to this assignent . Creek Apartments, a California Limited Partnershi pLaurel By : APPROVED AS TO FORM : Grant, Managin g By : I :orcutt .agr RLL-ruKru2C WINICiPiuwI.cv'i rl I1.1111111111111111111111111111 NO 20 91.1.11.1t 1.1.1.11' ~ t11t'`1'`1111.1.11.11, SIGNER IS REPRESENTING : NAME OF PERSON(S) OR ENTITY(IES ) San Luis Obispo Non-Profi t Housing Authority Corp . CAPACITY CLAIMED BY SIGNE R q INDIVIDUAL(S ) t]CORPORATE OFFICER(S) Precident TITLE(S ) q PARTNER(S) q ATTORNEY-IN-FACT q TRUSTEE(S ) q SUBSCRIBING WITNES S q GUARDIAN/CONSERVATO R q OTHER : State of Cal iforni a County of San Luis Obispo Marilyn Cox,Notary Public , NAME, TITLE OF OFFICER - E .G .,'JANE DOE, NOTARY PUBLIC ' personally appeared Donald P .Gran t NAME(S) OF SIGNER(S ) q personally known to me - OR - ®>'proved to me on the basis of satisfactory evidenc e to be the person(s) whose name(s) is/aae ~ subscribed to the within instrument and ac- knowledged to me that he/sfey execute d the same in his/hser ..he.i-r- authorize d capacity(i .es),and that by his/h-e t-h.eat- signature(.s on the instrument the person - (e-);-or the entity upon behalf of which the person .(s)) acted, executed the instrument . Witness my hand and official seal . SIGN URE OF NOTA ATTENTION NOTARY : Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document . 10-17-9 4 DATE before me , MARILYN COX NOTARY PUBLI C S AN LIMs r BISPOCOUNPf CALIFORNI A My Commission Expires on November 14,.1995 THIS CERTIFICAT E MUST BE ATTACHE D TO THE DOCUMEN T DESCRIBED AT RIGHT : Title or Type of Document Assignment of Agreement A-24-91-CC Number of Pages 2 Date of Document 9-20-9 4 Signer(s) Other Than Named Above Peg Pi nard 1111.1-11111 ALL-PURPOSE ACKNOWLEDGMENT NO209209'`'`1't1111ti1'`1111 .1 .1.'`1_1.1.1_1.1.11.1.1.1 .1 .1.1.1 .1.1'`1.1.`11 .1.1 .1 .1.1 .1111'`111'\111'\'`'`111'`'1111"`1'`1'`'`11111'`1111111'`111 1 CAPACITY CLAIMED BY SIGNER 1 County of San Luis Obispo personally appeared Peg Pi nand NAME(S) OF SIGNER(S ) I personally known to me -OR -q proved to me on the basis of satisfactory evidenc e to be the person(s-rwhose name(s)' is/axe subscribed to the within instrument and ac- knowledged to me that he/she/they execute d the same in b4 1her/th-eir authorize d capacity(i .e€), and that by h .i /her/hei-r signature(s on the instrument the personi a. or the entity upon behalf of which the person ( acted, executed the instrument . Witness my hand and official seal . ATTENTION NOTARY :Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document . Title or Type of Document Assignment of Agreement Number of Pages 2 Date of Document 9-20-9 4 Signer(s) Other Than Named Above Donald Grant 1.1`11.'`1.1.1 •.1 .11.111'`111111'ti\11'~~1ti11,111'`11111111ti111'`111'~1\1'`111.111 .'`11.'`11.1'`1.111111'`1'\111111111'`11111'v On October 13,199 %efore me,Marilyn Cox, Notary Publi c State of Californi a MARILYN COXNOTARY SAN U COUNT Y CALIFORNIA mission Expires on November 14, 199 5 DATE NAME, TITLE OF OFFICER - E.G ., "JANE DOE, NOTARY PUBLIC" NAME OF PERSON(S) OR ENTITY(IES) City of San Luis Obisp o SIGNER IS REPRESENTING : q PARTNER(S ) q ATTORNEY-IN-FAC T q TRUSTEE(S) q SUBSCRIBING WITNES S q GUARDIAN/CONSERVATO R q OTHER : q INDIVIDUAL(S ) [ CORPORATE OFFICER(S) Mayor TITLE(S ) THIS CERTIFICAT E MUST BE ATTACHE D TO THE DOCUMEN T DESCRIBED AT RIGHT : 0 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave . • P.O . Box 7184 • Canoga Park, CA 91304-7184 /o q.5 ER 69 - 0 3 ARC 84- 11 4 U113 4 175 IN '(111'WA ,7 zz',y . C1tY 0 EagZaa san lu g s oBisp o Department of Community Developmen t gad Palm Street/Pont Office Box 321, San Lulls Oblapo, CA 23 .08 .1 .r .,wt 112 1 >ot74- Uotl 5 Al20-8 4 04-961-4 7 Vacan t Laurel & Orcut t Public Work s ATTACHMENT 1 A132:-9t 4 8 N I /67 A-14 UI13 9 ARC 83-t5 O ER7lo-83 AGREEMENT A-24-91-C C CITY OF SAN LUIS OBISP O Lease-Agreement with the Housing Authority for Property Locate d at 1090 Orcutt Road in San Luis Obispo, Californi a This agreement is made and entered into this 29thday o f April ,1991, by and between the Housing Authority of the Cit y of San Luis'Obispo, a public corporation, hereinafter referred t o as "Housing Authority" and the City of San Luis Obispo, a charte r municipal corporation, hereinafter referred to as "City". WITNESSETH : WHEREAS, the City Council has conceptually agreed to surplu s City-owned property located at 1090 Orcutt Road in San Luis Obispo ; WHEREAS, the City Council has conceptually agreed to ente r into a long term lease with the Housing Authority for th e construction and operation of an elderly and low income housin g project on the 1090 Orcutt Road property ; WHEREAS, use of the 1090 Orcutt Road property for a low incom e 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 Orcut t Road property for elderly and handicapped low income housin g conforms with the City's General Plan ; NOW, THEREFORE, IT IS AGREED, by and between the partie s hereto as follows : I . City agrees : A.To lease property located at 1090 Orcutt Road, San Lui s Obispo, California as described in Exhibit "A " (Assessor's Parcel Number : 004-961-047) to the Housin g Authority for a period of fifty-five years commencin g upon the execution of this agreement at a cost of $1 pe r year payable on July 1 of each year . B.To negotiate in good faith toward a mutually acceptabl e extension to this agreement with the Housing Authorit y at the end of the fifty-five year term . The sole purpos e of an extension under this agreement shall be to provid e for the continuation of affordable housing to lowe r income families . II . Housing Authority agrees : A . To secure permanent financing for the construction an d operation of a minimum of eighteen elderly an d handicapped low income housing units on the 1090 Orcut t ATTACHMENT 2 Road site . Fee title to the property shall not b e subrogated in any way to any such financing . B.To develop the project in accordance with the developmen t review policies and regulations of the City of San Lui s Obispo . C.Tb adhere to the easements for City utilities as outline d in Exhibit "B". D.To complete the development of the project within tw o years of securing a building permit from the City of Sa n Luis Obispo . If a building permit is not obtained withi n five years following the execution of this leas e 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 rente d to households with incomes at or below 80% of th e County's median income level (adjusted for househol d size) as established by the Federal Department of Housin g and Urban Development (HUD) or its successor agency . Reports verifying low income household occupancy of th e project will be provided to the City by January 31 o f each year throughout the term of this agreement . F.To obey all laws, rules, and regulations, whethe r municipal, State or Federal, applicable to the operatio n of the project as a low income housing project . G.To maintain insurance coverage throughout the term of th e lease as described in Exhibit "C". III . General : A .Transfer of the Development .Express prior writte n approval of the City Council is required for the sale , transfer, assignment or conveyance of the project by th e Housing Authority . Such approval shall not b e unreasonably withheld, provided that the following term s are incorporated into any transfer agreement : 1.The Housing Authority successor in interest agree s to assume the obligations relating to this agreemen t for the duration of the agreement . 2.The Housing Authority successor in interest is a n eligible sponsor and demonstrates to th e satisfaction of the City that it can successfull y own and operate a low income housing project . B .Expiration of Agreement .Upon expiration of thi s agreement or any extension, the 1090 Orcutt Road site an d all improveme'.ts made to the site will become the sole property of the City . The City has no legal obligatio n for reimbursement or compensation of any kind to th e Housing Authority . At City's sole option and request , Housing Authority shall execute a quit claim deed to Cit y conveying any and all right, title and interest in th e property to City upon expiration . C.Violation of Agreement .In the event that the Housin g Authority violates any of the terms of this agreement , the City will give written notice to the Housin g Authority by registered or certified mail . If suc h violation is not corrected to the satisfaction of th e City within thirty days after the date of such notice i s mailed (or within a time period the City, at its sol e discretion, may permit) the City may without furthe r prior notice, declare in writing a default under th e agreement . Under any such declaration of default, th e City may apply to any court, State or Federal, fo r specific performance of this agreement ; for an injunctio n against any violation of this agreement by the Housin g Authority, requiring repayment of excess rentals t o tenants ; requesting judicial appointment of a receive r to take over and operate the property in accordance wit h the terms of this agreement ; or for such other relief a s the City deems appropriate, it being agreed by th e Housing Authority that the injury to the City arisin g from a default under any terms of the agreement would b e irreparable and that it would be extremely difficult t o ascertain the amount if compensation to the City whic h would be adequate relief in light of the purpose of th e project . D.Amendment .This agreement shall not be modified o r amended except in writing . No such amendment shall b e effective without prior approval of the City and Housin g Authority . E.Partial Invalidity .If any provisions of this agreemen t are deemed invalid, illegal or unenforceable, th e validity, legality, and enforceability of the remainin g provisions shall not be affected or impaired . F.Bindings on Successors .This agreement shall bind th e respective parties hereto, their legal representatives , executors, administrators, successors or assigns . Th e Housing Authority may not assign this agreement or an y of its obligations hereunder voluntarily or by operatio n of law, without prior approval of the City . G.Governing Law .This agreement shall be construed i n accordance with, and governed by, the laws of the Stat e of California, unless otherwise governed by Federal Law . H.Hold Harmless .Neither the City nor any officer, agen t or employee thereof shall be responsible for any damag e or liability occurring by reason of any act or omissio n of the Housing Authority or its employees, agents , associates, contractors, sub-contractors, materialmen , laborers or any other persons, firms, or corporation s furnishing or supplying work, service, materials o r supplies in connection with the Housing Authority's performance of this agreement . The Housing Authorit y agrees to fully indemnify, defend and hold the Cit y harmless from any liability imposed, including attorney's fees and costs, for any injury to person or propert y occurring by reason of any act or omission of the Housin g 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 part y shall be entitled to recover from the losing part y reasonable expenses, attorneys fees and costs . J.Recordation .This agreement shall be acknowledged b y each of the parties and recorded in the oficial record s of the County of San Luis Obispo . This agreement shall terminate on April 29, 2046, fifty-five year s following the execution of this agreement, unless further extende d by written mutual agreement of the parties . IN WITNESS WHEREOF this agreement has been executed by : THE HOUSING AUTHOITY OF SAN IS OBISP O By :' MAYOR RON DUNI N APPROVED AS TO FORM : By : APPROVED CITY OF SAN LUIS BISP O AT •RNE 1JEF, dh\HA-AGRE DESCRIPTIO N THAT PORTION OF LOT 3 IN SECTION 1 OF TOWNSHIP 31 SOUTH, RANGE 1 2 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF SAN LUIS OBISPO, COUNT Y OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIA L PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE DECEMBER 13, 187 5 DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF ORCUTT ROAD, 4 0 FEET WIDE, WITH THE CENTER LINE OF LAUREL LANE, 40 FEET WIDE ; THENCE ALONG THE CENTERLINE OF SAID LAUREL LANE, NORTH 30° 40' EAST , 303 .74 FEET ; THENCE SOUTH 59°20' EAST 38 .00 FEET TO THE TRUE POINT OF BEGINNING ; THENCE CONTINUING SOUTH 59°20' EAST 100 .00 FEET ; THENCE SOUTH 30° 40' WEST 39 .89 FEET, TO THE NORTHERLY LINE OF TH E LAND DESCRIBED IN THE DEED TO HENRY A . BERNARD, ET UX ., RECORDED MA Y 22, 1953 IN BOOK 711, PAGE 62 OF OFFICIAL RECORDS, IN THE OFFICE O F THE COUNTY RECORDER OF SAID COUNTY ; THENCE ALONG SAID NORTHERLY LINE, SOUTH 82° 17' EAST 182 .52 FEET T O 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 FEET, THROUGH A CENTRA L ANGLE OF 20° 18', AN ARC DISTANCE OF 62 FEET ; TANGENT TO SAID CURVE, SOUTH 0° 22' EAST 28 .40 FEET AND SOUTHWESTERL Y ALONG A TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2 0 FEET, THROUGH A CENTRAL ANGLE OF 90°, AN ARC DISTANCE OF 31 .42 FEE T TO THE NORTHERLY LINE OF ORCUTT ROAD, 40 FEET WIDE ; THENCE ALONG SAID ORCUTT ROAD, NORTH 89° 38' EAST 90 FEET TO TH E WESTERLY TERMINUS OF THE COURSE RECITED AS HAVING A BEARING AN D LENGTH OF SOUTH 89° 38' WEST, 197 .00 FEET IN THE DEED TO CHARLES E . FREEMAN AND WIFE, RECORDED MAY 1, 1957, AS INSTRUMENT NO . 6777, I N BOOK 890, PAGE 85 OF OFFICIAL RECORDS, IN THE OFFICE OF THE SAI D COUNTY RECORDER ; THENCE ALONG THE WESTERLY BOUNDARY OF THE LAND DESCRIBED IN SAID DEE D TO FREEMAN AS FOLLOWS : NORTHWESTERLY ALONG A CURVE CONCAV E NORTHEASTERLY HAVING A RADIUS OF 20 FEET, THROUGH A CENTRAL ANGLE O F 90°, AN ARC DISTANCE OF 31 .42 FEET ; TANGENT TO SAID CURVE NORTH 0 ° 22' WEST 28 .40 FEET, AND NORTHEASTERLY ALONG A TANGENT CURVE CONCAV E SOUTHEASTERLY HAVING A RADIUS OF 175 FEET THROUGH A CENTRAL ANGLE O F 31°, AN ARC DISTANCE OF 67 .63 FEET ; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE MOST SOUTHERLY CORNER O F LOT 7 IN BLOCK A OF TRACT NO . 208, AS SHOWN ON MAP RECORDED IN BOO K 6, PAGE 49 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAI D COUNTY ; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK A, NORTH 59° 20 ' WEST 312 .70 FEET TO THE MOST WESTERLY CORNER OF LOT 43 IN SAID BLOC K A ; THENCE SOUTH 30° 40' WEST 90 .69 FEET TO THE TRUE POINT OF BEGINNING . e•s .m ram nP ►Fmet ►®~taF°L RXNTRTT "A"