HomeMy WebLinkAboutD-2175 Broad Street Place - HASLO - Iron Works Apartments - Utility Easement AgreementRECORDING REQUESTED BY:
First American Title Company
WHEN RECORDED MAIL DOCUMENT TO:
Gubb & Barshay
505 14th Street, #450
Oakland, CA 94612
Attn: Sarah Perez
A.P.N.: 053-231-048
Property Address: 3720 Broad Street, San Luis Obispo, CA 93401
"This document was electronically submitted
to San Luis Obispo County for recording"
2021018388
Tommy Gong
San Luis Obispo - County Clerk -Recorder
03/10/2021 02:12 PM
Recorded at the request of:
FIRST AMERICAN TITLE COMPANY
Titles:2 Pages:28
Fees: $0.00
Taxes: $0.00
Total: $0.00
Space Above Tnis Line for RecorGer's use Only
EASEMENT AGREEMENT
Title of Document
File No.: 4009-6127807 (LB)
The undersigned declares that the document to which this page is affixed and made a part of is exempt from the
fee imposed by the Affordable Housing & Job Act (S62) (GC 27388.1)
()= ) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of
Documentary Transfer Tax per GC 27388.1 (a) (2).
( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner -
occupier per GC 27388.1 (a) (2).
() Maximum fee of $225 has been reached per GC 27388.1 (a) (1).
() Not related to real property GC 27388.1 (a) (1).
D-2175
RECORDING REQUESTED BY
AND WHEN RECORDED, RETURN TO:
Gubb & Barshay LLP
505 14th Street, Suite 450
Oakland, CA 94612
Attn: Sarah C. Perez
APNs: 053-231-047 & 053-231-048
FOR RECORDER'S USE ONLY
EASEMENT AGREEMENT
(Underground Utilities)
THIS EASEMENT AGREEMENT (this "Agreement"), dated for reference purposes
only as of March 1, 2021, is entered into by and among the HOUSING AUTHORITY OF THE
CITY OF SAN LUIS OBISPO, a public agency corporate and politic ("HASLO"), IRON
WORKS APARTMENTS, L.P., a California limited partnership (the "Residential Project
Owner," and collectively with HASLO, "Grantor"), IRONWORKS COMMERCIAL LLC, a
California limited liability company (the "Commercial Project Owner"), and PEOPLE'S
SELF-HELP HOUSING CORPORATION, a California nonprofit public benefit corporation
("Grantee"), with reference to the following facts:
A. HASLO is the fee owner of certain real property located in the City of San Luis
Obispo, California, commonly known as San Luis Obispo County Assessor Parcel Number 053-
231-047, and more particularly described on Exhibit A attached hereto (the "HASLO Property").
B. A portion of the HASLO Property, including the Easement Area (as hereinafter
defined), has been leased by HASLO to the Residential Project Owner pursuant to a Ground Lease
dated May 1, 2017, a memorandum of which has been recorded in the Official Records of San Luis
Obispo County (the "Official Records") on May 19, 2017, as Document No. 2017021945 (the
"Residential Ground Lease"). The portion of the HASLO Property subject to the Residential
Ground Lease has been improved by the Residential Project Owner with a 46-unit affordable
housing project and related improvements (the "Residential Improvements").
C. Following the execution of this Agreement, HASLO intends to (i) lease the balance
of the HASLO Property to the Commercial Project Owner (the "Commercial Ground Lease"),
and (ii) grant to the Commercial Project Owner an easement in the approximate location of the
Easement Area for the construction, maintenance and use of certain sidewalk improvements by the
Commercial Project Owner (the "Sidewalk Improvements"). The Commercial Project Owner
intends to improve the portion of the HASLO Property subject to the Commercial Ground Lease
with a commercial building and related improvements (the "Commercial Improvements").
D. Grantee is the fee owner of certain real property located in the City of San Luis
Obispo, California, commonly known as San Luis Obispo County Assessor Parcel Number 053-
231-048, and more particularly described on Exhibit B attached hereto (the "Grantee Property").
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E. The HASLO Property and the Grantee Property are each subject to the terms and
conditions of that certain Declaration of Covenants, Conditions and Restrictions recorded in the
Official Records on February 19, 2014, as Document No. 2014006630, as amended by that certain
First Amendment thereto recorded in the Official Records on July 1, 2020, as Document No.
2020032742 (as amended, the "Declaration").
F. Subject to the terms of this Agreement, Grantor has agreed to provide Grantee with
an easement over a portion of the HASLO Property for the installation, maintenance, removal
and repair of public and private underground utilities serving the Grantee Property.
NOW, THEREFORE, in consideration of the foregoing, and for good and valuable
consideration, the receipt and adequacy of which the parties hereby acknowledge, the parties
hereby agree as follows:
1. Utility Easement.
(a) Creation of Utility Easement. Grantor hereby establishes and grants to Grantee,
for the benefit of Grantee, its tenants, invitees, agents, employees, contractors, successors and
assigns (collectively, the "Grantee Parties"), and the Grantee Property and all portions thereof,
a non-exclusive right, privilege and appurtenant easement under, through and across the portion
of the Grantor Property legally described on Exhibit C attached hereto, and depicted on Exhibit
D attached hereto (the "Easement Area"), for the installation, maintenance, removal, repair and
replacement of Utility Lines (as such term is defined in the Declaration) serving the Grantee
Property (the "Utility Easement"). The Utility Easement includes necessary rights of ingress
and egress over the HASLO Property for the Grantee Parties to install the Utility Lines and to
exercise all other rights, and perform all other obligations, of Grantee under this Agreement. To
the extent that the Easement Area overlaps with any other easements that were recorded prior to
the recordation of this Agreement (the "Prior Easements"), Grantee's rights shall be subject and
subordinate to such Prior Easements and Grantee's use of the Easement Area shall not interfere
with the use of any such Prior Easements without the prior written consent of Grantor and the
beneficiaries of such prior Easements.
(b) Maintenance and Repair of Utility Lines. Grantee shall be solely responsible for
the installation, maintenance, removal, repair and replacement of the Utility Lines, including all
costs of such activities. All Utility Lines shall be installed and maintained below the ground
level or surface of the Easement Area, except that ground mounted electrical transformers and
such other facilities as are required to be above ground by the utility providing such service
(including temporary service required during the construction, maintenance, repair, replacement,
alteration or expansion of any improvements located on the Grantee Property) shall be permitted;
provided, however, that the location and visual appearance of any above ground improvements
shall be subject to Grantor's prior written approval, which shall not be unreasonably withheld.
(c) Standard of Work. Grantee shall perform all installation, maintenance, removal
or repair work related to the Utility Lines at its own expense and in a good and workmanlike
manner, in accordance with good construction practices and in compliance with all requirements
of law, and shall cooperate with Grantor and the Commercial Project Owner to perform such
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work at such times as to not unreasonably interfere with the use of, or obstruct access to, the
HASLO Property by Grantor, the Commercial Project Owner or any of their respective tenants,
invitees, agents, employees, contractors, successors or assigns (collectively, the "HASLO
Parties"). In the event that Grantor and/or the Commercial Project Owner determines, in its sole
but reasonable discretion, that any such work will materially impair access to any portion of the
HASLO Property by the HASLO Parties, then Grantee shall, at its sole expense, ensure that
comparable access is furnished to the HASLO Parties until such work is completed and such
original access is restored. Following any such work, Grantee shall promptly restore the surface
of the Easement Area and, if applicable, the Sidewalk Improvements and any other
improvements disturbed by such work, to its condition existing immediately prior to the
performance of such work. Otherwise, neither HASLO nor Grantee is required to construct any
improvements in connection with the creation or use of the Utility Easement. None of the
HASLO Parties shall place or permit any improvement of any nature within the Easement Area
which might impair Grantee's rights to use the Utility Easement, other than (i) the Sidewalk
Improvements, and (ii) any balconies, decks, overhangs, awnings or other architectural features
projecting from the Commercial Improvements at a height of not less than ten (10) feet, as
measured from the surface of the Sidewalk Improvements to the lowest point of such features.
(d) Grantee shall not permit any claim, lien or other encumbrance arising from its
construction, installation, use, maintenance, repairs, operation or removal of the Utility Lines or
other work by or on behalf of Grantee to accrue against, or attach to, the Easement Area or the
interest of Grantor in the HASLO Property.
(e) To the extent necessary for the construction or operation of any improvements
located at the HASLO Property or the Grantee Property, a party to this Agreement (the
"Requesting Party") may, by written notice delivered to all other parties, request that the
Easement Area be relocated to an alternative location at the HASLO Property. Each of the other
parties (the "Non -Requesting Parties") shall not unreasonably withhold its consent to such a
request, provided that (i) the relocation of the Easement Area will not materially impair such
party's rights under this Agreement or result in any interruption of any utility service (other than
temporary interruptions necessary to accomplish the relocation), and (ii) the Requesting Party
pays all costs and expenses arising from or related to the relocation of the Easement Area,
including, without limitation, all costs of relocating Utility Lines. Upon the parties' agreement
to relocate the Easement Area, they shall execute and record in the Official Records an
amendment to this Agreement memorializing such relocation (the "Relocation Amendment").
All costs of preparing and recording the Relocation Amendment, including, without limitation,
all attorneys' fees incurred by the Non -Requesting Parties in connection with the review of the
Relocation Amendment, shall be paid or reimbursed, on demand, by the Requesting Party.
2. Character of Easement. This Agreement shall be recorded by the parties in the Official
Records. The Utility Easement shall be non-exclusive and perpetual in duration, unless
terminated by an agreement executed by all parties hereto and recorded in the Official Records.
The terms and conditions set forth in this Agreement shall be considered covenants running with
the land and the title to both parcels and any portions thereof, and shall benefit the Grantee
Property and burden the HASLO Property and benefit and be binding on all persons or entities
having or acquiring any right, title or interest in any portion of the Grantee Property or the
HASLO Property.
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3. Indemnity and Insurance.
(a) To the maximum extent permitted by law, Grantee agrees to defend, indemnify
and hold the HASLO Parties harmless from and against losses, actions, demands, damages,
claims, costs and expenses (including, but not limited to, experts fees and attorneys' fees and
costs) and liabilities of whatever kind or nature that arise out of or are in any way connected with
the activities of the Grantee Parties at the HASLO Property, except and to the extent resulting
from any gross negligence or willful misconduct of any of the HASLO Parties. The provisions
of this Section 3(a) shall survive the expiration or termination of this Agreement.
(b) Grantee shall maintain at all times a public liability and property damage
insurance policy in the minimum amount of $1,000,000, combined single limit, insuring against
all liability in connection with its activities under this Agreement, which insurance shall name
each Grantor and the Commercial Project Owner as an additional insured and certificate holder,
and a certificate for which shall be provided to each Grantor and the Commercial Project Owner
prior to and as a condition to the commencement of any work permitted hereunder.
4. Amendments. This Agreement may be amended or otherwise modified only by a writing
signed and recorded by the parties hereto.
S. Default. The failure by a party to perform any covenant or obligation of such party
hereunder and to cure such non-performance within thirty (30) days after written notice by the
other party shall constitute a default hereunder, provided that if more than thirty (30) days are
reasonably required for such cure, no event of default shall occur if the non -performing party
commences such cure within such period and diligently prosecutes such cure to completion. In
the event of failure by a party to perform any covenant or obligation of such party hereunder that
results in a situation necessitating emergency or urgent action (such as if access to the HASLO
Property is blocked by Grantee's contractors), then the cure period hereunder shall be shortened
to an amount of time that is reasonable under the circumstances to address the situation. Upon a
default the aggrieved party shall be entitled to all remedies, legal and equitable, allowed by law,
except termination of the easements herein granted.
6. No Waivers. No failure on the part of a party to this Agreement to enforce any provision
hereof with respect to any particular set of facts or circumstances shall be deemed a waiver of the
right to enforce that provision or any other provision at a later time or in connection with the
same or any other set of facts or circumstances. To be enforceable, any waiver of a party's rights
must be in writing signed by the party waiving such rights.
7. No Merger. The easement and covenants described and created by this Agreement shall
not be extinguished by merger of any or all of the ownership interests in any one person or
entity.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties
relating to the above easements. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force and effect.
9. No Third Party Beneficiaries. The provisions of this Agreement are for the exclusive
benefit of the parties and their successors and assigns, subject to the provisions hereof. This
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Agreement shall not be deemed to confer any rights upon any person except the parties and their
successors and assigns.
10. Attorneys Fees. If either party brings an action or proceeding against the other by reason
of a default, or otherwise arising out of this Agreement, the prevailing party in such action or
proceeding shall be entitled to its costs and expenses of suit, including but not limited to experts
fees and reasonable attorneys fees and costs, which shall be payable whether or not such action is
prosecuted to judgment.
11. Notices. Every notice, approval, consent or other communication authorized or required
by this instrument shall not be effective unless the same shall be in writing, and it shall be
deemed to have been given upon actual receipt or refusal of delivery when deposited postage
prepaid in the United States Mail registered or certified, return receipt requested, to the other
party at the address below or such address as either party may designate by notice given from
time to time in accordance with this paragraph:
To HASLO: Housing Authority of the City of San Luis Obispo
487 Leff Street
San Luis Obispo, CA 93401
Attn: Executive Director
To Residential
Project Owner: Iron Works Apartments, L.P.
487 Leff Street
San Luis Obispo, CA 93401
Attn: General Partner
To Commercial
Project Owner: Ironworks Commercial LLC
487 Leff Street
San Luis Obispo, CA 93401
Attn: Manager
To Grantee: People's Self -Help Housing Corporation
3533 Empleo Street
San Luis Obispo, CA 93401
All notices shall be effective on receipt by the addressee and shall be deemed received at the
earlier of actual receipt or three (3) business days following mailing.
12. Effect of Breach. No breach of any provision of this Agreement shall invalidate the lien
of any mortgage made in good faith and for value, but all covenants, conditions and restrictions
shall be binding on any owner whose title is derived through foreclosure sale, trustee's sale, or
otherwise.
13. Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of California
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14. Miscellaneous.
(a) The Residential Project Owner's rights and obligations under this Agreement
(other than its rights and obligations under Sections 3(a) and (b)) shall automatically terminate
and be of no further force or effect upon the expiration or earlier termination of the Residential
Ground Lease. The Commercial Project Owner's rights and obligations under this Agreement
(other than its rights and obligations under Sections 3(a) and (b)) shall automatically terminate
and be of no further force or effect upon the expiration or earlier termination of the Commercial
Ground Lease. For so long as the Residential Ground Lease is in effect, the obligations of
HASLO and the Residential Project Owner under this Agreement shall be joint and several.
(b) If any provision hereof shall be held invalid or unenforceable, the remainder
hereof shall not be affected thereby, and each provision hereof shall be valid and enforceable to
the fullest extent permitted by law.
(c) Time is of the essence with respect to the performance of every provision of this
Agreement in which time of performance is a factor.
(d) This Agreement may be executed in counterparts, each of which shall be deemed
an original and all of which, when taken together, shall constitute one document.
[Signatures on Following Page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
HASLO:
HOUSING RITY OF THE -,CITY OF SAN
LUIS SPO/ public corporate and politic
Nam(
Title:
RESIDENTIAL PROJECT OWNER:
IRON WORKS APARTMENTS, L.P., a California
limited partnership
By: San Luis Obispo Nonprofit Housing
Corporation, a California nonprofit public
benefit corporation, its managing general
partner
By:
Name: Miciielle Pe r10
Title: Deputy Chief Financial Officer
By: SLO Iron Works LLC, a California limited
liability, mpany, its co -general partner
By:
Name: tJ Rendler
Title: �sr1 f 4 : c_.e—
COMMERCIAL PROJECT OWNER:
liab
ifornia limited
tsy
Na
Title:
[Signatures Continue on Following Page]
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GRANTEE:
PEOPLE'S SELF-HELP HOUSING
CORPORATION, a California nonprofit public benefit
corporation
By:
Name:
Title: 'ji c
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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.
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
Acknowledgment
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN LUIS OBISPO)
On L�ll;L a -a C: " ~iI before me, Victoria L. Connerley, Notary Public, personally appeared
Scott Smith, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, 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.
WITNESS my hand and official seal.
VICTORIA L. CON LEY
CWM. # 2244590
NOTA)tY PUBIC 0 CAUFORNIA `j
SAN LUIS OBISPO COUNTY "f
Comm. Exp. JUNE 27, 2022
Victoria L. Conner le otary Public
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®
On :`¢ { p . , 2021, before me, l'ic-.
notary public, personally appeared M �.,Ju Z11 E 1 14,:.tC p
who proved to me on the basis of satisfactory evidence to f(e 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. VICTORIA L. CON LEY
MM. # 2244590
WITNESS my hand and official seal. rwT,�evPtlsuc.cnuFoRNua 0
SAN LUIS OBISPO COUNTY a
Comm. Exp. JUNE 27, 2022
(Notary Signatur
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 { •-. ; :,� )
On 1Vic-rc `, , 2021, before me, ..cam tom.. � , i.1
notary public, personally appeared "i it o, '®e-� t
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. VICTORIA L. CONNERLEY
COMM. # 2244590
NIA
WITNESS my hand and official seal. MOY/Aftlr OBISUSUC OCOU COUNTY
sAN LUIs oBlsPo couNTY ..
Comm. Exp. JUNE 27, 2022
x
(Notary Signature) `_
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NOTARY ACKNOWLEDGMENT STATEMENT
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
5&j LU IS
County of 0815100 )
On X / Zb 2-1 before me, it a Notary Public,
personally appeared & d 6CIJ ( C Af& (/,!�- b O 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.
WITNESS my hand and official seal.
f,%' L. A. BERTRAND
NotaryPublic- California z
j( Z San Luis Obispo County
z Commission # 2210707
Signature [SEAL] My Comm. Expires Sep 16, 2021
EXHIBIT A
LEGAL DESCRIPTION OF HASLO PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL 4 OF PARCEL MAP SLO 13-0003, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP
RECORDED JANUARY 31, 2014 IN BOOK 77 OF PARCEL MAPS AT PAGES 16 AND 17.
APN: 053-231-047
EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL 3 OF PARCEL MAP SLO 13-0003, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP
RECORDED JANUARY 31, 2014 IN BOOK 77 OF PARCEL MAPS AT PAGES 16 AND 17.
APN: 053-231-048
EXHIBIT C
LEGAL DESCRIPTION OF EASEMENT AREA
[See Attached]
Legal Description
Utility Easement
A portion of Parcel 4 of Parcel Map SLO 13-0003 recorded in Book 77 of Parcel Maps at Pages
16 through 17 in the City of San Luis Obispo, County of San Luis Obispo, State of California,
more particularly described as follows.
Beginning at the most westerly corner of said Parcel 4 at a 5/8" rebar with plastic cap tagged
"RCE 31581"; thence northeasterly along the northerly line of said Parcel 4
North 66 degrees 31 minutes 27 seconds East, 68.83 feet; thence leaving the said northerly line
South 16 degrees 28 minutes 41 seconds East, 150.62 feet to the southerly line of said Parcel
4; thence southwesterly along the said southerly line
South 66 degrees 39 minutes 05 seconds West, 4.03 feet, to a point that falls North 66 degrees
39 minutes 05 seconds East 63.94 feet from the most southerly corner of said Parcel 4; thence
leaving the said southerly line
North 16 degrees 28 minutes 41 seconds West, 140.54 feet; thence
South 66 degrees 31 minutes 27 seconds West, 64.75 feet to the westerly line of said Parcel 4,
also being the easterly right of way of Broad Street; thence northerly along the said westerly line
North 16 degrees 46 minutes 10 seconds West, 10.07 feet to the True Point of Beginning.
Containing 1,250 square feet more or less.
LAND
Far date MARSHA
Marshall D. Farge S.8962 D.
FARGEN
(P No. 8962
�A
CA
MAP OF EASEMENT AREA
[See Attached]
PARCEL 4
77 PM 16-17
--__ - '6*21 E 50 62'
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T.P.OB.
5/8" REBAR AND
CAP "RCE31581" PER (R1)
SC'14£
T"
�3p,
BROAD STREET
J.1Q
T.P.O.B. TRUE POINT OF BEGINNING
(R1) DENOTES RECORD DATA PER 77 PM 16-17
(CALL) DENOTES CALCULATED DATA
Line Table
Line #
Length
Direction
L1
10.07
N16'46'10"W
L2
4.03
S66'39'05"W
EXHIBIT MAP
2624 AIRPARK DRIVE VARIABLE WIDTH U11LITY EASEMENT OVER PARCEL 4
SANTA MARIA, CA 93455 OF PARCEL MAP SLO 13-0003 RECORDED IN BOOK 77
PHONE: 805-934-5727 OF PARCEL AMPS AT PAGES 16 THROUGH 17 IN THE
FAX:: 805-934-3448 CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS
DATE: FEBRUARY 2021 OBISPO, STATE OF CALIFORNIA
20132-UTIL ESM'T.DWGj SHEET 1 OF 1
CONSENT AND SUBORDINATION OF SECURED LENDER
The City of San Luis Obispo, a municipal corporation ("Lender") has provided a loan in
the original principal amount of $920,000.00 to Iron Works Apartments, L.P., a California
limited partnership, which is secured by a Subordinate Leasehold Deed of Trust, Deed of Trust
Covenants, Assignment of Rents, Security Agreement and Fixture Filing dated May 1, 2017, and
recorded on June 1, 2017, in the Official Records of San Luis Obispo County as Document No.
2017-023995 (the "Deed of Trust").
Lender hereby consents to the recording of the attached Easement Agreement and hereby
agrees that the Deed of Trust shall be subject and subordinate to said Easement Agreement.
CITY OF SAN LUI BISPO, a municipal corporation
By:
Michael Codron
Title: Community Development Director
Date: / , 2021
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Title:
Date: , 2021
[SIGNATURES MUST BE NOTARIZED]
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
On _ r before me, 61 a
Notary Public, personally appeared i
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.
ITNESS my hand and official seal.
Signature
SE.� y CARA ALEXANDRA VERESCHAGIN
Notary Public California z
�,= San Luis Obispo County >
z Commission # 2255915
""' "} My Comm. Expires Aug 26, 2022
(Seal)
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
.391
Notary Public, personally appeared
ss.
before me,
�a
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.
WITNESS my hand and official seal.
Signature
(Seal)
CONSENT AND SUBORDINATION OF SECURED LENDER
The City of San Luis Obispo, a municipal corporation ("Lender") has provided a loan in the
original principal amount of $974,188.50 to Iron Works Apartments, L.P., a California limited
partnership, which is secured by a Subordinate Leasehold Deed of Trust, Deed of Trust
Covenants, Assignment of Rents, Security Agreement and Fixture Filing dated May 1, 2017, and
recorded on June 1, 2017, in the Official Records of San Luis Obispo County as Document No.
2017-23994 (the "Deed of Trust").
Lender hereby consents to the recording of the attached Easement Agreement and hereby
agrees that the Deed of Trust shall be subject and subordinate to said Easement Agreement.
CITY OF SAN LUIS OBISPO, a municipal corporation
By: (- 53
Michael Codron
Title: Community Development Director
Date:f 12021
APPROVED AS TO FORM AND LEGAL EFFECT:
s e
By:
Title: i
Date: _ , 2021
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 _ LU 15 o bl)
On _ 1'l 1
Notary Public, personally appeared
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
naraeraph is true and correct.
THE S my hand and official seal.
Signature
ALEXANDRAVERESCHAGINNotary Public • California
OCARA
San Luis Obispo CountyCommission
n2255415
My Comm. Expires Aug 26, 2022
(Seal)
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
On before me, a
Notary Public, personally appeared
, 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.
WITNESS my hand and official seal.
Signature
(Seal)
CONSENT AND SUBORDINATION OF SECURED LENDER
The County of San Luis Obispo, a political subdivision of the State of California
("Lender") has provided a loan in the original principal amount of $194,807.00 to Iron Works
Apartments, L.P., a California limited partnership, which is secured by a County CDBG Deed of
Trust and Security Agreement dated May 1, 2017, and recorded on June 1, 2017, in the Official
Records of San Luis Obispo County as Document No. 2017-024000 (the "Deed of Trust").
Lender hereby consents to the recording of the attached Easement Agreement and hereby
agrees that the Deed of Trust shall be subject and subordinate to said Easement Agreement.
COUNTY )1?F SAN LUIS POISI'O, a political subdivision of the State of California
LION
► • ` ..IN-
Date: , 2021
[SIGNATURE MUST RE NOTARIZED]
APPROVED AS TO FORM AND LEGAL EFFECT:
APPROVED AS TO LEGAL FORM AND EFFECT:
RITA L. NEAL
County Counsel
By: D p ty Cou y Counse
Dated: March 3, 2021
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 Lk1\c-, i )
On � [ before me, ANLj a
Notary Public, personally appeared
""C \! 1 who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s 3s re subscribed to the within instrument
and acknowledged to me that e he/they executed the same in his er/their authorized
capacity(ies), and that b his er/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.
WITNESS my hand and official seal. ANN C. WErs
Not Public - California
San Luis Obispo County
Commission it 2215035
My Comm. Expires May
9.2023 y
Signature (Seal)
CONSENT AND SUBORDINATION OF SECURED LENDER
The County of San Luis Obispo, a political subdivision of the State of California
("Lender") has provided a loan in the original principal amount of $314,034.00 to Iron Works
Apartments, L.P., a California limited partnership, which is secured by a County HOME Loan
Deed of Trust and Security Agreement dated May 1, 2017,.and recorded on June 1, 2017, in the
Official Records of San Luis Obispo County as Document No. 2017-023998 (the "Deed of
Trust').
Lender hereby consents to the recording of the attached Easement Agreement and hereby
agrees that the Deed of Trust shall be subject and subordinate to said Easement Agreement.
COUNT
F SAN LUT
OBI PO, a political subdivision of the State of California
By:
EVOP, H
Title: TFC P U MJ K-\G UI l.Dl �1(r- �� •
Date: -1� , 2021
[SIGNATURES MUST BE NOTARIZED]
APPROVED AS TO LEGAL FORM AND EFFECT:
RITA L. NEAL
County Counsel
By: Deputy Cou Counse
Dated: March 3, 2021
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 l '�,® )
On _ Z 1 before me, a
Notary Public, personally appeared
1 who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(SG)Ire subscribed to the within instrument
and acknowledged to me that he he/they executed the same in his, her/their authorized
capacity(ies), and that byhis er/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.
WITNESS my hand and official seal.
Signature
Pubiic -California
.r..w
Notary
CONSENT AND SUBORDINATION OF SECURED LENDER
The Housing Authority of the City of San Luis Obispo, a public body, corporate and
politic, duly organized and existing under the laws of the State of California ("Lender") has
provided a loan in the original principal amount of $10,850,000.00 to Iron Works Apartments,
L.P., a California limited partnership, which is secured by a Leasehold Deed of Trust, Security
Agreement, Absolute Assignment of Leases and Rents and Fixture Filing dated May 1, 2017,
and recorded on June 1, 2017, in the Official Records of San Luis Obispo County as Document
No. 2017- 023989 (the "Deed of Trust").
Lender hereby consents to the recording of the attached Easement Agreement and hereby
agrees that the Deed of Trust shall be subject and subordinate to said Easement Agreement.
HOUSING AUTHORITY OF THE CITY OF SAN
LUIS OBISPO, a public body, corporate and politic, duly
organized and�isSi�ig under the -laws of the State of
e-o
Title:
Date: 3 ✓ 32021
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 5a.n LyiS otbis�2h11
)
On M a reh a , -Zy z l , before me, Yiat-orja- L. Co nru-A �u a
Notary Public, personally appeared -- Sc o+It 5n- +k —
, 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.
WITNESS my hand and official seal.
Signature
VICTORIA L. CONNERL�1'
CbMM. M 2244590
NOTARY PUBUC 0 CAUFOMM
SAN LUIS OBISPO COUNTY
Comm. Exp. JUNE 27, 2022
(Seal)
CONSENT AND SUBORDINATION OF SECURED LENDER
The San Luis Obispo County Housing Trust Fund, a California non-profit public benefit
corporation ("Lender") has provided a loan in the original principal amount of $460,000.00 to
Iron Works Apartments, L.P., a California limited partnership, which is secured by a Leasehold
Deed of Trust with Assignment of Rents dated May 1, 2017, and recorded on June 1, 2017, in the
Official Records of San Luis Obispo County as Document No. 2017-023992 (the "Deed of
Trust").
Lender hereby consents to the recording of the attached Easement Agreement and hereby
agrees that the Deed of Trust shall be subject and subordinate to said Easement Agreement.
SAN LUIS OBISPO COUNTY HOUSING TRUST
FUND, a California non-profit public benefit corporation
�e m
By: f /
Thomas J. Sherman, Executive Director
Date: r .2021
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
On VoAc4 ?1 2--( before me, t .4
Notary Public, personally appeared )
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.
WITNESS my hand and official seal.
0'a L�64
Sigilature
L. A. BERTRAND
NotaryPublic— California Z
z San Luis Obispo County
Commission 2210707
My Comm. Expires Sep 16, 2021
(Seal)