The URL can be used to link to this page

Home My WebLink AboutD-1397C' REJPRDING AND 'TL XM REQUESTED BY TO: L Name Qity Clerk' s mice City of San Luis Obispo,. P.O. Box 8100 San Luis Obispo, .CA 93403 -8100 Doc No: 1993 - 056148 Rec NO: 00066517 Official Records 11NF 0.00 San Luis Obispo Co. Francis M. Cooney Recorder Sep 17, 1993 i Time: 13:34 i 11 , ;TOTAL 0.00 AGREEPIENT 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 is 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 $1 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 13g7C A- 24 -91 -CC (R 6066) ~� � �� ' � 17l .� ATTACHMENT 21 (CONT) 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 improvements made to the site will become the sole &TTArfrn PwT )i (romT) i 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 AUTHO TY OF SAN LU IS OBISPO By: OF APPRO E CITY OF SAN LUIS BISPO ... MAYOR RON DUNIN .AT'FF,ST;I 's} q : CITY' PAM V E CV APPROVED AS TO FORM: I AT RNE `JEF JORGENSEN dh \HA -AGRE t State of California a County of San Luis Obispo __V16 L23 before me, SHARIE A ROT Pew Y appeared per y aan to me (or Proved to no on the basis of satisfactory ev to be the perscn(s) whose name (s) is /are subscribed to the within.instruient 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 instxlurent the person(s), or the entity upon behalf of which the Person (s) acted, executed the instrument. WITNESS my hand and official Signature () orc s SHARIE A Roft 3 n 9� ATTACHMENT 21 (CONT) -- - - - -- - - -- _ - DESCRIPTION THAT PORTION OF LOT 3 I,N 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 190 56' WEST, SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 175 FEET, THROUGH A.CENTRAL ANGLE OF 200 18'0 AN ARC DISTANCE OF 62 FEET; TANGENT TO SAID CURVE, SOUTH 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 31.42 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 31.42 FEET; TANGENT TO SAID CURVE NORTH 00 22' WEST 28.40 FEET, AND NORTHEASTERLY ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1.75 FEET THROUGH A CENTRAL ANGLE OF 310, 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. EXHIBIT "A" ATTAf11nTGTTr 1) 1 /nnrm+\' .t 5 H w, /4 C o� �`� /3 A9 Q O CL F N 1i Co. . t s g I nl h� /67.3T1 2 a, 7.63 �. gAnr 1 I • a. S 0 r •L' OR CUT7- P z y /fig I I f Co RD, j� "O• 34 l•Ji. • h�, I • City or 04- 961 -47 San WI S .OBI SPO Vacant Department of Community Development Laurel & ksUtt Public Worrks 990 Palm Street /Post Office Box 321, San Luis Obispo. CA 93408 ETA PRINT NIS581 • END OF DOCUMENT 1 d.� �� i:.