The URL can be used to link to this page

Home My WebLink AboutD-2107_AHA_West CreekRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401-3249 Attn: Community Development Director No fee for recording pursuant to Government Code Section 27383 2018043766 Tommy Gong San Luis Obispo - County Clerk -Recorder 10/18/2018 02:22 PM Recorded at the request of: PUBLIC Titles: 2 Pages: 16 Fees: $0.00 Taxes: $0.00 Total: $0.00 (Space above for Recorder's Use) AFFORDABLE HOUSING RENTAL RESTRICTION AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Rental Affordable Units for West Creek Development) This AFFORDABLE HOUSING RENTAL RESTRICTION AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is made and entered into on this -day of 2018 by and between the City of San Luis Obispo, a California charter city and municipal corporation (the "City"), and West Creek LLC, a California Limited Liability Company (the "Owner"), collectively referred to as the "Parties." RECITALS A. Owner is the owner of certain real property located at 1299 Orcutt Road in the City, which is more particularly described in attached Exhibit A incorporated herein by this reference (the "Property"). B. On April 3, 2017, the City Architectural Review Commission adopted Resolution No. 1006-17 (the "Project Approvals") to approve Owner's construction of 172 residential units on the Property (the "Project"). C. Pursuant to Municipal Code Section 17.91.040 B, the City's Community Development Department has established rental prices and income limits for affordable rental housing units (the "Affordable Housing Standards"). The Owner is required to rent ten 10 residential units developed in the Project, at Affordable Rents, as defined below, to either low or moderate income households (the "Affordable Units") in conformance with the rental prices and income limits established by the Affordable Housing Standards. D. Owner acknowledges and agrees that the Project Approvals provided adequate and proper notice pursuant to Government Code Section 66020 of Owner's right to protest any requirements for fees, dedications, reservations, and other exactions as may be included in this Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days of the date that notice was given, and that the period has expired in which Owner may protest any and all fees,_ dedications, reservations, and other exactions as may be included in this Agreement. 1808\03\1835187.4 AGREEMENT NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually acknowledge and agree as follows: ARTICLE 1. DEFINITIONS AND EXHIBITS Section 1.1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms have the following meanings in this Agreement: (a) "Affordable Rent" means the maximum total of monthly payments by the Tenant of an Affordable Unit, which is to be calculated in accordance with the formula provided in the City of San Luis Obispo Affordable Housing Standards. (b) "Director" means the Community Development Director of the City or successor position. (c) "Eligible Household" means a household which has been determined by the Housing Authority or other agency designated by the Director to be eligible to rent an Affordable Unit as either a Low or Moderate Income Household, in compliance with the Affordable Housing Standards and this Agreement. (d) "Household Income" means the combined gross, pre-tax income of all adult occupants of the applicant household. (e) "Housing Authority" means the Housing Authority of the City of San Luis Obispo. (f) "Low Income Household" is defined in the City of San Luis Obispo's Affordable Housing Standards and means a household with a Household Income that does not exceed eighty (80) percent of the area median income as determined by the California Department of Housing and Community Development. (g) "Moderate Income Household" is defined in the City of San Luis Obispo's Affordable Housing Standards and means a household with a Household Income that does not exceed one hundred and twenty (120) percent of the area median income as determined by the California Department of Housing and Community Development. (h) "Tenant" is a household occupying an Affordable Unit pursuant to a valid lease with the Owner. (i) "Term" shall mean the term of this Agreement, which shall be in effect for a fifty-five (55) year period from the date that a certificate of occupancy is issued for the last Affordable Unit to be completed. 2 1808\03\1835187.4 Section 1.2. Exhibits. The following exhibits are attached to this Agreement: Exhibit A Legal Description of the Property Exhibit B Map Showing Location of Affordable Units Exhibit C Construction Schedule and Description of Affordable Units ARTICLE 2. CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS Section 2.1. Construction of Affordable Units. The Owner agrees to construct and make available ten 10 units as Affordable Units in the Project on the Property during the Term. The Owner agrees to provide four 4 units that are affordable to Low Income Households and six 6 units that are affordable to Moderate Income Households]. Section 2.2. Design and Appearance of Affordable Units. The design, bedroom count, appearance, and general quality of the Affordable Units shall be of the same as character of the Project as a whole. The Owner agrees to provide the Affordable Units with a bedroom count mix of studios and two bedrooms in the location shown and described on Exhibit B during the Term. If, after recordation of this Agreement, Owner proposes to change the location of any Affordable Unit within the Project, Owner shall submit a written request for such change to the Director, who shall have sole discretion to approve or deny such request. Section 2.3. Construction Timing. The Affordable Units shall be constructed in proportion to construction of the other units in the Project pursuant to the schedule in Exhibit C. No certificates of occupancy or final inspections shall be issued for any units in the Project unless a proportional number (generally one certificate of occupancy for an Affordable Unit for each ten other units issued certificates of occupancy) of certificates of occupancy or final inspections have been issued for Affordable Units unless an alternate phasing plan has been approved as part of the Project Approvals. ARTICLE 3. RENT REGULATORY PROVISIONS Section 3.1. Affordability and Occupancy Covenants. The Affordable Units shall be used exclusively for rental housing for the Term. The Affordable Units shall not be kept vacant or used for any purpose except for residential use and shall be offered for rent only to Eligible Households at Affordable Rents. Section 3.2. Schedule of Affordable Rents. (a) The City has provided the Owner with a schedule of Affordable Rents for the Affordable Units in effect on the date of this Agreement. Affordable Rents may be increased annually thereafter as set forth in the City of San Luis Obispo Affordable Housing Standards. 1808\03\1835187,4 Except as provided in subsection (b) of this Section, the Owner shall not charge any fee other than rent to any Tenant of Affordable Units for any housing or other services provided by Owner. (b) Increased Income of Tenants. In the event Tenant's income exceeds the qualifying income for a Very Low -Income Household, Owner shall not be entitled to any additional rent. Section 3.3. Ajzreement to Limitation on Re ts. The Owner hereby covenants that the City's approval of West Creek Development proposed by the Owner, as further described in Recital B, are forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. The Owner further covenants that it has agreed to limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this Agreement, in consideration for the West Creek Development approved by the City and proposed by the Owner. Civil Code Sections 1954.52(b) and 1954.53(a)(2) provide that, where a developer has received such incentives, certain provisions of Civil Code Section 1954.51 et seq. (the "Costa -Hawkins Act") do not apply if a developer has so agreed by contract. The Owner hereby covenants that any Affordable Units provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other provision of the Costa -Hawkins Act inconsistent with controls on rents. Owner further covenants that, in addition to the foregoing, this Agreement is compliant with Government Code Section 65850.01. The Owner further covenants that this Agreement complies with all federal, State, and City laws and ordinances and that the terms of this Agreement are fully enforceable. Section 3.4. Income Certification. (a) Prior to Owner entering into a lease with a prospective tenant of an Affordable Unit, the prospective tenant household shall be certified as an Eligible Household by the Housing Authority of the City of San Luis Obispo or other agency designated by the Director. (b) Annually, thereafter, the Owner will obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications for each Tenant renting any of the Affordable Units. Owner shall obtain written certification by the Housing Authority or other agency designated by the Director that the Affordable Units are being occupied by Eligible Households in compliance with the terms of this Agreement. Section 3.5. Reports to City. The Owner shall submit to the Director on or before July 31 st of each year, or at other such interval as mutually agreed by the Parties, a report in a form acceptable to the City to enable the City to verify that the Affordable Units are being occupied by Eligible Households in compliance with the terms of this Agreement. At a minimum, information to be submitted shall include: (a) Certifications of eligibility for all Tenants of Affordable Units at the time of initial occupancy and upon the yearly anniversary of their continuing tenancies. Such certification shall include verified income statements and number of persons in each Affordable Unit. 4 1808\03\1835187.4 Units. (b) Certification of the amount of rent charged for the year for all Affordable (c) Other information reasonably required by the City. Section 3.6. Inspections. The City reserves the right to inspect the premises upon reasonable notice to the Owner to ensure that the Property is being maintained, operated, and used consistent with this Agreement and applicable federal, state and local codes. The Owner agrees to correct all conditions found by such inspections not to conform to the applicable requirements within ninety (90) days of delivery of written notice from the City, or such period as necessary to correct the violations as determined by the Director, provided that corrections are commenced within ninety (90) days and prosecuted diligently to completion. Failure maintain the Property as required by this Agreement or to correct such conditions shall be a Default, as defined below. Section 3.7. Management of Property and Property Maintenance. (a) Management Responsibilities. Except for the Housing Authority's initial certification of a Tenant as an Eligible Household, the Owner is responsible for all management functions with respect to the Project, including, without limitation, the annual recertification of household size and Household Income (subject to review by the Housing Authority, the City or its assignee), selection of Tenants, evictions, collection of Rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The City shall have no responsibility over management of the Project. (b) Property Maintenance,. The City places prime importance on quality maintenance to ensure that all developments within the City which include affordable housing units are not allowed to deteriorate due to below-average maintenance. The Owner shall provide the Affordable Units with the same level and quality of maintenance, including performance of repairs and periodic replacement of fixtures as the other units in the Project. The Owner agrees to maintain all interior and exterior improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. (c) Taxes and Assessments. The Owner shall pay all real and personal property taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that the Owner shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax, assessment, or charge against it, the Owner, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. Section 3.8. Laws and Re ulatiom. The Owner acknowledges that Owner is familiar with and will comply with all local and State laws and regulations that pertain to 1808\03\1835187,4 construction, health and safety, labor, fair housing practices, equal opportunity and all other matters applicable to maintaining sound, safe and affordable rental housing. ARTICLE 4. ENFORCEMENT Section 4.1. Covenants Running with the Land. The requirements of this Agreement shall be covenants running with the land as defined in California Civil Code Section 1460 and shall apply to the Property. Pursuant to Civil Code Section 1468, which governs such covenants, the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest in the Property, or any portion thereof and on their heirs, successors in interest and assigns for the Term. The Parties agree that all future deeds or transfers of interest regarding the Property shall show the restrictions of this Agreement for the Term. Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under the terms of this Agreement within ninety (90) days after the delivery of a notice of default from the City will constitute a default under this Agreement ("Default"). In addition to remedies for breach of this Agreement, the City may exercise any and all remedies available to it under the Municipal Code or other any other provision of law or equity, including but not limited to: (a) withholding, conditioning, suspending or revoking any Project Approvals, including without limitation final inspections for occupancy and/or certificates of occupancy; (b) instituting against the Owner, or other parties, a civil action for declaratory relief, injunction or any other equitable relief, or relief at law, including without limitation an action to rescind a transaction and/or to require repayment of any funds received in connection with such a violation; (c) where one or more persons have received financial benefit as a result of violation of this, the City may assess, and institute legal action to recover as necessary, a penalty in any amount up to and including the amount of financial benefit received, in addition to recovery of the benefit received; and (d) requiring the Owner or his/her successors in interest to the Property to pay the City rent or any other payment received by the Owner for the Affordable Unit from the date of any unauthorized use of the Affordable Unit or in excess of Affordable Rent. Section 4.3. Attorney's Fees and Costs. If either Party takes or commences any actions or proceedings, including litigation or arbitration, against the other by reason of any breach or claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a judicial declaration of rights under this Agreement, the Party prevailing in such action or proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees and associated expenses, whether or not the proceeding or action proceeds to judgment. 6 1808\03\1835187.4 ARTICLE 5. GENERAL PROVISIONS Section 5.1. Appointment of Other Age . At its sole discretion, the City may designate, appoint or contract with any other public agency, for-profit or non-profit organization to perform some or all of the City's obligations under this Agreement. Section 5.2. Records. The Owner shall retain all records related to compliance with obligations under this Agreement for a period not less than five (5) years from the date of origination of such records, and make them available to City employees or others designated by the City for inspection and copying on five (5) business days' written notice. The City shall be entitled to monitor compliance with this Agreement, and the Owner shall cooperate with City monitoring, including obtaining Tenant Affordable Rent and Household Income verification upon request of the City. Section 5.3. Hold Harmless. Owner will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense and attorney's fees) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to the Project, the Affordable Units, or Owner's performance or non-performance under this Agreement, including claims pursuant to California Labor Code Section 1720 et seq., and shall protect and defend Indemnitees, and any of them with respect thereto, except to the extent arising from the proven gross negligence or willful misconduct of the City. The provisions of this Section shall survive expiration or other termination of this Agreement or any release of part or all of the Property from the burdens of this Agreement, and the provisions of this Section shall remain in full force and effect. Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the Party to receive such notice at the addressed set forth below: TO THE CITY: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401-3249 Attn: Community Development Director WITH COPY TO: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attn: City Attorney 7 1808\03\1835187,4 TO THE OWNER: wr-S7' C9E9� SLC N �a.&e0r= Pl�� 6/ S(JlYk 100 Attn: R I CR Ago IVgI S*O.N Any notice shall be deemed delivered on the first business day that delivery is attempted or upon receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday, Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County are authorized or required to close for observance thereof. Any Party may change the address to which notices are to be sent by notifying the other Parties of the new address, in the manner set forth above. Section 5.5. Integrated Agreement. This Agreement sets forth the full and entire understanding of the Parties regarding the matter set forth herein. Any other prior or existing understandings or agreements by the Parties, whether formal or informal, regarding any matters addressed within this Agreement are hereby superseded or terminated in their entirety. Section 5.6. Each Party's Role in Drafting the Agreement. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement. Section 5.7. Amendment of Agreement. No changes, amendments, or alterations to this Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments to this Agreement, shall be subject to the review and approval of the decision-making body which approved the Project Approvals. Minor amendments to this Agreement may be approved by the Director. Upon approval, a new Agreement containing the amendments shall be executed and recorded. Section 5.8. Applicable Law. This Agreement shall be governed by California law. Venue shall be the County of San Luis Obispo. Section 5.9. Waivers. Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Owner or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Owner to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers. 8 1808\03\1835187.4 Section 5.10. Title of Parts and Sections. Any titles of the sections, subsections, or subparagraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions. Section 5.11. Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Section 5.12. Recording of Agreement. This Agreement shall be recorded against the Property in the Official Records of the County of San Luis Obispo prior to the recordation of any parcel map or final subdivision map or issuance of any building permit for the Project, whichever occurs first. Section 5.13. Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. 1808\03\1835187.4 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. OWNER: West Creek, LLC a California Limited Liability Company By: SLO Management, LLC, a California limited liability company Its: Manager By: West Creek Management, LLC, a California limited liability company Its: Manager By: Its: _ twa'nM9cV, Richard. G. Nelson, Manager CITY: City of San Luis Obispo, a California charter city and municipal corporation By: ( '-- jjzll�� Michae Codron, Community Development Director APPROVED AS TO FORM AND LEGAL EFFECT: rney 10 1808\03\1835187.4 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 OFIJ4OM_ On� •� , before me, i� (V\ 1� M- , Notary Public, personally appeared VX[Z { (D. Y\ -e l Sm VN who proved to me on the basis of satisfactory evidence to be the personj(,s.}whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/sire/tKeey executed the same in his/her/their authorized capacity(ip&), and that by his/h®rftheir signature(.$) on the instrument the person(s), or the entity upon behalf of which the person(g) 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. KIM SPRINGER Notary Public - California .•r Orange County r Commission p 2250945 My Comm. Expires Aug 21, 2022 1808\03\1835187.4 Name Notary Public ACKNOWLEDGMENT 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 San Luis Obispo On �) - �_ �0� 8 before me, Diane Dostalek, Notary Public (insert name and title of the officer) personally appeared Michael Codron 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. DIANE DOSTALEK WITNESS my hand and official seal. Commission # 2138341 5 a3 Notary Public • California z San Luis Obispo County 11 My Comm. Ex fres Dee 25, 2419 Signature) (Seal) EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL1: (LOT 1 of LOT LINE ADJUSTMENT SLOAL 16-0172, Document No. 2017002577) That portion of Lots 122 and 123 of the Subdivision of the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California as shown on that Map filed in Book 1, at Page 92 of Record of Surveys in the office of the Recorder for said County, lying Northwesterly of the following described line: Commencing at the Northwest corner of said Lot 123 marked by a 5/8th inch rebar with yellow plastic cap stamped LS 5139 as shown on that map filed in Book 108, at Page 51 of Record of Surveys in the office of the Recorder for said County; Thence, along the Northerly line of said Lot 123, South 88° 53'37" East (North 89° 38' East), 273.50 feet to the True Point of Beginning; Thence, leaving the Northerly line of said Lot 123, South 38° 20' 13" West, 25.75 feet (1-1); Thence, South 00° 33'09" West, 45.76 feet (1-2); Thence, South 31° 18'01" West, 32.05 feet (1-3); Thence, South 24° 43' 38" West, 31.54 feet (1-4); Thence, South 33° 08'01" West, 16.77 feet (1-5); Thence, South 550 30'20" West, 68.53 feet (1-6); Thence, South 790 38' 13" West, 41.08 feet (1-7); Thence, South 70° 16'41" West, 65.98 feet (1-8); Thence, South 02° 44' 34" West, 31.77 feet (1-9); Thence, South 420 45'21" West, 31.85 feet (1-10); Thence, South 75° 18' 06" West, 49.30 feet (1-11); Thence, South 28° 01'34" West, 55.10 feet (1-12); Thence, South 49° 36' 58" West, 26.90 feet (1-13); Thence, North 650 19' 17" West, 30.37 feet (1-14); Thence, North 89° 09' 28" West, 86.20 feet (1-15); Thence, South 49° 21' 15" West, 71.71 feet (1-16); Thence, North 79° 34'42" West, 72.91 feet (1-17); Thence, South 59° 36' 03" West, 80.69 feet (1-18); Thence, South 00° 35' 16" East, 45.84 feet (1-19); Thence, South 21° 00'21" West, 174.00 feet (1-20); Thence, South 19° 44' 29" West, 41.18 feet more or less (L21) to the Southerly line of said Lot 122; Parenthetical bearings described herein above are based upon that Grant Deed filed in Book 1171, at Page 731 of Official Records as filed in the office of the Recorder for said County, all other bearings shown herein above are based upon the California State Plane Coordinate System, North American Datum 1983, Zone 5, Epoch 1991.35 obtained from GPS observations and constrained to Primary Control Point #8208 of City of San Luis Obispo Horizontal Control Network 2007 with published Northing 2,291,773.49/Easting 5,774,874.73 sFT as filed in the City of San Luis Obispo, Public Works Department, Engineering Division; Distances shown herein above are grid. AN EASEMENT FOR DRIVEWAY PURPOSES, TO BE USED IN COMMON WITH OTHERS, OVER THAT PORTION OF LOT 124 OF THE SUBDIVISION OF THE SAN LUIS OBISPO SUBURBAN TRACT IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN A-1 1808\03\1834969.5 BOOK 1, PAGE 92 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 124 THAT IS DISTANT ALONG SAID NORTHERLY LINE AND THE NORTHERLY LINE OF LOT 123, AS SHOWN ON SAID MAP, NORTH 89°38' EAST, 612.72 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 123; THENCE SOUTH 25017' EAST, 93.98 FEET; THENCE SOUTH 33049'06" EAST TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 124, SAID LAST MENTIONED POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 33049'06" WEST, 24.00 FEET; THENCE NORTH 56°30' EAST, 225.45 FEET; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 96°30', AN ARC DISTANCE OF 33.68 FEET; THENCE ALONG THE PROLONGATION OF A RADIAL LINE OF SAID CURVE, NORTH 50° EAST, 22.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 124; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 40° EAST, 49.08 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 124; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT, SOUTH 56°30' WEST, 272.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2B: AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF ONE SANITARY SEWER LINE OVER AND ACROSS THE SOUTHERLY 8 FEET OF LOT 122 OF THE SAN LUIS OBISPO SUBURBAN TRACT, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP FILED FEBRUARY 7, 1906 IN BOOK 1, PAGE 92 OF RECORDS OF SURVEY, IN THE OFFICE OF THE SAID COUNTY A-2 1808\03\1834969.5 EXHIBIT B MAP SHOWING LOCATION OF AFFORDABLE UNITS ■mil W 2 O 133a1S ..V.. Q w Z Q LU o cD � Z w J' B-1 1808\03\1835187.4 I Exhibit A co a EXHIBIT C CONSTRUCTION SCHEDULE AND DESCRIPTION OF AFFORDABLE UNITS Address Affordability Unit Type Level Anticipated Building Start Anticipated Building Complete 3560 Unit #210 Studio Moderate 10/22/2018 10/22/2019 3550 Unit 4208 2 -bedroom Low 11/5/2018 11/5/2019 3550 Unit 4210 Studio Low 11/5/2018 11/5/2019 3520 Unit #210 Studio Moderate 11/19/2018 11/19/2019 3530 Unit 9210 Studio Moderate 12/3/2018 12/3/2019 3540 Unit #208 2 -bedroom Moderate 12/17/2018 12/17/2019 3540 Unit #210 Studio Low 12/17/2018 12/17/2018 3510 Unit 4208 2 -bedroom Moderate 12/31/2018 12/31/2019 3510 Unit #210 Studio Low 12/31/2018 12/31/2019 3570 Unit # 210 Studio Moderate 1/14/2019 1/14/2020 C-1 1808\03\1835187.4 nmm (1F nnC11MENT