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Home My WebLink AboutContracts & Agreements_213-12_CCv0001.pdf RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Redlands 35 Cajon Street Redlands, California 92373 Attention: City Clerk No fee for recording pursuant to Government Code Section 27383 FIRST AMENDMENT TO HOUSING INCENTIVE AND/OR CONCESSION AGREEMENT THIS FIRST AMENDMENT TO HOUSING INCENTIVE AND/OR CONCESSION AGREEMENT(the "Amendment") is entered into as of the 18'h day of December, 2012,by and between the HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO, a public body, corporate and politic (the "Developer"") and the CITY OF REDLANDS, a California municipal corporation(the ncityn). RECITALS A. The Developer and the City entered into a Housing Incentive and/or Concession Agreement dated as of August 4, 2009, (the "Housing Agreement"), pursuant to which the Developer agreed that one hundred eighty-nine(189)units to be constructed on certain real property owned by the Developer would be made available to the public as "Affordable Housing". Capitalized terms used but not otherwise defined in this Amendment have the meanings set forth in the Housing Agreement. B. Since entering into the Housing Agreement, the Developer has subdivided the Property into multiple parcels to facilitate the phased construction of the Project. Phase I of the Project will include eighty-five(85) units of Affordable Housing("Phase I"). Phase I of the project will be constructed on the real property described in the attached Exhibit A (the "Phase I PropeM"). Phase 11 of the Project will include One Hundred Four(104) units of Affordable Housing (Phase 11"), and will be constructed on a portion of the Property to be further subdivided by Developer(the"Phase 11 Prgperty"). Phase I and Phase 11 are collectively referred to as the "Development Phases". C. The City and the Developer desire to enter into this Amendment to reflect their understanding as to how the Affordable Units will be divided among the Development Phases. NOW,THEREFORE, in the City and the Developer agree as follows: I. Phased Development of Project. The City agrees that Developer's obligations under the Housing Agreement to construct one hundred eighty-nine(189)units of Affordable 1:\ca!qiniAgreemen&TirstAmLjidment to Housing Incentive and Concession Agreentent,doc 1644\02\1243027.1 Housing may be satisfied by the development of the units in the Development Phases. In Phase I eighty-five(85)units are required to be Affordable Units rented as Affordable Housing. In Phase 11 One Hundred Four(104)units are required to be Affordable Units rented as Affordable Housing. ? Recordation of Amendment. The parties agree to cause the recordation of this Amendment against the Phase I Property. The parties agree to record a copy of this Amendment against the Phase 11 Property when suchproperty is subdivided by Developer. The City agrees to terminate the Housing Agreement to the extent it encumbers portions of the Property that are not part of the Phase I Property and the Phase 11 Property. 3. Full Force and Effect. Except as set forth in this Amendment, the Housing Agreement remains unmodified and is in fall force and effect. In 4. Counterparts. This Amendment may be signed by the different parties hereto in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. 5. CEQA. In approving this Amendment, the City Council of the City of Redlands determines that approval of the Amendment is exempt from review under the California Environmental Quality Act("CEQA")pursuant to state CEQA Guidelines section 15061(b)(3) because it can be see with certainty that approval of this Amendment will have no effect on the environment. IN WITNESS WHEREOF,the parties have executed this Amendment as of the day first above written. CITY: DEVELOPER: City of Redlands,a California Housing Authority of the County of San municipal corporation Bernardino,a public body corporate and public By: Pete Aguftar, Mayor Daniel Nackerman, President/CEO ATTEST: Sam Irwin, City derk 1:,ca\4jm',A_greemen&Tirst Amendment to Housing Incentive and Concession Agreement.doc 1644\02\1243027.1 STATE OF CALIFORNIA COUNTY OF On 1)2 Y-v—�-r 10,-2 e,,, before me, Notary Public, appeared personally who proved to me w Dael; �-e-i-klael on the basis of satisfactory evidence to be the person(4 whose name(s) is/ara subscribed to the within instrument and acknowledged to me that he/ghz/they executed the same in his heir authorized capacity(ics), and that by his/hin.�r/AheAr signature(s)on the instrument the person(s), 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. SYLVIA ROBLES Corranission*19M67710 Pu I C f Notary Public-California Notary Sin Barn ar Inn_O�nt r9M San Bernardino county jjj-1�171 My Comm,Exp es Feb, Name: SJ-ViA -n -T Notary Public STATE OF CALIFORNIA COUNTY OF On before me, Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isi'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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 certi1v UNDER PENALTY OF PERJURY under the laws of the State of California that I the foregoing paragraph is true and correct. WITNESS my hand and official seal. Name: Notary Public 3 I:'-,ca,,qjm\AgreementsTirst Amendment to Housing Incentive and Concession Agreement.doc 1644",,02,1124310271.1 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF DLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 18, 2012, before me, Teresa Ballinger, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/aw subscribed to the within instrument and acknowledged to me that s. they executed the same in hi&+.4_*their authorized capacity(tes) and that by hit their signature(s) on the instrument the per 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. E o ARTHUR S. IRWIN,CITY CLERK F 0 Teresa Ballinger,DeputyClerk (909)798-7531_ CAPACITY CLAIMED BY SIGNER(S) Individual(s)signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust jxj Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: First Amendment to Housing Incentive and/or Concession Agreement Date of Document: December 18, 2012 Signer(s)Other Than Named Above: Housing Authority,Cotirny of San Bernardino by: Daniel Nackerman,President/CEO EXHIBIT A LEGAL DESCRIPTION [Lot 19 on Tract Map 18762-1 A-1 I:1ca'l4jm',Agreemen&xFirst Amendment to Housing Incentive and Concession Agreenlent.doc 1644`,92y124302 7.1 EXHIBIT "All A PARCEL OF LAND IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 19 AS SHOWN ON TRACT 18762-1 IN THE CITY OF REDLANDS, RECORDED IN BOOK 3137 OF TRACT MAPS AT PAGE' I THROUGH 3, INCLUSIVE, ON DECEMBER 3, 2012, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, CALIFORNIA. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 7.15 ACRES, MORE OR LESS- No. 21914 EXP,9-30-13 C/V OF GAO. � ANTHONYIxf. TERI(I'H, RCE 21914