HomeMy WebLinkAboutContracts & Agreements_29-1999 RDA_CCv0001.pdf Recorded in Official Records, County of
San Bernardino, Larry Walker, Recorder
105.00
Doc No . 19990314016
RECORNNIG RIQUESTED BY AND 11 : 33am 07/27/99
WHEN RECORDED MAIL TO:
CITY CLERK'S OFFICE 205 20223840 02 04
CITY OF REDLANDS
P. O. BOX 3005 1 [— 2 f--j 3 [7! 4 F-� 5 M 6 F- 7 [— I M 9 M 9
REDLANDS,CA 92373 PG FEE APF DIMS PH CPY I CRT C—PY ADD UM PEN PR PCOR
5 A.
NON ST LN SVY CIT CO TRANS TAX DA CHRG EXAM
REGULATORY AGREEMENT
AND
DECLARATION OF RESTRICTIVE COVENANTS
4 RE GULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS ("Agreement") is effective this 20th day of July, 1999, and is entered into by and
between the REDEVELOPMENT AGENCY OF THE CIT` " OF REDLANDS "Agency"), and
MOUNTAIN VIEW ACRES ("Developer").
RECITALS
WHEREAS, Developer is constructing senior housing units ("Project") located at Wabash
Avenue, Redlands, California and more specifically defined in Exhibit A ("Facilities") and
WHEREAS, Developer has requested that Agency provide financial assistance for the
Facilities in the form of an allocation of funds from Agency's Developer Assistance Program; and
WHEREAS, Developer is willing: to enter into this Agreement to assure agency of the
operation of the Facilities for the purposes of increasing and improving the community supply of
moderate low- and very low-income housing provided to make quality housing available at.
affordable housing costs to seniors of moderate-, low- income; and
WHEREAS, Developer has requested that Agency contribute a sum not to exceed Six
Hundred Thousand Dollars ($600,000)to pay for land acquisition, infrastructure improvements and
water, sewer and solid waste fees related to the construction of Facility, and
WHEREAS, as a condition of Agency's provision of financial assistance to Developer to
construct the Facilities, Developer will enter into certain restrictions upon the ownership and-
operation of the Facilities which will bind the Facilities and Developers its permissible successors
and assigns, for the entire tern] of this Agreement;
NDS+', THEREFORE, in consideration of the mutual covenants and undertakings set forth-
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,Agency and Developer agree as follows:
ARTICLE 1 DEFINITIONS AND INTERPRETATION
1,1 Definitions. Capitalized terns used herein shall have the following meanings
unless the context in which they are used clearly requires otherwise.
"Agency" shall mean the Redevelopment Agency of the City of Redlands.
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"City" shall mean the City of Redlands.
"Lower Income Tenants" shall mean individuals or families qualified on the basis of a,
"certification of tenant eligibility" as certified by such individual or family, who have adjusted grass
income which enables them to satisfy the requirements of Section 2.4 of this Agreement and t
occupy a Lower Income Unit.
"Lower Income Unit"shall mean the dwelling units in the Facilities designated for occupancy
by Lower Income Tenants pursuant to applicable provisions of this,Agreement._
ARTICLE 2. ONGOING PROJECT OBLIGATIONS
2.1 Bindin for Term. It is intended by the parties hereto that the provisions of this
Agreement shall apply to the Facilities throughout the entire terra hereof, as established in Section
.1 below. The parties agree that in the event of a default by Developer which is not remedied, if
provisions for remedy are provided to Developer, Agency shall be entitled to all relief to which it
would be entitled:by virtue of a default under any of the provisions hereof.
2.2ener l Use Restrictions. The Facilities shall be used only for purposes consistent
with this.Agreement, subject to the affordability and income restrictions set forth herein.
2.3 Residential Pro erty. Developer represents, warrants and covenants to operate`
the Facilities as residential housing units. The Facilities shall be held and used for the purpose of
providing low-income multi-unit residential housing for seniors, and.Developer shall own,manage,
and operate, or cause the management and operation of, the Facilities to provide lova income
housing and for no other purposes,
2.4 Lower Income Tenants, Lower Income Units las defined in Sections 2.5 and 2.
below)shall be occupied.or available for occupancy by Lower Income Tenants on a continual basis.
Lower Income Tenants are those who qualify to occupy Lower Income Units pursuant to the
provisions of this Agreement. Developer shall advise.Agency on an annual or Cather periodic basis
in writing of occupancy of Lower Income Units by Lower Income Tenants by delivery of a certificate
in a form specified by Agency. For the purposes of this Agreement, a dwelling unit occupied by an
individual who, at the commencement of the occupancy was a Lower Income Tenant, is treated as
occupied by a Lower Income Tenant during the occupancy of such dwelling unit until they cease to
be qualified as a Lower Income Tenant,subject to the provisions of Section 2,11 below. Moreover,
a dwelling unit occupied by a Lower Income Tenant shall be deemed, upon termination of such
Lower Income Tenant's occupancy (whether voluntarily or involuntarily), to be continuously
occupied by a Lower Income Tenant unit reoccupied other than for a temporarily period, at which
time the character of the unit shall be redetermined. In no event shall such temporary period exceed
thirty-one 1) days. Developer shall obtain and maintain can file such Certifications of Tenant
Eligibility in form similar to Exhibit"B," attached hereto and incorporated by reference, for each
Dower Income Tenant as Agency may,from time to time,require. Developer shall make a good faith
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effort to verify that the income provided by an applicant in an income certification is accurate by
taking any one of the following steps as part of the verification process:
2.4.1 Obtain a pay stub for the most recent pay period;
2.4.2 Obtain an income tax return for the most recent tax year;
2.4.3 Obtain an income verification form from the applicant's current employer;
2.4.4 Obtain an income verification form from the Social Security Administration and/or
the California Department of Social Services if the applicant receives assistance form either of those
agencies; or
2.4.5 If the applicant is unemployed and has no tax return, obtain another form of
independent verification.
Developer shall prepare and submit to Agency, at such periodic frequency as Agency may
require,a Certificate of Continuing Program Compliance in a form similar to Exhibit "C," attached
hereto stating: (1) the percentage of dwelling units in the Project which were occupied by Lower
Income Tenants or held vacant and available for occupancy by Lower Income Tenants during such
period; and (ii) that to the knowledge of Developer,no default has occurred under the provisions
of this Agreement.
Developer shall also prepare and submit to Agency a report in the form and substance
satisfactory to Agency,each year for the preceding calendar year, summarizing the vacancy rate of
the Lower Income Units of Project on a month-to-month basis for such calendar year.
'Developer shall accept as tenants of the Project, on the same basis as all other prospective
tenants, Lower Income Tenants who are recipients of federal certificates and/or vouchers for rent
subsidies pursuant to an existing program,under Section 8 of the United States Housing Act of 1937
or its successor, and shall not apply selection criteria to Section 8 certificate holders that are more
burdensome than the criteria applied to all other prospective tenants. The provisions of rental to
Lower Income Tenants set forth in this Article 2 shall apply during the entire term of this
Agreement.
2.5 Allocation o Lower Income Unit$, Except as provided in Section 2.11.3 below,
during the term of this Agreement, all of the Lower Income Units in the Project available for
occupancy shall be in compliance with Building Code requirements of the City, except f r no mo
u o re
than two(2)dwelling units specifically reserved for managers and maintenance personnel employed
by Developer in the management and operation of the Project, and then only so long as said units
are in fact used by Developer for such purpose, are and will be occupied, or available for occupancy,
by Lower Income Tenants on a continuous basis.
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2.6. L1i5tribUtion__Of JDwqr_lnc it An equal number of types of dwelling units of
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each size (that is, one-bedroom apartments, two-bedroom apartments, etc.) shall be occupied Or
available for occupancy arnong "40% households," "50%households," and "60% households" Os
each term is defined in Section 2.7 below). At the sole discretion of Developer, a Lower Income
Unit may be allocated to a Lower Income Tenant whose income is less than that required by the
provisions of this Agreement.
2.7 h1wmg_RLs_1ri_4;_1i restrictions
2.7.1 "40% households" shall mean an individual who, at the commencement of the
occupancy of a Lower Income Unit,had a maximum allowable household income equal to (or less
than)forty percent(40%)of the HUD Median Income, adjusted for household size.
2.7.2 "50% households" shall mean an individual who, at the commencement of the
occupancy of a Lower Income Unit,had a maximum allowable household income equal to (or less
than)fifty percent(50%)of the HUD Median Income, adjusted for household size.
2.73 "60% households" shall mean an individual who, at the commencement of the
occupancy of a Lower Income Unit,had a maximum allowable household income equal to (or less
than) sixty percent(60%)of the HUD Median Income, adjusted for household size.
2.7.4 "Moderate-income households" shall mean an individual who,at the commencement
of the occupancy of a Lower Income Unit,had a maximum allowable household income that does
not exceed 80%of the HUD Median Income, adjusted for household size.
2.7.4 "HUD Median Income" shall mean the median income adjusted by actual household
size as published annually,by HUD for the County of San Bernardino, which Median Income levels
shall be adjusted concurrently with publication of adjustment of the same by HUD.
2.8 w
Alloa,
vable Rent, A monthly rent charged to the occupants of Lower Income
Units shall be no greater than thirty percent(30%)of the maximum allowable household income(as
defined as in Section 2.7 above)for the Lower Income Tenant occupant of such Lower Income Unit,
less such utility allowances as may be mandated by HUD. Such utility allowances shall be subject
to adjustment annually as HUD may permit or require.
2.9 bent Increases. Except as provided in Section 2.11 below, rents for Lower
Income Units may be increased only once per year(concurrently with or subsequent to an increase
in determination of HUD Median Income pursuant to Section 2.7.4 above), The rents charged
following such an increase,or upon a vacancy and new occupancy by a Lower Income"tenant,shall
not exceed the allowable rent calculated in compliance with Section 2.8 above.
2.10 All og_ijj�o �we _Inmd During the term of this Agreement, dwelling
units within the Project shall be allocated to Lower Income Tenants as follows:
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3 dwelling units for 40% households '
3 dwelling units for 50%households;
3 dwelling units for 60%households; and
2 dwelling units for Median-income households.,
During such time as Developer shall use two dwelling units for resident staff, as provided
in Section 2.5 above, said two dwelling units shall come from the Median-income household
allocation, and shall revert to occupancy by Median households if not used for such purposes by
Owner. In each household category, the type and size of dwelling units available in Project shall be
allocated as equally as possible.
2.11 Increased lnco e of Clcc=3 inp Households -
2,11.1 If, upon-recertification of the maximum allowable household income of Lower
Income Tenants of a Lower Income; Unit, Developer determines that the maximum allowable
household income of the occupants of a 40% household has increased above the level of a %
household as defined in Section 2.7.1 above)but remains below that of a 50%household;then such.
Lower Income Unit may be treated by Developer as a Lower Income Unit available for occupancy
by a 50%household, and the monthly rent may be increased to not greater than one-twelfth(1/12)
of thirty percent(30%) of fifty percent (50%) of the HUD Median Income upon sixty (00) days
written notice to the occupants thereof. If, upon recertification, Developer determines that the
maximum allowable household income of'the occupants of a 40% household has increased above
the level of a 50%household,but remains below that of a 60%household,then such Lower Income
Unity may be treated by Developer as a Lower Income Unit available for occupancy by a 60%
household:, and the monthly rent may be increased to not greater than one-twelfth (1112) of thirty
percent(30°/'o)of sixty percent(60%)of the HUD Median Income upon sixty( 0)days written notice
to the occupants thereof. In any such event, the next available Lower Income Unit shall be made
available for occupancy by a 0%household.
2.11.2. If, upon recertification of the maximum allowable household income ;of Lower
Income Tenants of a Lower income Unit, Developer determinesthat the maximum allowable
household income of the occupants of a 50% household has increased above the level of a 50
household(as defined in Section 2.7.2 above)but remains below that of a 60%household;then such
Lower Income Unit may be treated.by Developer as a Lower Income Unit available for occupancy
by a 60% household, and the monthly rent may be increased to not greater than one-twelfth(1/12)
of thirty percent (30%) of sixty percent (60%) of the HUD Median Income upon sixty(00) days
written notice to the occupants thereof. In any such event, the next available Lower Income Unit
shall be made available for occupancy by a 50%household.
2.11.3 If, upon recertification of the maximum allowable household income of Lower
Income Tenants of a Lower Income Unit, Developer determines that the maximum allowable
household income of the occupants of a 40%household, 50%household, or a 60% household has
increased above sixty percent(60%)of HUD Median Income, then such household shall'no longer
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be considered a Lower Income Unit and the rent may be increased to market rates upon thirty'( 0
days written notice to the tenant. In such event, Developer shall rent the next available unit to a
Lower Income Tenant as a Lower Income Unit as appropriate to satisfy the occupancy requirements
of Section 2.5 above.
2.11A If,due to recertification, Lower Income Units become simultaneously available for
occupancy to several different income households, (that is, to a 40% household and a 60%
household, for example), preference shall be given to filling the unit made available to the lowest
income household.
111.5 A Lower Income Unit occupied by a 40% household, a 50%household, or a 60%
household shall be deemed,upon the termination of such houschold's occupancy, to be continuously
occupied by a 40%household,50%household,or a 60%household,respectively,as applicable,until
reoccupied, at which time the character of the unit shall be redetermined.
2.12 Lease ptoyiaims, The form of lease or rental agreement used.by Developer for
the lease or rental of Lower Income Units shall be subject to review and approval by Agency,the
approval of which shall not be reasonably withheld. Developer shall include provisions in leases or
rental agreements for all Lower Income Units which authorize Developer to immediately terminate
the tenancy of any Lower Income Tenant occupying a Lower Income Unit where one or more of such
Lower Income Tenants have misrepresented any fact material to the qualifications of such an
individual or family as a Lower Income Tenant and/or for qualification for occupancy of an
individual Lower Income Unit, Each lease car rental agreement for a Lower Income Unit shall also
provide that the tenants of such Lower Income Unit shall be subject to annual certification or
recertification of income and subject to rental increases in accordance with Section 2.11. Each lease
or rental agreement shall also provide that Developer will not discriminate on the basis of race,
creed,color,sex,national origin, ancestry,religion,marital status,age,disability or receipt of public
assistance or housing assistance in connection with a rental of a dwelling unit in the Project,or in
connection with the employment or application for employment of persons for operation and
management of the Project, and all contracts,applications and leases entered into for such purposes
shall contain similar non-discriminatory clauses to such effect.
2.13 Security Drpuait& Developer shall not require deposits on Lower Income Units
in excess of one-month's rent for such Lower Income Unit, with such rent to be set in accordance
with the provisions of Section 2.8 above.
2-14 11 s,and Rcgmd--& Developer shall provide any
additional information concerning the Lower Income Units reasonably requested by Agency.
Agency shall have the right to examine and make copies of all books, records or other documents
maintained by Developer or by any of Developer's agents which pertain to any Lower Income Unit.
2.15 S_peci&_Enf cementf" *o a ility lac atrioti qn-1
—__ - Developer hereby agrees that
specific enforcement of Developer's agreement to comply with the allowable rent and occupancy
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restrictions of this Article 2 is one of the reasons for the financial contribution of Agency to assist
Developer to rehabilitate the Project and that, in the event of Developer's breach of such
requirements, potential monetary damages to Agency, as well as to prospective Lower Income
Tenants,would be difficult, if not impossible,to evaluate and quantify. Therefore, in addition to any
other relief to which Agency may be entitled as a consequence of the breach hereof, Developer
agrees to the imposition of the remedy of specific performance against it in the case of any event of
default by Developer in complying with the allowable rent, occupancy restrictions or any other
provision of this Article 2.
2.16 Hamdaus,Materials,
2.16.1 Definitions. The following special definitions shall apply for the purposes of this
Section 2.16:
2.16.1a any "hazardous substance" as defined in Section 101(14) of CERCLA (42
U.S.C.
Section 9601(14))or Section 2528 1(d)or 25316 of the California Health and Safety Code at such
time;
2.16.1 b any"hazardous water," "infectious waste," or"hazardous material"as defined
in Section 25117, 25117.5 or 255010) of the California Health and Safety
Code at such time;
2.16.1 c. any other waste, substance or material designated or regulated in any way as
"toxic" or "hazardous" in the RCRA (42 U.S.C. Section 6901 et seq.),
CERCLA Federal Water Pollution Control Act (33 U.S.C. Section 1521 et
seq.), Safe Drinking Water Act(42 U.S.C. Section 3000(f)et seq.),Clean Air
Act (42 U.S.C. Section 7401 et seq), California Health and Safety Code
(Section 3900 et seq.), or California Water Code (Section 1300 et seq.) at
such time; and
2.16.1 d Any additional wastes, substances or material which at such time are
classified, considered or regulated as hazardous or toxic under any other
present or future environmental or other similar laws relating to the Facilities.
2.16.1 e "Hazardous Materials Laws" means all federal, state and local laws,
ordinances, regulations, orders and directives pertaining to Hazardous
Materials, in, on or under the Facilities or any portion thereof
2.16.2 Certain Covenantsand AZpp&MgUts,, Developer hereby agrees that:
2.16.2a Developer shall not knowingly permit the Project or any portion thereof to
be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of
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Hazardous Materials or otherwise knowingly permit the presence of Hazardous Materials in, on or
under the Facilities. For the purposes of this Section 2.16.2a only, the term "Hazardous Materials"
shall not include(a)rehabilitation materials, gardening materials,household products,office supply
products, or janitorial supply products customarily used in the rehabilitation, maintenance, or
management of residential developments or associated buildings and grounds, or typically used in
residential activities, in a manner typical of other residential developments which are comparable
to the Project; or (b) certain substances which may contain chemicals listed by the State of
Califibmia pursuant to Health and Safety Code Section 25249.8 et seq., which substances are
commonly used~^ ~r ^~significant portion of the population ---= withinregion -
including(without limitation) alcoholic beverages, aspirin, tobacco products,and saccharine.
2.16.2b Developer shall keep and maintain Project and each portion thereof in
compliance with,and shall not cause or permit the Project or any portion thereof to be in violation
of,any Hazardous Materials Laws.
.
advise°�Agency-_ __writing--� ,~ any and all enforcement,cleanup,
any other person or entity to comply with any Hazardous Materials Law relating in any way
whatsoever to the handling, treatment, presence, removal, storage, decontamination, cleanup,
transportation or disposal of Hazardous Materials into, on, under or from the Project; (2) the
presence in,on or under the Project of any Hazardous Materials or any releases or discharges of any
Hazardous Materials into,on under or from the Project; or(3) any activity carried on or undertaken
on or off the Project, whether prior or subsequent to the execution of this Agreement, and whether
by Developer or any predecessor in title or any employees, agents, contractors, subcontractors of
Developer or any predecessor in title, or any third persons at any time occupying or present on the
Facilities, in connection with the handling, treatment, removal, storage, decontamination, cleanup,
transport, or disposal of any Hazardous Materials at any time located or present on or under the
Project. The foregoing indemnity shall further apply to any residual contamination on or under the
Project, or affecting any natural resources, and to any contamination of any property or natural
resources arising in connection with the generation, use handling, treatment, storage, transport or
disposal of any such Hazardous Materials, and irrespective of whether any of such activities were
or will be undertaken in accordance with Hazardous Materials Laws. The Section 2.18 shall survive
termination of this Agreement.
2.18 N-o—Linn itation. Developer hereby acknowledges and agrees that Developer's
duties,obligations and liabilities under this Agreement, including without limitation,under Section
2.16 above, are in no way limited or otherwise affected by any information Agency may have
concerning the Project and/or the presence within the Facilities of any Hazardous Materials,whether
Agency obtained such information from Developer or from its own investigation.
2.19 Tr a ilion Period. The parties to this Agreement acknowledge that as of the date
hereof, the Project may be occupied by tenants whose incomes make them ineligible to occupy
dwelling units within the Project according to the restrictions established by this Agreement.
Notwithstanding any provision to the contrary contained herein, the continued occupancy of such
tenants shall not constitute a default hereunder during a transition period,as described in this Section
2.20. In order to provide for a transition with a minimum of disruption to tenants, the parties agree
as follows:
2.19.1 As soon as possible following Developer's rehabilitation of the Project, Developer
will cause to be prepared for Agency a survey of the tenants in Project, categorizing the tenants as
follows: 40% households; 50% households; 60% households; Moderate Income (having a
household income that does not exceed 80%of the area median income, adjusted for family size);
Unrestricted(having a household income in excess of 12(1%of the area median income,adjusted for
family size). For the purposes of this Agreement,any tenant who falls into the category Unrestricted
shall be referred to herein as a "nonconforming tenant."
2.19.2 As soon as possible following the effective date hereof, but not to exceed a period of
ninety (90)days, Developer shall charge rents to the 40% households, 50% households and 60%
households that do not exceed affordable rent restrictions applicable to the respective income levels
of such tenants which are established by provisions of this Article 2.
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2,19-3 As vacancies occur in the dwelling units occupied by nonconforming tenants,
Developer shall rent vacant units only to qualifying Lower Income Tenants, as defined herein, with
first preference going to 40% households until the required number of units are rented or made
available to 40%households, then to 50%households until the required number of units are rented
or made available to 50%households,and then to 60%households until the required number of units
are rented or made available to 60%households, and to median-income households.
2.19.4 Notwithstanding any other provision of this Agreement to the contrary, Developer
shall be under no obligation to evict any nonconforming tenant or cause such nonconforming tenant
to be relocated by virtue of the failure,of such nonconforming tenant to qualify as a Lower Income
Tenant under the provisions of this Agreement.
2.20. _,NlauagmentA en
Z t, Developer shall at all times during the term hereof manage the
Facilities. Developer shall insure that the Facilities at all times shall be operated by an experienced
management agent(the "Management Agent"), reasonably acceptable to Developer and Agency.
Developer and Management Agent shall operate the Facilities in a manner that will provide decent,
safe and sanitary residential facilities to the occupants thereof, and will comply with provisions of
this Agreement,and of any other applicable contract or agreement between Agency and Developer.
2,20.1 Performance Review, Upon the request of Agency,which request shall be in writing,
Developer shall cooperate with Agency in the periodic review of the management practices and
financial status of the Lower Income Units in the Project, but not more frequently than a quarterly
basis. The purpose of each periodic review will be to enable Agency to determine if Lower Income
Units within the Project are being operated and managed in accordance with the requirements and
standards of this Agreement. Results of such review by Agency shall be provided to Developer.
2.20.2 Eel2lac ement of ManagemenLAgge_nt Any contract for the operation and management
of Project entered into by Developer shall provide that the contract can be terminated upon thirty
(30)days written notice. Developer's failure to remove Management Agent in accordance with the
provisions of this Section shall constitute an Event of Default under this Agreement, and Agency
may enforce this provision through legal proceedings as specified herein.
2.21 Insurance Requirements. Developer shall maintain and keep in force, at
Developer's sole cost and expense, the following insurance applicable to the Project:
2.2 1.1 a Comprehensive general liability insurance with limits not less than$1,000,000
for each occurrence, combined single limit for bodily injury and property damage, including
coverages for contractual liability, personal injury, broad form property damage, products and
completed operations.
2.21.1b Comprehensive automobile liability insurance with limits not less than
$500,000 for each occurrence, combined single limit for bodily injury and property damage,
including coverages for owned,non-owned and hired vehicles, as applicable; provided, however,
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that if Developer does not own or lease vehicles for the purposes of this Agreement, then no
automobile'insurance shall be required.
2.2 1.1 c Property insurance covering the Project against all risks of loss for one
hundred percent(100%) of the replacement value, with deductible limits acceptable to Agency, and
with three(3) months rental interruption coverage.
2.2 1.1 d Worker's compensation insurance, fidelity bonds and/or such other insurance
coverage which is ordinarily and customarily maintained on like kind and sized apartment projects
within the City.
2.21.2 General Requirements. The insurance required by this Section 2.21 shall be
provided under an occurrence form, and Developer shall maintain such coverage continuously so
long as this Agreement is in force. Should any of the required insurance provided under a form of
coverage that includes an annual aggregate limit or provides that claims investigation or legal
defense costs be included in such annual aggregate limit, such annual aggregate limit shall be one
and one-half times the occurrence limits specified above.
2.21.3 Additional Insured. Agency shall be named as an additional insured on both the
general liability and extended coverage property insurance covering the Project. Comprehensive
general liability, comprehensive automobile liability and property insurance policies shall also be
endorsed to name as additional insureds the Agency, its Board Members, officers, agents and
employees. All policies and bonds shall be endorsed to provide thirty(30)days prior written notice
to cancellation, reduction in coverage, or intent not to renew to the address established for notices
to Agency pursuant to Section below. All such insurance shall be primary with respect to Agency
and the additional insureds and shall not be contributing to any insurance or self-insurance
maintained by Agency or the additional insureds.
2.21.4 -Certificates fiance. Upon request at any time during the term of this
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Agreement,Developer shall provide certificates of insurance, in form and with insurers reasonably
acceptable to Agency, evidencing compliance with the requirements of this Section.
2.21.5 Adjustment
justment in Levels of Insurance Coverage. If any agreement concerning the
Project (including, but not limited to, deed of trust held by permanent lenders thereon) requires
insurance in amounts in excess of the amount set forth in this Section 2.21, the requirements of
insurance coverage to be maintained on the Project hereunder shall be deemed satisfied by provision
of such greater amounts of insurance providing only that all such insurance policies comply with the
provisions of Section 2.21 above.
ARTICLE 3. TERM AND RECORDATION
3.1 Term of Regulatory Agreement. This Agreement shall remain in full force and
effect for a period of twenty-five years from the date of execution, when it shall automatically
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terminate. Agency and Developer intend that the provisions and effect of this Agreement, and
specifically of Article 2 hereof, shall remain in full force and effect for the entire term hereof.
3.2 Aarcement to Reegrd. Developer shall,within thirty (30)days of execution,
cause this Agreement to be recorded in the real property records of San Bernardino County,
California. Developer shall pay all fees and charges in connection with any such recordation,
3.3 Conditions, Covenants and RestdctiQns. The purpose of this Agreement is to
create such easements, conditions, covenants, restrictions, liens, servitudes, and charges in favor of
Agency upon and subject to which the Project and each and every part and portion thereof shall be
occupied, owned, maintained, held, leased, rented, sold and conveyed. The provisions of this
Agreement shall ran with each and every portion of the Project and shall inure to and pass with each
and every portion thereof and shall apply to and bind any permitted successors in-interest of
Developer. Each of the provisions hereof are imposed upon the Project as mutual and reciprocal
equitable servitudes in favor of each and every other portion of the Project.
ARTICLE 4. DEFAULT; REMEDIES
4.1 AnEvent_cif,Default. Each of the following shall constitute an "Event of Default"
by Developer of this Agreement:
4.1.1 Failure by Developer to duly perform,comply with and observe any of the conditions,
terms,or covenants of any agreement with Agency concerning the Project, or of this Agreement, if
such failure remains uncured thirty (30) days after written notice of such failure from Agency to
Developer in the manner provided herein or, with respect to a default that cannot be cured within
thirty (30) days, if Developer fails to commence such cure within such thirty (3 0) day period or
thereafter fails to diligently and continuously proceed with such cure to completion. However, if a
different period or notice requirement is specified under any other section of this Agreement, then
the specific provision shall control.
4.1.2 Any representation or warranty contained in this Agreement or in any application,
financial statement, certificate, or report submitted by Developer to Agency proves to have been
incorrect in any material respect when made.
4.1.3 A court having jurisdiction shall have made or rendered a decree or order (1)
adjudging Developer to be bankrupt or insolvent; (ii) approving as properly filed a petition seeking
reorganization of Developer or seeking any arrangement on behalf of Developer under the
bankruptcy law or any other applicable debtor's relief law or statute of the United States or of any
state or other j uTisdicti on; (iii) appointing a receiver,trustee, liquidator, or assignee of Developer
in bankruptcy or insolvency or for any of its properties; or (iv) directing the winding up or
liquidation of Developer,providing, however, that any such decree or order described in any of the
foregoing subsections shall have continued unstayed or undischarged for a period of ninety(90)days,
7/99mep 12
4.1.4 Developer shall have assigned its assets for the benefit of its creditors or suffered a
sequestration or attachment or execution on any substantial part of its property,unless the property
so assigned, sequestered, attached, or executed upon shall have been returned or released within
ninety(90)days after such event(unless a lesser time period is permitted for cure hereunder)or prior
to sale pursuant to such sequestration, attachment,or execution. If Developer is diligently working
to obtain a return or release of the property and Agency's interest hereunder is not imminently
threatened in its reasonable business judgement, Agency shall not declare a default under this
subsection.
4.1.5 Developer shall have voluntarily suspended its business or dissolved.
4.1.6 The condemnation, seizure, or appropriation of all, or in the opinion of Agency, a
substantial part of the Project except for condemnation initiated by the City or Agency.
,4.1.7 Should there occur any default declared by any lender under any loan document or
deed of trust relating to any loan made in connection with the Project, which loan is secured by a
deed of trust or other instrument senior to this Agreement.
4.2 M4illtenance, Repair,Alterations Developer shall maintain and preserve the
Project in good condition and repair and in a prudent and businesslike manner. Except upon the
prior written consent of Agency, Developer shall not remove,demolish,or substantially alter any of
the improvements on the Project other than to make repairs of a nonstructural nature in the ordinary
course of business which shall serve to preserve or increase the value of the Project. Developer shall
complete promptly and in a good workmanlike manner any improvements which may now or
hereinafter be constructed on. the Facilities and promptly restore in like manner any improvement
which may be damaged or destroyed thereon from any cause whatsoever and pay when due all claims
for labor performed and material furnished therefor. Developer shall comply with all laws,
ordinances, rules,regulations, covenants,conditions, restrictions, and orders of any governmental
authority now or hereafter affecting the conduct or operation of the Project and of Developer's
business on Project or any part thereof or requiring any alteration or improvement to be made
thereon. Developer shall not commit, suffer or pen-nit any act to be done in, upon or to the Project
or any part thereof in violation of any such laws,ordinances,rules,regulations,or orders, Developer
shall not commit or permit any waster or deterioration of the Project and shall keep and maintain
abutting grounds,sidewalks,roads,parking,and landscaped areas in good and neat order and repair.
Developer shall not take, or fail to take, any action which if taken, or not so taken, would increase
in any way the risk of fire or other hazard occurring to or affecting the Project. Developer shall do
any and all other acts which may be reasonably necessary to preserve or protect the value of the
Project. Developer hereby agrees that Agency may conduct from time to time through
representatives,upon reasonable notice,on-site inspections and observation of (1) the maintenance
and repair of the Project, including a review of all maintenance and repair programs and practices
and all reports and records pertaining thereto, including records of expenditures relating thereto; and
(ii) such other facilities, practices,and records of Developer relating to the Lower Income Units of
the Project as Agency reasonable deems to be necessary or appropriate in order to monitor
7/ meta 13
Developer's compliance with the provisions of this Agreement.
4.3 Lim& Developer shall pay and promptly discharge when due;at Developer's cost and
expense,all liens;encumbrances and`charges upon the Project,or any part thereof or interest therein;
which are senior to the lien_of this Agreement, provided that the existence of any mechanic's
laborer's, materialman's,supplier's,or vendor's lien or right thereto shall not constitute a violation
of this Section if payment is not yet due under the contract which is the foundation thereof and if
such a contract does not:postpone payment for more than forty-five(4 days after the perfo ante
thereof; Developer shall have the right to contest in good faith the validity of any such hien,
encumbrance or charge; provided that within ten(1 0) days after service of a stop notice or ninety
(90) days after recording of a mechanic's lien, Developer shall post and/or record a bond or other
security reasonably satisfactory, but no more than the amount required to release the lien under
California;law,and provided further that Developer shallthereafter diligently proceed to cause such
lien,encumbrance or charge to be removed and discharged. If Developer shall fail either to remove
and discharge any such lien, encumbrance or charge or to bond against;or deposit security in
accordance with the preceding sentence, if applicable,then., in addition to any other right or remedy
of Agency, it may, but shall not be obligated to discharge the same, without inquiring into the
validity of such lien,encumbrance or charge nor into the existence of any defense or offset thereto,
either by paying the amount claimed to be due, or by procuring the discharge of such lien;
encumbrance or charge by depositing in a court a bond or the amount or otherwise giving security
for such claim, in such manner as is or may be prescribed by law. Developer shall, immediately
upon demand therefor by Agency paying or releasing such lien,pay to,Agency an amount equal to
all costs and expenses incurred in connection with the exercise by Agency of the foregoing right to
dischargeanysuch lien, encumbrance or charge.
4.4 Assigningnt Qf Re-nis.-Issues, Profits, Subject to any assignment of rent in a
an instrument senior to this Agreement,or to which this.Agreement may be subordinated,Developer'
hereby assigns and transfers absolutely to Agency all of the rents from the Lower Income Units of
the Project and hereby gives to and confers upon Agency the right, power and authority to collect
such rents at such times and upon the occurrence of such events as provided herein. Developer
irrevocably appoints Agency,its true and lawful attorney-in-fact, at any time and from time to time,
to demand,receive and enforce payment, to give receipts,releases and satisfactions,and to sue; in,
its name or in the name of Developer, for all such rents, and apply the same to the obligations
secured hereby; provided,however,that Developer shall have the right to collect such rents(but no
more than one month in advance unless the written approval has first been obtained), and to retain
d enjoy the same, so long as an Event of Default shall not have occurred hereunder and be
continuing The assignment of rents in this Article 4 is intended to be an absolute assignment from
Developer to Agency and not merely the passing of a security interest. The foregoing power of
attorney is coupled with an interest and cannot be revoked.
4.5 Collection UMon 12gLatJ11:; Upon the occurrence of an went of Default hereunder,
Agency may,at any time; with notice,either in person,by agent or by receiver appointed by a court,
d without regard to the adequacy of its security,enter upon and take`possession of the Project,or
7/99m 14
any part thereof, and,with or without taking possession of the Project or any part thereof, in its own
name sue for or otherwise collect such rents, including those past due and unpaid,and all prepaid
rents and all other monies which may have been or may hereafter be deposited with Developer by
any lessee or tenant of Developer to secure the payment of any rent or for any services thereafter to
be rendered by Developer or any other obligation of any tenant to Developer arising under any lease
or rental agreement. Developer agrees that, upon the occurrence of any Event of Default hereunder,
Developer shall promptly deliver all such rents and other monies to Agency,and Agency may apply
the same, less reasonable costs and expenses of operation and collection, including, without
limitation, attorney's fees (subject to California Civil code Section 1717), whether or not suit is
brought or prosecuted to judgement,upon any indebtedness or obligation.of Developer arising under
this Agreement,and is such order as they may determine, notwithstanding that said indebtedness or
the performance of said obligation may not then be due. The collection.of such rents,or the entering
upon or taking possession of the Project, or the application thereof as aforesaid, shall not cure or
waive any default or notice of default hereunder or invalidate any act done in response to such
default or pursuant to such notice of default or be deemed construed to make the Agency a
mortgagee-in-possession of the Project or any portion thereof.
4.6 lie fin Qf Funds,After Default., Except as otherwise herein provided,upon the
occurrence and during the continuation of an Event of Default hereunder, Agency may, at any time
without notice, apply any or all sums or amounts received and held by Agency to pay insurance
premiums, impositions,or either of them, and all other sums or amounts received by Agency from
or on account of Developer, may be applied by Agency toward payment of any indebtedness or
obligation of the Developer arising under this Agreement, in such manner and order as Agency may
elect,notwithstanding that said indebtedness or the performance of said obligation may not yet be
due. The receipt, use or application of any such sum or amount shall not be construed to affect or
cure any Developer Event of Default hereunder,or to cure or waive any default or notice of default
hereunder,or to invalidate any act of Agency.
4.7 Costs ofn orcement If any Event of Default occurs, Agency may employ
an attorney or attorneys to protect its right hereunder. Subject to California Civil Code Section 1717,
Developer promises to pay to Agency,on demand, the fees and expenses of such attorneys and all
other costs of enforcing the obligations secured hereby including without limitation,recording fees,
receiver's fees and expenses,and all other expenses of whatever kind or nature, incurred by Agency
in connection with the enforcement of the obligations secured hereby, whether or not such
enforcement includes the filing of a lawsuit.
4.8 Rkmedies Not Exclusive. Agency shall be entitled to enforce payment and
performance of any indebtedness or obligation of Developer arising under this Agreement and to
exercise all rights and powers under this Agreement or any law now or hereafter in force,
notwithstanding some or all of the said indebtedness and obligations secured hereby may now or
hereafter be othenvise secured, whether by guaranty, mortgage, deed of trust, pledge, lien,
assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement by court
action shall prejudice or in any manner affect Agency's rights to realize upon or enforce any other
T/99mep 15
security now or hereafter held by Agency, it begin agreed that Agency shall be entitled to enforce
this Agreement any other security now or hereafter held in such order and manner as it may in their
absolute discretion determine. No remedy herein conferred upon or reserved to Agency is intended
to be exclusive of any other remedy herein or by law provided or permitted, but each shall be
cumulative and shall be in addition to every other remedy given by this Agreement to Agency may
be exercised, concurrently or independently, from time to time and as often as may be deemed
expedient by Agency, and Agency may pursue inconsistent remedies.
4.9 Specific T—e—rfomance. Agency shall have the tight to mandamus or other suit,
action or proceeding at law or in equity to require Developer to perform their obligations and
covenants under this Agreement or to enjoin acts which may be unlawful or in violation of the
provisions hereof.
4.10 Action n at Law: NoRemedy Exclusive. Agency may take whatever tion at law
_ ac
or in equity as may be necessary or desirable to enforce performance and observance of any
obligation,agreement or covenant of Developer under this Agreement. No remedy herein conferred
upon or reserved by Agency is intended to be exclusive of any other available remedy or remedies,
but each and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law, in equity or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver of such right or power, but any such right or power may
be exercised from time to time and as often as Agency may deem expedient. In order to entitle
Agency to exercise any remedy reserved to it in this Agreement,it shall not be necessary to give any
notice,other than such notice as may herein expressly required or required by law to be given.
ARTICLE 5. GENERAL PROVISIONS
5.1 Limitations on Regoig-sg, Notwithstanding anything to the contrary contained in
this Agreement, (1) Developer shall not have, and no officer or director of Developer (each, a
"Developer Affiliate") shall have any direct, indirect or derivative personal liability for the
obligations of Developer under this Agreement, and (ii) Agency shall not exercise any rights or
institute any action against Developer or any Developer Affiliate directly, indirectly or indirectly for
the payment of any sum of money that is or may become payable hereunder. Nothing contained
herein shall be deemed to impair any security interest held by Agency in the Project or to preclude
Agency from foreclosing thereon or realizing upon any security encumbered hereby upon a default.
5.2 Notice, All notices (other than telephone notices), certificates or other
communications required or permitted hereunder shall be sufficiently given and should be deemed
given when personally delivered or when sent by telegram, or when sent by facsimile transmission
(if properly confirmed in writing), or forty-eight (48) hours following mailing by registered or
certified mail,postage prepaid, or twenty-four(24)hours following transmission of such notice by
express mail, Federal Express or similar carriers, addressed as follows:
T99mep 16
Agency: Redevelopment Agency
of the City of Redlands
P.O. Box 300
Redlands, California 92373
Developer Mountain "View Acres
1 N. Tennessee Street
Redlands, California 92373
5.3 Relationship of Parties. Nothingcontained in this Agreement shall be
interpreted or understood by any of the parties,or by any third persons, as creating the relationship
of employer and employee, principal and agent, limited or general partnership, or joint venture
between Agency and Developer orDeveloper's agents, employees or contractors, and Developer
shall at all times be deemed an independent contractor and shall be wholly responsible for the
manner in which it or its agents, or both, perform the services required of it by the terms of this
Agreement for the operation of the project, Developer has and hereby retains the right to exercise
full control of employment, direction, compensation and discharge of all persons assisting in the
performance of services hereunder. In regards to the on-site operation of the Project, Developer
shall be solely responsible for all matters relating to payment of its employees,including compliance
with Social Security, withholding and all other laws and regulations governing such matters.
Developer agrees to be solely responsible for its own acts and those of its agents and employees..
5.4 olairn Nothing contained in this Agreement shall create or justify any claim
against .Agency by any person Developer may have employed or with whom Developer may have
contracted relative to the purchase of materials, supplies or equipment, or the;furnishing or the
performance of any work or services with respect to the Project.
5.5 Con ict of Interests No member, official or employee of Agency shall mare any
decision relating to this Agreement which affects his or her personal interest or the interest of any
corporation, partnership or association in which he or she is directly or indirectly interested.
5.6 Non- i ` i of Agg-Licy Qffigials. Employees. and Agent., No member, official,
employee or agent of Agency shall be personally liable to Developer,or any successor in interest,
in the event of any default or breach by Agency or for any amount which may become due to
Developer or successor or on any obligation under the terms of this Agreement.
5.7 Titl of Parts and c tions Any titles of the parts, sections or subsections o this
Agreement are inserted for convenience of reference only and shall be disregarded in construing or
interpreting any part of its provisions.
5.8 Mold Uamless. Except as such claims may arise from gross negligence or
willful misconduct by Agency, if any person or entity perforating work for Developer on the Project
shall assert any claire against Agency on account of any damage alleged to have been caused by
71 9 ep 17
reason of acts of negligence of Developer, Developer shal I defend at its own, expense any suit based
upon such claim; and if any judgement or clairnq against Agency shall be allowed, Developer shall
pay or satisfy such judgement or claim and pay all costs and expenses in connection therewith.
Nothing herein stated shall be interpreted as a prohibition against Developer seeking indemnification
(either contractually or as a matter of law) from any third person or entity. In addition, Developer
shall defend Agency(with counsel reasonably satisfactory to Agency)against any claims or litigation
of any nature whatsoever brought by third parties and directly or indirectly arising from Developer's
performance of its obligations under this Agreement, and in the event of settlement, compromise or
judgment hold Agency free and harmless therefrom.
5.9 Rights and Remedies Cumulative. Except as otherwise expressly stated in this
Agreement, the rights and remedies of the parties are cumulative, and the exercise or failure to
exercise one or more of such rights or remedies by either party shall not preclude the exercise by it,
at the same time or diffierent times, of any right or remedy for the same default or any other default
by the other party. No waiver of any default or breach by Developer hereunder shall be implied
from any omission by Agency to take action on account of such default if such default persists or is
repeated,and no express waiver shall affect any default other than the default specified in the waiver,
and such waiver shall be operative only for the time and to the extent therein stated. Waivers of any
covenant, term,or condition contained herein shall not be construed as a waiver of any subsequent
breach of the same covenant,term or condition. The consent or approval by Agency to or of any act
by Developer requiring further consent to approval shall not be deemed to waive or render
unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right,
power,or remedy shall in no event constitute a cure or a waiver of any default under this Agreement,
nor shall it invalidate any act done pursuant to notice of default,or prejudice Agency in the exercise
of any right, power, or remedy hereunder or under and agreements ancillary to or elated hereto.
5.10 Applicgble Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
5.11 Severability. If any term,provision,covenant or condition of this Agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
shall continue in full force and effect unless the rights and obligations of the parties have been
materially altered or abridged by such invalidation, voiding or unenforceability.
5.12 Ley-al Actions. In the event any action is commenced to enforce or interpret
the terms or conditions of this Agreement or to collect damages as a result of any breach hereof, the
party prevailing in any such action shall be entitled to recover against the party not prevailing all
reasonable attorney's fees and costs incurred in such action (including all legal fees incurred in any
appeal or in any action to enforce any resulting judgment).
5.13 Binding UV!Qn Successors, This Agreement shall be binding upon and inure to the
benefit of the heirs, administrators, executors, successors in interest and assigns of each of the
parties, except that there shall be no transfer of the project by Developer without the prior written
7/99mep 18
consent of Agency. Any reference in this Agreement to a specifically named party shall be deemed
to apply to any successor, heir, administrator,executor or assign of such party who has acquired an
interest in compliance with the terms hereof or under law.
5.14 Time of the Esamm In al matters under this Agreement, time is of the essence.
5,15 Ap"o—val by Agency. Any approvals required under this Agreement shall not be
unreasonably withheld or made, except where it is specifically provided that another standard
applies, in which case the specified standard shall apply.
5.15.1 Except as otherwise provided in this Agreement, whenever this Agreement calls for
approval by Agency of a proposed document to be submitted by Developer, Agency shall notify
Developer of approval or disapproval within five (5) business days after receipt of the proposed
document, and failure to respond within said five (5) business day period shall not disapprove a
proposed document without giving specific reasons for its disapproval.
5.16 Completg JLnAentMdin g,!2f ft Parties. This Agreement may be executed in
multiple originals, each of which shall be deemed to be an original. This Agreement constitutes the
entire understanding and agreement of the parties with respect to the matters described herein.
5.17 Burden and B_en
sfit. Agency and Developer do hereby declare their understanding
and intent of the burden of the covenants set forth herein touching and concerning the Project,in that
Developer's legal interest in the Project is rendered less valuable thereby. Agency and Developer
hereby declare their understanding and intent that the covenants, reservations and restrictions set
forth herein directly benefit the land (i) by enhancing and increasing the enjoyment and use of the
Project by certain Lower Income Tenants; and (ii) by making possible the obtaining of
advantageous financing for the Project.
WHEREFORE, the parties have executed this Agreement as of the date first-above written.
REDEVELOPMENT r1N
AGENCY:
Wi'Ma'r; 1z. Cunni?rgham,_'vJu-airman
Czar u2eb bee r�s, Executive Dir.
+1
ATTEST:i
Lorrie oyzer, Clerk
DEVELOPER:
/Name, Title Kenneth E. FeenstA, Vice President
Mountain View Acres
7/99mep 19
ALL-PURPOSE ACKNOWLEDGMENT`
STATE OF CALIFORNIA }
COUNTY OF SAID BERNARDINO SS
CITY OF REDLANDS }
By the authority granted under Chapter 4, Article 3, Section 1151, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 20, 1999,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared William E. Cunningham, Gary M. Luebbers,
and Lorrie Poyzer { Xj personally known to me - or - I I proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities and that by thein
signatures on the instrument the persons, or the entity upon behalf of which the persons acted,
executed the instrument,
FITNESS my hand and official seal.
NN 0 ,...;. ..., LQRRIE POYZER, :-ITY CLERK
1888. 1 * ::-, 4 1 �� 2�>
' . Beatrice Sanchez, Deputy City Clerk
V01� (909)79$-7531
lxt�14tt5
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/t em elve
Corporate Officer(s)-
Title(s)
Company
{ Partner(s)
Partnership
{
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
{ x,} Other
Title(s):- Chairman, Executive Director and Secretary
Entity Represented: Redevelopment Agency of the City of Redlands
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW.-
Title
ELOW:'T`itle or Type of Document: regulatory Agreement and. Declaration of Restrictive Covenants
Date of Document: July 20, 1999`
Signer(s) Other Than Named Above: Kenneth E. Feenstra
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNART INO SS
CITY OF REDLANDS
By the authority ;granted under Chapter 4, Article 3, Section 1151, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on,
, before me, Beatrice Sanchez, Deputy City Cleric, on behalf of Lorrie
Poyz r, City Clerk of the City of Redlands, California, personally appeared Kenneth E. Feenstra
{ I personally known to me or {x I 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.
WITNESS my hand and official seal.
ytlr,,,. ,�..}� , ,� LGRRIE POY ER CITE CLERK:
ON
}. 18 38 * ..
. _,,,,,,, ` $eatrice Sanchez, Deputy City Cler
( 09)798-7531
��trrttratt+
CAPACITY CLAIMER BY SIGNERS);
} Individual(s) signing for oneself/themselves
x ' Corporate Officer(s)
Title(s) 'dice President
Company Mountain. View Acres
{ Partner(s)
Partnership
Attorney-In- "act
Principal(s)
Trustee(s)
Trust
Other
Title(s)
Entity Represented.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Regulatory Agreement and Declaration of Restrictive Covenant
Date of Document: July 20, 199
Signer(s) Other 'Than Famed Above; William E. Cunningham, Cary Luebbers and Lorrie Poyzer
EXHIBIT "A"
LEGAL DESCRIPTION
CITY OF REDLANDS ANNEXATION
,ALL THAT PORTION OF BLOCK 77 RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOCK 7 OF MAPS,
PAGE 2, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS
1; BEGINNING:AT THE CENTERLINE INTERSECTION OF WABASH AVENUE AND FIFTH
AVENUE AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 102, PAGES 3
THROUGH 9, INCLUSIVE, OF RECORDS OF SURVEY AND AMENDED BY RECORD OF
SURVEY RECORDED IN BOOK 106, PAGES 97 THROUGH 103, INCLUSIVE, OF
RECORDS OF SURVEY, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING
ON THE EXISTING CITY LIMIT LINE,THENCE.ALONG THE EXISTING CITY LIMIT LINE
NORTH 06"15'29"WEST"1265.90 FEET TO ITS INTERSECTION WITH THE CENTERLINE
OF HIGHLAND AVENUE AS SHOWN ON SAID RECORD OF SURVEY;
2 THENCE LEAVING SAID EXISTING CITY LIMIT LINE SOUTH 89048'55" BAST 698.59
FEET ALONG SAID CENTERLINE OF HIGHLAND A'V'ENUE TO ITS INTERSECTION WITH
THE EAST LINE OF THE WEST CINE-HALF OF THE SOUTH ONE HALF OF LOT 6 OF
BLOCK 77 OF SAID RANCHO SAN BERNARDINO
3. THENCE SOUTH 00014'52" EAST 1270.82 FEET ALONG SAID EAST LINE TO ITS
INTERSECTION WITH THE CENTERLINE OF SAID FIFTH AVENUE;
4. THENCE NORTH 9°24"4?"WEST 698.42 FEET ALONG THE CENTERLINE OF SAID
FIFTH AVENUE.TO THE POINT OF BEGINNING, AND CONTAINING 20.34 ACRES, MORE
OR LESS.
PREPARED BY:
ES ICKS, R,C..E. 23362 S k
z°
NO 2336
`t E-R D11 31,2001 r
EXHIBIT "A,1«
Revised '_
EXHIBIT B
CERTIFICATION OF TENANT ELIGIBILITY
NOTE TCS'DEV ELOPER: This form is designed to assist you in computing Annual Income in
accordance with the method set forth in the Department of Housing and Urban Development ("HUD")
Regulations(24 CFR 813). You should make certain that this form is at all times up-to-date with the HUD
Regulations.
Re: [Address of Apartment Building]
I; Calculation of eligible income:
(a) Enter amount entered for entire household in 6 above: $
(b) (1) If answer to 7(c)above is yes,enter the total amount entered in 7(d)(1),subtract from
that figure the amount entered in 7(d)(2) and enter the remaining balance
(2) Multiply the amount entered in 7(c) times the current passbook savings rate to
determine what the total annual earnings on the amount in 7(c)would be if invested
in passbook savings($ -- ),subtract from that figure the amount entered
in 7(d)(2)and enter the remaining balance($
(3) Enter at right the greater of the amount calculated under (1) or (2) above:
$
(c) TOTAL ELIGIBLE INCOME
(Line I(a) plus l(b)(3): $
2. The amount entered in I(c):
Qualifies the applicant(s)as a Lower-Income Tenant(s),
Does not qualify the applicant(s)as Lower-Income Tenant(s).
3. Number of apartment unit assigned:
Bedroom Size: Rent: $
4. This apartment unit[was/was not]last occupied for a period of 31 consecutive days by persons whose
aggregate anticipated annual income,as certified in the above manner upon their initial occupancy of
the apartment unit,qualified them as Lower-Income Tenants.
5. Method used to verify applicant(s) income:
Employer income verification.
Copies of tax returns.
Other
Owner/Manager Date
I/We, the undersigned state that (Ave have read and answered fully, frankly and personally each of the
following questions for all persons who are to occupy the unit being applied for in the above apartment project.
Listed below are the names of all persons who intend to reside in the unit:
1. 2, 3. 4.
Names of Relationship to
Members of Head of Social Security Place of
Household Household Age Number Employment
HEAD
SPOUSE
Income Computation
6. The total anticipated income,calculated in accordance with the provisions of this Section6, of all
persons over the age of 18 years listed above for the 12-month period beginning the date that I/we plan
to move into a unit is $-.
Included in the total anticipated income listed above are:
(a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other
compensation for personal services,before payroll deductions;
(b) the net income from the operation of a business or profession or from the rental of real
orpersonal property(without deducting expenditures for business expansion or amortization
of capital indebtedness or any allowances for depreciation of capital assets);
(c) interest and dividends(including income from assets excluded below);
(d) the full amount of periodic payments received from social security; annuities, insurance
policies,retirement funds, pensions, disability Or death benefits and other similar types of
period receipts,including any lump sum payment for the delayed start of a periodic payment;
(e) payments in lieu of earnings,such as unemployment and disability compensation,workmen's
compensation and severance pay;
(f) the maximum amount of public assistance available to the above persons other than the
amount of any assistance specifically designated for shelter and utilities;
(g) periodic and determinable allowances, such as alimony and child support payments and
regular contributions and gifts received from persons not residing in the dwelling;
(h) all regular pay,special pay and allowances of a member of the Armed Forces (whether or not
living in the dwelling)who is the head of the household or spouse; and
0) any earned income tax credit to the extent that it exceeds income tax liability.
Excluded from such anticipated income are;
(a) casual, sporadic or irregular gifts;
(b) amounts which are specifically for or in reimbursement of medical expenses;
(c) lump sum additions to family assets, such as inheritances, insurance payments(including
payments under health and accident insurance and workmen's compensation), capital wins
and settlement for personal or property losses;
(d) amounts of educational scholarship paid:directly to the student of the educational institution,
and amounts paid by the government to a veteran for use in meeting the casts of tuition,fees,
book and equipment. Any amounts of such scholarships, or payments to veterans not used
for the above purposes,;are to be included in income;
(e) special pay to household member who is away from home and exposed to hostile fire;
(f) relocationpayments under Title I I of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970;
(g) foster child care payments;
(h) the value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of
1977;
(i) payments to volunteers under the Domestic Volunteer Service Act of 1973;
)' payments received under the Alaska Native Claims Settlement Act;
(k) income derived from certain submarginal land of the United States that is held in trust for
certain Indian tribes;
(1) payments or allowances made under the Department of Health and Human Services' Low-
Income Home Energy Assistance Program;
(m) payments received from the.Iola Training Partnership Act;
(n) income derived from the disposition of funds of the Grant Riber Band of Ottawa Indians;and
(o) the first$2,000 of per capita shares received from judgement funds awarded by the Indian
Claims Commission or the Court of Claims.
7: Do the persons whose income or contribution are included in item o above:
(a) have savings, stocks, bands, equity in real property or other form of capital investment
(excluding the values of necessary items of personal property such as furniture and
automobiles and interests in Indian trust land)"? 'Yes No; or
(b) have they disposed of any assets(other than at a foreclosure;or bankruptcy sale)during the
last two years at less than fair market value? 'Yes No
(c) If the answer to(a)or(b)above is yes,does the combined total value of all such assets owned
or disposed of by all such persons total more than $ ,000? Yes No
(d) If the answer to(c) is yes, state:`
the amount of income expected to be derived from such assets in the
12-month period beginning on the date of initial occupancy in the unit that
you propose to rent: $ ; and
the amount of such income, if any, that was included in item 6 above:
& Are all of the individuals who propose to reside in the unit full-time students*9 —Yes—No
*A full-time student is an individual enrolled as a full-time student during each of five calendar
months during the calendar year in which occupancy of the unit begins at an educational organization which
normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students
in attendance and is not an individual pursuing a full-time course of institutional or farm training under the
supervision of an accredited agent of such an educational organization or of a state or political subdivision
thereof.
If the answer to 8(a)is yes,is at least one of the proposed occupants of the unit a husband and wife entitled
to file a joint federal income tax return? Yes No
9. Neither myself nor any other occupant of the unit I/we propose to rent is the owner of the rental
housing project in which the unit is located(hereinafterthe"Owner"),has any family relationship to the Owner
or owns,directly or indirectly,any interest in the ownership. For purposes of this section, indirect ownership
by an individual shall mean ownership by a family member,ownership by a corporation, partnership,estate
or trust in proportion to the ownership or beneficial interest in such corporation,partnership,estate or trust held
by the individual or a family member,and ownership,direct or indirect; by a partner of the individual.
10. This certificate is made with the knowledge that it will be relied upon by the Owner to determine
maximum income for eligibility to occupy the unit and I/we declare that all information set forth herein is true,
correct and complete and,based upon information I/we deem reliable and tbatthe statement of total anticipated
income contained in Section 6 is reasonable and based upon such investigation as the undersigned deemed
necessary.
IL I/we will assistthe Owner in obtaining any information or documents required to verify the statements
made herein,including either an income verification from /our present employer(s)or copies of federal tax
returns for the immediately preceding calendar year.
12. I/we acknowledge that I/we have been advised that the making of any misrepresentation or
misstatement in this declaration will constitute a material breach of my/our agreement with the Ownerto lease
the units and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an
action for eviction or other appropriate proceedings,
13. Housing Issuer Statistical Information(Optional will be used for reporting purposes only):
Marital Status:
Dace Bead of Household):
White Asian Hispanic
African-American Native American Other
Physical Disability `des No
I/we declare under penalty of perjury that the foregoing is true and correct.
Executed this day of 19 in the City of Redlands, County;of Sari Bernardino,
California.
Applicant Applicant
[Signature of all persons,over the age of 18 years listed in number 2 above required;]
FOR COMPLETION BY APARTMENT OWNER ONLY:
INCOME VERIFICATION
(For Employed Persons)
The undersigned employee has applied for a rental unit located in a project financed in part by the
Redevelopment Agency of the City of Redlands for persons of low and moderate income. Every income
statement of a prospective tenant must be stringently verified. Please indicate below the employee's current
annual income from wages,overtime, bonuses,commissions or any other form of compensation received on
a regular basis.
Annual wages: $ Overtime,
Bonuses: $ Commissions: $
Total current income: $
1 hereby certify that the statements above are true and complete to the best of my knowledge.
Signature Title Date
I hereby grant you permission to disclose my income to in order that they
may determine my income eligibility for rental of an apartment at
Signature Date
Please send to:
INCOME VERIFICATION
(For Self-Employed Persons)
I hereby attach copies of my individual federal and state income tax returns for the immediately
preceding calendar year and certify that the information shown in such income tax returns is true and complete
to the best of my knowledge.
Signature Date
EXHIBIT C
CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
FOR THE [MONTH/Q" ARTER] ENDING
The undersigned,_ as the authorized representative of (the
"Owner"),has read and is thoroughly familiar with the provisions of the various documents associated with
financial assistance provided to the Owner by the Redevelopment Agency of the City of Redlands (the
"Agency"),such documents including the Regulatory Agreement and Declaration of Restrictive Covenants,
dated as of 19—, between the Owner and the Agency.
As of the date of this Certificate,the following percentages of completed residential units in the Project
(i)are occupied by Lower Income Tenants(as such term is defined in the Regulatory Agreement)or(ii)are
currently vacant and being held available for such occupancy and have been so held continuously since the
date'a Lower Income Tenant vacated such unit, as indicated:
Occupied by Low or Moderate Income Tenants
YES NO
Held vacant for occupancy continuously since last
occupied by Low or Moderate Income Tenant
YES NO
Vacant Units #
[Lower Income Tenants] who commenced Name:
occupancy of units during the preceding Month/Quarter,
[month/quarter] Name:
Month/Quarter:
Percent %
Unit Nos. #
Percent %
Unit Nos. #
Percent %
Unit Nos. #
This form may be amended from time to time by the Redevelopment Agency of the City of
Redlands.
Attached is 4 separate sheet (the"Occupancy Summary")listing,among other items,the following information
for each apartment unit in the Project: the number of each apartment unit,the occupants of each unit, the
rental paid for each unit and the size and number of bedrooms of each unit, It also indicates which units are
occupied by Lower Income Tenants and which units became Lower Income Units during the preceding
[month/quarter]and of the Owner's performance under the Regulatory Agreement has been made under the
supervision of the undersigned; and(2)to the best of the knowledge of the undersigned,based on the review
described in clause(1)hereof,the Owner is not in default under any of the terms and provisions of the above
documents for describe the nature of any default in detail and set forth the measures being taken to remedy
such default].
By: Date:
[to be used with Exhibit C]
DESIGNATION OF LOWER INCOME UNITS
The following dwelling units are hereby designated as Lower Income Units:
UNIT#'s
Numb
Number of Total Units in the Project:
Total Units occupied to date:
Total Units occupied by
Lower Income Tenants:
Total Units available for rent
to Lower Income Tenants:
Certifications of Tenant Eligibility are attached hereto for all new Lower Income Tenants who have
moved into such multifamily project since the filing of the last Designation of Lower Income Units. The same
are true and correct to the best of the undersigned's knowledge and belief.
By: - Date:
C"ouncilinember Banda and carried with Councailmermer Gilbreath voting C
as she felt it was not an appropriate action at this time.
Fera Lodgg Pro ect - The house to the east of the American Baptist Ulomes of
the West project on Redlands s Boulevard and Fenn Avenue is to be sold at
appraised value with the proceeds to be transmitted to the City or to be deeded
to the City; Mayor Cunninghammoved to let A HOW dispose of the property
and transmit the proceeds to us as this would be trnore advantageous for the City.
Motion seconded by Cdunciln ember Lunda and carried unani(nously.;
JOINT NIEETI G .. CITY COUNCIL AND REDEVELOPMENT AQENCY
Resolution .No. 5665 _ "keat l ei hbo bunds Pro rarn- Coun ilrmember Banda
moved to adopt Resolution No. 56615, a resolution of the City Council of the
City of Redlands authorizing the use of low- and moderate-income housing,
funds outside the Redlands Project Area for the 'great Neighborhoods Program
to implement an additional sial participant agreements which will be acted upon
by the Board of Directors of the € edev lopment Agency. Motion seconded by
Couracilinernber Freedman and carried unanimously. Maps, requested. by
Councilmember Banda; showing the location of the Great Neighborhoods
Program and First Time Homebuyers recipients were distributed prior to the
evening session. (.Also see Redevelopment Agency minutes dated. July 2 ,
1999')
Resolution No. 5635 - Mountain View Acres Proiect - Couneilmember Banda
moved to adopt Resolution No. 5635, a resolution of the City Council of the
City of Redlands authorizing the use of low- and moderate-incoming housing
fiends outside the Redlands Project Area for an allocation of$600,000.00 in set-
aside funds from the Developer Assistance category for the construction of the
Mountain View ,Acres Project. Motion secondedby Councilmember Freedman_
and carried unanimously, This is a senior housing complex consisting of 30
bungalows, 4 independent living units, 102 assisted living units, and a 24-bed
Alzheimer facility. (Also see 'Redevelopment Agency minutes dated July 20
1999.)
CLOSEDSESSION
The City Council meeting recessed at 4:01 P.M. to continue the Redevelopment
Agency n-ecting and reconvened at;4:06 P.M. to a closed session to bold a
conference with its legal counsel as follows.
1. Existing litigation - Government Code Section 54956.9(a) - Redlands Joint
Venture LLC v. City of Redlands and Timberlake - SCV 54994
The meeting reconvened at 7:00 P.M
July 20, 199
Page
MINUTES of a regular meeting of the Board of Directors of the Redevelopment Agency of
the City of Redlands held in the City Council Chambers, Civic Center, 35 Cajon
Street, at 4-01 P.M. on July 20, 1999.
PRESENT William E. Cunningham, Chairman
Geni A. S. Banda, Vice Chairman
Pat Gilbreath, Member
John L. Freedman, Member
Gary George, Member
Gary M. Luebbers, Executive Director
Daniel J. McHugh, Agency Attorney
Lorrie Poyzer, Agency Secretary
ABSENT None
The minutes of the adjourned regular meeting of June 29, 1999, and the
regular meeting of July 6, 1999, were unanimously approved as submitted on
motion of Mrs. Banda, seconded by Mr, Freedman.
NEV BUSINESS
Resolution No. 292 - Great Neiahborhoods Pro ram - Mrs, Banda moved to
adopt Resolution No. 292, a resolution of the Board of Directors of the
Redevelopment Agency of the City of Redlands authorizing the use of low- and
moderate-income housing funds outside the Redlands Project Area, and
approved participation agreements with Josephine L. Ramos, 423 West Sun
Avenue; Kirk E. and Leslie A. Udvardi, 1107 East Pennsylvania Avenue;
John P. and Maureen Bergquist, 1304 Campus Avenue, Jeffrey A. Lerner,
1229 West Olive Avenue; Frederick D. and Edith M. Herring, 1310 Texas
Street; and Rachel M. Riscen, 455 Judson Street, Space 16A. Motion
seconded by Mr. Freedman and carried unanimously. Maps, requested by
Councilmember Banda, showing the location of the Great Neighborhoods
Program and First Time Homebuyers recipients were distributed prior to the
City Council meeting reconvening at 7:00 P.M. (Also see City Council minutes
for July 20, 1999.)
Resolution No. 286 - Mountain View Actgj lPro' ct - Mrs. Banda moved to e
adopt Resolution No. 286, a resolution of the Board of Directors of the
Redevelopment Agency of the City of Redlands authorizing the use of low- and
moderate-income housing funds outside the Redlands Project Area, and to
approve the request from Mountain View Acres for an allocation of
$600,000.00 in set-aside funds from the Developer Assistance category for the
construction of the Mountain View Acres Project. Motion seconded by
Mr. Freedman and carried unanimously, This is a senior housing complex
consisting of 30 bungalows, 84 independent living units, 102 assisted living
units, and a 24-bed Alzheimer facility. (Also see City Council minutes for
July 20, 1999.)
Redevelopment Agency
July 2 , "1999
Page 1