HomeMy WebLinkAboutContracts & Agreements_195-2010_CCv0001.pdf Recorded in 011iofal Records, Connty of San Bernardino 12128/2010
4:06 PM
LARRY WALKER
NC
Auditor/Controller — Recorder
RECORDING REQUESTED BY AND R Regular Mail
WHEN RECORDED MAIL TO:
Dock`: 2010-0548347 Titles: 1 Pages: 5
City of Redlands Fees 0.00
35 Cajon,Suite 4 Taxes 0.00
Redlands,CA 92373 other- 9.09
Attn: City Clerk PAID $0.99
APN:01 71-46148
NOTICE OF RELEASE
OF DENSITY BONUS AGREEMENT
This Notice of Release of Density Bonus Agreement is made this 16"i day of November,
2010, by the City of Redlands, a municipal corporation("City").
WHEREAS, National Community Renaissance of California, a California nonprofit
public benefit corporation which acquired title as The Southern California Housing Development
Corporation("Owner"), is currently the owner of the apartment community commonly known as
the Colony Apartments, located at 221 New York Street, Redlands, California(the "Property").
The Property is described more specifically on Exhibit"A" attached hereto and incorporated
herein by reference; and
WHEREAS, on or about August 3, 1987, Daljit Sarkaria, Elaine Sarkaria and John A.
Sarkaria(collectively, the"Sarkarias") and the City entered into that certain Density Bonus
Agreement (the"Density Bonus Agreement") concerning the Property, which was subsequently
recorded on August 24, 1987 as Instrument No. 87-292877, Official Records of San Bernardino
County, California. The Sarkarias were the original developers of the apartment improvements
which were constructed on the Property. In conj unction with the City's approval of a conditional
use permit permitting construction of a project with additional density on the Property, the
Sarkarias and the City agreed to and did execute the Density Bonus Agreement imposing
affordability restriction on use of the Property for ten (10) years from the date of execution
thereof. Based upon its execution date of August 3, 1987, the Density Bonus Agreement expired
August 2, 1997; and
WHEREAS,the Owner continues to operate the improvements on the Property to provide
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I:1ca1djml agreementslNotice of Termination Release of Density Bonus Agreentent.rtf
affordable housing. In connection therewith, the Owner most recently agreed to impose
affordability restrictions on the Property in the form of a Regulatory Agreement and Declaration
of Restrictive Covenants among the California Statewide Communities Development Authority,
Washington Mutual Bank, FA and the Owner(the "Bond:Regulatory Agreement"), which Bond
Regulatory Agreement was recorded on July 9, 2003 as Document No. 2003-0501127. Among
its provisions, the Bond Regulatory Agreement restricts rental of forty percent(40%) of the
apartment units located on the Property to persons and families with a household income not
greater than sixty percent(60%) of the area medium income as set by and determined by the
United States Department of Housing and Urban Development. The term of the Bond
Regulatory Agreement expires on the later of the date that no bonds issued in connection
therewith remain outstanding or July 8, 2033. The provisions and restrictions of the Bond
Regulatory Agreement restrict a greater number of apartment units at deeper affordability than
the Density Bonus Agreement and thereby protect the affordable housing interests of the City;
and
WHEREAS, by virtue of the foregoing and by reason of the expiration of the term of the
Density Bonus Agreement, the City has agreed to release the Density Bonus Agreement from the
Official Records of San Bernardino County. The purpose of recordation of this Notice of
Release of Density Bonus Agreement is to document as a matter of public record such release.
OPERATIVE PROVISIONS
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged,the City hereby declares that:
1. The Density Bonus Agreement has expired according to its terms. Although
expired, the interest of the City in the provision of quality affordable housing on the Property for
the residents of the City is continued during the term of the Bond Regulatory Agreement.
2. The Density Bonus Agreement has expired by its terms and is of no further force
and effect.
3. The obligations of the parties under the Density Bonus Agreement no longer run
with the land and the Property is hereby released from the burdens,of the Density Bonus
Agreement, which is of no force and effect as a matter of public record.
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[Aca\d}m\AgreementslNotice of Termination Release of}density Bonus Agreement.rtf
IN WITNESS WHEREOF, the undersigned, an authorized representative of the City, has
executed this Notice of Release of Density Bonus Agreement as of the date and year first above
written.
City of Redlands,
a municipal corporation
By:
Pete Aguilar, Mayor
City of Redlands
ATTEST:
Samm Airw n-, City Clerk
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1:',cd�djm,Agreetnents\Notice of Termination Release of Density'Bonus Agreement.rtf
EXHIBIT "A")
[Legal Description]
Parcel I of Parcel Map No. 9485, in the City of Redlands, County of San
Bernardino, State of California, as shown by Map recorded in Book 107, Page 67
of Parcel Maps,in the Office of the County Recorder of San Bernardino County,
California.
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1:"ca'.dj'm,=Agreemen&�-;N,otice of Termination Release of Density Bonus Agreement,rtf
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNAR.DINO ) SS
CITY OF REDLANDS )
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 22, 2010,
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)mare subscribed to
the within instrument and acknowledged to me that they executed the same in hisAier4their
authorized capacity(ies) and that by hi&Aw4their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
'� •""�e .t'o �� a s Jy ARTHUR S. IRWIN, CITY CLERK
P .
Ir
Teresa Ballinger,Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ } Individuals) signing for oneself/themselves
{ } Corporate Officer(s)
Title(s)
Company
{ { Partner(s)
Partnership
{ } Attorney-In-Fact
Principal(s)
{ }
Trustee(s)
Trust
{x } Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACKED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Notice of Release of Density Bonus Agreement
Date of Document:November 16, 2010
Signer(s) Other Than Named Above: None
r;
Agreement Release - On motion of Mayor Pro Tern Bean, seconded by
Councilmember Gallagher, the City Council unanimously approved a
Notice of Release from a Density Bonus Agreement between the City of
Redlands and Daljit Sarkaria and John Sarkaria, developers of the Colony
Apartments, an 88-unit apartment complex located at 221 New York
Street. The Notice documents, as a matter of public record, the termination
and release of the provisions of the Agreement which expired on or about
August 2, 1997.
Arbor Day - On motion of Mayor Pro Tem Bean, seconded by Councilmember
Gallagher, the City Council unanimously approved a proclamation recognizing
the celebration of National Arbor Day in the City of Redlands on April 30,
2010.
Fee Protest - On motion of Mayor Pro Tem Bean, seconded by Councilmember
Gallagher, the City Council unanimously approved a letter for the mayor's
signature to members of the California State Legislature in protest of a new fee
to be imposed on operators of landfills within the State.
Lease Agreement - On motion of Mayor Pro Tem Bean, seconded by
Councilmember Gallagher, the City Council unanimously approved a lease
agreement between the City of Redlands and Primero Management, Inc. to
provide 560 square feet of office space in the Orange Street Shopping Plaza for
one dollar a year to serve as a substation for the Redlands Police Department
Downtown Business Liaison Unit.
Communications Center Software Agreement - On motion of Mayor Pro Tem
Bean, seconded by Councilmember Gallagher, the City Council unanimously
approved an agreement between the City of Redlands and CDW-G for a
vSphere 4 Advanced of Enterprise with P2V Migrations Jumpstart. The
agreement will provide a software solution to convert physical servers to virtual
servers to better manage the volumes of data utilized by the Police Department
Communications Center.
Municipal Utilities and Engineering Reorganization - On motion of Mayor Pro
Tenn Bean, seconded by Councilmember Gallagher, the City Council
unanimously approved a Side Letter with the General Employees Association of
Redlands (GEAR) for the reorganization of the Water Distribution Division of
the Municipal Utilities and Engineering Department. The Side Letter allows
consolidation of the Water Distribution Division classification structure to three
classifications, lowers the base salary for employees occupying these
classifications, and provides incentive pay for those employees choosing to
acquire additional certifications above the minimum qualifications for their
classification.
COMMUNICATIONS:
November 16,2010
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