HomeMy WebLinkAboutResolution 91-212 07/15/1991~esOlutlon ~~. 91-212 N.C.S.
1 of the City of Petaluma, California
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4 RESOLUTION APPROVING LOAN DOCUMENTS AND AFFORDABILITY
5 RESTRICTIONS AGREEMENT WITH PETALUMA ECUMENICAL PROJECT
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9 WHEREAS the City Council has allocated funds from the In-Lieu Housing Fund to
10 Petaluma Ecumenical Project (PEP) for the acquisition and development of the Caulfield
11 Elder Apartment site (Resolutions No. 88-295 and 90-167); and
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13 WHEREAS PEP has secured other funding and approval for permanent financing for the
14 project and construction will be underway by September 1991; and
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16 WHEREAS the City of Petaluma has a policy to secure its financial interest and long-term
17 affordability in City-assisted housing complexes; and
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19 WHEREAS PEP has proposed that $200,000 of the City allocation from the Housing Fund
20 be converted into a loan, secured by a Note and Deed of Trust, with an option for renewal;
21 and
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23 WHEREAS an Affordability Restrictions Agreement will insure the long-term affordability
24 of this apartment complex;
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26 NOW, THEREFORE, BE IT RESOLVED that the City of Petaluma approves the
27 Promissory Note, with Exhibits A and B, and
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29 BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute on
30 behalf of the City Council all necessary documents, upon review of the City Attorney.
31
32 Under the power and authority conferred upon this Council by the Charter of said City.
33REFERE CE: I hereby certify the foregoing Resolution was introduced and adopted by the Ap-pr, ved as to
34 cau~reso/bg5 Council of the City of Petaluma at a (Regular) kl~l~!(1 meeting '
on the .~,5.1<Yl ............... day of ...............rlU.1,y.........-.........................-, 19..9x.., by the
following vote: ........... ....... . ..
ity ttorney
AYES: Read, Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: ~
ABSENT: ~ .r'' ~;,,,:~
,f u
ATTEST: ..._.......l.~`. .......... ........ .......... ....::....
' y Clerk
Council File ...................•---°--........
CA 10-85 Res. No. .........;1..1.-2.1.2... N.C.S.
~..:
Escrow Nv. 30-173495
EXHIBhT "A"
PARCEL ONE:
Being a portion of the lands of Redwood Empire Title Company as
described i n Document recr,rd~d n Hock 2556 a t page 6 75, O f f i c i a l
Records of Sonoma County, and be i rag more F~a r t i r::u 1 ar l y descr i be~~ as
follows:
Commencing at the most southerly carr-rer of swirl lan~]s and running
thence along the Southeasterly line of Said land Paarth 35~ :~0' East,
300 feet to the true point of beginning; thence c~~ntinuing along said
line 314.21 feet to a point;. thence 'lea~i~r,g sai~~ line North 54a 3~.1'
West, 107 feet to the fJor•thwesterly line of said warcel; thence along
said. Northwesterly ]qne, South 35m 3U' 30`' West, 314..21 feet to a
point; thence South 54 3Q' East, 1.47 feet .to the r,rue point of
beginning.
PARCEL TWO:
Being a portion of the lands of Redr,~ood Empire Title Company as
descrlbe.d in Document recorded in Hook 25.5.6 at page 475, Official
Records of Sonoma. County, and being more particularly described as
follows:
Commencing at the me;st Southerly corner of said lands and running
thence along the Southeasterly line of sai<y land, North 35~ 30' East,
150 feet to a point, said paint being the tr~ue paint of .beginning of
the parcel to be described; thence continuing along said line, North
35 30' East, 150.00 feet .to a point; thence leaping said line North
54® 30' West, 107..0.0 feet tc~ a point on the Nrrthwesterly lir7e of said
parcel ; thence a long .the Northwesterly 1 ine, Sc)uth 35~ 30' i•lest, 150
feet to a point; thence South 54 3G' East. 107 feet to the point of
beginning.
PARCEL THREE-
Being a portion: of the lands of Redwood Empire Title CornPany as
described in Document recorded in Hooi~ 2556, at page 675, Official
Records of 'Sonoma County, and being mare. particularly described as
follows:
Commencing at the most Southerly cr~rrrer of said lands and running
thence along the Southeasterly line of said land I~Jorth 35 3{"~' East,
614.21 feet to the true paint of b~girrnirrg; thence continuing along
said line 204 feet to the mast Easterly ~:orner of said land; tnern~e
along the Northeasterly line theretif N~~rth 54@ '~U' West, 107 fFet to
the most Northerly corner thereof; thence along the PJor•thwesterly ling
of said lands South 35~ 30' West 2U0 feet to a pciint wtrich bt?ars North
54® 30' West from the point of beginning; thence South S4~ 3~)' East,
107 feed to the point of beginning.
/~
Excepting theref~rc~m the above descried Parcel Three that certain real-
property conveyed• to lJa,l i to Little by Deed elated aep tember ZU, 1974
and recorded October 15, 1974 i ra 13oc,li 2905 a t page i 40, t] f f i r_ i a 1
Records of Sonoma' Coilnty, under Recorder ' s Serial No . P-24882..
PARCEL FOUR:
Being a portion of the, lands of Redwc~ad Empire .Title Compar•~y as
descr°i bed i n ~ Document r•ecorde~7 i n Book 2556 cif 0 f f i ci a l I?ecurds , a t
page 675, .Sonoma County Records, and lae i ng more pa rt i cu•1 a r 1 y descr• i bed'
a5 fO110W5: ~ .
Commencing at the most. Southerly rgrrer• of said lands and running
thence"along the Southeas:ter.ly line of said ~larrd North 35® 3u' East,
150 feet to a point; thence leaping said line North 54 30' 41est,
1.07.00 feet-to a point on th`e NorthwestErl:y line rrf said parcel; thence
along the Northwesterly dine. South 35~ 3C~' West, 150 feet. to the most
Westerly corner of sai:"d parcel; thence South 54~ 30 East, 197 feet to
the point. of commencing.
Excepting from the abowe~degcrihed Parcels One, Two, Three and Four,
that certain real property coneeyed to the City of Petaluma by a Deed
dated Mar-ch 22, T974 and.recorded April 19; 1974 in Book 2855 at, page,
5h7, Official Records of Sonoma County, undF.r Recorder's Se;ri.al No.
N-94162, ' afid: be~i ng more. p a r t i. cu 1 a r 1 y descr i.17ed a s fo 1 1 ows
A strip of land for street. construction pur-doses ly~`ing within the City
of Petaluma,. and'more particularly described as follows:
Commencing at the most Southwesterly corner of ,Parcel "A?' of tleadowlark
Meadow Subdlvisicin recorded in boot:- '139_of Maps, at pages. 9fi arid'-~70'
Sonoma County Records; ~tfiiertce from- said po-i nt of beg i rn~i i ng , South 35
28' S4" 41es,4, 228.00 feet; thence North.54~ 31' 3U" I~lest, 50.35 feet;,
thence from"a tangent which bears youth 54 31' 30" Easton a curve, to
the left through a central angle of X190 59' 3~" having a radius ~of 30
feet- a length of 47.12 feet; thence from said point, North 350 28' S4"
East, 28.40 feet; thence on a curve. to tfi a left th:raugh a central angle
of 6® 26' S2" hamming a radius of 967 .feet, a 'length of 108.82 feet.;0
tfi ence on a. tangent: curve t,o the right thruu;gh a central angle o:f 6
26' S2".ha~in.g a rad'i.us of 1033 feet, a length of 116.25 feet;-thence
North 35® 28' S4".East, 531.22ofeet; fhence South 540 31' 3U" East,
33.04 fee thence South. 35 28. 54" West, 586.21 feet #o the true
point of beginning.
A-1 so excep t"i<ng from th:e above: descr i k~ed Parce 1 s One, TWO,. Three and
Four, that certa:i'n re,a,l property c~n~eyed 'to The City of .Petaluma by
Grant Deed recorded June 21, 1991 as nocr.~.ment No. 1991 OOS9~i83 of
Official Records of - Sonoma County, anc~ being more partic~.~larly
descr^ i bed as fo 1-1':ows : •
A portion of th,e l;and5 of. Petaluma Ecumenical Projects, Inc., as said
1 ands are. • described by peed reGAr,ci~~d; i-r.r Uocumerrt hJumber 88= l 1 151.1 ,
Sonoma Cou:nt~y Recor"ds, mare hart i cu 1 ar• 1 y descr i t»~~ as fal I ows
i
through a cen;tra;l angle of A9 59' 3h" an arr distance of 47..1'2 feet
(the Tong. chord of which bears North 80~ ~8' 42" East, a distance o.f
42.42 feet); thence North 3S~ 28' 54" East, a distance of .70.58 feet;
thence on a tangent 975..00 foot radius curve try the left through .a
central angle of 5 21' S8" an•arc dititanc~ of 91.31 feet (the long
chord of which bears North 32 47' S5" East, a distance of 91.28 feet)
to a point of reverse curvature; (hence on a.975.U0 foot r~adius curve
6
to the right through a central angle of 5 21' SEl" ar7 arc distance of .
91 .3l feet t the 1 ong chord of which .bearsoCJ~~rth 32 s17' S5" ,East , a
distance of 91.29 feet); thence !North 35 2A'~ 54" Eest, a distance of
424.63 feet; thence on a to rn~ent 33.OU foot radius curve to the left
through a central angle of 90 q0' 00".an ar•t distance of St,,64.feet
Cthe long chord of which bears North 09.31' oE,".West, a distance of
46.67 feet ) to a~ point of cusp on the ~ Sou;ther 1 S~ 1 i ne of Park Lane;
thence along the. Southerly line of Park Lane, South 54~ 31' 06" East, a
distance of 36.:30 feet to the intersection of the Southerly line of
Park .Lane with the Westerly tine of Caulfield Lane; theme along the
Westerly line of Caulfield Lane, South 35 29' S4" 41est, a ~~istance
of 457.59 feet; thence on a tangent 1U33.~~0 foot radius curve to the
left through a central angle of 06 26' 52" an arr distance of 116.25
feet ( the long chord of wh i.C:h bears. South 32 15" 29" West , a distance
of, 116.19 feet) to a point o•F reverse curvature; thence on a 967.U0
foot radius curve to the right through a central artigle of 06~ 76' S2"
0
an arc distance of~108.82 feet ithe long chord of which bears South 32
a
15' 28"West, a distance of L08.76 ,feet); thence South 35 28' S4"
West, a distance of 28,40 feet; thence on a tangent 30..00 foot radius
curve to the right through, a central angle of t39 59' ~ 36" .~'n are
distance of 47.12 feet (the long etiord of whirti bears South HO®2~i' 42"
West, a distance of .42.42 feet) to a point ~-,f Cu5p; thence :iauth 54
3t' 30" East, a distance of 50..35 feet; th,once Sr~uth 35 28' S4" West,
a distance of 107.00 feet to the Point of Beginniny.
Beginning at the most Southwesterly corner of the afnresaiQ lands of
Petaluma Ecumenical Projects, Inc., thence hJorth :~aW 28' S4" East, a
distance of "10.00. feet; thence South 54 31 ` :~~a" East, a distance of
49.25 feet; thence on a tangent 30.OU foot radius cur~~e to the left
-~ _
EXHIBIT B
RECORDINGREQUESTED B{Y
AND WHEN RECORDED'MAIL TO:
' City of :Petaluma
City Hall
11 English Street.
Petaluma, CA 94952
Attn: City Clerk
NO: RECORDING FEES REQUIRED PURSUANT TO
GOVERNMENT CODE SECTI.ON 27383
AFFORDABILITY RESTRICTIONS AGREEMENT
This Affordabali;ty Restrictions greement (t "Agreement")
is made and entered into: as of this ;.:day of 1991,,
by and among the City ~o,f Petaluma., a municipal eorpora'tion ("the
"City"), Peta uma Ecumenca-1 Projects, a California nonpro€it
public benefit corporation (the' "Developer") , and th`e 'Caulfield
.Lane Senior Housing Associates, a California, Limited Partnership.
{tfie "Partnership";), w;th.reference to the following facts:
A. The Partnership has leased for'.a.term of sixty (60)
years from PEP~(the "Ground Lessor"), that certain real property
which is deser'ibed in Attachment. 1 att`ached,to and incorporated
herein (the "Property").
B. The Pa'rtnersp has agreed'to.coristruct on the Property
a housing project consisting of twenty-two .,(22) rental units for
low-income elderly`persons known. a-s Caulfield Lane Senior
_ Apartments(the "Project").
C. The City desires to loan, and the Partner-ship desires
to borrow,-the sum: of. Two Hundred Thousand Dollars ($200,000)
_ (the "Loan"). Suchfunds"shall be used fqr development of the
Project. ~ ~ `
D. The'Cty has extended a grant of. Two Hundred Thousand
Dollars to the Developer to pay for ,site acquisition costs
incurred for the-Property by the Developer (the "Grant").
E. Use",re tr-fictions ~on the Property were recorded against
the Property by' the.. City in corinecti:on.wth the Grant. The City,
Developer. and Partnership new desire to rep ace those
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restrictions with the covenants andsestrictions set forth in
this Agreement.
F. The Developer and. the Partnership agree that the
covenants and restrictions set forth below shall be recorded
against the Project in consideration of the Loan and the Grant.
THEREFORE, the City; Developer, and the Partnership hereby
agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Definitions
When used in this Agreement,, the fol-lowing. terms shall have
the respective meanings assigned to them in this Article 1.
a. "Adjusted Income10 shall mean the total anticipated
annual income of all persons in a household,, as adjusted in
~ accordance with Section 8 of the United :States Housing Act of~
1937. In the event that no such program exists, the City shall
provide the Developer with a reasonably similar method of •
calculation of adjusted income.
b. "Agreement" shall mean th-is Affordability
Restrictions Agreement..
c. "Borr.ower NotetO shall mean the promissory note
from the Partnership to the City evidencing all or any part of
the Loan dated as of even date herewith.
d. "City10 shall mean the City of Petaluma,
California.
e. 01Closng Date" shall mean the date of recordation
of this Agreement.
f. "Deed of Trust" shall mean the deed of trust to
the City on the Partnership's leasehold estate in the. Property
which secures repayment of the Loan and performance of this
Agreement.
g.• ":Developer" shall mean the .Petaluma Ecumenical
Projects, a:GaTfornia nonprofit public benefit corporation, and
any of .its successors, or assigns.
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h. 10Eighty Percent of Median :Income" shall mean
income figures calculated by multiplying the Median Income
figures by 0.8.
i. "Elderly Household" shall mean households of which
at least one member is 52 years of age or older.
j. "Handicapped" shall mean a household of which a
member is suffering from an orthopedic disability impairing
personal mobility. or a physical disability affecting his or her
ability to obtain employment or which requires special care or
facilities in the home.
k. "Loan" shall mean the. principal amount of $2.00,000
loaned to the Partnership by the City, as evidenced by the
Borrower Note.
1. "Lower Income Household°' shall mean a household
with an Adjusted Income which does not exceed 80$ of Median
Income.
m. "Median Income" shall mean the median gross yearly
income adjusted for actual household size, in the County of.
Sonoma, California, as published from time to time by the State
of California. In the event that such income. determinations are
no longer published, or are not updated for a period of at least
eighteen ('i8) months, the City shall provide the Developer with
other income determinations which are reasonably similar with
respect``to methods of calculation to those previously published
by the State.
n. t1Partnership" shall mean the Caulfield Lane Senior
Housing Associates, a California Limited Partnership, and any of
its successors, or assigns.
o. "Project" shall mean the Caulfield Lane Senior
Apartments Development:,. consisting of the Property, the Units,
and all landscaping, roads and parking spaces existing thereon,
as the same may from time to time exist.
p. "Property10 shall mean the real property described
in Attachment 1 attached hereto and incorporated herein.
q. "Rent".shall mean the total of .monthly payments by
the tenants of a Unit for the .following: use and occupancy of
the,Unit and-land. and associated facilities, including parking;
any separately charged fees or service charges assessed by
Developer which are required of all tenants, other than security
deposits;-the cost of an adequate level of .service for utilities
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l
paid by the tenant, including garbage collection, sewer, water,
electricity,'gas' and other heating, cooking and refrigeration
fuel,: but not telephone service; any other interest, taxes, fees
or 'cha'rges for use of the land or associated facilities and
assessed.by'a public or private entity other than Developer, and
paid. by the tenant. .
r. 01Term" shall mean. the period of time beginning on
the Closing Date and ending fifty-five (55) years following the
Closing Date.
s. ~ 01Units" shall, mean the twenty-two'. (22) residential
rental units to be constructed on the Property.
ARTICLE 2
AFFORDABILITY COVENANTS
2:1 Occupancy Requirement.
a. Twenty ('20) of the Units shall be rented ,and
occupied by or, if vacant,, available for rental and occupancy by
Lower Income .persons 62 years of age.or older.
b, Two (2) of the Units shall be rented and occupied
by or; if vacant available for rental and occupancy by Low.er-
Income persons qualifying as Handicapped and/or 62 years of age
or o der.
2.2 Allowable Rent..
The Rent .charged the occupants~of the Units shall not
exceed one-twelfth of Thirty Percent of Sixty percent (60~) of
Median Income.
2.3 Increased Income of OccubyinctHouseholds
a. In the event, upon.recert~fication of an occupant
household ° s income:, th'e PartnersYrp .discovers that, a Lower Income
Household no longer qualifies as a Lower `Income Household, the
w household shall be required to vacate the Project within six ,(6)
months, :and the`Unt shall be rented to a. Lower Income Household
as necessary to meet the requirements of Section 2.1 above.
b. If the Project ,is subject; to State or federal
rules governing low income housing tax credits, the provisions of
those rules regarding continued occupancy by. households whose
incomes exceed the eligible income limtatfons~shall apply in
place of the provisions set forth in subsection a. above.
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2.4 Lease Provisions. The Partnership shall include in
leases for all Units provisions which authorize Developer to
immediately terminate the tenancy of any household one or more of
whose-.members misrepresented any fact material to the household's
qualification as a Lower Income Household. Each lease or rental
agreement shall also provide that the household is subject to
annual certification in accordance with Section 4.1 below, and
that, if the household's income increases above the applicable
limits for a Lower .Income Household, as"applicable such household
may be required~to vacate the Unit.
ARTLCLE 3
OPERATION AND MAINTENANCE OF THE PROJECT
3.1 Residential Use. The Project shall be operated only
for residential use. No part of the Project shall be operated as
transient housing.
3.2 Taxes and_Assessments. Developer and/or Partnership
shall pay or cause to'be.paid all real and personal property
taxes, assessments and charges and all franchise, income,
employment, old age benefit, withholding, sales, and other taxes
assessed against it, or payable by it, at such times and in such
manner a's to pr.eyent arty penal"ty from accruing, or any lien or
charge from attaching to the Project, provided, .however, that
Developer and Partnership shall hawe.the right to contest in good
faith, any such taxes, assessments, or charges. In the event
Developer and/or Partnership exercise"their right to contest any
tax., assessment, or charge against them,. Developer and/or
Partnership, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment
rendered against them, together with all costs, charges and
interest.
3.3 Maintenance. Partnership shall .maintain the Project in
good repair and work`nq order, and. in a neat,. clean and orderly
condition,. including the walkways, driveways, alleyways and
landscaping, and from time to time make all necessary and proper
repairs, renewals, and replacements.
3.4 ~londiscrmnation. All of the Units shall be available
for occupancy on a continuous basis to members of the general
public who are income eligible. Except as provided in Section
2.1 above., ahe"Partnership shall not give preference to any
particular class or group of persons in renting the Units, except
to the extent that the Units are required to be leased to Lower
Income Households and/or"Elderly Households. There shall be no
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discrimnat°on against or segregation of any person or group: of
persons,, "on account of,race, color, .creed, religion, sex,, sexual
orientation, -marital status, national origin, or ancestry, in the
leasing, sublea°sng', tr-ansferrng, use, occupancy, tenure, or
enjoyment of any Unit nor sha13 the Partnership or any .person
- claiming under or through the Partnership., establish :or permit
any such practice or praet-ices of; discrimination or, segregation
with reference to the selection, location; number, se or ,
occupancy, of tenants,,- lessees:,; subl'esse'esy subtenants, or
- vendees of any Unit or in conr-ect-ion with the employment of
persons for the operation and management. of any Unit...
ARTICLE 4
INCOME CERTIFICATION AIJD REPORTING
4.1 Income Certification. The Partnership will obtain,
complete. and maintain on. :file, immediate y prior to initial
occupancy and annually thereafter, income certifications from
Lower Income Households ,renting any of the Units. The
Partnership shall make fa good faith effort to verify that `the
income provided by an~applcant or occupying household in. an
income certification is accurate.
4.2 Annual Report to City. Each year the•Partnership shall.
submit an annual report to the City, in ;a form approved by the
City. The annual report shall include for each rental Unit
covered by this.Agreement,~ the Rent and the income and. family
size of the household occupying the~Unt. The~report~shall also
state the date the tenancy commenced for each :rental Unit, and
such other information as the Gty may be required by law to
obtain.
4.3 Additional Information, The Partnership hall provide
any additional; information reasonably requested by the City.. The
City shall have. the right. to eicamine and make copies of all-
books:; records or other documents of Developer which pertain to
any Unit.
4..4 Records.~.:The Partnership shall_maintan complete.,:. .
accurate a_nd~cur-r,ent'records pertaining to.the Units, and shal
permit any duly. authorized representative of the'~City to inspect
'records, including records pertaining to income and. household
size of tenant households.
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ARTICLE 5
P'iISCELLANEOUS
5.1 Term. The prows-ions. of this Agreement shall .apply to
the Project for the entire Term even, if the entire Loan. is paid
in full prior to the end of the Term. Upon expiration of the,
Term, the City shall, have the option to extend the provisions .of
this Agreement for another fifty-f,ive (55) years (the
"Extensiont1). In consideration for the Extension, the City shall
defer all payments under the B6rrower Note for an additional
fifty-five (5'S) years. This Agreement shall bind any successors,
heirs or assigns of both the Deve-lopes and~the Partnership,
whether a change in interest occurs voluntarily or involuntarily,
by operation of law or otherwise, except as expressly released by
the Gity. The City~mak'es the Loan on the condition, and in
consideration of, this provision, .and would not do so otherwise.
5.2 Covenants to Run With the Land,. The City, Developer
and the Partnership hereby declare their express intent that the
covenants and restrict-ions set forth in this Agreement shall run
with the land, and shall bind all successors in title to the
Project, provided, however, that on the expiration of the' Term of
this Agreement said covenants and restrictions shall exp-ire
except as provided in Section 5.1 above.: Each and every
contract; deed or other instrument hereafter executed covering or
conveying the Project or any portion thereof shall be held
conclusively to have. been executed, delivered and accepted
subject to such covenants and restrictions.,. regardless of whether
such covenants or restrictions are se't -forth in such contract,
deed or-other instrument, unless the City expressly releases such
conveyed portion of the Project from the requirements of this
Agreement.
5.3 Enforcement by the City. I,f.the Developer or the
Partnership fail to perform any obligation under this Agreement,
and fail to cure the ,.default within 3O days-after. the City has
notified the Developer and the. Partnership in writing of the
defau-lt or, if the default-cannot be cured within 30 days, failed.
to commence to cure within 30 days and thereafter. diligently
pursue such cure,. the City shaT1 have the right to enforce this
Agreement by any or, all .of the following actions, or any other
remedy provided by law:
a. _ Calling. the~Loan. The City may declare a default
under the Note., accelerate the .indebtedness evidenced by the
Note, and proceed with foreclosure under the Deed of Trust.
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b. Action to Compel Per-formance or for .Damages. .The
City may bring an action at law or in equity to compel
Developer's and Partnership's performance of their obligations
under this Agreement, and/or for damages. -
5.4 'Attorneys Fees and Costs.. In any ,action brought to
enforce this Agreement., the prevailing party shall be entitled to
all costs a_nd expenses of suit, including attorneys' fees.. This
section shall be interpreted in accordance with California Civil.
Code Section 1717 and judicial deeisiorls interpreting that
statute.
5.5 Recording and Filing. The City, Developer and the
Partnership shall cause this Agreement, and all amendments and
supplements to it, to be recorded in the Official Records of the
County of Sonoma.
5.6 Subordination. This Agreement shall be subordinate to
all liens on the property-for financing the acquisition of the
Property and construction of the Project, including without
limitation: a deed of trust in an amount .not to exceed $750,000
in .favor of the State of California Department of~Housing and
Community Development (1°HCD01) • a deed of trust in an amount not
to exceed $60O,OOD in favor of Nor-thbay Savings Bank; a'deed of.
trust in an amount not. to exceed $1,200;000 in favor of Northbay
Savings Bank; and~a Regulatory Agreement entered into by and
between the Partnership and HCD.
5.7 Governinct Law. This Agreement shall be governed by the
laws o'f the State of California.
5.8 Amendments.. This Agreement may be amended only by a
written instrument executed by all the parties hereto or their
successors in title, and duly recorded in the real property
records of the County of Sonoma, California.
5.9 Notice. All notices given or certificates delivered
under this Agreement .shall be deemed 'received on the delivery or
refusal date shown on the delivery receipt, if: (i) personally
delivered by a commercial service which furnishes signed receipts
of delivery or (ii) mailed by certified mail, return receipt
requested,, ,postage prepaid, addressed-as shown~on the signature
page. Any _o€ the parties may, by notice .given hereunder,
designate any further or .different addresses to which subsequent
notices, certificates or communications shall be sent.
5.10 S'everablty. If any provision of this Agreement shall
be invalid, illegal or unenforceable, the validity, legality and
69301L.P50
07/31/91 at 9:51am _8_ '
enforceability of the remaining portion's of this Agreement shall
not in any way be affected or impaired' thereby.
IN WITNESS,WHEREOF, the City, Developer and ahe~Partnership
have executed this Agreement•by duly authorized representatives,
all on the date first written above.
Address:
11 English Street
Petaluma, CA 94953
Address..:
22'0 Stanley Street
Petaluma, CA 94952
Address:
22O Stanley Street
Petaluma, CA 94952
69301LP.50
07/31/91 a[ 9:51am
CITY:
CITY OF PETALUMA
By:
Its:
PARTNERSHIP:
CAULF.IELD LANE
SENIOR HOUSING ASSOCIATES,
a California Limited Partnership
By: Petaluma Ecumenical
Projects, its general
paY ~ - --
By
Itf
•By:
DEVELOP]
PETALUMA ECUMENICAL PROJECTS
a California nonprofit public benefit
cor
By~
It:
By:
Its
AT T: -
City__ --
~~n cs~ ° ~~~t
-9-
-~.
CC §.1181
STATE OF CALIFORNIA )
)
COUNTY OF SONOMA )
On this 13th
ACKNOWLEDGMENT
day of August in the year 19 91 before me,
Paulette Lyon, Deputy City Clerk, Clty of Petaluma, personally appeared John Scharer
personally known to me to be the person who executed this instrument as City Manager of the City of
Petaluma and acknowledged to me that the City of Petaluma executed it. ,
Seal Paulette Lyon, Deputy CI erk
City of Petaluma, California
STATF, OF CALIF(1RN
COUNTY (1F__.. SoNOr~~ _- SS.
a pn_AUgUSt 20, 199 ,before me, the undersigned,
r,
0.N aplNnred TIMOTHYarrP.jn~CELLG~~~f~`y and State,. personally
own to me to
° - GE~NA-GEAL~~
Ire the_.__--l're idcrit, nnd__ _ _ __, known
iy ~freasurer _p~T.ALUMA
a to me to he the-.-------.--._...--,id0~')a'J4'~-( of
° ECUMENiCAL_P_RgaECTS_- ,the corporation chat
m
g executed the •within instrument and known to me to .fie the persons
w who exer•utr•d the within instrument on behalf of said corporation.
said ror•pnration hang kgown tq me to be th General Partner
QOf CAULFIELD._L.ANE_-SENIOR. HOUSING ~S_SOCIATE~he
U I~arhrcrehip that executed the within instrument, and acknowledged
In me lhati such cnrpnralion xeruU~ c same as such panne[
and tl at u.h partiiershi exe fed sa .
~n ,
N H AUREEN F. L GO r
N
c
0
a STATE QFCALIFORNIA S.S.
_ _
~ rn COUNTY OF,_ _ _ _- SOIl01Tla _-.-- - -
20th
v Onthislhe_______-___dayof__AUgUSt____._1g9~ before me,
Q the undersigned, a Notary `Putilic 'in and for said County and. State;
~ personally appeared, sIMO_TN:Y-P .-KELL.GfIEN- ----
_ personally
knownfo me or proved to me on the basis of satisfactory evidence to be.
a the -.-__.--__:.-_.. President, and ..__LEONA-. GEALIA____._._-_ _
~ ___-.. ,personally
Q :known tome oYproved to me on the basis of satisfactory evidence to be
v TY'ea'SU1°e1".. ~144fRt1~dff of the corporation that executed the within
Z instrument on behalf of t e Corp r ion therein named, and acknow-
.x ledged to me Ihat such• orpo~ t o executed the within instrument
o pursuant t iC 6 -laws or a so t' n o ' ~rd of directo s.
to I I , ,, l
a Sigftature ' ~ 1~,~~~- ~- --~ -- ~~-lJ
vi f LAUREEN EW OT
SAFECO
FOR NOTARY SEAL OR STAMP
. OFFlQIAL SEAL
;.~,~ LAUREEN F LEWGOT
~i , al NOTgAY PUBLC-CAUFORNIA
PRINCIPAL OFFICE,IN
SONOMA COUNTY
_ My Commission Expires Aug. 27, 1983
C r
®~ ~ '
TITLE INSURANCE
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
w LAUREEN F• LEWGOT
~'A •'~ N0T,4RY PUBLIC-CALIFORNIA
~ • PRINCIPAL OFFICE 1N
SONOMA COUNTY
My Commissfon (_icplres Auy: 2_ 7l/ 1vg93
ATTACHMENT
i'ARCEL 'UftiiE';s
lie 1 ng a por t I on .o~f the 1 ands o f Redwood Emp ~ re T' i t l e Comps rY a s
described i n. Document ~.recordec9 i n'Book 2556: a t page 675, Of f fc t a l
Recc+rds of Sonoma [ounty, a:nd being more~particuiarly described as
follows: .. .
Commencing 1~ t .• th.e mos~Y $outher'l y corners of , g'a•i•d ..!.ands and rune i ng
tnence along. the Southeas~t'erl'~y 1;=ine of~ gaid land Pdorth 35~ 30' Eas4•
300 fee4 to the true po.i:n4 of be:g i nni ng = ' th°e,nce cont,i'nu i ng along sal d
line 314.21 feet to a point; thence 1"ea~i;ng~ said line North S~° 30•
west , d 07 feet to 4he, Norfhwes t~r'1 y ;1'i<;ne , `of said parcel = thence a 8 ong
said Nort-hwester l y line, South 35° 30"° 30'" West, 314-. 2'1 Beet to a
po.i nt; thence South 54 30° East,. !07 feet 4o the true point ®f
beginning.
i'ARCEL TWO s -
8einq a portign of the: la;nds..of Reduuood Empire Title Company as
described In Document recorded`,in Sook~2556'at page 675, Official
Records of Sonoma County, and being more particularly described as
foltowsa
Gommenc i ng a t the onost Sou.aher,l y Corner of ea i d lands and: running
thence along -the Southeasterly ll:ne of eaad l:an®, North 35° 30° East,
150 feet . to a: point, $ai~.d polnf-.being tfi'e true point of beg°inning of
the parcel~to be desgr.dbed= thence:contdnuing along said 11ne, North
35® 30' Ea5 , !50..00 feet :to a .point= thence /eavit
5~9®. 30° West, !07..:00 :feet ~to .a - g said 1 ine North.
point on, the Noc•thWester .y 1 i'ne of said
parcel; thence along; fh;e `Northwesterly i,I'ne-, South. 35:° 30° Wes4o' ''SO
fast to a poi'nt~; thence South Sq~°- 30° Eat4t. 107. feet ~ to the . point of
beg l nn!i ng . ~ -
° PFIRCEL THREE s
~: Bain a - ,:
g port;~on of ,;thy lands; of .RedWOO.d Emp:Ere Title Company as
,dezcr 1 bid i n .Document recorded i n Book: 2556`, , a t page 675, Off i c i a.l
Records o f. Sonome~ Coon t y, and be i`ng snore p:a r t i cu l a r 1 y described a s
follows
Commenc.i ng ,e t the= most _Sou ther l y corner o:f said rands- and running
thence al'ong~ fhe~-Southeasterly line of,sa_I!d' land North 35' 30' East,
6 t h. 2~1 f a;e t t o th! true pv i n t o f :,beg i nn`ing a 'the:nce con 4l nu i ng along
said ~1,'ne Z00 feet to th! most Eaeterly-corner of.said land; thence
along the:. NortheasYerlfy ~ l ine (hereof ~ North 54° 3C~' West, l0'7 feet to
the enos4 Northerly, eorner thereoft th~rnce a'a'o~p th"e Bdorthwesterly 1 ine
of said Dandy Sou 4~h 35® 30' We 4 20A feet to: a poi nt idh i eh bears Odorth
Sq® 30° .West from the point of beginn'i.n~°= thence South •5~® 30• East,
.107 feet to 4he point o"~ beginning.
.ATTACHMENT 1
°
Excep4ing there-from 4he above described Parcel Th.ree•tfie4 certain real
property eonveyed to Va11te Llt4to by Deed dated 6ep'tember 20, 197a
.and recorded Oc3ober 15, 1974 in SBook 2905 et page 1400 :Official
Records of ,Sonoma County, under Recorder°s Serial Mo. P-24882.
PARCEL FOUR:
I~eing a portion of the lands of Red~iood Empire Title Company as
descr i bp~9 fi n >,ocume rit' recorded t o Book 2556 of Of f i c l a l o~ecords , a t
page 675, Sonoma Go'unty Records, and being: more particularly described
a s to I 1 o~+s
s 3 ,
Oommencing at the most Southerly corner of said lands- and running
thence along the Southeasterly line of laid land North 35® 30° Eas40
8.50 feet. to .a point; 4hence Iea~ing said Iine North 54® 30° West,
507.00 feet 'to a p.olnt on the.NorthWes4erly line of said parcels thence
along the Northwesterly Line South 35° 30° 6aeste 1S0 feet to the 'Host.
iJesterly corner of stia:id parcels thence South 54® 30 Eas4, 197 feet to
th! poin4 of comm~ncing.
Excep t l ng from the above described :Parcf'l s One, Two, ~ Three~'aind Four,
ttaat Cer4ain rpaH property con~eye:d 4o the Clty ot_Petaluma by a Deed
dated March 220 :1974 and recorded Aprl1 1:9, 1974 1n Dook 2®55 at page
5670 Official Records of Sonoma County, Gander Recorder°s Serial No.
N-94162, and being~eaore particuDaY'ly described as follows:
A st"r1p of land for stree4 construct;i~on purposes lying ~I.thin the City
of Petaluma, and more parYlcular~ly :.descr bed as follows:
Commencing at the eaost Sou'thwestprly corner ®t Parcel "Aa of PleadoWlark
Meadow Subd3vislon recorded 1n ®ook 139 pf flaps, at pages 46 and 47~
Sonoma County Records. thence from sa;ld'point of b~ginning, South 35
28° 54" blest, 22®.00 feet$ theT9C! North S~~ 35. 30" West, 50.35 feats
thence tro~n a tangen4 which bears South 5~4® 31 ° 3A°' East on a curve to
YF-ie Left through ~ central angle of ~9® 59° 36" having a radius of 30
feet a length of 47.12 fee4. thence from said point, North 35® 28° 5q"
East] 28.•40 feet; thence on a curve to the Ipft through a central angle
of 6 26° 52" having a radius of 967 fee4, a 1;ength of 108.82 feet;
thence on a tangent curve 4o~the rTgh4 through a central angle of 6~
26° 52°' fia•Ji~g a radius of 1033 ts-e4, ~ length of 116.25 feet; thence
North. 35 28=° 54°°' East, 531.2? tenet; thence South 54® 31' 30°' East,
33.00 fee4• 4hence South 3S® 28• °S4°' blest, 586.2'1 feet to the true
point ®f beginning.
Also e~xcep4ing from th"e .above described Parcel
Four, that ~ cert~a,in rea'1, property conveyed 40 The
Grant Deed recorded June 2.1, 1991 as Documen4
Official Records o'f Sonoma County, and being
described as 401 lows:
s One, T~-.o, Three and
City of Petaluma by
No. 199& 00594.63 of
more particularly
A portior- of the 1>ands of Petaluma Ecumenical Pro'ects, inc., as Bald
Iands are described by Deed recorded in Document Number 88-1115110
Sonoma County Records, Pnore particularly described as follows:
~• ~~ ATTACHMENT 1
>3eginninq et the most Southwesterly corner of 4he aforesaid lands of
Petaluma Ecunienl~cafl Pro3eets° Inc., thencf North 3S~ 28° S64°•,East, a
distance of iO.OO~feeti~thence South S~ 31° 30'• East, a di$tanee of
49.25 feet:s thence on a tangent 30.00 Boot radius curve to .the left
4hrough a eentra-1 angle of 89' S9'° 36" an arc distance of 47.g2 feet
tthe long chord of which bear North ®0`~~ 2A°' X12°' East a distance of
42.42 fes4)a 4hence North 35 28° S4"' Eist, a distance of 70.58 feetg
thence on a 4ang.ent 975.00 foot radius curve. 40 4he left through a
central angle of 5e 21° 58'• an arc distance of 91.31 feet ithe long
chord of Whieh besrs~~North 32® 47° 55" East, a distance 04 91.28 feet)
to a point of reVe.rsa~ cu,rvsture= thence on a 975.00 foot radius curve
to the right fhrougtl a cen4ra.fl. angle of S® 28 ° 58" an arc d!$tance ®f
91.31 feet tthe ~Iong chow ~f mhich Dears 'North 32® 47° 55°' East, a
dastanee of 9i:Z6~feet)$ thence North 35. 28. 54°° East, a distance of
424.63 feetg thence on a tangent 33,00 40o radius eurve t® the Lett
through a central angle of• 90® 00° t)0•' an arc d stand of Si.®4 left
the long chord of mhleh~bears North 09® ~1° ®6°° Yes`to a dlata~ ®f
46.67 feetD to s point of cusp on the 'foutharly •0.1ne bf Park Lane=
thence a~l'ong the Southerly l iTie of i'ark. Lane® South 54 31 ° ®6°' East, a
dlstanee of 36.30 feet to the lnterseet'ion~of the Southerly line of
Park Lane or9th the Yesterly-Sloe. Of Caulf'Ield L.aneg thence along thee
Westerly line o• Caulfield~L.ene-, SOUth 35® 28° S4" blest,, a' distanc@
of 457.:59 fletg thence on a tangent 1033.00 foot radius curve to the
Deft through a 'bentral an~~le ®f A6` 26• S2°' a arc t!latance of i~16.25
feet ithe long chol`d of mhtch .bears;.Sou4h 32® •• 29~ blest, a distance
of 116.19 feetD to a point of reversa curva4ureY thence ®n a.967.00 ;
foot Pad'!us eurve to the r1~h~t through a cen4raD angle Of 06® Z6• S2~
an are distance of 108.82 fie"t ilhe~long chord of which bears South 32°
15° 2®•' Wtat, a df.stance of'108..76 feet)g 4henee South 3S® 2®• 54••
West, a distance of 28.AO feet= thanc~ on a tangen4 30.00 toot radius
curve to the right through a central angle of ®9 59° 36" an arc
distance of X7.12 feet tthe long Chord of whleh bears South ®0®28° 42"
West, a d,t'stanee ®f 42.2 tfetD to a po:1n4 of cusps thence South 54°
31° 30" East, a dlstanee of 50:.35 ftetg thence South 35® 2®' S4'° ldesto~'
a distance of 107.00 feet to the i°oint of Saglnning.