EXHIBIT A TO ATTACHMENT NO. 6
LEGAL DESCRIPTION
APN: 470-052-01T, 470-052-02T, 470-052-03T
All that certain real property situated in the County of Fresno, State of California, described as follows:
Parcel 1:
Lots 1, 2 and 3 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-01T
Parcel 2:
Lots 5, 6 and 7 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-03T
Parcel 3:
All of Lots numbered 4, 5, 6, 7.8, 9,10, 11, 12, 13, 14, 15, 16. 17. 18, 19, 20, 21.22 and 23, in Block 2 of the Lincoln Hill Addition to the Town, (now City) of Fresno, County of Fresno, State of California, according to the map recorded in Book 1, Page 71 of Plats, in the office of the County Recorder of said County.
APN: portion of 470-052-02T Parcel 4:
Lots 1 and 2 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 5:
Lots 3 and 4 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County,
APN: portion of 470-052-02T
Parcel 6:
Lots 1 and 2 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 7:
Lots 3 and 4 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052 02T
Parcel 8:
Lots 4, 5, 6, 7, 8, 9 and 10 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
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ATTACHMENT NO. 7
NOTICE OF AFFORDABILITY RESTRICTIONS
This document is exempt from the payment of
a recording fee pursuant to Government Code
§§ 6103 and 27383.
NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY This Notice of Affordabilit y Restrictions on Transfer of Property (or Notice of Affordability Restrictions) is executed and recorded pursuant to Section 33334.3(f)(3)(B) of the California Health and Safety Code as amended by AB 987, Chapter 690, Statutes of 2007 (herein, Chapter 690), and affects a portion of that certain real property generally located at in the City of Fresno, California (City) as legally described in Exhibit “A” hereto (Subject Property).
The City of Fresno, a municipal corporation (City), the City of Fresno, in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno (HSA), and ____________ , a California limited partnership (Developer) have previously entered into an Affordable Housing Agreement dated as of _________________ (Affordable Housing Agreement). The City and HSA are collectively referred to herein as Owner.
1. The AHA provides for affordability restrictions and restrictions on the transfer of the Subject Property, as more particularly set forth in the AHA. A copy of the AHA is on file with City as a public record and is deemed incorporated herein. Reference is made to the AHA with regard to the complete text of the provisions of such agreement and all defined terms therein, which provides for affordability restrictions and restrictions on the transfer of the Subject Property.
2. The AHA provides for Owner to convey a leasehold interest in the Subject Property to Developer and for Developer to (a) construct 54 affordable Housing Units at the Subject Property and (b) rent a specified nu mber of such dwelling units to households of limited income, paying an affordable rent; such restrictions are set forth at greater length in a document entitled the Owner Regulatory Agreement, substantially in the form of Attachment No. 6 to the Affordable Housing Agreement (Regulatory Agreement), which has been entered into by and between City, HSA, and Developer, and which is expected to be recorded substantially concurrently herewith among the Official Records of Fresno County, California. The Regulatory Agreement and the AHA are deemed to be incorporated herein
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City of Fresno
2600 Fresno Street
Fresno, CA 93721
Attention: City Manager
1 Note: Health and Safety Code Section 33334.3(f)(3)(B) requires this Notice of Affordability Restrictions to be printed in 14 p oint type or larger. 490217v1
by reference.
3. Section 2 of the Regulatory Agreement provides as follows:
a. Number of Housing Units. Developer covenants and agrees to make available, restrict occupancy to, and rent:
(i) Three (3) of the one-bedroom Housing Units to 30% AMI Very Low-Income Households at an Affordable Rent.
(ii) Two (2) of the one-bedroom Housing Units to 45% AMI Very Low- Income Households at an Affordable Rent.
(iii) Eight (8) of the one-bedroom Housing Units to 50% AMI Very Low- Income Households at an Affordable Rent.
(iv) Three (3) of the one-bedroom Housing Units to 60% AMI Low- Income Households at an Affordable Rent.
(v) Three (3) of the two-bedroom Housing Units to 30% AMI Very Low-Income Households at an Affordable Rent.
(vi) Two (2) of the two-bedroom Housing Units to 45% AMI Very Low- Income Households at an Affordable Rent.
(vii) Ten (10) of the two-bedroom Housing Units to 50% AMI Very Low- Income Households at an Affordable Rent.
(viii) Four (4) of the one-bedroom Housing Units to 60% AMI Low- Income Households at an Affordable Rent.
(ix) Three (3) of the three-bedroom Housing Units to 30% AMI Very Low-Income Households at an Affordable Rent.
(x) Two (2) of the three-bedroom Housing Units to 45% AMI Very Low-Income Households at an Affordable Rent.
(xi) Nine (9) of the three-bedroom Housing Units to 50% AMI Very Low-Income Households at an Affordable Rent.
(xii) Four (4) of the three-bedroom Housing Units to 60% AMI Low- Income Households at an Affordable Rent.
b. Affordable Rent. Affordable Rent shall be charged for all Housing Units for the applicable Affordability Period. The maximum Affordable Rent chargeable for the Housing Units shall be annually determined by Owner (and as charged and implemented by Developer) in accordance with the following requirements:
(i) The Affordable Rent for the Housing Units to be rented to 30% AMI Very Low-Income Households shall not exceed thirty percent (30%) of 30% of AMI for Fresno County as determined and published by TCAC for a family of a size appropriate to the Housing Unit.
(ii) The Affordable Rent for the Housing Units to be rented to 45%
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AMI Very Low-Income Households shall not exceed thirty percent (30%) of 45% of AMI for Fresno County as determined and published by TCAC for a family of a size appropriate to the Housing Unit.
(iii) The Affordable Rent for the Housing Units to be rented to 50% AMI Very Low-Income Households shall not exceed thirty percent (30%) of 50% of AMI for Fresno County as determined and published by TCAC for a family of a size appropriate to the Housing Unit.
(iv) The Affordable Rent for the Housing Units to be rented to 60% AMI Low-Income Households shall not exceed thirty percent (30%) of 60% of AMI for Fresno County as determined and published by TCAC for a family of a size appropriate to the Housing Unit.
Developer shall, and shall cause its Property Manager to, operate the Subject Property and cause occupancy of the Subject Property and all Housing Units thereon in conformity with these covenants and this Agreement.
For purposes of this Regulatory Agreement, “Affordable Rent” means the total of monthly payments for (a) use and occupancy of each Housing Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone service, or cable TV or internet services, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. No additional charge shall be assessed against tenant households of the Housing Units for any social or supportive services provided at the Subject Property and/or as a part of Developer’s compliance with the legal requirements imposed in connection with any Project Based Section 8 assistance pursuant to Section 4 below. c. Duration of Affordability Require ments; Affordability Period. the Subject Property and all the Housing Units thereon shall be subject to the requirements of this Section 2, et seq. for the full term of not less than fifty-five (55) years from the date that the Release of Construction Covenants is recorded against the Subject Property in the Official Records. The duration of these covenants and this requirement shall be known as the “Affordability Period.”
d. Selection of Tenants. Developer shall be responsible for the selection of tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a tenant selection system which shall be approved by City Manager and Executive Director in their reasonable discretion, which establishes a chronological waiting list system for selection of tenants, which sha ll be set forth in the Marketing Program and the Property Management Plan, both of which are required to be submitted by Developer and approved by Owner pursuant to Sections 408 and 410 of the Affordable Housing Agreement. Subject to applicable Fair Housing Laws, the Owner shall be afforded a first right of refusal in referring eligible tenants to Housing Units, in the following order of priority:
1 Note: Health and Safety Code Section 33334.3(f)(3)(B) requires this Notice of Affordability Restrictions to be printed in 14 p oint type or larger. 490217v1
(i) Low-Income Households or Very Low-Income Households, as applicable, who have been displaced from their residences due to programs or projects implemented by the Fresno Planning & Development Department; (ii) Low-Income Households or Very Low-Income Households, as applicable, who have applied for and have received rental vouchers from Fresno Housing Authority;
(iii) Low-Income Households or Ve ry Low-Income Households, as applicable, who are listed on Fresno Housing Authority’s waiting list for affordable housing and who live and/or work in Fresno; and
(iv) Low-Income Households or Very Low-Income Households, as applicable, who live and/or work in Fresno.
Developer shall not refuse to lease to a holder of a certificate of family participation under 24 CFR part 882 (Rental Certificate Program) or a rental voucher under 24 CFR part 887 (Rental Voucher Program) or to the holder of a comparable document evidencing participation in a program pursuant to the HOME Investment Partnership Act, 42 U.S.C. §12701, et seq. and the implementing regulations located at 24 CFR part 92, as such now exist and as may hereafter be amended, a Section 8 voucher program or other tenant-based assistance program, who is otherwise qualified to be a tenant in accordance with the approved tenant selection criteria (collectively, “Voucher Programs.”) e. Household Income Requirements. On or before one hundred twenty (120) days following the end of Developer’s fiscal year, commencing the first year after issuance of the first certificate of occupancy for the Subject Property, and annually thereafter, Developer shall prepare and submit to Owner, at Developer’s expense, a written summary of the income, household size, and rent payable by each of the tenants of the Housing Units at the Subject Property and, upon the written request of Owner, copies of each and all leases or rental agreements and the current rules and regulations for the Subject Property. At Owner’s request, Developer shall also provide to Owner completed income computation and certification forms, all in a form reasonably acceptable to Owner, for each and all tenants at the Subject Property. Developer shall obtain, or shall cause to be obtained by the Property Manager, a certification from each household leasing a Housing Unit at the Subject Property demonstrating that such household is a 30% AMI Very Low-Income Household, 45% AMI Very Low-Income Household, 50% AMI Very Low- Income Household, or 60% AMI Low-Income Household, as applicable and according to the Area Median Income annually determined and published by TCAC for Fresno County, and meets the eligibility and occupancy requirements established for the Housing Unit.
Developer shall verify, or shall cause to be verified by the Property Manager, the income and household size certification of the tenant household. f. [Intentionally omitted.]
g. Affordable Rent; Household Income Categories/Definitions. “30% AMI Very Low-Income Households” means those households earning not greater than thirty percent (30%) of Fresno County Area Median
1 Note: Health and Safety Code Section 33334.3(f)(3)(B) requires this Notice of Affordability Restrictions to be printed in 14 p oint type or larger. 490217v1
Income, adjusted for household size, which is set forth annually by regulation of TCAC.
“45% AMI Very Low-Income Households” means those households earning not greater than forty percent (45%) of Fresno County Area Median Income, adjusted for household size, which is set forth annually by regulation of TCAC.
“50% AMI Very Low-Income Households” means those households earning not greater than fifty percent (50%) of Fresno County Area Median Income, adjusted for household size, which is set forth annually by regulation of TCAC.
“60% Low-Income Households” means those households earning not greater than sixty percent (60%) of Fresno County Area Median Income, adjusted for household size, which is set forth annually by regulation of TCAC. “Very Low-Income” and/or “Very Low-Income Households” shall mean and include: (i) Very Low-Income households as defined in the Tax Credit Rules, (ii) 30% AMI Very Low-Incom e Households, (iii) 45% AMI Very Low- Income Households, and (iv) 50% AMI Very Low-Income Households. Very Low-Income Households include Extremely Low-Income Households, as defined in the Tax Credit Rules.
“Lower Income,” “Low-Income,” and/or “Lower Income
Households” shall mean and include both:
(i) lower income households as
defined in the Tax Credit Rules, and (ii) 60% AMI Low-Income Households.
Lower Income Households include Very Low-Income households and Extremely Low-Income households, as defined in the Tax Credit Rules.
4. Occupancy Limits. The maximum occupancy of the Housing Units in the Project shall not exceed more than such number of persons as is equal to two persons per bedroom, plus one. Thus, for the two (2) bedroom Housing Units, the maximum occupancy shall not exceed five (5) persons. For the three (3) bedroom Housing Units, the maximum occupancy shall not exceed seven (7) persons. The restrictions contained in the Regulatory Agreement expire fifty-five (55) years following the date the Release of Construction Covenants is recorded against the Subject Property in the Official Records of Fresno County, California. The Regulatory Agreement is being submitted for recordation contemporaneously with this Notice of Affordability Restrictions.
5. The Subject Property is located on E. Cesar Chavez Boulevard between S.
Seventh Street and S. Eighth Street in the City of Fresno.
6. The Assessor’s parcel number for the Subject Property is 470-052-01T, 470- 052-02T and 470-052-03T; such numbers are subject to change.
7. The legal description for the Subject Property is attached hereto as Exhibit A and is incorporated herein by reference.
8. The Regulatory Agreement, which incl udes the affordability restrictions
1 Note: Health and Safety Code Section 33334.3(f)(3)(B) requires this Notice of Affordability Restrictions to be printed in 14 p oint type or larger. 490217v1
referenced above, is expected to be submitted for recordation in the Office of the Fresno County Recorder contemporaneously with this Notice of Affordability Restrictions.
9. The AHA and the Regulatory Agreement both remain in full force and effect and are not amended or altered in any manner whats oever by this Notice of Affordability Restrictions.
10. Capitalized terms shall have the meaning established under the AHA (including all Attachments thereto) excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions.
11. Persons having questions regarding this Notice of Affordability Restrictions, the AHA or the Attachments thereto (including the Regulatory Agreement) should contact Owner at its offices (City - 2600 Fresno Street, Fresno, California 93721, HAS – 848 M Street, 3
rd floor, Fresno, California 93721, or such other address as may be designated by Owner from time to time).
[Signatures appear on following pages.]
1 Note: Health and Safety Code Section 33334.3(f)(3)(B) requires this Notice of Affordability Restrictions to be printed in 14 p oint type or larger. 490217v1
DEVELOPER:
1 Note: Health and Safety Code Section 33334.3(f)(3)(B) requires this Notice of Affordability Restrictions to be printed in 14 p oint type or larger. 490217v1
CITY:
CITY OF FRESNO,
A California municipal corporation
By: __________________________
Georgeanne A. White,
City Manager
CITY OF FRESNO,
a Municipal Corporation in its capacity as Housing
Successor to the Redevelopment Agency of the
City of Fresno
By: ______________________
Marlene Murphey
Executive Director
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tracy N. Parvanian Date
Assistant City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
490217v1
EXHIBIT A TO ATTACHMENT NO. 7
LEGAL DESCRIPTION
APN: 470-052-01T, 470-052-02T, 470-052-03T
All that certain real property situated in the County of Fresno, State of California, described as follows:
Parcel 1:
Lots 1, 2 and 3 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-01T
Parcel 2:
Lots 5, 6 and 7 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-03T
Parcel 3:
All of Lots numbered 4, 5, 6, 7.8, 9,10, 11, 12, 13, 14, 15, 16. 17. 18, 19, 20, 21.22 and 23, in Block 2 of the Lincoln Hill Addition to the Town, (now City) of Fresno, County of Fresno, State of California, according to the map recorded in Book 1, Page 71 of Plats, in the office of the County Recorder of said County.
APN: portion of 470-052-02T Parcel 4:
Lots 1 and 2 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 5:
490217v1
Lots 3 and 4 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County,
APN: portion of 470-052-02T
Parcel 6:
Lots 1 and 2 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 7:
Lots 3 and 4 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052 02T
Parcel 8:
Lots 4, 5, 6, 7, 8, 9 and 10 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
490217v1
ATTACHMENT NO. 8
REQUEST FOR NOTICE OF DEFAULT
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 6103.
REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924B
In accordance with California Civil Code Section 2924b request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deeds of Trusts recorded as Instrument Nos. ________________ and _________________ on ____________________, 202___ in the Official Records of Fresno County, California, and describing land therein as set forth in the legal description Exhibit A attached hereto and incorporated herein, executed by ______________________, a California limited partnership, as Trustor/Borrower in which ______________________, a ________________ is/are named as Beneficiary (ies), an __________________, ______________, is named as Trustee, be mailed to: City of Fresno, a municipal corporation, 2600 Fresno Street, Fresno, California 93721, Attention: City Manager and City of Fresno, in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno, 848 M. Street, 3rd floor, Fresno, California 93721, Attention: Executive Director. [Request continues on following page]
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Fresno
2600 Fresno Street
Fresno, CA 93721
Attention: City Manager
490217v1
NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE
WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS
RECORDED REQUEST. IF ADDRESS CHANGES, A NEW REQUEST
MUST BE RECORDED.
DEVELOPER:
[Signatures continue on following page.]
490217v1
[Signatures continue from previous page.]
CITY:
CITY OF FRESNO,
A California municipal corporation
By: __________________________
Georgeanne A. White,
City Manager
CITY OF FRESNO,
a Municipal Corporation in its capacity as Housing
Successor to the Redevelopment Agency of the
City of Fresno
By: ______________________
Marlene Murphey
Executive Director
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tracy N. Parvanian Date
Assistant City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
490217v1
EXHIBIT A TO ATTACHMENT NO. 8
LEGAL DESCRIPTION
APN: 470-052-01T, 470-052-02T, 470-052-03T
All that certain real property situated in the County of Fresno, State of California, described as follows:
Parcel 1:
Lots 1, 2 and 3 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-01T
Parcel 2:
Lots 5, 6 and 7 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-03T
Parcel 3:
All of Lots numbered 4, 5, 6, 7.8, 9,10, 11, 12, 13, 14, 15, 16. 17. 18, 19, 20, 21.22 and 23, in Block 2 of the Lincoln Hill Addition to the Town, (now City) of Fresno, County of Fresno, State of California, according to the map recorded in Book 1, Page 71 of Plats, in the office of the County Recorder of said County.
APN: portion of 470-052-02T Parcel 4:
Lots 1 and 2 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 5:
490217v1
Lots 3 and 4 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County,
APN: portion of 470-052-02T
Parcel 6:
Lots 1 and 2 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 7:
Lots 3 and 4 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052 02T
Parcel 8:
Lots 4, 5, 6, 7, 8, 9 and 10 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
490217v1
ATTACHMENT NO. 9
MEMORANDUM OF AGREEMENT
This document is exempt from the payment of a
recording fee pursuant to Government Code §§
6103 and 27383.
MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT
This MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT
(Memorandum) is hereby entered into as of , 20 _ by and between the CITY OF FRESNO, a municipal corporation (City), the CITY OF FRESNO, in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno (HSA), and ________________ (Developer). The City and HSA shall be collectively referred to as Owner.
RECITALS
A. Owner and Developer have entered into that certain “Affordable Housing Agreement,” dated as of __________________; in implementation of the Affordable Housing Agreement, Owner and Developer entered into that certain Ground Lease each dated as of ___________ (together, the “AHA”). Pursuant to the AHA, Owner agreed to convey a ground leasehold interest in that certain parcel of real property, which is legally described in Exhibit A attached hereto and incorporated herein by reference (Subject Property). Developer has agreed to lease the Subject Property from Owner therefor and to construct, develop and operate an affordable rental project thereon. Copies of the Affordable Housing Agreement are available for public inspection at City’s office at 2600 Fresno Street, Suite _____, Fresno, Californi a. The Affordability Period (defined in the AHA) for the Project commences the date the Memorandum of Ground Lease for the Project is recorded in the Official Records of Fresno County, California, and expires on the fifty-fifth (55th) anniversary of the recordation of the Certificate of Completion for the Project against the Subject Property according to Section 305 of the Affordable Housing Agreement.
B. The AHA provides that a short form memorandum of the AHA shall be executed and recorded in the Official Records of Fresno County, California.
NOW, THEREFORE, the parties hereto certify as follows:
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Fresno
2600 Fresno Street
Fresno, CA 93721
Attention: City Manager
490217v1
Pursuant to the AHA, the parties have certain rights and obligations relating to the development and operation of an affordable rental project on the Subject Property by Developer in the AHA for a term of over 55-years. This Memorandum is not a complete summary of the AHA and shall not be used to interpret the provisions of the AHA.
CITY:
CITY OF FRESNO, a municipal corporation
By:
Georgeanne A. White
City Manager
CITY OF FRESNO,
a Municipal Corporation in its capacity as Housing
Successor to the Redevelopm ent Agency of the City of
Fresno
By: __________________________________
Marlene Murphey
Executive Director
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:_________________________
Tracy N. Parvanian Date
Assistant City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
[Signatures continue on following page.]
490217v1
[Signatures continue from previous page.]
DEVELOPER:
490217v1
EXHIBIT A TO ATTACHMENT NO. 9
LEGAL DESCRIPTION
APN: 470-052-01T, 470-052-02T, 470-052-03T
All that certain real property situated in the County of Fresno, State of California, described as follows:
Parcel 1:
Lots 1, 2 and 3 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-01T
Parcel 2:
Lots 5, 6 and 7 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: 470-052-03T
Parcel 3:
All of Lots numbered 4, 5, 6, 7.8, 9,10, 11, 12, 13, 14, 15, 16. 17. 18, 19, 20, 21.22 and 23, in Block 2 of the Lincoln Hill Addition to the Town, (now City) of Fresno, County of Fresno, State of California, according to the map recorded in Book 1, Page 71 of Plats, in the office of the County Recorder of said County.
APN: portion of 470-052-02T Parcel 4:
Lots 1 and 2 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 5:
Lots 3 and 4 in Block 8 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County,
APN: portion of 470-052-02T
Parcel 6:
490217v1
Lots 1 and 2 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
Parcel 7:
Lots 3 and 4 in Block 9 of Kenmore Park, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052 02T
Parcel 8:
Lots 4, 5, 6, 7, 8, 9 and 10 in Block 10 of Kenmore Park, in the City of Fresno, County of Fresno State of California, according to the map thereof recorded in Book 7, Page 4 of Record of Surveys, in the office of the County Recorder of said County.
APN: portion of 470-052-02T
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ATTACHMENT NO. 10
Federal Requirements
False Information
Bidder is advised that providing false, fictitious or misleading information with respect to CDBG funds may result in criminal, civil or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute. Bidder shall promptly refer to City and HUD’s Office of the Inspector General any credible evidence that a principal, employee, agent, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG funds. Bidder shall ensure that contractual language in third party contracts enforces these provisions.
Access to Project Site and Records
Bidder will provide access to the City, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Contractor will retain all required records for three years after final payments are made and all other pending matters are closed.
Bidder will provide suitable acce ss to the project site at all reasonable times during construction to the City, HUD, the Comptroller General of the United States, or any of their duly authorized representatives. Contractor shall also meet all reporting requirements to allow City to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282).
Equal Employment Opportunity
Bidder shall abide by all Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. All contracts and subcontracts entered into will contain the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate agains t any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
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(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of t he sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Reporting Requirements
Bidder and any proposed s ubcontractor shall comply with the filing requirements of 41 CFR §60-1.7 by filing Standard Form 100 (EEO-1) only if (1) the bidder has 50 or more employees; and (2) the contract value will be greater than $50,000.
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Bidder and any proposed subcontractor shall complete the Affirmative Action Program Certification of Compliance only if (1) the bidder has 50 or more employees; (2) the work is for non-construction supply or service; and (2) the contract value will be greater than $50,000.
Elimination of Segregated Facilities
Bidder shall ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensuring that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. This obligation extends to all contracts containing the equal opportunity clause regardless of the amount of the contract. The term “facilities,” as used in this section, means waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, wash rooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees; Provided, That separate or single- user restrooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes.
Suspension and Debarment
By submitting a bid/proposal under this solicitation, the Bidder certifies that neither it nor any person or firm who has an interest in the Bidder’s firm is a person or firm ineligible to be awarded Government contracts, contracts or participate in programs pursuant to 2 CFR Part 180.
The Bidder agrees that no part of this work shall be subcontracted to any person or parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235). In addition, bidders shall ensure that contractual language in third party contracts enforce this provision.
Subcontracting
The Bidder shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms described in Executive Orders 11625, 12432 and 12138, and 2 CFR part 200:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
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5. Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies.
Definitions:
Disadvantaged business enterprise (DBE) means an entity owned or controlled by a socially and economically disadvantaged individual as described by Public Law 102-389 (42 U.S.C. 4370d) or an entity owned and controlled by a socially and economically disadvantaged individual as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note); a Small Business Enterprise (SBE); a Small Business in a Rural Area (SBRA); or a Labor Surplus Area Firm (LSAF), a Histori cally Underutilized Business (HUB) Zone Small Business Concern, or a concern under a successor program.
Labor surplus area firm (LSAF) means a concern that together with its first-tier subcontractors will perform substantially in labor surplus areas (as identified by the Department of Labor in accordance with 20 CFR part 654). Performance is substantially in labor surplus areas if the costs incurred under the contract on account of manufacturing, production or performance of appropriate services in labor surplus areas exceed 50 percent of the contract price.
Minority business enterprise (MBE) means a business enterprise that is at least 51 percent owned by a minority group or groups including: a Disadvantaged Business Enterprise (DBE) other than a Small Business Enterprise (SBE), a Labor Surplus Area Firm (LSAF), a Small Business in Rural Areas (SBRA), or a Women's Business Enterprise (WBE).
Small business, small business concern or small business enterprise (SBE) means a concern, including its affiliates, that is independently ow ned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR part 121.
Women's business enterprise (WBE) means a business concern which is at least 51% owned or controlled by women. Determination of ownership by a married woman in a community property jurisdiction will not be affected by he r husband's 50 percent interest in her share.
Similarly, a business concern which is more than 50 percent owned by a married man will not become a qualified WBE by virtue of his wife's 50 percent interest in his share.
PROCUREMENT OF RECOVERED MATERIALS
Bidder must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
ENERGY EFFICIENCY
Bidder will comply with mandatory standards and po licies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation (42 U.S.C. 6201).
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ATTACHMENT NO. 11
TCAC Standstill Agreement