4905-7533-9338v1/200382-0007
50079.5
. (a) “Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually. (b)
“Lower income households” includes very low income households, as defined in Section 50105, and extremely low income households, as defined in Section 50106. The addition of this subdivision does not constitute a change in, but is declaratory of, existing law. (c
)
As used in this section, “area median income” means the median family income of a geographic area of the state.
50093. “Persons and families of low or moderate income” means persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. However, the agency and the department jointly, or either acting with the concurrence of the Secretary of Business, Consumer Services and Housing, may permit the agency to use higher income limitations in designated geographic areas of the state, upon a determination that 120 percent of the median income in the particular geographic area is too low to qualify a substanti al number of persons and families of low or moderate income who can afford rental or home purchase of housing financed pursuant to Part 3 (commencing with Section 50900) without subsidy. “Persons and families of low or moderate income” includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079.5, and includes persons and families of extremely low income, persons and families of very low income, persons and families of low income, persons and families of moderate income, and middle-income families. As used in this division:
(a
)
“Persons and families of low income” or “persons of low income” means persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division. (b)
“Persons and families of moderate income” or “middle -income families” means persons and families of low or moderate income whose income exceeds the income limit for lower income households.
(c)
“Persons and families of median income” means persons and families whose income does not exceed the area median income, as adjusted by the department for family size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.
As used in this section, “area median income” means the median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. In the event these federal
determinations of area median income are discontinued, the department shall establish and publish as regulations income limits for persons and families of median income for all geographic areas of the state at
100 percent of area median income, and for persons and families of low or moderate income for all geographic areas of the state at 120 percent of area median income. These income limits shall be adjusted for family size and shall be revised annually.
For purposes of this section, the department shall file, with the Office of Administrative La w, any changes in area median income and income limits determined by the United States Department of Housing and Urban Development, together with any consequent cha nges in other derivative income limits determined by the department pursuant to this section. These filings shall not be subject to Article 5 (commencing with Section 11346) or Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, but shall be effective upon filing with the Office of Administrative Law and shall be published as soon as possible in the California Regulatory Code Supplement and the California Code of Regulations.
The department shall establish and publish a general definition of income, including inclusions, exclusions, and allowances, for qualifying persons under the income limits of this section and Sections 50079.5, 50105, and 50106 to be used where no other federal or state definitions of income apply. This definition need not be established by regulation.
Nothing in this division shall prevent the agency or the department from adopting separate family size adjustment factors or programmatic definitions of income to qualify households, persons, and families for programs of the agency or department, as the case may be.
Exhibit B
To Homebuyer Covenants
Health and Safety Code Sections 50052.5, 50053, 50079.5, and 50093
4905-7533-9338v1/200382-0007
Exhibit E
To Density Bonus Housing Agreement
Income Computation and Certification Form
4905-7533-9338v1/200382-0007
EXHIBIT “E”
TO DENSITY BONUS HOUSING AGREEMENT
Income Computation and Certification Form
[Attached]
Exhibit E
To Density Bonus Housing Agreement
Income Computation and Certification Form
4905-7533-9338v1/200382-0007
TENANT INCOME CERTIFICATION INSTRUCTIONS
Income is calculated prior to initial occupancy and at least annually thereafter for all persons who are a party to the lease or who live in an Affordable Home. The Owner shall submit to the Authority a completed Tenant Income Certification for each Tenant occupying an Affordable Home during any portion of the reporting period. Tenant Income Certifications shall be submitted together with the project’s Annual Affordable Housing Rental Report.
The Owner shall obtain income verification from each Tenant of an Affordable Home and shall certify that to the best of his/her knowledge, the tenant is eligible and meets the requirements established for the particular Affordable Home . The Owner shall verify tenant income in one of the following methods:
1. Obtain two (2) paycheck stubs from the tenant’s two (2) most recent pay periods,
2. Obtain a written verification of income and employment from the tenant’s current employer,
3. Obtain an income verification form from the Social Security Administration and/or California Department of Social Services if the tenant receives assistance from either agency,
4. If the tenant is unemployed and did not file a tax return for the previous calendar year, obtain other verification of income as is reasonable satisfactory.
Tenant Income is calculated as gross income (before taxes and payroll deductions) for all household members.
If, after renting an Affordable Home to an eligible household, the Tenant’s income increases above the income level permitted for that unit as demonstrated at the time of recertification, the household will be given 180 days to move from the Affordable Home. Alternatively, the Owner may designate an alternative comparable vacant unit as an Affordable Home that will be rented subject to affordability restrictions.
Owner shall submit to the Authority an updated Affordable Housing Rental Report and Tenant Income Certifications on or before the end of the first calendar quarter of the year following the year covered by the reports. Owner shall retain such records for a period of five years after the date the respective records were created.
4905-7533-9338v1/200382-0007
TENANT INCOME CERTIFICATION
☐ Initial Certification ☐ 1st Recertification ☐ Other
Effective Date:
Move-in Date:
(MM/DD/YYYY)
PART I - DEVELOPMENT DATA
Property Name: County: BIN #:
Address: Unit Number: # Bedrooms:
PART II. HOUSEHOLD COMPOSITION
HH
Mbr #
Last Name
First Name & Middle
Initial
Relationship to Head
of Household
Date of Birth
(MM/DD/YYYY)
F/T Student
(Y or N)
Social Security
or Alien Reg. No.
1 HEAD
2 3
4 5
6 7
PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS)
HH
Mbr #
(A)
Employment or Wages
(B)
Soc. Security/Pensions
(C)
Public Assistance
(D)
Other Income
TOTALS $ $ $ $
Add totals from (A) through (D), above TOTAL INCOME (E): $
PART IV . INCOME FROM ASSETS
Hshld
Mbr #
(F)
Type of Asset
(G)
C/I
(H)
Cash Value of Asset
(I)
Annual Income from Asset
TOTALS: $ $
Enter Column (H) Total Passbook Rate
$ If over $5000 $ X 2.00% = (J) Imputed Income
Enter the greater of the total of column I, or J: imputed income TOTAL INCOME FROM ASSETS (K) $
(L) Total Annual Household Income from all Sources [Add (E) + (K)] $
The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in Part II acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the household moving out of the unit or any new member moving in. I/we agree to notify the landlord immediately upon any member becoming a full time student.
Under penalties of perjury, I/we certify that the information presented in this Certification is true and accurate to the best of my/our knowledge and belief . The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete information may result in the termination of the lease agreement.
Signature
(Date)
Signature
(Date)
Signature
(Date)
Signature
(Date)
HOUSEHOLD CERTIFICATION & SIGNATURES
4905-7533-9338v1/200382-0007
PART V . DETERMINATION OF INCOME ELIGIBILITY
RECERTIFICATION ONLY:
TOTAL ANNUAL HOUSEHOLD INCOME
FROM ALL SOURCES:
From item (L) on page 1
$
Current Income Limit x 140%:
$
Household Income exceeds 140% at
recertification:
☐ Yes ☐ No
Current Income Limit per Family Size: $
Household Income at Move-in:
$
Household Size at Move-in:
PART VI. RENT
Tenant Paid Rent $ Rent Assistance: $
Utility Allowance $ Other non-optional charges: $
GROSS RENT FOR HOME: Unit Meets Rent Restriction at:
(Tenant paid rent plus Utility Allowance &
other non-optional charges) $ ☐ 60% ☐ 50% ☐ 40% ☐ 30% ☐ % Maximum Rent Limit for this unit: $
PART VII. STUDENT STATUS
*Student Explanation:
ARE ALL OCCUPANTS FULL TIME STUDENTS? If yes, Enter student explanation* 1 AFDC / TANF Assistance (also attach documentation) 2 Job Training Program
☐ yes ☐ no 3 Single Parent/Dependent Child
4 Married/Joint Return
Enter
1-5
5 Former Foster Care
PART VIII. PROGRAM TYPE
Mark the program(s) listed below (a. through e.) for which this household’s unit will be counted toward the property’s occupancy requirements.
Under each program marked, indicate the household’s income status as established by this certification/recertification. a. Tax Credit ☐
See Part V above.
b. HOME ☐
Income Status
☐ ≤ 50% AMGI
☐ ≤ 60% AMGI
☐ ≤ 80% AMGI
☐ OI**
c. Tax Exempt ☐
Income Status
☐ 50% AMGI
☐ 60% AMGI
☐ 80% AMGI
☐ OI**
d. AHDP ☐
Income Status
☐ 50% AMGI
☐ 80% AMGI
☐ OI**
e. ☐
(Name of Program)
Income Status
☐
☐
☐ OI**
** Upon recertification, household was determined over-income (OI) according to eligibility requirements of the program(s) marked above.
Based on the representations herein and upon the proofs and documentation required to be submitted, the individual(s) named in Part II of this Tenant Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the Land Use Restriction Agreement (if applicable), to live in a unit in this Project.
SIGNATURE OF OWNER/REPRESENTATIVE DATE
SIGNATURE OF OWNER/REPRESENTATIVE
Tenant Income Certification (March 2009)
4905-7533-9338v1/200382-0007
INSTRUCTIONS FOR COMPLETING
TENANT INCOME CERTIFICATION
This form is to be completed by the owner or an authorized representative.
Part I - Development Data
Check the appropriate box for Initial Certification (move-in), Recertification (annual recertification), or Other. If Other, designate the purpose of the recertification (i.e., a unit transfer, a change in household composition, or other state-required recertification).
Move-in Date Enter the date the tenant has or will take occupancy of the unit.
Effective Date Enter the effective date of the certification. For move-in, this should be the move-in date. For annual recertification, this effective date should be no later than one year from the effective date of the previous (re)certification.
Property Name Enter the name of the development.
County Enter the county (or equivalent) in which the building is located.
BIN # Enter the Building Identification Number (BIN) assigned to the building (from IRS Form 8609).
Address Enter the address of the building.
Unit Number Enter the unit number.
# Bedrooms Enter the number of bedrooms in the unit.
Part II - Household Composition
List all occupants of the unit. State each household member’s relationship to the head of household by using one of the following coded definitions:
H - Head of Household S - Spouse
A - Adult co-tenant O - Other family member
C - Child F - Foster child(ren)/adult(s)
L - Live-in caretaker N - None of the above
Enter the date of birth, student status, and social security number or alien registration number for each occupant.
If there are more than 7 occupants, use an additional sheet of paper to list the remaining household members and attach it to the certification.
Part III - Annual Income
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable forms of verification.
From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received f or the twelve months from the effective date of the (re)certification. Complete a separate line for each income-earning member. List each respective household member number from Part II. Include anticipated income only if documentation exists verifying pending employment. If any adult states zero-income, please note “zero” in the columns of Part III.
Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from employment; distributed profits and/or net income from a business.
Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military retirement, etc.
Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance, disability, etc.).
Tenant Income Certification (March 2009)
4905-7533-9338v1/200382-0007
Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income regularly received by the household.
Row (E) Add the totals from columns (A) through (D), above. Enter this amount.
Part IV - Income from Assets
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, including acceptable forms of verification.
From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received dur ing the twelve months from the effective date of the certification. List the respective household member number from Part II and complete a separate line for each member.
Column (F) List the type of asset (i.e., checking account, savings account, etc.) Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the family has disposed of the asset for less than fair market value within two years of the effective date of (re)certification).
Column (H) Enter the cash value of the respective asset.
Column (I) Enter the anticipated annual income from the asset (i.e., savings account balance multiplied by the annual interest rate).
TOTALS Add the total of Column (H) and Column (I), respectively.
If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income . Enter the Total Cash Value, multiply by 2% and enter the amount in (J), Imputed Income.
Row (K)
Row (L)
Enter the greater of the total in Column (I) or (J)
Total Annual Household Income From all Sources Add (E) and (K) and enter the total
HOUSEHOLD CERTIFICATION AND SIGNATURES
After all verifications of income and/or assets have been received and calculated, each household member age 18 or older must sign and date the Tenant Income Certification. For move-in, it is recommended that the Tenant Income Certification be signed no earlier than 5 days prior to the effective date of the certification.
Part V – Determination of Income Eligibility
Total Annual Household Income
from all Sources
Enter the number from item (L).
Current Income Limit per Family
Size
Enter the Current Move-in Income Limit for the household size.
Household income at move-in
Household size at move-in
For recertifications, only. Enter the household income from the move-in certification. On the adjacent line, enter the number of household members from the move-in certification.
Household Meets Income
Restriction
Check the appropriate box for the income restriction that the household meets according to what is required by the set-aside(s) for the project.
Current Income Limit x 140% For recertifications only. Multiply the Current Maximum Move-in Income Limit by 140% and enter the total. 140% is based on the Federal Set-Aside of 20/50 or 40/60, as elected by the owner for the property, not deeper targeting elections of 30%, 40%, 45%, 50%, etc. Below, indicate whether the household income exceeds that total. If the Gross Annual Income at recertification is greater than 140% of the current income limit, then the available unit rule must be followed.
Tenant Income Certification (March 2009)
4905-7533-9338v1/200382-0007
Part VI - Rent
Tenant Paid Rent Enter the amount the tenant pays toward rent (not including rent assistance payments such as Section 8).
Rent Assistance Enter the amount of rent assistance, if any.
Utility Allowance Enter the utility allowance. If the owner pays all utilities, enter zero.
Other non-optional charges Enter the amount of non-optional charges, such as mandatory garage rent, storage lockers, charges for services provided by the development, etc.
Gross Rent for Unit Enter the total of Tenant Paid Rent plus Utility Allowance and other non-optional charges.
Maximum Rent Limit for this unit Enter the maximum allowable gross rent for the unit.
Unit Meets Rent Restriction at Check the appropriate rent restriction that the unit meets according to what is required by the set-aside(s) for the project.
Part VII - Student Status
If all household members are full time* students, check “yes”. If at least one household member is not a full time student, check “no”.
If “yes” is checked, the appropriate exemption must be listed in the box to the right. If none of the exemptions apply, the household is ineligible to rent the unit.
*Full time is determined by the school the student attends.
Part VIII – Program Type
Mark the program(s) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification. If the property does not participate in the HOME, Tax-Exempt Bond, Affordable Housing Disposition, or other housing program, leave those sections blank.
Tax Credit See Part V above.
HOME If the property participates in the HOME program and the unit this household will occupy will count towards the HOME program set-asides, mark the appropriate box indicting the household’s designation.
Tax Exempt If the property participates in the Tax Exempt Bond program, mark the appropriate box indicating the household’s designation.
AHDP If the property participates in the Affordable Housing Disposition Program (AHDP), and this household’s unit will count towards the set-aside requirements, mark the appropriate box indicting the household’s designation.
Other If the property participates in any other affordable housing program, complete the information as appropriate.
SIGNATURE OF OWNER/REPRESENTATIVE
It is the responsibility of the owner or the owner’s representative to sign and date this document immediately following exec ution by the resident(s).
The responsibility of documenting and determining eligibility (including completing and signing the Tenant Income Certification form) and ensuring such documentation is kept in the tenant file is extremely important and should be conducted by someone we ll trained in tax credit compliance.
These instructions should not be considered a complete guide on tax credit compliance. The responsibility for compliance with federal program regulations lies with the owner of the building(s) for which the credit is allowable.
Exhibit G
to Density Bonus Housing Agreement
Unit Release
4905-7533-9338v1/200382-0007
EXHIBIT “G”
TO DENSITY BONUS HOUSING AGREEMENT
Unit Release
[Attached]
Exhibit G
to Density Bonus Housing Agreement
Unit Release
4905-7533-9338v1/200382-0007
RECORDED AT THE REQUEST OF AND
WHEN RECORDED RETURN TO:
Moreno Valley Housing Authority
Community Development Department
201 North Broadway
Escondido, CA 92025-2798
Attn: Director of Community Development
(SPACE ABOVE THIS LINE FOR RECORDER’S USE)
This Unit Release from Regulatory Agreement and Homebuyer Loan Agreement is recorded at the request and for the benefit of the Moreno Valley Housing Authority and is exempt from the payment of a recording fee pursuant to Government Code Sections 6103 27383.
HOME RELEASE FROM REGULATORY AGREEMENT
AND DENSITY BONUS AGREEMENT
This HOME RELEASE FROM REGULATORY AGREEMENT AND DENSITY BONUS AGREEMENT (“Unit Release”) is being entered into by and between the MORENO V ALLEY HOUSING AUTHORITY, a public body corporate and politic (“Authority”), and BUSINESS OWNER NAME, a __________ company (“Owner”). Authority and Owner are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.” R E C I T A L S:
A. Owner is the owner in fee of that certain residential unit(s) number(s) __________, located at Address in the Moreno Valley Housing Authority , and said residential unit(s) are more particularly described in the legal description attached hereto as Exhibit 1 (“Released Unit(s)”) and incorporated by this reference.
B. On or about __________, 20__, Owner and Authority entered into that certain Homebuyer Loan Agreement (“Homebuyer Loan Agreement ”) relating to the Property . The Homebuyer Loan Agreement is a public record and is available for inspection and copying in the office of the Authority Secretary/City Clerk located at 14177 Frederick Street, Moreno Valley, California 92552. Any capitalized terms not defined herein shall have the meanings ascribed to such terms in the Homebuyer Loan Agreement.
C. The Owner has developed on the Property an up to ________ (__) unit residential community (“Project”). Pursuant to a Authority condition of approval for the Project and the Homebuyer Loan Agreement, Owner was required to develop ______ (__) of said units (“Affordable Homes”) to be rented at Affordable Rent or sold at Affordable Housing Cost to Very Low Income Households, Low Income Households, and Moderate Income Households. The remaining units in the Project may be sold without restriction as to sale price and the buyers are not subject to any eligibility criteria under the Homebuyer Loan Agreement or its attachments (“Market Rate Affordable Homes”).
Exhibit G
to Density Bonus Housing Agreement
Unit Release
4905-7533-9338v1/200382-0007
D. Pursuant to the Homebuyer Loan Agreement , as to each Affordable Home, upon the transfer of the Affordable Home to a Qualified Homebuyer in accordance with all requirements of the Homebuyer Loan Agreement , including the recording of the Homebuyer Covenant against the Affordable Home, Owner and Authority may execute and record or cause to be executed and recorded for the benefit of the Released Unit(s) this Unit Release, whereupon the Released Unit(s) would be released from the terms and conditions of the Homebuyer Loan Agreement.
E. Pursuant to the Homebuyer Loan Agreement, as to the Market Rate Affordable Homes, so long as Owner is in compliance with the Homebuyer Loan Agreement and has designated no less than ___ (#) Affordable Homes as Affordable Homes pursuant to Section 8.3 of this Agreement, then Owner shall have the right at the time it offers the Market Rate Affordable Homes for sale to request that Authority execute a Unit Release for any and all Market Rate Affordable Homes that have been offered for sale. Owner’s request for a Unit Release shall be in writing and shall specify the Affordable Homes that have been designated Market Rate Affordable Homes and Affordable Home s. Upon Authority’s receipt of a request by Owner to execute a Unit Release for any Market Unit that has been offered for sale, Authority shall have the right to verify that the sale of Market Rate Affordable Homes will not result in less than ___ (#) of the Affordable Homes being designated as Affordable Homes. If Authority determines the proposed sale of the Market Rate Affordable Homes will not result in less than __(#) of the Affordable Homes being designated as Affordable Home s, then Authority shall deliver to Owner an executed and notarized Unit Release for the Market Rate Affordable Homes that have been offered for sale and Owner shall be required to use commercially reasonable diligence to sell the Market Rate Affordable Homes.
C O V E N A N T S:
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, Owner and Authority agree as follows:
1. From and after the date that this Unit Release is recorded, the Released Unit(s) shall not be bound or burdened by any of the provisions set forth or referred to in the Homebuyer Loan Agreement.
2. Authority shall cooperate in executing any further or additional documents, in recordable form if necessary, as may be reasonably requested by any existing or prospective owner or holder of a mortgage or deed of trust of, in, or to any of the Released Unit(s) to confirm said Unit Release. The form of any such additional documents shall be prepared by such existing or prospective owner or holder at no cost to Authority, and shall be in a form approved by the Authority Attorney.
3. Nothing in this Unit Release terminates or releases, or shall be deemed or construed to terminate or release, the Homebuyer Covenantrecorded against each For Sale Affordable Home owned in fee by a Qualified Homebuyer or said Qualified Homebuyer’s successor in interest or assignee.
4. This Unit Release shall not constitute evidence of compliance with or satisfaction of any obligation of Owner to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction or operation of work on the Released Unit(s), or any part thereof.
Exhibit G
to Density Bonus Housing Agreement
Unit Release
4905-7533-9338v1/200382-0007
5. No later than ten (10) days after receipt by Owner of a conformed copy of the executed Unit Release from the Riverside County Recorder’s Office, Owner shall deliver a copy of said conformed copy to Authority at the address identified in the Regulatory Agreement for delivery of notices.
IN WITNESS WHEREOF, Authority has executed this Unit Release from as of this _____ day of __________, ____.
MORENO V ALLEY HOUSING AUTHORITY,
a public body corporate and politic
By:
Its:
APPROVED AS TO FORM:
OFFICE OF THE AUTHORITY ATTORNEY
MICHAEL R. MCGUINNESS, AUTHORITY ATTORNEY
BY:
Dare DeLano, Assistant Authority Attorney
Exhibit G
to Density Bonus Housing Agreement
Unit Release
4905-7533-9338v1/200382-0007
On behalf of ____________ [OR PERMITTED SUCCESSOR OR ASSIGNEE] I hereby consent to the recordation of this Unit Release for the benefit of the Released Unit(s) described herein.
Dated: “OWNER”
By:
4905-7533-9338v1/200382-0007
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I 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
SIGNATURE OF NOTARY PUBLIC
4905-7533-9338v1/200382-0007
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I 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
SIGNATURE OF NOTARY PUBLIC
Exhibit 1
To Unit Release
Legal Description of Released Unit(s)
4905-7533-9338v1/200382-0007
ATTACHMENT 1
TO HOME RELEASE
LEGAL DESCRIPTION OF RELEASED HOME(S)
[Attached]
Exhibit 1
To Unit Release
Legal Description of Released Unit(s)
4905-7533-9338v1/200382-0007
[REPLACE THIS PAGE WITH LEGAL DESCRIPTION OF RELEASED HOME(S), ONCE KNOWN]
Exhibit “H”
To Density Bonus Housing Agreement
Termination and Release
4905-7533-9338v1/200382-0007
EXHIBIT “H”
TO DENSITY BONUS HOUSING AGREEMENT
Termination and Release
[Attached]
Exhibit “H”
To Density Bonus Housing Agreement
Termination and Release
4905-7533-9338v1/200382-0007
RECORDED AT THE REQUEST OF AND
WHEN RECORDED RETURN TO:
Moreno Valley Housing Authority
Community Development Department
201 North Broadway
Escondido, CA 92025-2798
Attn.: Director of Community Development
(SPACE ABOVE THIS LINE FOR RECORDER’S USE)
This Termination and Release is recorded at the request and for the benefit of the Moreno V alley Housing Authority and is exempt from the payment of a recording fee pursuant to Government Code Sections 6103 and 27383.
TERMINATION AND RELEASE
This TERMINA TION AND RELEASE (“Termination and Release”) is being entered into by and between the MORENO V ALLEY HOUSING AUTHORITY, a public body corporate and politic (“Authority”), and ________________, a _______________ company (“ Owner”). Authority and Owner are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.”
R E C I T A L S:
A. Owner is the owner in fee of that certain real property located at __________________
_, consisting of approximately ____ net acres of land, and more particularly described in the legal description attached hereto as Exhibit 1 and incorporated herein by this reference (“Property”).
B. On or about , Owner and Authority entered into that certain Homebuyer Loan Agreement (“Homebuyer Loan Agreement”) relating to the Property. The Homebuyer Loan Agreement is a public record and is available for inspection and copying in the office of the Authority Secretary/City Clerk located at 14177 Frederick Street, Moreno Valley, California 92552. Any capitalized terms not defined herein shall have the meanings ascribed to such terms in the Homebuyer Loan Agreement.
C. The Owner has developed on the Property an up to __________ (__) unit residential c
ommunity (“Project”). Pursuant to a Authority condition of approval for the Project and the Homebuyer Loan Agreement, Owner was required to develop _______ (__) of said units (“Affordable Homes”) to be rented at Affordable Rent or sold at Affordable Housing Cost to Very Low Income Households, Low Income Households, and Moderate Income Households.
D. The H omebuyer Loan Agreement was recorded on __________, 20__, as Instrument No. __________ of the Official Records for Riverside County, California, to provide constructive notice thereof to any successors or assigns of Owner’s fee interest of the Property, and to memorialize and impose the restrictive covenants, including the affordability covenants that no less than _______ (__) Affordable Homes were to be rented at Affordable Rent to Very Low Income Households, Low Exhibit “H”
To Density Bonus Housing Agreement
Termination and Release
4905-7533-9338v1/200382-0007
Inc
ome Households, and Moderate Income Households during the Project Rental Period, or sold to Very Low Income Households, Low Income Households, and Moderate Income Households at Affordable Housing Cost as set forth in the Homebuyer Loan Agreement.
E. Pursuant to the Homebuyer Loan Agreement, upon t he earlier of: (i) the completion of the recording of Affordable Housing Covenants against each For Sale Affordable Home, and no sooner than the recording of the last Homebuyer Covenant against the last For Sale Affordable Home purchased by a Qualified Homebuyer, or (ii) the expiration of the Total Affordability Term with respect to each Affordable Home, Owner and Authority are required to execute and record or cause to be executed and recorded for the benefit of the Property this Termination and Release, whereupon the Property and Project would be released from the terms and conditions of the Homebuyer Loan Agreement, and Owner would be released from all obligations thereunder except as to the Survival Obligations as defined below.
C O V E N A N T S:
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, Owner and Authority agree as follows:
1. From and after the date that this Termination and Release is recorded, neither the Property nor the Project shall be bound or burdened by any of the provisions set forth or referred to in the Homebuyer Loan Agreement ; provided, however, Owner shall continue to be bound by the obligations in the Homebuyer Loan Agreement referenced in Section 6 of the Homebuyer Loan Agreement as surviving the termination (“Survival Obligations”).
2. Authority shall cooperate in executing any further or additional documents, in recordable form as necessary, as may be reasonably requested by any existing or prospective owner or holder of a mortgage or deed of trust of, in, or to any of the Property and/or Project to confirm said Termination and Release . The form of any such additional documents shall be prepared by such existing or prospective owner or holder at no cost to Authority, and shall be in a form approved by the Authority Attorney.
3. Authority does hereby certify that Owner is released from any further obligations set forth in the Homebuyer Loan Agreement except for the Survival Obligations.
4. Nothing in this Termination and Release terminates or releases, or shall be deemed or construed to terminate or release, the Homebuyer Covenantrecorded against each For Sale Affordable Home owned in fee by a Qualified Homebuyer or said Qualified Homebuyer’s successor in interest or assignee or any documents executed in connection with the Affordable Housing Covenants including the documents attached as exhibits thereto.
5. This Termination and Release shall not constitute evidence of compliance with or satisfaction of any obligation of Owner to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction or operation of work on the Property, or any part thereof.
Exhibit “H”
To Density Bonus Housing Agreement
Termination and Release
4905-7533-9338v1/200382-0007
[s
ignatures on next page]
Exhibit “H”
To Density Bonus Housing Agreement
Termination and Release
4905-7533-9338v1/200382-0007
I
N WITNESS WHEREOF, Authority has executed this Termination and Release as of this _____ day of __________, ____.
MORENO V ALLEY HOUSING AUTHORITY,
a public body corporate and politic
By:
Its:
ATTEST:
Authority Clerk
On behalf of _____________________, a _________________ company, [OR SUCCESSOR OR ASSIGNEE] I hereby consent to the recordation of this Termination and Release for the benefit of the Property described herein.
Dated: “OWNER”
By:
4905-7533-9338v1/200382-0007
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I 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
SIGNATURE OF NOTARY PUBLIC
4905-7533-9338v1/200382-0007
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I 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
SIGNATURE OF NOTARY PUBLIC
Exhibit 1
To Termination and Release of
Legal Description of Property
4905-7533-9338v1/200382-0007
ATTACHMENT 1
TO TERMINATION AND RELEASE OF
LEGAL DESCRIPTION OF PROPERTY
Attachment No. 6
Exhibit E -- Notice of Affordability Restrictions
4874-8142-1779v5/200382-0007
EXHIBIT E
NOTICE OF AFFORDABILITY RESTRICTIONS
[subject to update in connection with initial sales of Affordable Homes]
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN
TO:
Moreno Valley Housing Authority
14177 Frederick Street
Moreno Valley, California 92552
Attention: Executive Director
[Space above for recorder.]
This document is exempt from the payment of a
recording fee pursuant to Government Code
Section 27383.
NOTICE OF AFFORDABILITY RESTRICTIONS ON
TRANSFER OF PROPERTY
This NOTICE OF AFFORDABILITY RESTRICTIONS ON
TRANSFER OF PROPERTY (or “Notice of Affordability Restrictions”) is dated as of _______________ __, 202_ (for identification purposes) and recorded to provide notice substantially as described by 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 that certain property described in Exhibit A hereto (“Affordable Home”). The MORENO VALLEY HOUSING AUTHORITY, a public body, corporate and politic (“Authority”) and MARY ERICKSON COMMUNITY HOUSING , a California nonprofit corporation (“Developer”) previously entered into an unrecorded HOME Investment Partnership and Affordable Housing Agreement dated as of [_____, 2025] as approved by Authority Resolution No. HA 2025 -_____ [and City Council Resolution No. 2025-____] (“AHA”). The AHA provided, in part, for the Developer to acquire certain land designated therein as the “Site” for development of seven (7) detached, single -family homes on each of seven parcels created by Parcel Map No. ______ (each an “Affordable Home”), and to sell to “Low Income
Attachment No. 6
Exhibit E -- Notice of Affordability Restrictions
4874-8142-1779v5/200382-0007
Households” (as defined below) at a cost which does not exceed “Affordable Housing Cost” (as defined below) each of seven parcels corresponding to the seven (7) Affordable Homes (each an “Affordable Home”). __________________________, a [capacity] (“Homebuyer”), have entered into an unrecorded purchase and sale agreement with Developer dated as of ______________ __, 202_ (“Purchase and Sale Agreement”) under which Developer agreed to sell and Homebuyer agreed to purchase the Affordable Home (as defined herein) subject to covenants which restrict use of the Affordable Home as a resource for affordable housing, as more particularly set forth herein.
In addition, Homebuyer entered into an unrecorded agreement entitled “Homebuyer Loan Agreement” with Authority, dated as of ______________ __, 202_ (“Homebuyer Loan Agreement”) by which Authority issued a Homebuyer Loan to the Initial Homebuyer and Homebuyer agreed the Affordable Home shall be subject to covenants to the Homebuyer Covenants that restrict use, ownership, resale, maintenance and other conditions affecting the Affordable Home as a resource for affordable housing in the community.
1. Each of the AHA and the Homebuyer Loan Agreement provides for affordability restrictions and restrictions on the transfer of the Property as more particularly set forth in the AHA, Homebuyer Loan Agreement, and Homebuyer Covenants. Copies of the AHA, Homebuyer Loan Agreement and Homebuyer Covenants are on file with the Authority as a public record and each is deemed incorporated herein. Reference is made to the AHA, Homebuyer Loan Agreement, and Homebuyer Covenants with regard to the complete text of the provisions of such agreement which provides for affordability restrictions and restrictions on the transfer of the Affordable Home.
2. Each of the AHA and Homebuyer Loan Agreement restricts ownership and occupancy of the Affordable Home to a household of limited income, paying an Affordable Housing Cost; such restrictions are set forth at greater length in the Homebuyer Covenants recorded against the Property, entitled Homebuyer Covenants – Authority Declaration of Conditions, Covenants and Restrictions with Resale Restrictions recorded among the official records of the County Recorder of the County of Riverside (“Official Records”) as Document No. [recording information re Homebuyer Covenants] (“Homebuyer Covenants”), the Homebuyer Deed of Trust substantially in the form prescribed by the Homebuyer Loan Agreement therefor (“Homebuyer Deed of Trust”), and Purchase Money Deed of Trust.
Attachment No. 6
Exhibit E -- Notice of Affordability Restrictions
4874-8142-1779v5/200382-0007
2.1 Article IV, Section 4.1 of the Homebuyer Covenants provides in part that the Affordable Home:
“… shall only be owned and occupied by Homebuyer or
by households which, as of the time of purchase of the
Site, have an income which does not exceed Eighty
Percent (80%) of the Riverside County monthly median
income (which households shall, for purposes of this
Declaration, constitute “Eligible Persons or Families”).
It is further agreed and acknowledged that each and every occupant of each of the…[Property] shall execute
agreements, promissory notes and deeds of trust
encumbering the subject property for the benefit of
Authority in form acceptable to the Authority.
(b) The Affordable Home may be sold at an
Affordable Housing Cost (as defined below) to Qualified Homebuyer(s) that qualify as Low Income Household.”
Affordable Housing Cost is defined and described in
more detail in the Authority Homebuyer Loan Agreement
and Homebuyer Covenants.
(c) The covenant contained in this Section 2 shall run
with the land for the 45-year Affordability Period.
3. During the Affordability Period, the Affordable Home, and any interest therein, shall not be conveyed except with the express prior written consent of Grantor, which consent shall be given only if the conveyance is in conformity with the requirements of the AHA, Homebuyer Covenants, and Authority Homebuyer Loan Agreement.
4. The restrictions contained in the Homebuyer Covenants expire forty-five (45) years following the date such covenants were recorded against the Property.
5. The commonly known address for the Affordable Home is: [____] Lantana Court, Moreno Valley, California 92552.
6. The assessor’s parcel number for the Property is: [ APN 481 -270- [065 thru -071]; such number is subject to change.
Attachment No. 6
Exhibit E -- Notice of Affordability Restrictions
4874-8142-1779v5/200382-0007
7. The legal description for the Property is attached hereto as Exhibit A and is incorporated herein by reference.
8. This Notice of Affordability Restrictions is intended merely to provide notice in the manner generally described under Chapter 690. The AHA, Homebuyer Covenants, Authority Homebuyer Deed of Trust, all remain in full force and effect and are not amended or altered in any manner whatsoever by this Notice of Affordability Restrictions.
9. Capitalized terms shall have the meanings established under the AHA (including all Attachments thereto) and if not provided in the AHA, then under the Authority Homebuyer Loan Agreement excepting only to the extent as otherwise expressly provided under this Notice of Affordability Restrictions.
10. Persons having questions regarding this Notice of Affordability Restrictions, the AHA, Authority Homebuyer Loan Agreement and any of the attachments thereto (including without limitation the Homebuyer Covenants and Authority Homebuyer Deed of Trust should contact the Authority (or City) at their offices (14177 Frederick Street, Moreno Valley, California 92552, or such other address as may be designated by Authority from time to time). [Signatures appear on following page.]
Attachment No. 6
Exhibit E—Notice of Affordability Restrictions
S-1
4874-8142-1779v5/200382-0007
AUTHORITY:
MORENO VALLEY HOUSING
AUTHORITY, a public body, corporate
and politic
By:
Brian Mohan
Authority Executive Director
HOMEBUYER:
[to come]
By:
[to come]
By:
[to come]
Attachment No. 6
Exhibit E -- Legal Description to
Notice of Affordability Restrictions
4874-8142-1779v5/200382-0007
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Riverside, City of Moreno Valley, and described as follows:
[to come]
APN: [to come]
Attachment No. 6
Exhibit F--Disclosure Statement
4874-8142-1779v5/200382-0007
EXHIBIT F
DISCLOSURE STATEMENT
[subject to update in connection with initial sales of Affordable Homes] I/we [name of homebuyer] (“Homebuyer”) understand, acknowledge and agree that my/our acquisition of that certain real property described in Addendum “A” attached hereto and improvements thereon (collectively, the “Property”) is conditional on a number of factors, including, but not limited to:
• I/we are buying a single -family detached home within the City of Moreno Valley in accordance with the requirements of that certain HOME Investment Partnership and Affordable Housing Agreement (“AHA”) dated June 17, 2025 entered into between the Moreno Valley Housing Authority (“Authority”) and Mary Erickson Community Housing, a California nonprofit corporation (“MECH”), an agreement entitled “Homebuyer Loan Agreement” between I/we and Authority dated as of __________ __, 202_, which is on file with Authority (“Homebuyer Loan Agreement”), and a purchase and sale agreement between MECH and I/we (“MECH Agreement”) dated as of [_____, 202_] (together
“Homebuyer Agreement”); all capitalized terms in this Disclosure Statement that are not otherwise defined herein have the meanings set forth in the Homebuyer Agreement.
• I/we must qualify as a Low Income Household pursuant to Health & Safety Code Section 50053(b)(3), as determined by Authority.
• Authority has provided assistance to make the Affordable Home/Property available to a Low Income Household at Affordable Housing Cost and is relying upon information I/we have made available to the Authority.
I/We further understand and agree that:
• I/we will be responsible for payment under each of (i) the “Homebuyer Note” (in favor of Authority, as beneficiary, in the original principal amount of [$ to come]:
of Authority Loan Note and with an original term of 45 years); and (ii) my/our Purchase Money Loan (in favor of [lender] in the original principal amount of [$ to come] that is a fully amortized fixed rate mortgage with a term of 30 years. I/we shall be responsible to make regular amortized monthly payments under the Purchase Money Note. I/we shall also be responsible for payment of closing costs of [_________ Dollars ($_____) in connection with my/our acquisition of the Affordable Home/Property.
• I understand that use of the Affordable Home/Property will be limited to use as my/our personal residence for forty-five (45) years (“Affordability Period”); I further understand that the ability to resell or refinance the Property is severely restricted, and that Authority approval wil l be required to assure compliance with recorded Homebuyer Covenants during the Affordability Period; this restricts the persons to
EXHIBIT F
Disclosure Statement
4874-8142-1779v5/200382-0007
whom we may sell the Property, may result in a sales price which is substantially less than the fair market value of the Property and may preclude refinancing or the sale of the Property in various cases.
• For and during the forty-five (45) year Affordability Period, the Property may only be transferred to qualified Low Income Households at an Affordable Housing Cost and the Property must be and remain continuously owner-occupied. In acquisition by the purchaser must be accomplished at a price that does not exceed a back end ratio of 43%, as more particularly set forth in a loan agreement between Authority and me/us.
Any sale must be approved by Authority and will be accomplished at a price whic h
doe
s not exceed 95% of the median price for houses within the area. • During the term of our ownership of the Property, I/we intend to continuously occupy the Property and I/we shall not rent or lease the Property, nor shall I/we use the Property as a vacation or other short-term rental such as through AirBnB or VRBO. • Authority shall not be held responsible for any costs associated with my/our purchase of the Affordable Home/Property, including but not limited to any loan fees or charges, any charges for appraisals, or any escrow costs or other costs relating to the transfer of the Property.
• Authority makes no representation concerning the Affordable Home/Property (including without limitation the improvements thereto) or as to the suitability of the Affordable Home/Property to Homebuyer. If the Homebuyer can afford to purchase a property which is not subject to price limitations, occupancy limitations or
a
ffordability limitations, purchase of the Property is probably not suitable for purchase by Homebuyer.
• A
uthority cannot ensure that information provided by or on my/our behalf will be kept confidential.
• I/We have been advised by Authority to consult with legal counsel in connection with the AHA, Homebuyer Covenants, Authority Homebuyer Loan Agreement, and my/our Purchase Money Loan.
• My/our Purchase Money Loan is subject to review by Authority, nonetheless Authority shall not be charged with the knowledge of the contents of the documents of my/our primary lender.
• Authority makes no representation, expressly or impliedly, about the property tax assessment or amount of property taxes due and payable in connection with my/our ownership of the Affordable Home/Property.
• Authority financial assistance I receive in connection with the purchase of the Affordable Home/Property may be considered to be income for purposes of federal or state income taxes and Authority shall not be held responsible for the payment of any taxes which I may incur by virtue of the receipt of such financial assistance.
EXHIBIT F
Disclosure Statement
4874-8142-1779v5/200382-0007
HOMEBUYER
Dated: ____________, 202_ By:
[name of homebuyer]
By:
[name of homebuyer]
Attachment No. 6
Exhibit G--Reg Z/Truth in Lending
4874-8142-1779v5/200382-0007
EXHIBIT G
TRUTH-IN-LENDING
REGULATION Z DISCLOSURE STATEMENT
HOMEBUYER LOAN
[subject to update in connection with initial sales of Affordable Homes] (Note: it is contemplated that Borrower will also receive Purchase Money Loan from an institutional lender; the terms of such purchase money mortgage are not described herein.) Date: _______________________
Annual
Percentage Rate
Finance
Charge
Amount
Financed
Total of
Payments
The cost of your loan
as a yearly rate
(interest).
The dollar amount the
loan will cost you
(total accrued interest).
The amount of the
Authority Homebuyer
Loan provided by the
Authority to you or on
your behalf.
The amount you have
paid after you have
made all payments, if
any due under the
Authority Homebuyer
Note: $0.
0% simple interest $0 $ [to come: $_______] $ [to come: $______]
Creditor: MORENO VALLEY HOUSING AUTHORITY
14177 Frederick Street
Moreno Valley, California 92552
Borrower: [name of homebuyer]
[address of homebuyer]
Moreno Valley, California 92552
Itemization of Amount Financed: You have the right to receive at this time an itemization of the Amount Financed.
_____ I want an itemization. _____ I do not want an itemization.
Your Payment Schedule Will Be:
Number of
Payments
Amount of
Payments
When Payments
Are Due
There are no regularly
scheduled payments; payment
is only due in the event of an
The entire amount will be
accelerated and become due
upon an Event of Default.
There are no regularly
scheduled payments; payment
is only due in the event of an
EXHIBIT G
Reg Z--Truth in Lending
4874-8142-1779v5/200382-0007
Event of Default. Event of Default.
Property: You must obtain property insurance and name both the Moreno Valley Housing Authority and the City of Moreno Valley as loss payees.
Security: You are giving a security interest in the Affordable Home you are purchasing which is located at ____________________.
Filing Fees: $__________ Non-Filing Insurance: $___________ Late Charge: N/A
Prepayment: If you pay off early, you
_____ may _____ may not have to pay principal, accrued simple interest and contingent deferred interest.
_____ may _____ may not have to pay a penalty.
_____ may _____ may not be entitled to a refund of part of the finance charge.
Interest Rate: The Authority Homebuyer Loan has a base interest rate that is __X___ fixed at zero percent (0%) per year.
_____ variable. Disclosures about the variable -rate feature have been provided to you earlier.
The complete terms of the Authority Homebuyer Loan are fully set forth in the Authority Homebuyer Loan Agreement, Homebuyer Note, Homebuyer Deed of Trust, and Homebuyer Covenants.
READ ALL OF THESE DOCUMENTS CAREFULLY. ALL OF THESE DOCUMENTS AFFECT YOUR LEGAL RIGHTS.
Assumption: Someone buying your house
_____ may, subject to conditions, be allowed to assume the remainder of the mortgage on the original terms.
_____ cannot assume the remainder of the mortgage on the original terms.
Demand Feature: This obligation
_____ [is payable on demand] or [has a demand feature]
_____ [is not payable on demand] or [has no demand feature] See your loan documents for any additional information about the terms of the Authority Homebuyer Loan (under the Homebuyer Note), nonpayment, default and penalties and any required repayment in full before the scheduled date.
EXHIBIT G
Reg Z--Truth in Lending
4874-8142-1779v5/200382-0007
ITEMIZATION OF THE AMOUNT FINANCED OF $______________
$_______________ Amount given to you directly
$_______________ Amount paid on your account
Amount paid to others on your behalf:
$_______________ to [credit bureau] [appraiser] [title insurance company] [escrow] $_______________ to (name of another creditor)
$_______________ to (other)
$_______________ prepaid finance charge
Attachment No. 6
Exhibit H – Reg Z: Notice of Right to Cancel
4874-8142-1779v5/200382-0007
Exhibit H
NOTICE OF RIGHT TO CANCEL
[subject to update in connection with initial sales of Affordable Homes] Your Right to Cancel
You are entering into a transaction that will result in a lien on your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last:
(1) the date of the transaction, which is _____________________________; or (2) the date you received your Truth in Lending disclosures; or (3) the date you received this notice of your right to cancel.
If you cancel the transaction, the lien is also canceled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the lien on your home has been canceled, and we must return to you any money or property you have given to us or to anyone else in connection with this transaction.
You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at any location in the City of Moreno Valley convenient to you. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of you offer, you may keep it without further obligation.
How to Cancel
If you decide to cancel this transaction, you may do so by notifying us in writing, at
MORENO VALLEY HOUSING AUTHORITY
14177 Frederick Street
Moreno Valley, California 92552
ATTN: Executive Director
You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights.
If you cancel by mail or telegram, you must send the notice no later than midnight of the third business day following the latest of the three events listed above. If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time.
Exhibit H
Reg Z -- Notice of Right to Cancel
4874-8142-1779v5/200382-0007
ACKNOWLEDGMENT OF RECEIPT
I have received two (2) copies of this Notice of Right to Cancel. ________________________________________ _____________________________ Signature Date
________________________________________ _____________________________ Signature Date
I WISH TO CANCEL
________________________________________ _____________________________ Signature Date
________________________________________ _____________________________ Signature Date
I HAVE NOT CANCELED
I confirm that at least four days ago (excluding Sundays and federal holidays) I received two (2) copies of this notice, and I have not canceled the transaction for which this notice is given. ________________________________________ _____________________________ Signature Date
________________________________________ _____________________________ Signature Date
Attachment No. 6
Exhibit I--Homebuyer Compliance Certificate
4874-8142-1779v5/200382-0007
EXHIBIT I
HOMEBUYER COMPLIANCE CERTIFICATE
[subject to update in connection with initial sales of Affordable Homes]
ANNUAL CERTIFICATION OF CONTINUED OCCUPANCY
AND PROGRAM COMPLIANCE
Property Address: Compliance Year:
Moreno Valley, California (“Property”)
The undersigned is/are Homebuyer of that certain real property referred to as the “Affordable Home” and that is subject to that certain Authority Homebuyer Loan Agreement, related implementing instruments thereto and those certain Homebuyer Covenants of record (together, “Homebuyer Agreements”) against the real property located at [___________], Moreno Valley, California. Pursuant to the Homebuyer Agreements, I/we acquired the Property with the assistance of a homebuyer mortgage loan from Authority (“Authority Homebuyer Loan”) I/we acknowledge and agree that pursuant to the Homebuyer Agreements, I/we am/are required to occupy the Property continuously as my/our principal residence and to comply with such requirements, as provided in the Homebuyer Agreements.
I/we hereby certify, under penalty of perjury, that I/we have continuously occupied the Property as my/our principal residence during the last one-year period and that I/we presently occupy the Property as my/our principal residence. Further, I/we hereby certify, under penalty of perjury, that I/we have complied with the Homebuyer Agreements during the last one-year period.
Date: ______________________ By: ________________________________ Printed Name:
Date: ______________________ By: ________________________________ Printed Name:
PLEASE RETURN FULLY EXECUTED DOCUMENT WITH A CURRENT UTILITY BILL TO:
Moreno Valley Housing Authority
c/o City Hall
14177 Frederick Street
P.O. Box 88005
Moreno Valley, California 92552-0805
Attn: Executive Director
Exhibit J to Attachment No. 6
MECH Seller Deed
4874-8142-1779v5/200382-0007
EXHIBIT J
SELLER DEED
[subject to update in connection with initial sales of Affordable Homes] Recording Requested by:
When Recorded Return to and
Mail Tax Statements to:
APN: Address: (Space above for Recorder’s Use.)
GRANT DEED
For a valuable consideration, receipt of which is hereby acknowledged, MARY ERICKSON COMMUNITY HOUSING , a California nonprofit corporation (“Grantor”), hereby grants to [to come][capacity], herein called (“Grantee”), the real property hereinafter referred to as the “Property,” described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants or record described there.
1. The Property is conveyed in accordance with and subject to certain HOME Investment and Affordable Housing Agreement entered into between the Moreno Valley Housing Authority (“Authority”) and Grantor dated as of [_____, 2025] (“AHA”), a copy of which is on file with the Authority at City Hall, 14177 Frederick Street, Moreno Valley, CA 92552 as a public record and which is incorporated herein by reference. The Property is also conveyed in accordance with an Authority Homebuyer Loan Agreement between the Authority and the Grantee dated as of __________ __, 202_ (“HLA”), a copy of which is on file with the Authority Secretary (City Clerk).
All capitalized terms not defined herein shall have the meanings capitalized therefor in the AHA and, if not defined therein, as defined in the HLA.
2. The Grantee hereby covenants and agrees, for itself and its successors and assigns, that during construction and thereafter, the Grantee shall not use the Property for other than the uses allowed pursuant to the AHA and the HLA.
3. The Property is conveyed to grantee at a purchase price, herein called “Purchase Price”, determined in accordance with the uses permitted. Therefore, Grantee hereby covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property that the Grantee, such successors and such assigns, shall maintain and use the Property in accordance with that certain Declaration of Conditions, Covenants and Restrictions recorded as document number [recording information re Homebuyer Covenants] (“Homebuyer Covenants”) among the official land records of the County Recorder of the County of Riverside (“Official Records”) that certain
Exhibit J to Attachment No. 6
MECH Seller Deed
4874-8142-1779v5/200382-0007
document entitled Declaration of Conditions, Covenants and Restrictions executed by Grantee and Authority (“Authority Homebuyer Covenants”) recorded of even date herewith.
THIS PROPERTY IS SUBJECT TO DECLARATIONS OF CONDITIONS, COVENANTS
AND RESTRICTIONS FOR AFFORDABLE HOUSING WHICH PROHIBIT THE
RENTAL OF THE PROPERTY AND WHICH RESTRICT THE OCCUPANCY AND TRANSFER OF THE PROPERTY.
4. The Grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.
5. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest permitted by the AHA or HLA; provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.
6. All covenants contained in this Grant Deed shall be covenants running with the land.
Grantee’s obligation to maintain and use the improvements constructed as provided in paragraph 3 shall continue in effect for a period ending on [insert date which is the 45 th anniversary of the
conveyance of the applicable Affordable Home by Developer to Homebuyer]. Every covenant contained in this Grant Deed against discrimination contained in paragraph 4 of this Grant Deed shall remain in perpetuity. The covenants shall be enforceable by each of the Authority (and City as an intended third party beneficiary.)
7. All covenants without regard to technical classification or designation shall be binding for the benefit of the Authority (and City), and such covenants shall run in favor of the Authority (and City) for the entire period during which such covenants shall be in force and effect, without regard to whether the Authority (or City) is or remains an owner of any land or interest therein to which such covenants relate. The Authority (and City), in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
Exhibit J to Attachment No. 6
MECH Seller Deed
4874-8142-1779v5/200382-0007
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized, this _____ day of _______________, 202_.
The Grantee agrees to be bound by the covenants set forth above. “GRANTOR”
MARY ERICKSON COMMUNITY, a California
nonprofit corporation
By:
Susan McDevitt
Its: Executive Director
“GRANTEE”
[Name of Grantee(s) Homebuyer]
[to come]
Exhibit J to Attachment No. 6
MECH Seller Deed
4874-8142-1779v5/200382-0007
EXHIBIT A
LEGAL DESCRIPTION
[to come]
APN:
Exhibit K to Attachment No. 6
Form of Assignment and Assumption Agreement
Page1 of 5
4874-8142-1779v5/200382-0007
Recording Requested By and
When Recorded Mail To:
Moreno Valley Housing Authority
14177 Frederick Street
Moreno Valley, California 92552
Attn: Executive Director
APN: [________] SPACE ABOVE THIS LINE FOR RECORDER’S USE (This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.)
ASSIGNMENT, ASSUMPTION, RELEASE, AND CONSENT AGREEMENT
This ASSIGNMENT, ASSUMPTION, RELEASE, AND CONSENT AGREEMENT (“Agreement”) is dated as of [______________]by and among (i) MORENO VALLEY HOUSING AUTHORITY, a public body corporate and politic (“Authority” ), (ii) [___________________] (together, “Seller”), and (iii) [______________] (“Buyer”).
RECITALS
A. Seller is the owner in fee of that certain real property, a single -family Affordable Home, located at [____] Lantana Court, City of Moreno Valley, County of Riverside, State of California described in Exhibit “A” attached hereto and made a part hereof (“Property” or “Affordable Home”).
B. On [____________], Seller acquired the Property after making application to Authority to qualify, and qualified, as a Low Income Qualified Homebuyer to acquire the Affordable Home at an Affordable Housing Cost with assumption of the Homebuyer Loan issued by the Authority to Seller as evidenced in a series of homebuyer loan instruments and subject to affordable housing Homebuyer Covenants in favor of Authority (together, “ Moreno Valley Documents”), including certain instruments recorded in the Official Records, County of Riverside , State of California (“Official Records”), including the following:
(i) Affordable Homebuyer Loan Agreement entered into between Authority and Seller and dated as of [________] (“Homebuyer Loan Agreement”) by which Authority provided to Seller a certain Homebuyer Loan as set forth therein; (ii) Promissory Note Secured by Deed of Trust (Affordable Homebuyer Loan Agreement) dated as of [________] in an original principal amount of [$______] in favor of Authority that evidences the Homebuyer Loan (“Homebuyer Note”); (iii) Deed of Trust with Assignment of Rents (Short Form) (Affordable Homebuyer Loan Agreement) together with Rider to Deed of Trust with [________] Title Company, as
Exhibit K to Attachment No. 6
Form of Assignment and Assumption Agreement
24874-8142-1779v5/200382-0007
trustee, covering the subject Property, dated as of [________] and recorded in the Official Records on [________] as Instrument No. [________] that secures the Homebuyer Note, including the monetary and performance obligations referenced therein (“ Authority Deed of Trust”);
(iv) Homebuyer Covenants dated as of [________] and recorded on [________]in the Official Records as Instrument No. [________];
(v) Notice of Affordability Restrictions dated as of [________] and recorded on [________] in the Official Records as Instrument No. [________]. (vi) Affordable Housing Option Agreement dated as of [________] and recorded on [________] in the Official Records as Instrument No. [________]. (vii) Reimbursement Agreement dated as of [________] and recorded on [________] in the Official Records as Instrument No. [________]. (viii) Request for Notice under Civil Code Section 2924b that was recorded in the Official Records as Instrument No. [________] (“Authority Request for Notice”).
C. Copies of the Authority Documents are on file at City of Moreno Valley City Hall at the address noted on page 1.
D. A copy of the Homebuyer Loan Agreement is attached hereto as Exhibit B; a copy of the Homebuyer Note is attached hereto as Exhibit C.
E. Pursuant to the Authority Loan Documents, on [________] Seller submitted to Authority a Notice of Intent to Sell the Property and intends to assign to Buyer each and all of the Authority Documents pursuant to this Agreement.
F. In connection with the resale by Seller to Buyer as described herein and as a material basis by which the Authority is consenting to the resale and entering into this Agreement, Seller represents and warrants to and for the bene fit of Authority the following: (i) since acquisition Seller has not rented out any part of the Property; (ii) since acquisition Seller has continuously owned, occupied the Property as their principal personal residence; (iii) Seller has not made improvements to the Property except those completed in compliance with the City of Moreno Valley Municipal Code, Uniform Building Codes, and other applicable local, state and federal laws, including, if applicable, obtaining building permits through final inspection by the City; (iv) Seller has not placed other loans or monetary liens on the Property except as authorized under the Authority Documents; and (v) Seller has not made any material misrepresentation of fact, material omission of fact or false statement or used a false record in connection with their notice to Authority to sell the Property.
G. In connection therewith, Buyer submitted an application to Authority to qualify to buy the Property from Seller as a Low Income Homebuyer and to accept assignment of and assume each and all of the Authority Documents pursuant to this Agreement.
Exhibit K to Attachment No. 6
Form of Assignment and Assumption Agreement
34874-8142-1779v5/200382-0007
H. In connection with Buyer’s acquisition of the Property from Seller and as a material basis by which the Authority is consenting to the resale and entering into this Agreement, Buyer represents, warrants to and for the benefit of Authority and acknowledges and agrees that during the term of Buyer’s ownership of the Property the following Buyer shall comply with the Authority Documents, including without limitation the following: (i) Buyer shall not rent out any part of the Property; (ii) Buyer shall continuously own, occupy the Property as his/her/their principal personal residence; (iii) Buyer shall not make improvements to the Property except those completed in compliance with the City of Moreno Valley Municipal Code, Uniform Building Codes, including, if applicable, obtaining building permits through final inspection by the City; (iv) Buyer shall not place other loans or monetary liens on the Property except the new Purchase Money Loan and as otherwise authorized under the Authority Documents; and (v) Buyer has not made any material misrepresentation of fact, material omission of fact or false statement or used a false record in connection with his request for approval by Authority to buy the Property and enter into this Agreement.
I. In connection with Buyer’s purchase of the Property, Buyer has executed, or is about to execute, a deed of trust securing a promissory note for a new Purchase Money Loan in the principal amount of [________] and dated of even date herewith in favor of [________] (“Primary Lender”) whose address is [________] relating to Loan No. [________] that is pending in escrow with [________] Escrow, Escrow No. [________] (“Escrow”), and the title company for said Escrow is [________] Title Company, Inc., Order No. [________] (“Title Company”), which new loan payable with interest is issued upon the terms and conditions described therein (“ Purchase Money Deed of Trust”), which the Purchase Money Lender Deed of Trust is to be recorded concurrently and of even date with this Agreement as a part of the pending Escrow for the new loan (together herein, “New Purchase Money Loan”).
J. Buyer represents and warrants to the Authority that the New Purchase Money Loan is a fixed rate of interest of [________] % for a fully amortized mortgage with a thirty (30)-year term in an original principal amount of $[________] with Buyer as the sole borrower.
K. Buyer has informed Authority that Purchase Money Lender is willing to make said New Loan to Buyer provided the Purchase Money Deed of Trust securing such New Loan is a lien or charge upon the Property subordinate and junior to the lien , encumbrance, or charge of th e:
(i) Homebuyer Covenants, (ii) Notice of Affordability Restrictions (together, “ Non-Subordinate Liens”), subject to the terms and conditions in that certain and separate subordination agreement of even date herewith entered into among Purchase Money Lender, Buyer, and Authority (“Subordination Agreement”) and recorded in the Official Records concurrently with the recordation of the Resale Grant Deed (defined below) and this Agreement.
NOW THEREFORE, Authority, Seller, and Buyer agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are a substantive part of this Agreement.
Section 2. Effective Date. The “Effective Date” of this Agreement is the date on which all of the conditions set forth in Section 7 herein have been satisfied in the manner described below and the
Exhibit K to Attachment No. 6
Form of Assignment and Assumption Agreement
44874-8142-1779v5/200382-0007
closing of the Escrow occurs by the recordation in the Official Records of a grant deed by Seller to Buyer conveying all interests in the Property (“Resale Grant Deed”).
Section 3. Assignment by Seller. As of the Effective Date, Seller assign s to Buyer all of their rights and obligations under the Authority Documents.
Section 4. Acceptance of Assignment, Assumption and Affirmation by Buyer . As o f the Effective Date, Buyer (i) assumes, affirms, and agrees to pay and to perform all of the obligations of Seller under the Authority Documents, whether accruing prior to, on, or after the Effective Date, and further agrees to be bound by all of the terms, provisions and conditions contained in the Authority Documents as though Buyer had originally made, executed and delivered same to Authority; and (ii) reaffirms and restates all of the representations, warranties, covenants and indemnities of Seller contained in the Authority Documents with the same force and effect as if each were separately stated herein and made as of the date hereof.
Section 5. Consent by Authority. As of the Effective Date, Authority consents to the transfer and resale of the Property by Seller to Buyer subject to the Authority Documents . Such consent by Authority shall not constitute consent to any further or subsequent sale, conveyance or transfer by Buyer of the Property, or any part thereof, or any interest therein.
Section 6. Release of Seller . As of the Effective Date, Authority releases Seller from any and all liabilities and obligations under the Authority Documents , and agrees that it will not institute any action, suit, claim or demand in law or equity against Seller for or on account of Seller’s personal liability and obligation to repay the indebtedness evidenced by the Homebuyer Note.
Section 7. Conditions Precedent . Before this Agreement becomes effective and any party becomes obligated under it, all of the following conditions shall have been satisfied, at no cost to Authority, and in a manner acceptable to Authority in the exercise of Authority’s sole judgment:
7.1 Execution of this Agreement . Buyer, Seller, and Authority shall have executed, with signatures notarized, and delivered to Escrow this Agreement.
7.2 Execution of Subordination Agreement . Purchase Money Lender, Buyer, and Authority shall have executed, with signatures notarized, and delivered to Escrow the Subordination Agreement.
7.3 Resale Deed of Conveyance. Seller and Buyer shall have caused the Resale Grant Deed effectuating the sale and transfer of the Property from Seller to Buyer to have been duly executed, notarized and recorded in the Official Records of the County of Riverside. (a) Order of Recording. This Agreement shall record in order immediately after the Resale Grant Deed and prior to the deed of trust securing the New Loan from the Purchase Money Lender.
(b) Subordination Agreement. Authority, Buyer, and Primary Lender will to enter into a “Subordination Agreement” in order for the Primary Lender to make a “New Loan” to Owner that will be secured by the “Primary Lender Deed of Trust ”, with the New Loan as a lien or
Exhibit K to Attachment No. 6
Form of Assignment and Assumption Agreement
54874-8142-1779v5/200382-0007
charge upon the Property junior and subordinate in prior and superior to the liens and/or charges of the Authority Documents . The Subordination Agreement will be prepared by Authority counsel and shall be in form and substance approved by such Authority counsel.
7.4 Title Endorsement or Title Policy in Favor of Authority . As required by Authority, Seller and Buyer shall have caused the T itle Company to insure the priority, val idity and enforceability of those certain Authority Documents that are existing liens and encumbrances of record against the Property to issue in Authority’s favor a modified CLTA 110.7 endorsement (or an equivalent endorsement(s)), or a new title policy, insuring that the resale and transfer by the Resale Deed do not and will not affect the priority, validity or enforceability of such liens and encumbrances in favor of the Authority and Buyer’s obligations to Authority thereunder.
Section 8. Legal Effect. Except as modified by this Agreement, the Authority Documents are unchanged and, as so modified, the Authority Documents shall remain in full force and effect and are hereby ratified and reaffirmed by Buyer.
Section 9. Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the Authority, Seller, and Buyer as well as their respective heirs, executors, administrators, successors and assigns.
Section 10. Governing Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California.
Section 11. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same document.
Section 12. Attorneys' Fees. If any lawsuit, arbitration or other proceeding is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover the reasonable fees and costs of its attorneys in such proceeding.
Section 13. Entire Agreement. This Agreement contains the entire agreement among Authority, Seller, and Buyer with respect to the subject matter hereof and supersedes all prior agreements, understandings, offers and negotiations, oral or written, with respect thereto.
[Signatures begin on next pages]
Exhibit K to Attachment No. 6
Form of Assignment and Assumption Agreement
Page S-1
4874-8142-1779v5/200382-0007
IN WITNESS WHEREOF, Authority, Seller, Buyer have executed this Agreement as of the date first hereinabove written.
Authority:
MORENO VALLEY HOUSING AUTHORITY,
a public body, corporate and politic
_____________________________________________
Brian Mohan, Executive Director/City Manager
or Authorized Designee
ATTEST:
_____________________________________________
M. Patricia Rodriguez, Authority Secretary/City Clerk
or Authorized Designee
Date: [________]
SELLER:
[________]
_______________________________________
[________]
_______________________________________
DATE: [________]
BUYER:
[________]
_______________________________________
[________]
_______________________________________
DATE: [___________]
Attachment No. 7
Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 7
R
ecording Requested By and
When Recorded Mail To:
M
oreno Valley Housing Authority
14177 Frederick Street
Moreno Valley, California 92552
Attn: Executive Director
SPACE ABOVE THIS LINE FOR RECORDER’S USE
(This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.)
AUT
HORITY REGULATORY AGREEMENT
(Lantana Court)
This AUTORITY REGULATORY AGREEMENT (Lantana Court) also referred to as “CC&Rs” or “Declaration” or “Regulatory Agreement” are made by the signatories hereto.
R E C I T A L S
WHEREAS, each of the MORENO VALLEY HOUSING AUTHORITY, a public body, corporate and politic (“Authority”), and MARY ERICKSON COMMUNITY HOUSING a California nonprofit public benefit corporation (“Developer”) is a party to this Declaration.
Authority and Developer, together, may be referred to as the “Declarants”.
WHEREAS, Authority and Developer have entered into that certain HOME Investment Partnership and Affordable Housing Agreement dated as of June 17, 2025 (“AHA”) for the improvement and development of certain real property described in Exhibit “A” (to which this Authority Regulatory Agreement is attached) as the “Site,” a legal description of which is attached hereto as Exhibit “A”), which AHA provides for the recordation of this Regulatory Agreement.
The AHA is incorporated herein by this reference and any capitalized term not defined herein shall have the meaning established therefor in the AHA. City is an intended third party beneficiary of the AHA and thereby this Regulatory Agreement.
WHEREAS, this Regulatory Agreement establishes a plan for Developer’s acquisition, construction, improvement, overall development, and maintenance of the Site during Developer’s ownership, construction, development, and throughout the Affordability Period as described in the AHA.
WHEREAS, the AHA sets forth certain restrictive covenants applicable to the Site, particularly the use of the Site for the construction, development and sale of seven (7) Affordable Homes for disposition to qualified Low Income Households and an Affordable Housing Cost as those terms are defined therein.
Attachment No. 7
Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
WHEREAS, Authority and Developer intend that this Regulatory Agreement shall govern the use of the Site in conjunction and along with the AHA and to ensure that Authority achieves credit for production of affordable housing units pursuant to the CRL, HAL, Dissolution Law, and the City’s Housing Element of the General Plan and its regional housing needs allocation (“RHNA”).
NOW, THEREFORE, Authority and Developer declares that the Site shall be held, transferred, encumbered, used, sold, conveyed, and occupied subject to this Declaration expressly and exclusively for the use and benefit of said Site as an affordable housing ownership development for the Affordability Period. Each and all of the restrictions, limitations, conditions, covenants, liens, reservations and charges herein contained shall run with the land and be recorded on the property title and shall be binding on Declarants, their grantees, successors, heirs, executors, administrators, devisees or assigns, and all subsequent owners of all or any part of the Site.
ARTICLE I
DEFINITIONS
The definitions set forth in the AHA shall be applicable to this Declaration and may be supplemented by an amendment or supplemental Declaration (unless the context implicitly or explicitly shall prohibit), recorded against the Site pursuant to the provision of this Declaration. As noted, capitalized terms not otherwise defined herein shall have the respective meanings set forth therefor in the AHA.
ARTICLE II
LAND USE RESTRICTIONS; IMPROVEMENTS
Section 1. Uses. The Site shall be operated as an “Affordable Housing Project” and devoted only to the uses specified in the AHA for the periods of time specified herein. All uses conducted on the Site, including, without limitation, all activities undertaken by Developer pursuant to the AHA, shall conform to all applicable provisions of federal, state, and local laws and regulations.
Section 2. The Site shall be used, maintained and operated in accordance with the AHA and this Regulatory Agreement for Affordability Period. None of the Affordable Homes shall at any time be utilized on a transient basis nor shall any portion of the Site ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium, rest home or trailer court or park. No part of the Site, from the date Developer acquires the Site, has been or will at any time be owned or used as a cooperative housing corporation or a community apartment project or a stock cooperative.
ARTICLE II
FOR-SALE OWNERSHIP AFFORDABLE HOUSING
Section 1. Number of Units. Throughout the Affordability Period, the seven (7) Affordable Homes developed on the Site shall be initially sold by Developer to qualified Initial Homebuyers, which homes shall be and remain owner-occupied, and shall be resold, owned and Attachment No. 7
Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
occupied by qualified successor Homebuyers as set forth in the applicable Authority Homebuyer Loan Agreement and the Homebuyer Covenants affecting each of the seven (7) Affordable Homes.
Section 2. Duration of Affordability Period. The Affordable Homes shall be available for sale to and occupied by qualified Low Income Households at an Affordable Housing Cost throughout the 45-year Affordability Period.
DEVELOPER UNDERSTANDS AND KNOWINGLY AGREES THAT THE
MAXIMUM SALES PRICE FOR EACH AFFORDABLE HOME ESTABLISHED BY
THE AHA AND THIS REGULATORY AGREEMENT IS SUBSTANTIALLY
BELOW THE FAIR MARKET VALUE OF THE AFFORDABLE HOME.
Section 3. Developer Verification, Program Compliance, Annual Reports. (a) Income and Household Verification and Certification. Developer will obtain and maintain on file an Income and Household Verification from each Homebuyer, dated immediately prior to the initial sale and then during owner-occupancy of the Homebuyer and his/her/their household members of each Affordable Home. (i) On June 15, 2026 and annually thereafter until all Affordable Homes are sold pursuant to the requirements of the AHA, Developer shall file with Authority or its designee a Certificate, containing all information described under Health and Safety Code Section 33418, in a form prescribed by Authority. Each Certificate shall cover the immediately preceding fiscal year. (ii) Developer shall maintain on file all annual Homebuyer Compliance Certificates and records for the Project and Affordable Homes. Developer shall maintain complete and accurate records pertaining to the Low Income Affordable Homes and shall permit any duly authorized representative of Authority (and City) to inspect the books and records of Developer pertaining to the Project.
Section 4. Reporting Amounts. Authority is required by Section 33418 of the California Health and Safety Code to require Developer to monitor the Affordable Homes and cause itself and each Homebuyer to submit the annual reports required the AHA and this Declaration. Authority relies upon the information contained in such reports to satisfy its own reporting requirements pursuant to HSC Sections 33080 and 33080.1.
ARTICLE III
NONDISCRIMINATION
Section 1. Developer shall refrain from restricting the rental, sale or lease of the Site, or any portion thereof, on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account Attachment No. 7
Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
(b) In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m
) a
nd paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises subject to this agreement nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises.”
The covenants established in this Declaration and the deeds of conveyance for the Site shall, without regard to technical classification and designation, be binding for the benefit and in favor of Authority, its successors and assigns, City and any successor in interest to the Site, together with any property acquired by Developer pursuant to the AHA, or any part thereof. The covenants against discrimination as set forth in this Section 4 of Article II shall remain in effect in perpetuity.
ARTICLE IV
KEEPING OF ANIMALS
Section 1. No animals of any kind shall be raised, bred or kept on the Site, except that domesticated dogs, cats or other household pets may be kept by the Homebuyer household members and subject to compliance with all laws. However, no animal shall be kept, bred or maintained for any commercial purpose or for fighting purposes.
Attachment No. 7
Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
ARTICLE V
PARKING OF VEHICLES
Developer shall not permit the parking, storing or keeping of any vehicle except wholly within the parking areas designated for the Affordable Homes. Developer shall not permit the parking, storing or keeping of any large commercial type vehicle (dump truck, cement mixer truck, oil or gas truck, etc.), or any recreational vehicle over twenty (20) feet in length (camper unit, motor home, trailer, mobile home or other similar vehicle), boats over twenty (20) feet in length, or any vehicle other than a private passenger vehicle, upon any portion of the Affordable Home designated for parking a motor vehicle. For purposes of this Section 6, a pickup truck with a pickup bed mounted camper shall be considered a private passenger vehicle; provided however, that no such vehicle shall be used for residential purposes while parked at the Affordable Home.
Developer shall not permit major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle to be conducted upon any portion of the Affordable Home, including the garage, driveway, side yard, back yard, except for emergency repairs thereto and then only to the extent necessary to enable movement of the motor vehicle to a proper repair facility. No inoperable vehicle of any type shall be stored or kept in any area of the Affordable Home. Developer (and/or Authority or City) shall give the vehicle owner not less than four (4) days, nor more than seven (7) days’ notice and an opportunity to remove any vehicle parked, stored or kept in violation of the provisions of this Declaration. Notice shall consist minimally of a reasonably diligent attempt to personally notify the vehicle owner or alternatively leaving written notice on the subject vehicle.
After due notice and opportunity have been given to the vehicle owner, Developer shall have the right to remove, at the vehicle owner’s expense, any vehicle parked, stored or kept in violation of the provisions of this Declaration.
ARTICLE VI
MAXIMUM OCCUPANCY OF AFFORDABLE HOME
No persons shall be permitted to occupy any Affordable Home within the Project in excess of applicable limit of maximum occupancy set by the AHA and Homebuyer Covenants.
ARTICLE VII
STRUCTURAL CHANGE
Nothing shall be done on the Site in, on or to any building which would structurally change the exterior or the interior bearing walls of any such building or structure, except as otherwise provided herein. Nothing herein shall affect the rights of each Homebuyer to repair, alter or construct improvements to their Affordable Home unless such repair, alteration or improvement would impair the structural integrity and/or exterior appearance of said home. Nothing herein shall be deemed to prohibit work ordered to be performed by City building official.
Attachment No. 7
Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
ARTICLE VIII
COMPLIANCE WITH LAWS
Developer shall comply with all applicable laws in connection with the construction, development, and use of the Site, including without limitation applicable provisions of the HAL, the CRL, Dissolution Law, HOME Program, the Fair Housing Act (42 U.S.C. § 3601, et seq., and 24 C.F.R. § 100.300, et seq.) and affirmatively furthering fair housing (“AFFH” ). Developer is a sophisticated party, with substantial experience in the acquisition, development, financing, obtaining financing for, marketing, and operation of affordable housing projects, and with the negotiation, review, and preparation of agreements and other documents in connection with such activities.
Developer is familiar with and has reviewed all laws and regulations pertaining to the acquisition and development and overall administration of the Project and has obtained advice from any advisers of its own choosing in connection with this Declaration.
ARTICLE IX
ENFORCEMENT
Section 1. Remedies. Breach of the covenants contained in the Declaration may be enjoined, abated or remedied by appropriate legal proceeding by Authority (or City). (a) This Declaration does not in any way infringe on the right or duties of City to enforce any of the provisions of the federal, state, local, or other laws and regulations including, but not limited to, the abatement of dangerous buildings.
Section 2. Nuisance. The result of every act or omission whereby any of the covenants contained in this Declaration are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowable at law or equity, against a nuisance, either public or private, shall be applicable against every such result and may be exercised by any owner or its successors in interest, without derogation of Authority’s (or City’s) rights under law.
Section 3. Right of Entry. In addition to the above general rights of enforcement, Authority (and City) shall have the right through its agents and employees, to enter upon any part of the Project and each of the Affordable Homes for the purpose of enforcing the California Vehicle Code, and the ordinances and other regulations of City, and for maintenance and/or repair of any or all publicly owned utilities. In addition, Authority (and City) each have the right of entry at reasonable hours and upon and after reasonable attempts to contact Developer and any applicable Homebuyer, on any lot to effect emergency repairs or maintenance which the Homebuyer has failed to perform. Subsequent to sixty (60) days written notice to Developer and the applicable Homebuyer(s) specifically outlining the noncompliance, Authority (and City) shall have the right of entry onto the applicable Affordable Home(s) Site at reasonable hours to enforce compliance with this Declaration which there has been failure to perform.
Section 4. Costs of Repair. The costs borne by Authority (and/or City) of any such repairs or maintenance emergency and/or non-emergency, shall become a charge for which Homebuyer (and/or Developer) shall be responsible.
Attachment No. 7
Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
Section 5. Cumulative Remedies . The remedies herein provided for breach of the covenants contained in this Declaration shall be deemed cumulative, and none of such remedies shall be deemed exclusive.
Section 6. Failure to Enforce . The failure to enforce any of the covenants contained in this Declaration shall not constitute a waiver of the right to enforce the same thereafter.
Section 7. Enforcement and Nonliability. Authority (and/or City) may from time to time make such efforts, if any, as it shall deem appropriate enforce and/or assist in enforcing this Declaration. However, neither Authority nor City will be subject to any liability for failure to affirmatively enforce any provision of this Declaration.
ARTICLE X
GENERAL PROVISIONS
Section 1. Covenant Against Partition. By acceptance of its interest in the Site, Developer shall be deemed to covenant for itself and for its heirs, representatives, successors and assigns, that it will not institute legal proceedings or otherwise seek to effect partition of its right and interest in the interest being conveyed to Developer, or the burdens running with the land as a result of this Regulatory Agreement.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in all force and effect.
Section 3. Term. This Declaration shall run with and bind the interest of Developer in the Site, and shall inure to the owner(s) of any property subject to this Declaration, his or her legal representatives, heirs, successors and assigns, and as provided herein, be enforceable by Authority (and City), for a term equal to the Affordability Period as defined in the AHA, provided; however, that the covenants regarding nondiscrimination set forth in Article II of this Declaration shall remain in effect for perpetuity.
Section 4. Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of for-sale ownership of the Affordable Homes available at an Affordable Housing Cost to Low Income Households as Homebuyers for owner-occupancy.
(a) Developer shall be obligated by this Declaration to comply with the provisions hereof, as well as the AHA (including with limitation the attachments thereto). In the event of conflict, Developer shall comply with the most stringent requirements, in each case.
Section 5. Amendments. This Declaration may be amended only by the written agreement of Developer and Authority.
Section 6. Notices. Any notice permitted or required to be delivered as provided herein to Developer shall be in writing and may be delivered either personally or by certified mail. Notice to Authority shall be made by certified mail to the Authority Executive Director or his or her Attachment No. 7
Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
designee at 14177 Frederick Street, Moreno Valley, California 92552 (with a copy to City Attorney) and shall be effective upon receipt. Notice to Developer shall be made by certified mail to Mary Erickson Community Housing, a California nonprofit public benefit corporation, 24681 La Plaza, Suite 240, Dana Point, California 92629, and shall be effective upon receipt. Such address may be changed from time to time by notice in writing.
A
ttachment No. 7
Authority Regulatory Agreement
Page S-1
4871-0487-2146v4/200382-0007
MORENO VALLEY HOUSING AUTHORITY,
a public body, corporate and politic
By:
Brian Mohan, Executive Director
ATTEST:
By:
M. Patricia Rodriguez
A
uthority Secretary
MARY ERICKSON COMMUNITY HOUSING, a
California nonprofit public benefit corporation
By:
Name: Susan McDevitt
Title: Executive Director
Attachment No. 7
Exhibit A to Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 28871 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED IN BOOK 194, PAGES 50 & 51 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT IN A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3 AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 85.50 FEET; THENCE SOUTH 89°33’47” EAST 74.01 FEET PARALLEL WITH SAID SOUTH LINE; THENCE SOUTH 00°26’13” WEST 81.46 FEET; THENCE
SOUTH 45°26’13” WEST 5.71 FEET TO A POINT ON SAID LINE PARALLEL WITH AND
14.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°33’47” WEST 70.00 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,321 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 2:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 99.50 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 90.57 FEET; THENCE SOUTH 82°32’32” EAST 84.50 FEET; THENCE
SOUTH 07°27’28” WEST 80.85 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 3; THENCE
NORTH 89°33’47” WEST 74.01 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,768 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
Attachment No. 7
Exhibit A to Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
PARCEL 3:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 190.07 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 110.10 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE
SOUTH 49°02’53” EAST 128.14 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°49’14” WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°43’18” AN ARC DISTANCE OF 28.84 FEET; THENCE
SOUTH 07°27’28” WEST 11.66 FEET; THENCE
NORTH 82°32’32” WEST 84.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,898 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 4:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3; THENCE SOUTH 00°26’13” WEST 69.36 FEET TO A POINT IN A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 00°32’39” EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°21’53” AN ARC DISTANCE OF 36.41 FEET; THENCE
NORTH 49°02’53” WEST 128.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,455 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 5:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTH LINE SOUTH 89°33’45” EAST 134.02 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE
SOUTH 51°38’52” WEST 131.46 FEET TO A POINT IN A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°06’27” EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE T HROUGH A CENTRAL ANGLE OF 44°33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 00°26’13” EAST 69.36 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,536 SQUARE FEET, MORE OR LESS.
TOGETHER W ITH AN EASEMENT F OR INGRESS, EGRESS AND PUBLIC UT ILITIES A S DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 6:
BEGINNING AT T HE NOR THEAST C ORNER OF S AID PARCEL 3; T HENCE S OUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3; THENCE SOUTH 83°17’30” WEST 89.78 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89°40’15” EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE T HROUGH A CENTRAL ANGLE OF 44° 33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 51°38’52” EAST 131.46 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,651 SQUARE FEET, MORE OR LESS.
TOGETHER W ITH AN EASEMENT F OR INGRESS, EGRESS AND PUBLIC UT ILITIES A S DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 7:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG S AID EAST LINE S OUTH 00°27’04” W EST 67.59 FEET T O THE NORTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP; THENCE NORTH 89°33’47” WEST 140.00 FEET ALONG THE NORTH LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP TO THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 59°48’03” EAST 33.55 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE T HROUGH A CENTRAL ANGLE OF 60 °07’48” AN ARC DISTANCE OF 47.23 FEET; THENCE
NORTH 83°17’30” EAST 89.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,396 SQUARE FEET, MORE OR LESS.
TOGETHER W ITH AN EASEMENT F OR INGRESS, EGRESS AND PUBLIC UT ILITIES A S DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
LOT A:
BEGINNING AT T HE SOUTHWEST C ORNER OF S AID PARCEL 3; T HENCE NOR TH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A P OINT ON Attachment No. 7
Exhibit A to Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
Attachment No. 7
Exhibit A to Authority Regulatory Agreement
4871-0487-2146v4/200382-0007
A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3; THENCE
ALONG SAID PARALLEL LINE SOUTH 89°33’47” EAST 70.00 FEET; THENCE NORTH 45°26’13” EAST 5.71 FEET; THENCE
NORTH 00°26’13” EAST 81.46 FEET; THENCE
NORTH 07°27’28” EAST 92.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 232°20’36” AN ARC DISTANCE OF 182.48 FEET; THENCE SOUTH 59°48’03” WEST 33.55 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE
SOUTH 00°27’04” WEST 130.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE
NORTH 89°33’47” WEST 124.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 3 TO THE POINT OF BEGINNING.
CONTAINING 15,032 SQUARE FEET, MORE OR LESS.
Assessor Parcel: APNs 481-270-065 thru -071 (formerly APN: 481-270-058) A
ttachment No. 8
Request for Notice of Default
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 8
REQUEST FOR NOTICE OF DEFAULT
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Moreno Valley Housing Authority
14177 Frederick Street
Moreno Valley, California 92552
Attention: Executive Director
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
Exempt from recording fees pursuant to Government
Code § 27383.
Request for Notice Under Section 2924b Civil Code
In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No. _____ on _____________, 202__, in Book , Page , Official Records of Riverside County, California, and describing land therein as
See Exhibit A attached hereto
executed by ____________________, as Trustor, in which ____________________ is named as Beneficiary, and _________________ as Trustee, be mailed to MORENO VALLEY HOUSING AUTHORITY, 14177 Frederick Street, Moreno Valley, California 92552, Attention: Executive Director.
NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE
WILL BE SENT ONLY TO THE ADDRESS CONTAINED THIS RECORDED REQUEST. IF YOUR ADDRESS CHANGES, A REQUEST MUST BE
RECORDED.
Exhibit A to Attachment No. 8
4871-0487-2146v4/200382-0007
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 28871 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED IN BOOK 194, PAGES 50 & 51 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT IN A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3 AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 85.50 FEET; THENCE SOUTH 89°33’47” EAST 74.01 FEET PARALLEL WITH SAID SOUTH LINE; THENCE SOUTH 00°26’13” WEST 81.46 FEET; THENCE
SOUTH 45°26’13” WEST 5.71 FEET TO A POINT ON SAID LINE PARALLEL WITH AND
14.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°33’47” WEST 70.00 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,321 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 2:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 99.50 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 90.57 FEET; THENCE SOUTH 82°32’32” EAST 84.50 FEET; THENCE
SOUTH 07°27’28” WEST 80.85 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 3; THENCE
NORTH 89°33’47” WEST 74.01 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,768 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
Exhibit A to Attachment No. 8
4871-0487-2146v4/200382-0007
PARCEL 3:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 190.07 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 110.10 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE
SOUTH 49°02’53” EAST 128.14 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°49’14” WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°43’18” AN ARC DISTANCE OF 28.84 FEET; THENCE
SOUTH 07°27’28” WEST 11.66 FEET; THENCE
NORTH 82°32’32” WEST 84.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,898 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 4:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3; THENCE SOUTH 00°26’13” WEST 69.36 FEET TO A POINT IN A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 00°32’39” EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°21’53” AN ARC DISTANCE OF 36.41 FEET; THENCE
NORTH 49°02’53” WEST 128.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,455 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 5:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTH LINE SOUTH 89°33’45” EAST 134.02 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE
SOUTH 51°38’52” WEST 131.46 FEET TO A POINT IN A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°06’27” EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
Exhibit A to Attachment No. 8
4871-0487-2146v4/200382-0007
NORTH 00°26’13” EAST 69.36 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,536 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 6:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3; THENCE SOUTH 83°17’30” WEST 89.78 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89°40’15” EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 51°38’52” EAST 131.46 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,651 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 7:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EAST LINE SOUTH 00°27’04” WEST 67.59 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP; THENCE NORTH 89°33’47” WEST 140.00 FEET ALONG THE NORTH LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP TO THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 59°48’03” EAST 33.55 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°07’48” AN ARC DISTANCE OF 47.23 FEET; THENCE
NORTH 83°17’30” EAST 89.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,396 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
LOT A:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT ON A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3; THENCE
ALONG SAID PARALLEL LINE SOUTH 89°33’47” EAST 70.00 FEET; THENCE
Exhibit A to Attachment No. 8
4871-0487-2146v4/200382-0007
NORTH 45°26’13” EAST 5.71 FEET; THENCE
NORTH 00°26’13” EAST 81.46 FEET; THENCE
NORTH 07°27’28” EAST 92.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 232°20’36” AN ARC DISTANCE OF 182.48 FEET; THENCE SOUTH 59°48’03” WEST 33.55 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE
SOUTH 00°27’04” WEST 130.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE
NORTH 89°33’47” WEST 124.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 3 TO THE POINT OF BEGINNING.
CONTAINING 15,032 SQUARE FEET, MORE OR LESS.
Assessor Parcel: APNs 481-270-065 thru -071 (formerly APN: 481-270-058)
Attachment No. 9
Scope
of Development
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 9
SCOPE OF DEVELOPMENT
[DRAFT FROM ANOTHER PROJECT WITH SOME EDITS
TO BE FULLY REDRAFTED BY MOVAL AND MECH, MECH ARCHITECT AND GENERAL CONTRACTOR]
I. G
ENERAL DESCRIPTION
The Site is specifically delineated on the Map and the Legal Description of the Site.
II. DEVELOPMENT
The Developer shall construct or cause to be constructed not fewer than seven (7) detached, single-family house s on the Site (“Affordable Homes”), comprised of four 3-bedrooms with 2 bathrooms and three 4 -bedrooms with 2 bathrooms, together with all on-site and off-site features that comprise the Onsite Improvements and Offsite Improvements described in this Scope of Development, including without limitation landscaping. All such improvements collectively constitute the “Improvements”. The Improvements are to be accomplished in one phase consisting of the development of seven (7) Affordable Homes and any off sites or conditions of City approvals for the Site.
The quality of construction shall be of a high level. The Improvements shall conform to the approved plans on file with the City as of the Date of Agreement as supplemented by the Design Development Drawings (“ Approved Plans”), including all conditions and mitigation measures. No Affordable Home shall have air conditioning as of the time it is sold to a Homebuyer . This Agreement shall not prevent an owner of Affordable Home from making improvements to an Affordable Home at a time after the Affordable Home has been conveyed to such owner; the City shall have no responsibilities regarding any such future improvements.
The Developer shall commence and complete the Improvements by the respective times established therefor in the Schedule of Performance.
III. DEVELOPMENT STANDARDS
The Improvements shall conform to all applicable state laws and regulations and to local zoning, applicable provisions of the Municipal Code of the City of Moreno Valley (“ Municipal Code”) and the following development standards:
A. General Requirements:
1. Vehicular Access. The placement of vehicular driveways shall be coordinated with the needs of proper street traffic flow as approved by the City. In the interest of minimizing traffic congestion, the City will control the number and location of curb breaks for access to the Site for off-street parking and truck loading. All access driveways shall require written approval of the City staff.
Attachment No. 9
Scope of Development
4871-0487-2146v4/200382-0007
2. Building Signs. Signs shall be limited in size, subdued and otherwise designed to contribute positively to the environment. Signs identifying the building use will be permitted, but their height, size, location, color, lighting and design will be subject to City staff approval, and signs must conform to the Municipal Code.
3. Screening. All outdoor storage of materials or equipment shall be enclosed or screened to the extent and in the manner required by the City staff.
4. Landscaping. The Developer shall provide and maintain landscaping within the public rights -of-way and within setback area along all street frontages and conforming to the plans as hereafter approved by the City.
Landscaping shall consist of trees, shrubs and installation of an automatic irrigation system adequate to maintain such plant material. The type and size of trees to be planted, together with a landscaping plan, shall be subject to the Authority staff approval prior to planting.
5. Utilities. All utilities on the Site provided to service the units rehabilitated or reconstructed by the Developer shall be underground at Developer’s expense.
6. Building Design. Buildings shall be constructed such that the Improvements shall be of high architectural quality, and shall be effectively and aesthetically designed and in conformance with City approvals.
B. Design Features:
The following design features are considered essential components to the Improvements:
Handicapped Units – Handicapped Units, if any, are to be fully handicapped accessible in compliance with State Housing Code - Title 24 requirements.
Security - The details of security will be reviewed upon submission of the detailed plans.
Overall Design Quality, Materials, Colors, Design Features - Quality of design is important, materials and colors are to be approved by City.
Garages – Garage facilities (and not merely carports) shall be made available for each dwelling unit on Site.
C. City Processing:
Upon conclusion of the City’s design and review processes as set forth in the HOME Investment Partnership and Affordable Housing Agreement (“AHA”), construction of the Improvements in conformity with such approvals shall be deemed to conform to this Article III of this Scope of Development.
Attachment No. 9
Scope of Development
4871-0487-2146v4/200382-0007
IV. DEMOLITION AND SOILS
The Developer assumes all responsibility for surface and subsurface conditions at the Site , a
nd the suitability of the Site for the Improvements. The Developer has undertaken all investigation of the Site as it shall deem necessary and has not received or relied upon any representations of the City, the City, or their respective officers, agents and employees. [UPDATE AND INSERT MORE DETAILS, AND/OR ATTACH A SET OF APPROVED
PLANS AND SPECS SO AS TO AVOID ANY VALUE ENGINEERING IN QUALITY OF CONSTRUCTION AND MATERIALS]
Attachment No. 10
Certificate of Completion
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 10
CERTIFICATE OF COMPLETION OF CONSTRUCTION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Mary Erickson Community Housing
24681 La Plaza #240
Dana Point, California 92629
Attention: Executive Director
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.
CERTIFICATE OF COMPLETION OF CONSTRUCTION
This CERTIFICATE OF COMPLETION OF CONSTRUCTION (“Certificate”) is made by the MORENO VALLEY HOUSING AUTHORITY, a public body, corporate and politic (“Authority”), in favor of MARY ERICKSON COMMUNITY HOUSING , a California nonprofit public benefit corporation (“Developer”), as of the date set forth below.
R E C I T A L S
A. Authority and Developer have entered into that certain HOME Investment Partnership and Affordable Housing Agreement (“Agreement”) dated as of June 17, 2025 as approved by Housing Authority Resolution No. 2025-HA-____, concerning the disposition and development of certain real property situated in the City of Moreno Valley, California, as more fully described in Exhibit A attached hereto and made a part hereof (“Property”).
B. As referenced in the Agreement, Authority is required to furnish the Developer or its successors with a Certificate of Completion of Construction upon completion of construction of the Project and Onsite Improvements and Offsite Improvements as defined in the Agreement, which Certificate is required to be in such form as to permit it to be recorded in the Official Records, County of Riverside, State of California. This Certificate is conclusive determination of satisfactory completion of the construction and development required by the Agreement.
C. Authority has conclusively determined that the construction of the Onsite Improvements and Offsite Improvements has been satisfactorily completed.
NOW, THEREFORE, Authority hereby certifies as follows:
1. Authority does hereby certify that the construction of the Onsite Improvements and Offsite Improvements have been fully and satisfactorily completed in full conformance with the Agreement.
Attachment No. 10
Certificate of Completion
4871-0487-2146v4/200382-0007
2. This Certificate shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Site, or any part thereof.
3. This Certificate shall not constitute evidence of Developer’s compliance with those covenants in the Agreement that survive the issuance of this Certificate or Developer’s compliance to construct Onsite Improvements and Offsite Improvements other than those situated on the Site.
4. This Certificate is not a Notice of Completion as referred to in California Civil Code Section 3093.
5. Nothing contained in this instrument shall modify in any other way any other provisions of the Agreement or documents recorded in connection therewith concerning the use of the Site.
IN WITNESS WHEREOF, Authority has executed this Certificate of Completion this _______________ day of ________________, 202_.
MORENO VALLEY HOUSING AUTHORITY, a
public body corporate and politic
By:
Brian Mohan
Its: Executive Director
Attachment No. 10
Exhibit A Legal Description
4871-0487-2146v4/200382-0007
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 28871 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED IN BOOK 194, PAGES 50 & 51 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT IN A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3 AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 85.50 FEET; THENCE SOUTH 89°33’47” EAST 74.01 FEET PARALLEL WITH SAID SOUTH LINE; THENCE SOUTH 00°26’13” WEST 81.46 FEET; THENCE
SOUTH 45°26’13” WEST 5.71 FEET TO A POINT ON SAID LINE PARALLEL WITH AND
14.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°33’47” WEST 70.00 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,321 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 2:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 99.50 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 90.57 FEET; THENCE SOUTH 82°32’32” EAST 84.50 FEET; THENCE
SOUTH 07°27’28” WEST 80.85 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 3; THENCE
NORTH 89°33’47” WEST 74.01 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,768 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
Attachment No. 10
Exhibit A Legal Description
4871-0487-2146v4/200382-0007
PARCEL 3:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 190.07 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 110.10 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE
SOUTH 49°02’53” EAST 128.14 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°49’14” WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°43’18” AN ARC DISTANCE OF 28.84 FEET; THENCE
SOUTH 07°27’28” WEST 11.66 FEET; THENCE
NORTH 82°32’32” WEST 84.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,898 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 4:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3; THENCE SOUTH 00°26’13” WEST 69.36 FEET TO A POINT IN A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 00°32’39” EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°21’53” AN ARC DISTANCE OF 36.41 FEET; THENCE
NORTH 49°02’53” WEST 128.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,455 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 5:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTH LINE SOUTH 89°33’45” EAST 134.02 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE
SOUTH 51°38’52” WEST 131.46 FEET TO A POINT IN A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°06’27” EAST; THENCE
Attachment No. 10
Exhibit A Legal Description
4871-0487-2146v4/200382-0007
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 00°26’13” EAST 69.36 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,536 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 6:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3; THENCE SOUTH 83°17’30” WEST 89.78 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89°40’15” EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 51°38’52” EAST 131.46 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,651 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 7:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EAST LINE SOUTH 00°27’04” WEST 67.59 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP; THENCE NORTH 89°33’47” WEST 140.00 FEET ALONG THE NORTH LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP TO THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 59°48’03” EAST 33.55 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°07’48” AN ARC DISTANCE OF 47.23 FEET; THENCE
NORTH 83°17’30” EAST 89.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,396 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
LOT A:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT ON
Attachment No. 10
Exhibit A Legal Description
4871-0487-2146v4/200382-0007
A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3; THENCE
ALONG SAID PARALLEL LINE SOUTH 89°33’47” EAST 70.00 FEET; THENCE NORTH 45°26’13” EAST 5.71 FEET; THENCE
NORTH 00°26’13” EAST 81.46 FEET; THENCE
NORTH 07°27’28” EAST 92.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 232°20’36” AN ARC DISTANCE OF 182.48 FEET; THENCE SOUTH 59°48’03” WEST 33.55 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE
SOUTH 00°27’04” WEST 130.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE
NORTH 89°33’47” WEST 124.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 3 TO THE POINT OF BEGINNING.
CONTAINING 15,032 SQUARE FEET, MORE OR LESS.
Assessor Parcel: APNs 481-270-065 thru -071 (formerly APN: 481-270-058)
Attachment No. 11
Calculation of Affordable Housing Cost
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 11
CALCULATION OF AFFORDABLE HOUSING COST
I. Income Eligibility1
The first step in determining eligibility for an ownership affordable housing program is determining whether the family that will be purchasing the Affordable Home meets the income standards applicable to Riverside and San Bernardino Counties, based upon the size of the family as published annually by the State of California, Department of Housing and Community Development.
II. Determining Affordable Housing Cost
For ownership housing, the second step in determining compliance with affordable housing requirements is determining whether the total housing costs payable by the buyer are within allowable amounts.
As an example calculation only and for the three - and four-bedroom Affordable Homes for this Project, based on 2025 State HCD Income Limits for a Low Income Household:
For Lower Income Buyers:
2 • purchasing a 3 bedroom house, monthly housing payments may not exceed $1,818.25 • purchasing a 4 bedroom house, monthly housing payments may not exceed $1,963.50 In addition, for any Lower Income Household buyers whose income falls within the following guidelines, it is optional for the agency to require that affordable housing cost not exceed 30 percent of the gross income of the household 3, which for the three - and four-bedroom Affordable Homes for this Project:
• 3 person households whose income is between $66,385 and $80,550 • 4 person households whose income is between $73,769 and $89,500 • 5 person households whose income is between $79,662 and $96,700 • 6 person households whose income is between $85,555 and $103,850 • 7 person households whose income is between $91,484 and $111,000 • 8 person households whose income is between $97,377 and $118,150
1 Based on currently effective median income of both Riverside and San Bernardino Counties , as released by the State of California, Department of Housing and Community Development (“HCD”) by memorandum dated and effective as of April 23, 2025 and posted on the HCD website. These figures of median income and by income category are revised annually by HCD.
2 Affordable Housing Cost for Lower Income Households is the product of 30 percent times 70 percent of the area median income adjusted for family size appropriate for the unit. Health and Safety Code Section 50052.5(b)(3).
3 Health and Safety Code Section 50052.5(b)(3)
Attachment No. 11
Calculation of Affordable Housing Cost
4871-0487-2146v4/200382-0007
“Affordable Housing Cost” for the purposes of the Agreement is that purchase price which would result in a monthly housing cost which does not exceed the product of thirty percent (30%) times seventy percent (70%) of Riverside County median income adjusted for family size appropriate for the Affordable Home or, if actual household income is greater than 70% but less than 80%, then thirty percent (30%) times the actual household income , but not to exceed eighty percent (80%) of Area Median Income without adjustment for family size appropriate for the unit.
For a three -bedroom Affordable Home, the maximum allowable monthly housing costs for Low Income Household purchasers may not exceed 1/12 of 30% x 70% of Riverside County Median Income for a family of 4 (which median income constitutes $103,900 in 2025), or $1,818.25/month; provided that, the determination of the Authority and City shall control.
Monthly Housing Costs include:
a. Mortgage Principal and Interest
b. Private Mortgage Insurance
c. Property Taxes
d. Fire/Casualty Insurance
e. Property Maintenance
f. Utilities Allowance
g. Homeowner’s Association Fees (if any)
Attachment No. 12
Developer Sale Certificate
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 12
DEVELOPER SALE CERTIFICATE
(Developer Letterhead)
Moreno Valley Housing Authority
14177 Frederick Street
Moreno Valley, California 92552
Attn: Executive Director
This constitutes a Developer Sale Certificate under that certain HOME Investment and Affordable Housing Agreement (“AHA”), dated as of June 17, 2025 between the Moreno Valley Housing Authority (“Housing Authority”) and Mary Erickson Community Housing, a California nonprofit public benefit corporation (“Developer”). All capitalized terms not defined herein shall have the respective meanings established therefor in the AHA. Developer acknowledges that each of Authority (and City of Moreno Valley) will rely upon this Developer Sale Certificate.
Developer is proposing to sell that property located at [___] Lantana Court ), Moreno Valley, California [Parcel No. 1 to 7, as applicable] , to ___________________________ (“Homebuyer”) for a sale price of ________________________ Dollars ($_____________) consisting of:
___________________ [list components of purchase price, including down payment and promissory note payable by Homebuyer to Developer]. With respect to this proposed sale (“Proposed Sale”), Developer represents, warrants and certifies to each of City and Housing Authority as follows:
1. The Homebuyer is an Eligible Homebuyer;
2. The Homebuyer has satisfactorily completed a Homeowner Training Program and has obtained a Homebuyer Training Certificate submitted herewith as Exhibit A. The Homebuyer Training Certificate remains in effect as of the date of this Developer Sale Certificate;
3. The Homebuyer has executed or is prepared to execute all instruments required to be executed by Homebuyer under the AHA, and a purchase and sale agreement with Developer;
4. The purchase price complies with the AHA and does not exceed Current Market Appraised Value;
5. The Affordable Home and the lot upon which it is situated (“ Lot”, and, together with the Affordable Home , the “Property”) has been completed in compliance with the Plans and the AHA;
6. Developer has met with Homebuyer and Developer has discussed with Homebuyer the provisions of the Homebuyer Covenants and the Authority Homebuyer Covenants.
7. Developer has not received and shall not receive any remuneration from the Homebuyer excepting as has been disclosed in writing by Developer to City.
Attachment No. 12
Developer Sale Certificate
4871-0487-2146v4/200382-0007
8. Developer has not committed any Default under the AHA, nor is Developer aware of any facts or circumstances the continuation of which would constitute an event of Default under the AHA.
9. Developer is not aware of any mechanics’ liens, liens of materialmen, claims, lawsuits or losses concerning the Property.
MARY ERICKSON COMMUNITY HOUSING
a California nonprofit public benefit corporation
By:
Susan McDevitt
Its: Executive Director
Dated: ___________________
Exhibit A to Attachment No. 12
Homebuyer Training Certificate
4871-0487-2146v4/200382-0007
EXHIBIT A
HOMEBUYER TRAINING CERTIFICATE
[to be attached]
Attachment No. 13
Authority Grant Deed
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 13
AUTHORITY DEED
Recording Requested By:
When Recorded Return To and
Mail Tax Statements To:
APN: (Space above for Recorder’s Use.)
DOCUMENTARY TRANSFER TAX
$1.00* computed on the consideration or value of property conveyed; OR ______ computed on the consideration or value less liens or encumbrances remaining at time of sale.
The undersigned Grantor
Signature of Declarant or Agent determining tax - Firm Name *The value of the property in this conveyance, exclusive of liens and encumbrances is One Dollar ($1.00) or less, and there is no additional consideration received by the Grantor(s), R & T 11911
GRANT DEED
For a valuable consideration receipt of which is hereby acknowledged, The MORENO VALLEY HOUSING AUTHORITY, a public body, corporate and politic herein called “Grantor” (or “Authority”), as housing successor to the former Community Redevelopment Agency of the City of Moreno Valley pursuant to Health & Safety Code Section 34176, hereby grants to MARY ERICKSON COMMUNITY HOUSING , a California nonprofit public benefit corporation, herein called “Grantee” or “Developer,” the real property hereinafter referred to as “Property”, described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants or record described there.
1. Said Property is conveyed in accordance with and subject to that certain unrecorded HOME Investment Partnership and Affordable Housing Agreement entered into among Grantor and Grantee dated as of June 17, 2025 (“AHA”), a copy of which is on file with the Grantor at its offices as a public record. Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the AHA.
2. The Grantee hereby covenants and agrees, for itself and its successors and assigns, that the Grantee shall restrict the Property and the improvements thereon in accordance with this
Attachment No. 13
Authority Grant Deed
4871-0487-2146v4/200382-0007
Grant Deed to preserve its value for the benefit of Grantee, its successors and the surrounding neighborhood.
3. Nondiscrimination Covenants . Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.
Developer shall refrain from restricting the rental, sale or lease of the Site on the basis of race, color, religion, sex, marital status, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
In contracts: “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
Attachment No. 13
Authority Grant Deed
4871-0487-2146v4/200382-0007
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” The covenants established in this Section 3 shall, without regard to technical classification and designation, be binding for the benefit and in favor of Authority and its successors and assigns, and shall remain in effect in perpetuity.
Attachment No. 13
Authority Grant Deed
Page S-1
4871-0487-2146v4/200382-0007
IN WITNESS WHEREOF , the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized, this __ day of _________, 2025.
GRANTOR:
MORENO VALLEY HOUSING AUTHORITY,
a public body, corporate and politic
By:
Brian Mohan
Its: Executive Director
The Grantee agrees to be bound by the covenants set forth above.
GRANTEE:
MARY ERICKSON COMMUNITY HOUSING,
a California nonprofit public benefit corporation
By: ______________________________________
Susan McDevitt
Its: Executive Director
E
xhibit A to Attachment No. 13
Legal Description
4871-0487-2146v4/200382-0007
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION OF SITE (PROPERTY)
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 28871 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED IN BOOK 194, PAGES 50 & 51 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT IN A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3 AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 85.50 FEET; THENCE SOUTH 89°33’47” EAST 74.01 FEET PARALLEL WITH SAID SOUTH LINE; THENCE SOUTH 00°26’13” WEST 81.46 FEET; THENCE
SOUTH 45°26’13” WEST 5.71 FEET TO A POINT ON SAID LINE PARALLEL WITH AND
14.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°33’47” WEST 70.00 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,321 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 2:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 99.50 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 90.57 FEET; THENCE SOUTH 82°32’32” EAST 84.50 FEET; THENCE
SOUTH 07°27’28” WEST 80.85 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 3; THENCE
NORTH 89°33’47” WEST 74.01 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,768 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 3:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 190.07 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 110.10 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE
SOUTH 49°02’53” EAST 128.14 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°49’14” WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE T HROUGH A CENTRAL ANGLE OF 36° 43’18” AN ARC DISTANCE OF 28.84 FEET; THENCE
SOUTH 07°27’28” WEST 11.66 FEET; THENCE
NORTH 82°32’32” WEST 84.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,898 SQUARE FEET, MORE OR LESS.
TOGETHER W ITH AN EASEMENT F OR INGRESS, EGRESS AND PUBLIC UT ILITIES A S DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 4:
BEGINNING AT T HE NORTHWEST C ORNER OF S AID PARCEL 3; T HENCE S OUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3; THENCE SOUTH 00°26’13” WEST 69.36 FEET TO A POINT IN A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 00°32’39” EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE T HROUGH A CENTRAL ANGLE OF 46° 21’53” AN ARC DISTANCE OF 36.41 FEET; THENCE
NORTH 49°02’53” WEST 128.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,455 SQUARE FEET, MORE OR LESS.
TOGETHER W ITH AN EASEMENT F OR INGRESS, EGRESS AND PUBLIC UT ILITIES A S DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 5:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTH LINE S OUTH 89°33’45” EAST 1 34.02 F EET TO THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE
SOUTH 51°38’52” WEST 131.46 FEET TO A POINT IN A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°06’27” EAST; THENCE
Attachment No. 13
Legal Description
4871-0487-2146v4/200382-0007
NORTHWESTERLY ALONG SAID CURVE T HROUGH A CENTRAL ANGLE OF 44°33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 00°26’13” EAST 69.36 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,536 SQUARE FEET, MORE OR LESS.
TOGETHER W ITH AN EASEMENT F OR INGRESS, EGRESS AND PUBLIC UT ILITIES A S DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 6:
BEGINNING AT T HE NOR THEAST C ORNER OF S AID PARCEL 3; T HENCE S OUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3; THENCE SOUTH 83°17’30” WEST 89.78 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89°40’15” EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE T HROUGH A CENTRAL ANGLE OF 44° 33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 51°38’52” EAST 131.46 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,651 SQUARE FEET, MORE OR LESS.
TOGETHER W ITH AN EASEMENT F OR INGRESS, EGRESS AND PUBLIC UT ILITIES A S DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 7:
BEGINNING AT T HE NOR THEAST C ORNER OF S AID PARCEL 3; T HENCE S OUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG S AID EAST LINE S OUTH 00°27’04” W EST 67.59 FEET T O THE NORTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP; THENCE NORTH 89°33’47” WEST 140.00 FEET ALONG THE NORTH LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP TO THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 59°48’03” EAST 33.55 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE T HROUGH A CENTRAL ANGLE OF 60 °07’48” AN ARC DISTANCE OF 47.23 FEET; THENCE
NORTH 83°17’30” EAST 89.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,396 SQUARE FEET, MORE OR LESS.
TOGETHER W ITH AN EASEMENT F OR INGRESS, EGRESS AND PUBLIC UT ILITIES A S DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
Attachment No. 13
Legal Description
4871-0487-2146v4/200382-0007
LOT A:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT ON A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3; THENCE
ALONG SAID PARALLEL LINE SOUTH 89°33’47” EAST 70.00 FEET; THENCE NORTH 45°26’13” EAST 5.71 FEET; THENCE
NORTH 00°26’13” EAST 81.46 FEET; THENCE
NORTH 07°27’28” EAST 92.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 232°20’36” AN ARC DISTANCE OF 182.48 FEET; THENCE SOUTH 59°48’03” WEST 33.55 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE
SOUTH 00°27’04” WEST 130.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE
NORTH 89°33’47” WEST 124.04 FEET AL ONG THE SOUTH LINE OF S AID PARCEL 3 T O THE POINT OF BEGINNING.
CONTAINING 15,032 SQUARE FEET, MORE OR LESS.
Assessor Parcel: APNs 481-270-065 thru -071 (formerly APN: 481-270-058) Attachment No. 13
Legal Description
4871-0487-2146v4/200382-0007
Attachment No. 14
Intentionally Omitted
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 14
[INTENTIONALLY OMITTED]
Attachment No. 15
Memorandum of Agreement
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 15
MEMORANDUM OF AGREEMENT
Recording Requested By and
When Recorded Mail To:
Moreno Valley Housing Authority
14177 Frederick Street
Moreno Valley, California 92552
Attn: Executive Director
SPACE ABOVE THIS LINE FOR RECORDER’S USE
(This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.)
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT (“Memorandum”), dated as of _____________, 2025, is entered into by and between the MORENO VALLEY HOUSING AUTHORITY, a public body corporate and politic (“Authority”), and MARY ERICKSON COMMUNITY HOUSING, a California nonprofit public benefit corporation (“Developer”).
1. HOME Investment Partnership and Affordable Housing Agreement . Authority and Developer have executed an unrecorded HOME Investment Partnership and Affordable Housing Agreement (“Agreement”) dated as of June 17, 2025, covering that certain real property located in the City of Moreno Valley, County of Riverside, State of California, more fully described in Exhibit A attached hereto and incorporated herein by this reference. The Agreement is on file as a public record with the Authority at its offices at 14177 Frederick Street, Moreno Valley, California 92552. All of the terms, conditions, provisions and covenants of the Agreement are incorporated in this Memorandum by reference as though written out at length herein, and the Agreement and this Memorandum shall be deemed to constitute a single instrument or document.
2. Purpose of Memorandum. This Memorandum is prepared for recordation purposes only, and in no way modifies the terms, conditions, provisions and covenants of the Agreement. In the event of any inconsistency between the terms, conditions, provisions and covenants of this Memorandum and the Agreement, the terms, conditions, provisions and covenants of the Agreement shall prevail.
[Signature Blocks begin on next page]
Attachment No. 15
Memorandum of Agreement
4871-0487-2146v4/200382-0007
DEVELOPER:
MARY ERICKSON COMMUNITY HOUSING,
a California nonprofit public benefit corporation
By: __________________________________
Susan McDevitt, Executive Director
AUTHORITY:
MORENO VALLEY HOUSING AUTHORITY, a
public body, corporate and politic
By:
Brian Mohan, Executive Director
or Authorized Designee
ATTEST:
M. Patricia Rodriguez, Authority Secretary
Attachment No. 15
Exhibit A Legal Description to
Memorandum of Agreement
4871-0487-2146v4/200382-0007
EXHIBIT “A”
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 28871 IN THE CITY OF MORENO VALLEY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED IN BOOK 194, PAGES 50 & 51 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT IN A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3 AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 85.50 FEET; THENCE SOUTH 89°33’47” EAST 74.01 FEET PARALLEL WITH SAID SOUTH LINE; THENCE SOUTH 00°26’13” WEST 81.46 FEET; THENCE
SOUTH 45°26’13” WEST 5.71 FEET TO A POINT ON SAID LINE PARALLEL WITH AND
14.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°33’47” WEST 70.00 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,321 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 2:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 99.50 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 90.57 FEET; THENCE SOUTH 82°32’32” EAST 84.50 FEET; THENCE
SOUTH 07°27’28” WEST 80.85 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 3; THENCE
NORTH 89°33’47” WEST 74.01 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,768 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
Attachment No. 15
Memorandum of Agreement
4871-0487-2146v4/200382-0007
P
ARCEL 3:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 190.07 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST LINE NORTH 00°27’09” EAST 110.10 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE
SOUTH 49°02’53” EAST 128.14 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°49’14” WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°43’18” AN ARC DISTANCE OF 28.84 FEET; THENCE
SOUTH 07°27’28” WEST 11.66 FEET; THENCE
NORTH 82°32’32” WEST 84.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,898 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 4:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3; THENCE SOUTH 00°26’13” WEST 69.36 FEET TO A POINT IN A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 00°32’39” EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°21’53” AN ARC DISTANCE OF 36.41 FEET; THENCE
NORTH 49°02’53” WEST 128.14 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,455 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 5:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 89°33’45” EAST 130.01 FEET ALONG THE NORTH LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTH LINE SOUTH 89°33’45” EAST 134.02 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE
SOUTH 51°38’52” WEST 131.46 FEET TO A POINT IN A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 45°06’27” EAST; THENCE
Attachment No. 15
Memorandum of Agreement
4871-0487-2146v4/200382-0007
NOR
THWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 00°26’13” EAST 69.36 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,536 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 6:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3; THENCE SOUTH 83°17’30” WEST 89.78 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 89°40’15” EAST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44°33’48” AN ARC DISTANCE OF 35.00 FEET; THENCE
NORTH 51°38’52” EAST 131.46 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,651 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
PARCEL 7:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 00°27’04” WEST 102.59 FEET ALONG THE EAST LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EAST LINE SOUTH 00°27’04” WEST 67.59 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP; THENCE NORTH 89°33’47” WEST 140.00 FEET ALONG THE NORTH LINE OF PARCELS 1 AND 2 OF SAID PARCEL MAP TO THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 59°48’03” EAST 33.55 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°07’48” AN ARC DISTANCE OF 47.23 FEET; THENCE
NORTH 83°17’30” EAST 89.78 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,396 SQUARE FEET, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES AS DESCRIBED AND SHOWN AS LOT A HEREINAFTER.
Attachment No. 15
Memorandum of Agreement
4871-0487-2146v4/200382-0007
LO
T A:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 00°27’09” EAST 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 3 TO A POINT ON A LINE PARALLEL WITH AND 14.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID PARCEL 3; THENCE
ALONG SAID PARALLEL LINE SOUTH 89°33’47” EAST 70.00 FEET; THENCE NORTH 45°26’13” EAST 5.71 FEET; THENCE
NORTH 00°26’13” EAST 81.46 FEET; THENCE
NORTH 07°27’28” EAST 92.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 45.00 FEET; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 232°20’36” AN ARC DISTANCE OF 182.48 FEET; THENCE SOUTH 59°48’03” WEST 33.55 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE
SOUTH 00°27’04” WEST 130.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE
NORTH 89°33’47” WEST 124.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 3 TO THE POINT OF BEGINNING.
CONTAINING 15,032 SQUARE FEET, MORE OR LESS.
Assessor Parcel: APNs 481-270-065 thru -071 (formerly APN: 481-270-058) A
ttachment No. 16
Reimbursement Agreement for Offsite Improvements
4871-0487-2146v4/200382-0007
ATTACHMENT NO. 16
REIMBURSEMENT AGREEMENT FOR OFFSITE PUBLIC IMPROVEMENTS (Lantana Court Affordable Housing Project)
4907-2492-2174v4/200382-0007
ATTACHMENT NO. 16
REIMBURSEMENT AGREEMENT FOR OFFSITE PUBLIC IMPROVEMENTS (Lantana Court Affordable Housing Project)
This REIMBURSEMENT AGREEMENT FOR PUBLIC IMPROVEMENTS
(Lantana Court Affordable Housing Project) (“Reimbursement Agreement”) is made as of June 17, 2025, by and between the MORENO VALLEY HOUSING AUTHORITY, a public body corporate and politic (“ Authority”), the CITY OF MORENO VALLEY, a California municipal corporation (“City”), and MARY ERICKSON COMMUNITY HOUSING, a California nonprofit public benefit corporation (“Developer”). The Authority and City may together be referred to as “MoVal”.
R E C I T A L S
The following recitals are a substantive part of this Reimbursement Agreement:
A. Concurrent with the date of this Reimbursement Agreement Authority and Developer are entering into that certain HOME Investment Partnership and Affordable Housing Agreement (Lantana Court) dated June 17, 2025 (“Agreement”). Capitalized terms used in this Reimbursement Agreement are as defined in the Agreement or as specifically defined herein.
B. The Agreement relates to the development of a seven-unit ownership affordable housing project on a 1.4- acre Site. Under the AHA, Developer agrees to cause the construction and completion of certain Offsite Improvements that include a new street and related public works improvements necessary for the Project.
C. The HOME Program, HAL, and Dissolution Law authorize Authority to pay all or a part of the cost for and value of certain offsite public improvements necessary for the Project.
D. Pursuant to the Agreement certain Offsite Improvements are required to be constructed by Developer for payment and reimbursement of incurred costs by Authority up to a maximum not to exceed amount of One Million Two Hundred Thousand Dollars ($1,200,000.00) from the following sources (a) approximately but not to exceed $850,000 of Measure A funds allocated to the City by the County of Riverside, which funds are intended for construction of local streets and roads among other transportation improvements, and (b) the balance of approximately up to $425,000 from LMIHAF , but in no event to cumulatively to exceed $1,200,000 from all MoVal funding sources, on a reimbursement basis to complete the Offsite Improvements that include the new cul de sac street for ingress and egress to the Project of seven (7) Affordable Homes.
E. Authority has determined that it would be expeditious for Developer and its selected public works contractor to actually construct and complete the Offsite Improvements , subject to reimbursement by Authority to Developer of certain costs incurred pursuant to this Reimbursement Agreement and the Agreement in the maximum amount of $1,200,000.00 from MoVal funding sources. The Offsite Improvements that Authority desires Developer to construct are set forth in Exhibit A that is attached hereto and incorporated herein by this reference.
F. Developer desires by this Reimbursement Agreement to cause the construction and completion of the Offsite Improvements , subject to Authority’s reimbursement to Developer of the
2 4907-2492-2174v4/200382-0007
costs therefor pursuant to this Reimbursement Agreement in the maximum amount of One Million Two Hundred Thousand Dollars ($1,200,000.00).
G. To the extent there is an inconsistency or conflict between the provisions of this Reimbursement Agreement and the provisions of the Agreement, the provisions of the Agreement shall prevail and control.
NOW, THEREFORE, Authority, City, and Developer agree as follows:
Section 1. Construction of Offsite Improvements. Developer shall cause undertake a good faith bidding process to solicit bids from qualified general contractors, from which the lowest responsible bidder shall be selected by Developer (“Contractor”), subject to MoVal concurrent review and approval of the bid package and bid selection process. The identity of the Developer’s contractor responsible for the construction of the Offsite Improvements is subject to the bidding procedures of Section 6 hereinafter and the approval of the Authority Executive Director and City Engineer, which approval shall not unreasonably be withheld. Developer and Contractor shall enter into a Construction Contract for construction through completion of the Offsite Improvements in connection with the construction and completion of the Improvements. MoVal shall review the form of the Construction Contract prior to execution by Developer and its selected lowest responsible bidding contractor. The Construction Contract shall include a disburseme nt schedule approved by MoVal. Developer fully assumes all obligations, requirements and conditions under the Agreement with respect to the completion of the Offsite Improvements and Developer agrees to construct and/or cause the construction and completion of the Offsite Improvements in accordance with the Plans and Specifications (as defined in Section 5 below) and applicable City standards, regulations, and state, and federal laws. (a) Prior to entering into this Reimbursement Agreement and as set forth in the Agreement, Authority contracted for and already has paid for professional services for preparation of engineering plans for the new street component of the Offsite Improvements, which Developer and Contractor may utilize in connection with construction of the Offsite Improvements.
Section 2. Reimbursement. Developer shall cause the construction through completion of and shall pay for the costs of any and all additional engineering and design work, and the costs for administrative management, construction and completion of the Offsite Improvements , including without limitation bond costs and Permit Fees, as more particularly provided below. Authority shall pay for and/or reimburse Developer for up to $1,200,000.00 in costs incurred on a disbursement schedule set forth in the Construction Contr act; provided however, to the extent any claimed reimburseable cost is otherwise requested by Developer or is otherwise reimbursed pursuant to the Agreement, then such costs shall not be eligible for reimbursement hereunder, in order to prevent any double reimbursement for costs associated with the engineering, design, construction, and completion of the Offsite Improvements . As and when the stages of work of improvement for the Offsite Improvements are completed and inspected, then Authority will issue pa yment or reimbursement directly to the Contractor, provided that such cumulative amount of payments or reimbursements shall not exceed $1,200,000, subject to the provision prohibiting double reimbursement as described above in this Section 2.
Section 3. Cost of Other Improvements. Developer shall bear all costs of any and all the onsite Project Improvements, and any and all costs related to the Offsite Improvements in excess of the maximum reimbursement amount of $1,200,000.00. Nothing contained herein shall limit or impair
3 4907-2492-2174v4/200382-0007
the Authority’s or Developer’s obligations under the Agreement with respect to undertaking and completing all Improvements other than the Offsite Improvements payable hereunder.
Section 4. Engineering and Construction Management Costs . Subject to reimbursement by Authority pursuant hereto, Developer shall engage and pay for the civil engineering firm that has already worked on design plans for the Offsite Improvements, to continue with and complete all of the construction drawings and detailed Plans and Specifications for the Offsite Improvements as may be required in order to adequately bid and undertake through completion of such items of work.
Section 5. Plans and Specifications for Offsite Improvements. Developer shall prepare, or cause to be prepared, and submit to Executive Director and City Engineer plans and specifications, construction drawings, and related documents for the Offsite Improvements (“Plans and Specifications”) for review and written approval of same . The Plans and Specifications shall be submitted in three (3) stages: preliminary schematic, 50% complete, and final working drawings.
Preliminary schematic drawings shall include plans, e levations and sections of the Offsite Improvements as they are to be constructed and a description of the structural, mechanical and electrical systems, if any, pertaining to the Offsite Improvements . Final working drawings for the Plans and Specifications are hereby defined as those in sufficient detail to obtain building permits and in conformity with all applicable City standards for public works projects as determined by the City Engineer. Approval of progressively more detailed drawings and specifica tions will be granted by Executive Director and City Engineer, or their designee(s), if they are not in conflict with drawings or specifications theretofore approved. Any items so submitted and approved in writing by Executive Director and City Engineer s hall not be subject to subsequent disapproval. Authority shall not be responsible either to Developer, Contractor, and any and all third parties in any way for any defects in the construction drawings and related documents, nor for any structural or other defects in any work done according to the approved construction drawings and related documents.
Section 6. Bidding and Award. Developer shall solicit not fewer than three (3) bids from qualified licensed contractors for each portion of the Offsite Improvements . Developer shall use reasonable efforts to solicit and obtain bids from local businesses by making available all plans for the Offsite Improvements to local contractors by submission to local trade publications, and shall include the following contractor entities (a) All-American Asphalt, (b) R.J Nobel, and (c) Hardy & Harper Inc.
Developer shall enter into the Construction Contract (s) with the lowest responsible bidder(s) as the “Contractor(s)” for the performance of the work set forth in the selected bid(s). Developer shall submit to Executive Director and City Engineer a summary of all bid solicitations, bids, and Construction Contracts and subcontracts within fifteen (15) after each construction contract is executed. To the extent feasible and in compliance with Section 3 federal requirements (as defined in the Agreement), contracts for work to be p erformed in connection with the construction of the Offsite Improvements shall be awarded to business concerns which are located in, or owned in substantial part by persons residing within, the City.
Section 7. Stop Notices . Developer shall include in each Construction Contract a provision authorizing Developer to withhold payments otherwise due to such Contractor for work on the Offsite Improvements in the event that stop notices are filed with Authority or City. In the event that a stop notice, which is valid on its face, is timely filed with Authority or City, Authority will promptly notify Developer. In the event that any apparently valid stop notices are on file with Authority or City when Developer renders its final accounting to Authority in accordance with Section 15 herein, Authority shall withhold from the amount owed to Developer under this Reimbursement Agreement a sum equal to 125% of the amount claimed in each stop notice until Developer provides the Authority Executive
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Director and City Engineer proof of payment and unconditional release, conditional release and payment, expiration by operation of law, or disposition pursuant to court order of such stop notice.
Section 8. Bonds. Developer shall obtain and maintain, or require each Contractor or subcontractor constructing the Offsite Improvements to obtain and maintain, faithful performance and labor and material bonds in a form approved by the City Engineer and City legal counsel, each with a responsible corporate surety business within the State of California and subject to the qualification requirements for surety bonds for other City public works contracts, in amounts equal to 100% of the estimated cost to construct the Contractor’s or subcontractor’s portion of the Offsite Improvements for the faithful performance bond and 100% of the estimated cost to construct the Contractor’s or subcontractor’s portion of the Offsite Improvements for the labor and material bond. The faithful performance bond shall be released ninety (90) days after Developer or Contractor records a notice of completion. All surety bonds shall be issued by a surety company admitted in California and such company(ies) shall have an “A -V” or better rati ng. The labor and material bond shall be released ninety (90) days after the Developer or Contractor records in the Official Records, County of Riverside, a notice of completion pursuant to Civil Code Section 3093.
Section 9. Public Works Requirements.
(a) Prevailing Wages and Maximum Hours . With respect to each Contractor (and subcontractor(s)) constructing the Offsite Improvements , Developer is required and shall be responsible to fully inform all Contractor(s) of their obligation to comply with and maintain adequate records evidencing Contractor’s compliance with all prevailing wage requirements pursuant to Health and Safety Code Sections 33423 through 33426, and Labor Code Section 1720, et seq. and 1770, et seq., the keeping of all records required pursuant to Labor Code Section 1776 and the maximum hours requirements of Labor Code Sections 1810 through 1815, and all other applicable federal, state and local laws related to prevailing wages (together, “Prevailing Wage Laws”). To the extent it is alleged or determined that any Contractor has failed to comply with such Prevailing Wage Laws , it shall be the obligation and responsibility of the Developer to cause such compliance and production of records evidencing satisfactory compliance with such prevailing wage obligations. (i) Developer shall be solely responsible for determining and effectuating compliance with the Prevailing Wage Laws, and Authority (and City) make no representation as to the applicability or non- applicability of the Prevailing Wage Laws to the Offsite Improve ments, or any part thereof. Developer hereby releases from liability, and agrees to indemnify, defend, assume all responsibility for and hold each and all MoVal Indemnitees harmless from any and all claims, demands, actions, suits, proceedings, fines, penalties, damages, expenses resulting from, arising out of, or based upon Developer’s or its Contractor(s)’ acts or omissions pertaining to the compliance with the Prevailing Wage Laws for the Offsite Improvements. Developer covenants hereunder to comply with the HAL, CRL, Dissolution Law, and all applicable HOME Regulations in the performance of this Agreement, whichever are more restrictive.
(A) Without limitation as to Section 9., Developer shall indemnify, protect, defend and hold harmless each of the Authority, City and their respective officers, employees, contractors and agents, with counsel reasonably acceptable to the City Attorney, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction, and/or operation of the Offsite Improvements, that result or arise in any way from any of the following: (1) the noncompliance by Developer of any applicable local, state
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and/or federal law, including, without limitation, any applicable Prevailing Wage Laws ; (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (3) failure by Developer to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the parties that, in connection with the development of the Offsite Improvements, Developer shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. “Increased costs,” as used in this Section 9., shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Reimbursement Agreement and shall continue after completion of the construction and development of the Offsite Improvements by Developer and its Contractor(s).
(b) Compliance with Laws. Developer shall carry out and cause the design, construction and operation of the Offsite Improvements in conformity with all applicable federal, state and local laws, including City development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code.
Section 10. Insurance. Developer shall not permit Contractor(s) to commence work until Contractor(s) has/have obtained the insurance required and described in Section 4.5 of the Agreement and such insurance , including certificates of insurance and endorsements, has been submitted to approved by the City’s risk manager and legal counsel as to form and amount.
Section 11. Hold Harmless. Developer agrees to protect, defend, indemnify and hold harmless the City and Authority and their elective and appointive boards, officers, agents and employees from any and all claims, liabilities, expenses or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected to the construction of the Offsite Improvements by or on behalf of Developer, including damages resulting, or allegedly resulting from violation of any statute, regulation or other legal requirement concerning a safe place for employment of workers, except to the extent of damages resulting from the negligence or City or Authority. Nothing contained in this Section 11., however, shall be deemed to be a warranty against construction defects, the only such warranty being contained below.
(a) Developer shall comply with and shall require Contractor(s) to comply with all of the provisions of the Workers’ Compensation Insurance and Safety in Employment Laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all similar state, federal or local laws applicable; and shall indemnify and hold harmless Authority and City from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney’s fees, presented, brought or recovered against City or Authority or their officers, employees, and agents, for or on account of any liability under any of said laws which may be incurred by reason of any work performed under this Reimbursement Agreement by Developer or on behalf of Developer. (i) Authority does not, and shall not, waive any rights against Developer which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by Authority or the deposit with Authority by Developer of any insurance policies or certificates of insurance purporting to indemnify for the aforesaid losses. The aforesaid hold harmless agreements shall apply to all liabilities, claims, expenses, and damages of every kind including but not limited to attorney fees,
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suffered or alleged to have been suffered, by reason of the aforesaid operations of Developer or any contractor or others performing on behalf of Developer, regardless of whether or not such insurance policies are applicable.
Section 12. Contract(s) Warranty. Developer shall include in its agreement(s) with Contractor(s) the following provision:
Contractor(s) WARRANTS to Developer and to the Moreno Valley Housing Authority and City of Moreno Valley that all materials used in the work and all labor performed shall be in conformity with the P lans and Specifications. Contractor(s) shall, at their own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the work to conform to the aforementioned P lans and Specifications; provided, however, that Contractor shall be obligated under this provision only to the extent of those failures or defects of which it is given notice within a period of [twelve (12) months ] from the date that the Notice of Completion is recorded.
Section 13. Administration of Contract and Schedule of Performance. Developer shall be due no fee to administer, manage, and/or supervise the performance of the Construction Contract(s) from design through completion of construction of the Offsite Improvements . Developer shall use reasonable and best efforts to undertake and complete the Offsite Improvements in conformity with the performance schedule set forth in such Construction Contract(s) but not later than and prior to the first sale of an Affordable Unit at th e Project. Any material changes in the scope of the work to be performed by Contractor(s) or other change orders under the Construction Contract(s) relating to the Offsite Improvements shall be reviewed and approved by Authority Executive Director and City Engineer in writing prior to Contractor’s commencement of such work.
Section 14. Inspection. Construction inspection of the Offsite Improvements shall be performed by City Public Works Inspectors. City’s usual plan check and inspection fees as applicable for the Offsite Improvements shall be reimbursable by Authority in accordance herewith.
Section 15. Final Accounting. Following completion of construction of the Offsite Improvements and following full payment of all third party invoices for materials, supplies and contractors for the completion of the Offsite Improvements , Developer shall submit to Authority Executive Director a final accounting to determine the total out -of-pocket cost of design, engineering, constructing and related work thereto to complete the Offsite Improvements. Developer shall also submit to Authority Executive Director all supp orting information reasonably necessary to document Developer’s expenditures on the Offsite Improvements, including specific details on the costs and work attributable to the Offsite Improvements , including invoices, third-party invoices, billings, and receipts for construction surveying, soil testing, blueprinting, actual construction costs and similar expenses. The final reimbursement payment by Authority of up to $1,200,000.00 will be made in accordance with this Reimbursement Agreement and only after Developer has submitted all documentation reasonably necessary to substantiate the cost of constructing and completing the Offsite Improvements in accordance with the a pproved Plans and Specifications and subject to the provisions of Section 2. herein relating to prohibition of double reimbursement for any costs relating to the Offsite Improvements. Final inspection and sign-off by the City’s Public Works Inspectors shall be sufficient evidence of the completion of the Offsite Improvements.
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Section 16. Default. Failure or delay by either party hereto to perform any term or provision of this Reimbursement Agreement shall constitute a default under this Reimbursement Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. In the event of a default, the injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice, provided however, that no proceedings shall be instituted if the defaulting party shall commence and proceed to cure such default in a diligent manner and the nature of the default is such that it cannot be cured within thirty (30) days. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
Section 17. Notices. Any notice, request, demand, consent, approval or other communication required to be given shall be addressed as set forth in the Agreement.
Section 18. Non-Discrimination. Developer agrees to comply with the non-discrimination requirements of the Agreement in the performance of its obligations hereunder.
Section 19. Governing Law. This Reimbursement Agreement shall be governed by the laws of the State of California. Any legal action brought under this Reimbursement Agreement must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California.
Section 20. Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provisions of this Reimbursement Agreement shall be made except by a written agreement executed by Developer and Authority.
Section 21. Independent Contractor . Developer and its Contractor(s) shall be acting as independent contractors under this Reimbursement Agreement , and not as an agent, partner or employee of the Authority or City.
Section 22. Developer Assignment Prohibited. In no event shall Developer assign or transfer any part of this Reimbursement Agreement without the prior express written consent of Authority, which consent may be given or withheld in Authority’s sole discretion.
Section 23. Entire Agreement. This Reimbursement Agreement together with all attachments hereto, and the Agreement and all attachments thereto, constitute the entire understanding and agreement of the parties with respect to the subject matter of this transaction. This Reimbursemen t Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between Authority and Developer concerning all or any part of the subject matter of this Reimbursement Agreement; provided, however, that this Reimbursement Agreement shall not supersede all or any portion of the Agreement.
Section 24. Attorneys’ Fees and Costs . In the event that any action is instituted under this Reimbursement Agreement, the parties hereto agree that the non-prevailing party shall be responsible for and shall pay all costs and attorneys’ fees incurred by the prevailing party in enforcing this Reimbursement Agreement.
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Section 25. Contingent Upon Closing . The effectiveness of this Reimbursement Agreement is contingent upon the Developer’s commencement of construction of the Project Improvements under the Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement as of the date set forth above.
MARY ERICKSON COMMUNITY HOUSING A
NONPROFIT CORPORATION, a California
corporation
By:
Susan McDevitt
Its: Executive Director
AUTHORITY:
MORENO VALLEY HOUSING AUTHORITY,
a public body, corporate and politic
By:
Brian Mohan, Executive Director
CITY
CITY OF MORENO VALLEY, a California
municipal corporation
By: _____________________________________
Brian Mohan, City Manager
ATTEST:
M. Patricia Rodriguez
Authority Secretary and City Clerk
APPROVED AS TO FORM:
STRADLING YOCCA CARLSON & RAUTH LLP
Special Counsel
Exhibit A
4907-2492-2174v4/200382-0007
EXHIBIT A
OFFSITE IMPROVEMENTS
DESCRIPTION
(TO BE ATTACHED)