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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Housing Authority of the City of Richmond
450 Civic Center Plaza, 2nd floor
Richmond, CA 94804
Attn: Executive Director
NO FEE REQUIRED PER GOVT CODE
SECTION 27383
(Space above for Recorder’s use only)
AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS
This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (the “Agreement”) dated for reference purposes as of ____________, 20__, is executed by and between the Housing Authority of the City of Richmond, a public body corporate and politic (the “Authority”), and Nevin Plaza II, L.P., a California limited partnership (the “Owner”).
RECITALS
A. Authority owns fee title to the land described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”). Authority and Owner have entered into a ground lease dated as of the date hereof (the “Ground Lease”), pursuant to which Owner will lease the Property for the purpose of developing and operating an affordable residential rental housing development thereon (the “Project”). A Memorandum of the Ground Lease (“Memorandum”) was recorded in the Official Records of Contra Costa County (“Official Records”) on ____________, 20__ as Document No. __________.
B. Pursuant to the Ground Lease, Owner will construct and operate the Project as an affordable housing development that will include 75 residential units that will be rented to Low- Income Households at Affordable Rents and one (1) unrestricted manager’s unit. During the term of the Ground Lease, Owner will be the owner of the improvements located on the Property.
C. As consideration for, and as a condition to, Authority’s agreement to enter into the Ground Lease, Owner has agreed to operate the Project as affordable housing for Low- Income Households for a minimum of 99 years, subject to the restrictions contained herein. The purpose of this Agreement is to regulate and restrict the occupancy, rents, operation, ownership, and management of the Property and the Project for affordable housing and related uses. The covenants in this Agreement are intended to run with the land and be binding on Owner and its successors and assigns in the Project and the Property.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the Authority hereby agree as follows:
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2 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or attached exhibits. Capitalized terms used without definition in this Agreement shall have the meaning ascribed to such terms in the Ground Lease.
“Actual Household Size” means the actual number of persons in the applicable household.
“Adjusted for Family Size Appropriate for the Unit” shall be determined consistent with Section 50052.5(h) of the California Health and Safety Code, subject to the application of federal rules and regulations applicable to Project financing sources, including Section 42(g)(2) of the Internal Revenue Code of 1986 as amended (or successor provision) if applicable to the Project.
“Affordable Rent” means a monthly rent equal to the lesser of (i) Fair Market Rent as determined by HUD, and (ii) one-twelfth of thirty percent (30%) of sixty percent (60%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, minus a utility allowance and other fees and charges required to be paid by tenants of the Project on a non-optional basis, and subject to any limitations imposed by HUD.
“Applicable Requirements” means the requirements applicable to the Project pursuant to the Use Agreement, the Ground Lease, the Bond Regulatory Agreement, this Agreement, and the TCAC Requirements.
“Area Median Income” or “AMI” means the median income for Contra Costa County, California, as determined by HUD pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations or successor provision.
“Authority” is defined in the preamble to this Agreement.
“Authority Documents” means collectively the LDDA, the Ground Lease and this Agreement as they may be amended, modified, or restated from time to time, along with all exhibits and attachments to these documents.
“Bond Regulatory Agreement” means that certain Regulatory Agreement and Declaration of Restrictive Covenants executed by and between the [California Municipal Finance Authority] and Owner and recorded in the Official Records substantially concurrently herewith.
“City” means the City of Richmond, California.
“Claims” is defined in Section 6.
“Effective Date” means the date that the Memorandum of the Ground Lease is recorded
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3 in the Official Records.
“Gross Income” means the total anticipated annual income of all persons in a household calculated using the methods set forth in TCAC regulations, or if TCAC regulations do not address such matter, the total anticipated annual income of all persons in a household as defined in 24 CFR
5.609.
“Ground Lease” is defined in Recital A.
“HUD” means the U.S. Department of Housing and Urban Development.
“Indemnitees” is defined in Section 19.
“LDDA” means that certain Lease Disposition and Development Agreement dated as of ___________, 20__, and executed by and between the Authority and Owner.
“Limited Partner” means [________________], and its successors and assigns.
“Low-Income Household” means a household whose household Gross Income at initial occupancy does not exceed sixty percent (60%) of the Area Median Income Adjusted for Actual Household Size.
“Official Records ” means the Official Records of the Contra Costa County Clerk - Recorder.
“Owner” means Nevin Plaza II, L.P., a California limited partnership, and its successors and assigns permitted pursuant to the Ground Lease.
“Project” is defined in Recital A.
“Property” is defined in Recital A.
“Qualifying Household” means a household that qualifies as a Low-Income Household, that includes at least one member who is age 62 or older or other qualifying resident as defined in California Civil Code Section 51.3.
“Tax Credit Restrictive Covenant” means the agreement to be executed by Owner and TCAC following completion of construction of the Project. “TCAC” means the California Tax Credit Allocation Committee. “TCAC Requirements” means the Tax Credit Restrictive Covenant and all TCAC regulations applicable to the Project.
“Term” is defined in Section 4.
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4 “Use Agreement” means that certain Use Agreement executed by and among the Authority, Owner, and HUD and recorded against the Property in the Official Records substantially concurrently with this Agreement.
2. Compliance with Requirements and Regulations. Owner shall comply with all Applicable Requirements and all applicable California, federal, and City laws, ordinances, statutes, rules and regulations.
3. Use and Affordability Restrictions. Owner agrees that, at all times during the Term of this Agreement, the Property will be used solely for the operation of a multifamily rental housing development in compliance with the Applicable Requirements and this Agreement. Throughout the Term, a minimum of seventy-five (75) residential units in the Project shall be occupied, or if vacant, available for occupancy by Qualifying Households at Affordable Rents.
Notwithstanding any contrary provision of this Agreement, if other Project lenders, Project investors, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed hereby, the stricter requirements pertaining to rent limitations, income limits, and occupancy requirements applicable pursuant to the TCAC Requirements and/or the Bond Regulatory Agreement, shall prevail during such time that such requirements apply to the Project. In addition to the foregoing, Owner and Authority agree to make best good faith efforts (including without limitation, seeking funds from the City, the County, other public agencies, and private sources) to secure rent subsidies and social services funding sufficient to enable Owner to set aside of eight (8) residential units for formerly unhoused residents with the tenant-paid portion of the rent payable for such units not greater than 30% of the tenant’s monthly household Gross Income.
4. Term of Agreement. This Agreement will continue in effect for a period of ninety-nine (99) years commencing upon the Effective Date.
5. Tenant Selection. Owner shall adopt written tenant selection policies that: (a) are reasonably related to program eligibility and the applicant’s ability to perform the obligations of the lease; (b) are consistent with the purpose of providing housing for Qualifying Households including those who were formerly homeless; and (c) provide for prompt written notification to any rejected applicant of the grounds for rejection. To the extent permitted by applicable law, the TCAC Requirements, and the requirements of the Bond Regulatory Agreement, Owner shall give a preference in the rental of the residential units restricted under this Agreement to applicants who are currently residents of the County of Contra Costa or who currently work in the County of Contra Costa.
6. Senior Housing. Owner has elected to operate the Project as a senior housing development and as such to require all dwelling units in the Project except for the managers’ units to be occupied or held available for occupancy by households that include “elderly” or “senior” residents in accordance with applicable law. To the extent applicable, the Project will be operated at all times in accordance with (a) the Unruh Act, including without limitation California Civil Code Sections 51.2, 51.3, and 51.4; (b) the federal Fair Housing Act, 42 U.S.C.
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5 Section 3607(b) and 24 CFR 100.304; (c) the California Fair Employment and Housing Act, Government Code Section 12900 et seq., and (d) all other applicable laws and regulations.
Owner shall develop and implement appropriate age verification procedures to ensure compliance with this Section 6, and shall provide Authority with a copy of such verification procedures.
7. Fair Housing; Nondiscrimination. Owner shall comply with all applicable fair housing and civil rights requirements with respect to the marketing, rental, and operation of the Project, including the obligations to affirmatively further fair housing and adhere to the site selection and neighborhood standards set forth in 24 CFR §§ 1.4(b)(3) and 941.202, as applicable. Owner shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, the Project, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition 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 Property or part thereof, nor shall Owner or any person claiming under or through Owner 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, subtenants, sublessees or vendees in, of, or for the Property or part thereof.
Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. Owner shall include a statement in all advertisements, notices and signs for the availability of units for rent to the effect that Owner is an Equal Housing Opportunity Provider. Owner shall accept as tenants, on the same basis as all other prospective tenants, applicants who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto.
8. Federal Accessibility Requirements. Owner shall comply with all applicable federal accessibility requirements under the Fair Housing Act and the implementing regulations at 24 CFR Part 100, Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 8, and Titles II and III of the Americans with Disabilities Act and the implementing regulations at 28 CFR Parts 35 and 36, respectively.
9. Income Certification and Increases in Tenant Income. Owner shall certify the incomes of all prospective tenants in the Project prior to their initial occupancy of a unit, and shall recertify their incomes annually. If upon recertification, a tenant’s income exceeds the limit for Low- Income Households, Owner may increase the rent for such tenants to no more than 30% of the tenant’s monthly household Gross Income, less utility and other mandatory charges, and the tenant may be permitted to continue to occupy a unit in the Project subject to compliance with all Applicable Rules. Owner shall provide Authority an annual report evidencing that Project occupants are Qualifying Households.
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6 10. Rental Charges. Total charges for rent, utilities and related services for each unit in the Project shall not exceed the Affordable Rent for the unit. If upon recertification, a tenant’s income exceeds the Qualifying Household limit for the applicable unit type, Owner may increase the rent for such tenants to no more than 30% of the tenant’s monthly Gross Income less utility and other mandatory charges.
11. Management Responsibilities. Owner is responsible for all management functions with respect to the Project, including without limitation the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The Authority shall have no responsibility over management of the Property or the Project.
12. Review of Management Policies and Marketing Plan and Resident Services Plan. If not previously provided, not later than ninety (90) days following commencement of construction of the Project, Owner shall submit for Authority review and approval, a plan for marketing and managing the Property (“Marketing and Management Plan”). The Marketing and Management Plan shall address in detail how Owner plans to market the Project to prospective Qualifying Households in accordance with fair housing laws and this Agreement, Owner’s tenant selection criteria, how Owner plans to certify the eligibility of Qualifying Households, and the social services to be provided to residents of the Project. The Plan shall also describe the management team and shall address how Owner and the management entity plan to manage and maintain the Property and the Project, and shall identify the social services provider. The Plan shall include the proposed management agreement, social services agreement, and the form of rental agreement that Owner proposes to enter into with Project tenants. Owner shall abide by the terms of the Marketing and Management Plan in marketing, managing, and maintaining the Property and the Project, and throughout the term of this Agreement, shall submit proposed modifications to Authority for review and approval, such approval not to be unreasonably withheld, conditioned or delayed.
13. Repair, Maintenance and Security. Throughout the term of this Agreement, Owner shall at its own expense, maintain the Property and the Project in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including without limitation, the residential units, common areas, meeting rooms, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Project. Owner shall prevent and/or rectify any physical deterioration of the Property and the Project and shall make all repairs, renewals and replacements necessary to keep the Property and the improvements located thereon in good condition and repair. Owner shall provide adequate security measures for the Project, including without limitation, the installation of adequate lighting and deadbolt locks.
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7 14. Authority’s Right to Perform Maintenance. In the event that Owner breaches any of the covenants contained in Section 13, and such default continues for a period of ten (10) days after written notice from Authority (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from Authority (with respect to landscaping, building improvements and general maintenance), then Authority, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. All costs expended by Authority in connection with the foregoing, shall constitute an indebtedness of Owner, and Owner shall pay such sums to Authority upon demand. All such sums remaining unpaid thirty (30) days following delivery of Authority’s invoice therefor will bear interest at the lesser of 10% per annum or the highest rate permitted by applicable law.
15. Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Property or the Project, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. Owner shall not be required to pay any such charge so long as (a) Owner is contesting such charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. The foregoing is not intended to impair Owner’s ability to apply for any applicable exemption from property taxes or other assessments and fees.
16. Insurance Coverage. Throughout the Term, Owner shall comply with the insurance requirements set forth in the Authority Documents, and shall, at Owner’s expense, maintain in full force and effect insurance coverage as specified in the Authority Documents.
17. Inspection and Records. Owner shall maintain records that clearly document Owner's performance of its obligations to operate the Property and the Project in accordance with this Agreement. Owner shall submit any records to the Authority within ten (10) business days of the Authority's request. Owner shall permit the Authority to enter and inspect the Property and the Project for compliance with obligations under this Agreement upon seventy-two (72) hours advance notice delivered to Owner or Owner's management agent and to the tenants of any residential units that will be inspected.
18. Annual Report. By not later than April 30 of each year, Owner shall submit to the Authority a report for the preceding calendar year showing the information necessary to allow the Authority to determine Owner's compliance with this Agreement, and within thirty (30) days after receipt of a written request, Owner shall provide any other information or completed forms requested by the Authority in order to comply with the reporting requirements of the Authority.
Without limiting the generality of the foregoing, the annual report submitted by Owner pursuant to this Section shall at a minimum, include the following information for each dwelling unit in the Project: (i) unit number; (ii) number o f bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the previous year; (v) number of people residing in the unit; (vi)
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8 total household income of the residents; (vii) documentation of source of household income; (viii) lease commencement and termination dates, (ix) initial move-in date, and (x) the identity of each household member and the age of each household member or other basis upon which each household member qualifies for occupancy under California Civil Code Section 51.3 et seq.
19. Indemnity. To the greatest extent permitted by law, Owner shall indemnify, defend (with counsel reasonably approved by Authority) and hold the Authority and the City, and their respective elected and appointed officers, officials, employees, agents, consultants, contractors and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in part, from Owner’s or Owner’s employees’, agents’, contractors’, or subcontractors’ construction, rehabilitation, management, or operation of the Property and the Project, or failure to perform any obligation as and when required by this Agreement, or failure to comply with all applicable legal requirements, including without limitation fair housing laws. This indemnity obligation shall not extend to any Claim arising solely from the gross negligence or willful acts of the Indemnitees. The indemnity provisions of this Section shall apply whether or not any insurance policies shall have been determined to be applicable to any such Claims, and shall survive the expiration or other termination of this Agreement.
20. Default and Remedies; Limited Partner Cure Rights. In the event of any breach of any agreement or obligation under this Agreement by Owner, the Authority shall provide written notice to Owner and Limited Partner of such breach. Owner and Limited Partner shall have an opportunity to cure such breach within thirty (30) days from Owner's and Limited Partner’s receipt of such written notice or such longer period of time as the Authority determines is necessary to cure the breach if Owner or Limited Partner diligently undertakes to cure such breach. If Owner fails to complete a timely cure of the specified breach, the Authority may proceed with any remedy provided under the Authority Documents or allowed by law or in equity to enforce the terms of this Agreement. A cure by the Limited Partner shall be accepted or rejected on the same basis as if made or tendered by Owner; provided however, if the default is of such nature that the Limited Partner reasonably determines that it is necessary to replace the general partner of Owner in order to cure such default, then the cure period shall be extended by an additional sixty (60) days after the removal and replacement of such general partner, provided that the Limited Partner has promptly commenced and diligently proceeded with all requisite actions to effect such removal and replacement. Authority shall provide a copy of any notice of default hereunder to the Limited Partner at the address set forth in Section 24.5 hereof, or to such other address provided to the Authority in writing, concurrently with the provision of such notice to Owner.
21. Effectiveness Succeeds Conveyance of Property. This Agreement will remain effective and fully binding for the full term hereof regardless of any sale, assignment, transfer, or conveyance of the Project or the Property, or any part thereof or interest therein.
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9 22. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property and the Project to the covenants and restrictions set forth in this Agreement. The Authority and Owner hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Owner and Authority, regardless of any sale, assignment, conveyance or transfer of the Property, the Project or any part thereof or interest therein. Any successor -in- interest to Owner, including without limitation any purchaser, transferee or lessee of the Property or the Project (other than the tenants of the individual dwelling units within the Project) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement.
Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or the Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. Owner agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property and the Project in favor of Authority.
23. Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term.
24. Miscellaneous.
24.1 Non-Liability of Officials, Employees and Agents. No officer, director, employee or agent of the Authority shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the Authority, or for any obligation created under the terms of this Agreement.
24.2 Governing Law; Venue. This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Contra Costa County, California or in the Federal District Court for the Northern District of California.
24.3 Attorneys' Fees and Costs. In the event that any legal or administrative action is commenced to interpret or to enforce the terms of this Agreement, the prevailing party in any such action shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action.
24.4 Consents and Approvals. Any consent or approval of the Authority required under this Agreement may be provided by the Executive Director of the Authority or his or her
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10 designee unless the Executive Director determines that the matter requires approval by the Authority’s governing board.
24.5 Notices. Notices delivered pursuant to this Agreement shall be delivered by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the principal offices of Owner and the Authority as follows:
AUTHORITY:
with a copy to:
OWNER:
with a copy to:
with a copy to:
Housing Authority of the City of Richmond
450 Civic Center Plaza, 2nd floor
Richmond, CA 94804
Attn: Executive Director
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: City Manager
Nevin Plaza II, L.P.
c/o EAH Inc.
22 Pelican Way
San Rafael, CA 94901
24.6 Relationship of the Parties. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of Owner and Authority shall not be construed as a joint venture, equity venture, partnership or any other relationship. Authority neither undertakes nor assumes any responsibility or duty to Owner (except as expressly provided in this Agreement) or to any third party with respect to the Project. Owner shall no authority to act as an agent of Authority or to bind Authority to any obligation.
24.7 Waiver. Any waiver by the Authority of any obligation in this Agreement must be in writing. No waiver will be implied from any delay or failure by the Authority to take action on any breach or default of Owner or to pursue any remedy allowed under this Agreement, the Authority Documents, or applicable law. Any extension of time granted to Owner to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the Authority to any act or omission by Owner shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the Authority's written consent to future waivers.
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11 24.8 Amendments and Modifications. Any amendments or modifications to this Agreement must be in writing, executed by both Owner and the Authority, and recorded in the Official Records.
24.9 Severability. Every provision of this Agreement is intended to be severable. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
24.10 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Richmond shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
24.11 Entire Agreement. This Agreement, together with the other Authority Documents contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto.
24.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE.
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IN WITNESS WHEREOF, Authority and Owner have caused this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants to be executed by their duly authorized representatives as of the date first written above.
AUTHORITY:
HOUSING AUTHORITY OF THE CITY OF
RICHMOND, a public body, corporate and politic
By: __________________________________
, Executive Director
OWNER:
Nevin Plaza II, L.P., a California limited partnership
By: Nevin Plaza II EAH, LLC, a California limited liability company
Its: General Partner
By: EAH Inc., a California nonprofit public benefit corporation
Its: Sole member/manager
By:_________________________
Print name:___________________
Title:________________________
SIGNATURES MUST BE NOTARIZED.
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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 )
County of __________________)
On_____________ before me, __________________, Notary Public, personally appeared, ______, who proved to me the basis of satisfactory evidence to be the person(s) whose name(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_____________________________
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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 )
County of __________________)
On_____________ before me, __________________, Notary Public, personally appeared, ______, who proved to me the basis of satisfactory evidence to be the person(s) whose name(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_____________________________
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Exhibit A
LEGAL DESCRIPTION
Real property in the City of Richmond, County of Contra Costa, State of California, described as follows:
Lots 7 through 10, inclusive and 19 through 22, inclusive and a portion of Lot 6 and Lot 23, Block 2, as shown on the map of "Nicholl MacDonald Avenue Civic Center, Richmond, California", which map was filed on October 29, 1912 in Map Book 8, Page 190, Contra Costa County Records, more particularly described as follows:
Beginning at the intersection of the southerly line of Nevin Avenue and the easterly line of 24th Street (formerly Grand Blvd.) as said Nevin Avenue and Grand Blvd. are shown on said map; thence along said easterly line of said 24th Street, South 10°12’53” West, 141.90 feet to the point of beginning; thence South 79°45’00” East, 199.81 feet to the westerly line of 25th Street (formerly Elmer Ave) as shown on said map; thence along last said line, South 10°13’28” West, 108.00 feet to the most southerly corner of said Lot 19; thence along the southerly lines of said Lots 19 and 10, North 79°45’00” West, 199.79 feet to said easterly line of said 24th Street; thence along last said line, North 10°12’53” East, 108.00 feet to the point of beginning.
APN’s: 515-261-010, 515-261-003, 515-261-002 and portion 515-261-001