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ATTACHMENT NO. 9
RELEASE OF CONSTRUCTION COVENANTS
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Riverside
3900 Main Street
Riverside, CA 92522
Attn: Housing Project Manager
Project: Sunrise at Bogart
(Space above for Recorder's Use Only)
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383.
HOME RELEASE OF CONSTRUCTION COVENANTS
THIS HOME RELEASE OF CONSTRUCTION COVENANTS ("Release") is hereby made as of this_ _day of → 2020, by THE CITY OF RIVERSIDE, a California charter city and municipal corporation ("City'), in favor of SUNRISE AT BOGART, LP, a California limited partnership ("Owner").
RECITALS
A. The City and the Owner entered into that certain HOME Investment Partnership Loan Agreement, dated for identification purposes only as of → 2025 ("HOME Loan Agreement").
Pursuant to the HOME Loan Agreement, the City and the Owner entered into that certain HOME Regulatory Agreement dated _ 2025 ("HOME Regulatory Agreement"). The HOME Loan Agreement provides for the completion of certain improvements ("Project") to be constructed upon that certain real property situated in the City of Riverside, California ("Site"), as more particularly described on Exhibit A, attached hereto and made apart hereof by this reference. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the HOME Regulatory Agreement.
As required under the HOME Loan Agreement and the HOME Regulatory Agreement, the City shall furnish the Owner with a Release of Construction Covenants upon completion of the Project, which shall be in such form as to permit it to be recorded in the Riverside County Recorder's Office.
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D. The City has conclusively determined that the construction of the Project on the Site has been satisfactorily completed in accordance with the HOME Loan Agreement and the HOME Regulatory Agreement.
NOW, THEREFORE, the City hereto certifies as follows:
As provided in the HOME Regulatory Agreement, the City does hereby certify that all of the construction of the Project on the Site has been fully and satisfactorily performed and completed in accordance with the HOME Loan Agreement and the HOME Regulatory Agreement.
After the recordation of this Release, any person or entity then owning or thereafter operation of the ste which surve such recond trianions conceing the use, maintenance and
3. This Release is not a notice of completion as referred to in Section 3093 of the California Civil Code.
IN WITNESS WHEREOF, the City has executed this Release as of the date first above written.
CITY OF RIVERSIDE, a California charter city and
municipal corporation
By:
City Manager
ATTESTED TO:
By:
City Clerk
APPROVED AS TO FORM:
By:
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Deputy City Attorney
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EXHIBIT A
LEGAL DESCRIPTION
Project: N.E Corner Bogart Ave and Bushnell Ave
A.P.N. 146-182-080
That portion of Block 59 of Tract No. 2 of La Sierra Heights, in the City of Riverside, County of Riverside, State of California, as shown by map filed in Book 7, page 66, records of said County, more particularly described as follows:
COMMENCING at a point on the southwesterly line of Lot 12 of Block "D" of Holden Avenue Tract, as shown by map filed in Book 11, Pages 67 through 69, records of said County, 124.50 feet southeasterly of the most westerly corner thereof; Thence South 60°37'00" West, a distance of 120.00 feet to the POINT OF BEGINNING; Thence continuing South 60°37'00" West, a distance of 321.30 feet; Thence southeasterly and parallel with the centerline line of Holden Avenue to a point on the northwesterly line of Bushnell Avenue;
Thence northeasterly along said northwesterly line of Bushnell Avenue, a distance of 365.38 feet;
Thence northwesterly to the POINT OF BEGINNING;
EXCEPTING THEREFROM that portion lying southwesterly, southerly and southeasterly of the northeasterly, northerly and northwesterly lines of that certain parcel of land described in a grant deed to the City of Riverside recorded April 6, 1990 as Instrument No. 126126, in the Office of the County Recorder of said County.
LAND
This description was prepared by me or under my direction in BEYOR conformance with the requirements of the Land Surveyors Act Cuca 611719D ale Prep.
* STATE L.S. 7519
Curtis C. Stephens, L.S. 7519
CALIFORNIA
OF
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ATTACHMENT NO. 10
HOME REQUEST FOR NOTICE OF DEFAULT
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Riverside
3900 Main Street
Riverside, CA 92522
Attn: Housing Project Manager
Project: Sunrise at Bogart
(Space above for Recorder's Use Only)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.
REQUEST FOR NOTICE OF
DEFAULT
HOME Investment Partnership
Loan Agreement
(Under Section 2924b Civil Code)
In accordance with Section 2924b of the California 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 - in Book _ Page _ _ of the official records of Riverside County, California, executed by SUNRISE AT BOGART, LP, a California limited partnership, as Trustor, in which the CITY OF RIVERSIDE, a California charter city and municipal corporation, is named as Beneficiary, and Stewart Title Guaranty Company, as Trustee, be mailed to:
City of Riverside
3900 Main Street
Riverside, CA 92522
Adres contain of thy recice of request. if your dares dangers will renter min the recorded.
CITY OF RIVERSIDE, a California charter city
and municipal corporation
By:
City Manager
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EXHIBIT A
LEGAL DESCRIPTION
Project: N.E Corner Bogart Ave and Bushnell Ave
A.P.N. 146-182-080
That portion of Block 59 of Tract No. 2 of La Sierra Heights, in the City of Riverside, County of Riverside, State of California, as shown by map filed in Book 7, page 66, records of said County, more particularly described as follows:
COMMENCING at a point on the southwesterly line of Lot 12 of Block "D" of Holden Avenue Tract, as shown by map filed in Book 11, Pages 67 through 69, records of said County, 124.50 feet southeasterly of the most westerly corner thereof; Thence South 60°37'00" West, a distance of 120.00 feet to the POINT OF BEGINNING; Thence continuing South 60°37'00" West, a distance of 321.30 feet; Thence southeasterly and parallel with the centerline line of Holden Avenue to a point on the northwesterly line of Bushnell Avenue;
Thence northeasterly along said northwesterly line of Bushnell Avenue, a distance of 365.38 Thence northwesterly to the POINT OF BEGINNING;
EXCEPTING THEREFROM that portion lying southwesterly, southerly and southeasterly of the northeasterly, northerly and northwesterly lines of that certain parcel of land described in a grant deed to the City of Riverside recorded April 6, 1990 as Instrument No. 126126, in the Office of the County Recorder of said County.
HAND SURVEY
This description was prepared by me or under my direction in conformance with the requirements of the Land Survevors Act cuca G/11/19
Curtis C. Stephens, L.S. 7519 Date L.S. 7519,
OF
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ATTACHMENT NO. 11
HOME ASSIGNMENT OF PLANS, REPORTS AND DATA
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ASSIGNMENT OF PLANS, REPORTS AND DATA
(Sunrise at Bogart)
FOR VALUE RECEIVED, and subject to the rights of any senior lender, SUNRISE AT BOGART, LP, a California limited partnership ("Borrower"), does hereby assign, pledge, transfer and set over to THE CITY OF RIVERSIDE, California charter city and municipal corporation ("'City"'), all of its rights, title and interest in and to the following (collectively, "Plans, Reports and Data"), subject to the rights of the authors of the Plans, Reports and Data, and any limitations on assignment contained in agreements between Borrower and such authors: any and all plans, drawings, studies, reports and related documents concerning the Property, and all amendments, modifications, supplements, general conditions and addenda thereto, including, without limitation, Environmental Reports, all architectural and engineering plans, any architect's agreement entered into hereafter ("Architect's Agreement") by and between Borrower and any architect engaged to perform services with respect to the Property (Architect") and those certain plans and specifications referred to therein, and all amendments, modifications, supplements, general conditions and addenda thereto (collectively, "Architectural Plans") prepared by Architect for the account of Borrower in connection with the development of certain real property located in the City of Riverside, County of Riverside, State of California more particularly described on Exhibit A attached hereto ('Property"). The Plans, Reports and Data, including, without limitation, the Architect's Agreement and the Architectural Plans, are hereby assigned as collateral security for certain indebtedness of Borrower to City evidenced by that certain Home Investment Partnership ("HOME") Promissory Note ("HOME Promissory Note") of even date herewith in the principal amount of One Million Five Hundred Eight Thousand Two Hundred Thirty Four Dollars ($1,508,234) ("HOME Loan"). The City Loan is made pursuant to that certain HOME Investment Partnership Loan Agreement, entered into by and among Borrower and the City. dated for identification purposes only as of
Agreement"). All capitalized terms not defined herein shall have the meaning set forth in the Loan Agreement. For purposes hereof, "Environmental Reports" means any "Phase I" and/or "Phase 2" investigations of the Property and all final reports and test results (not including drafts) provided by Developer's environmental consultant, if any.
Upon the occurrence and continuance of an Event of Default under the HOME Loan Agreement beyond any applicable notice and cure period, the HOME Promissory Note or any other document relating to the HOME Loan (collectively, "HOME Loan Documents"), subject to the rights of any senior lender and Tax Credit Investor, the City shall have the right, but not the obligation, prior to the recordation of that certain Release of Construction Covenants to be entered into by and between the City and Borrower, at any time, in its own name or in the name of Borrower, or otherwise, to take such action as City may at any time or from time to time determine to be necessary or desirable in order to cure any default by Borrower under the Architect's Agreement, including, without limitation, the protection of Borrower's rights with respect to the Architectural Plans or to protect the rights of Borrower thereunder. City shall not incur any liability if any action taken by City or on its behalf in good faith, pursuant to the foregoing sentence, shall prove to be, in whole or in part, inadequate or invalid, and Borrower hereby indemnifies Sunrise at Bogart - HOME Pinancing Draft
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and agrees to hold City harmless from and against any and all loss, claim, demand, cost, liability, damage or expense, including, without limitation, reasonable attorneys' fees and expenses in connection with any such action or actions, except to the extent resulting from the negligence or misconduct of the City. Borrower agrees to have each architect engaged to perform services in connection with the Property execute a Consent in the form attached hereto.
Upon the occurrence and continuance of an Event of Default under the HOME Loan Agreement, the City may exercise its rights hereunder and take possession of and title to the Plans, Reports and Data, including, without limitation, all architectural plans and the Architect's Agreement. City shall notify Borrower in writing of its exercise of its rights hereunder in accordance with the notice provisions set forth in the HOME Loan Agreement. Borrower shall deliver possession of and title to the Plans, Reports and Data to City within forty-eight (48) hours of receipt of City's written notice.
Borrower and Architect, by executing the Consent to this Assignment, agree that the City does not assume any of Borrower's obligations or duties concerning the Architect's Agreement and the Architectural Plans, including, but not limited to, the obligation to pay for the preparation of the Architect's Agreement and the Architectural Plans, until and unless City shall exercise its rights hereunder.
Except for an Assignment to the senior lender, Borrower hereby represents and warrants to City that no previous assignment of its interest in the Plans, Reports and Data, including, without limitation, the Architect's Agreement and the Architectural Plans, has been made, and Borrower agrees not to assign, sell, pledge, transfer, mortgage or otherwise encumber its interest in the Plans, Reports and Data, including, without limitation, the Architect's Agreement and the Architectural Plans, so long as this Assignment is in effect.
This Assignment shall be binding upon and inure to the benefit of the heirs, legal representatives, assigns, or successors in interest of the Borrower and City. (Signatures Appear on the Following Page)
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IN WITNESS WHEREOF, Borrower has caused this Assignment of Plans, Reports and Data to be executed as of_ - 2025.
BORROWER:
SUNRISE AT BOGART, LP,
a California limited partnership
By: NPHS Sunrise at Bogart, LLC,
California limited company,
its managing general partner
3y: Neighborhood Partnership Housing Services, Inc
California nonprofit public benefit corporation
its sole member and manager
By:
Name: Clemente Mojica
Title: President and CEO
By: Sunrise at Bogart, LLC,
a California limited liability company,
its administrative general partner
By: Many Mansions, A California Nonprofit Corporation,
a California nonprofit public benefit corporation,
its sole member and manager
By: _
Name: Rick Schroeder
Its: President and CEO
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CONSENT TO ASSIGNMENT OF PLANS,
REPORTS AND DATA
The undersigned has prepared the Architectural Plans and hereby consents to the assignment and other conditions set forth in the above Assignment of Plans, Reports and Data. The undersigned also agrees that in the event of a breach by Borrower of any of the terms and conditions of the Architect's Agreement or any other agreement entered into with the undersigned in connection with the Architectural Plans, that so long as Borrower's interest in the Plans is assigned to City, the undersigned will give written notice to City of such breach. City shall have sixty (60) days from the receipt of such notice of default to remedy or cure said default; provided, however, nothing herein shall require City to cure said default, City shall only have the option to do so.
The undersigned also agrees that in the event of default by Borrower under any of the documents or instruments entered into in connection with the HOME Loan Agreement, the undersigned, at City's request, shall continue performance under the Architect's Agreement in accordance with the terms hereof, provided that the undersigned shall be reimbursed in accordance with the Architect's Agreement for all services rendered on City's behalf.
Dated:
ARCHITECT:
By:
Name:
Title:
Sunrise at Bogart - HOME Financing Draft
EXHIBIT A
LEGAL DESCRIPTION
Project: N.E Corner Bogart Ave and Bushnell Ave
A.P.N. 146-182-080
That portion of Block 59 of Tract No. 2 of La Sierra Heights, in the City of Riverside, County of Riverside, State of California, as shown by map filed in Book 7, page 66, records of said County, more particularly described as follows:
OMMENCING at a point on the southwesterly line of Lot 12 of Block "D" of Holden Avenu ract, as shown by map filed in Book 11, Pages 67 through 69, records of said County, 124.5 feet southeasterly of the most westerly corner thereof; Thence South 60°37'00" West, a distance of 120.00 feet to the POINT OF BEGINNING; Thence continuing South 60°37'00" West, a distance of 321.30 feet; Thence southeasterly and parallel with the centerline line of Holden Avenue to a point on the northwesterly line of Bushnell Avenue;
Thence northeasterly along said northwesterly line of Bushnell Avenue, a distance of 365.38 feet;
Thence northwesterly to the POINT OF BEGINNING;
EXCEPTING THEREFROM that portion lying southwesterly, southerly and southeasterly of the northeasterly, northerly and northwesterly lines of that certain parcel of land described in a grant deed to the City of Riverside recorded April 6, 1990 as Instrument No. 126126, in the Office of the County Recorder of said County.
L. AND
This description was prepared by me or under my direction in CENSED SURVEYOR conformance with the requirements of the Land Surveyors Act.
C& 6/17/12
Curtis C. Stephens, L.S. 7519 L.S. 7519
APN 146-182-080 legal.doc
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