CITY OF SIMI VALLEY
MEMORANDUM
Sept
ember 9, 2024
TO: Cit
y Council
FR
OM: Department of Environmental Services
SUBJ
ECT: ADOPTION OF A RESOLUTION APPROVING TRANS FER OF
OWNERSHIP AND THE AM ENDED AND RESTATED A FFORDABLE
HOUSING AGREEMENT (AHA-2024-0004) BETWEEN THE CITY OF SIMI
VALLEY AND HARMONY TERRACE APARTMENTS
STAFF RECOMMENDATION
It is recommended that the City Council adopt R esolution No . 2024- 37 (page 4) , approving the Assignment and Assumption Agreement ( Exhibit 2 , page 42 ) and the Amended and Restated Affordable Housing Agreement (AHA-2024-0004, Exhibit 3, page 47) imposing current industry standards to the affordable agreement terms with no change to the period of affordability or the income levels served.
BACKGROUND AND OVERVIEW
The 136- unit Harmony Terrace Apartment complex is a 100% affordable senior rental project located at 941 Sunset Garden Lane. All of the units in the complex, excluding the manager’s unit, are subject to a Regulatory Agreement with the California Tax Credit Allocation Committee, which restricts rent al of the units to very low- and low-income seniors. Sixty-seven of the apartments are subject to an Agreement with the City.
Harmony Terrace Apartments first entered into an Affordable Housing Agreement with the City in June 1998, which was later amended in March 1999 for a 136-unit senior apartment project (GPA-42, Z-S-511, TT5124 & PD -S-883) of which 67 units were reserved for low-income households. This amendment also clarified the Project site description, allowing the Simi Valley Housing Investors, L.P. (SVHI) to develop the Project (completed in 2000). The partnership was composed of LINC Housing Corporation (a non- profit corporation) and Highridge Costa Investors (HCHP). The Project received a 63- unit density bonus from the City and a $6,700 grant from the City.
In March 2015, an Amended and Restated Agreement (AHA-R-3 2, Attachment A, page 82) repealed and replaced the prior agreements and extended the term of affordability an additional 10 years through March 23, 2065. The City approved the transfer of ownership of the Project site from Simi Valley Housing Investors, L.P. to Harmony Simi V alley AR, L.P., a California limited partnership (“Project Owner” or “Developer”) and consented to the Assignment and Assumption of Aff ordable Housing Agreement/Rent al on November 21, 2016, to facilitate refinancing.
AHA-2024-0004HarmonyTerraceAptsCCmtg9-9-24(klk)
AGENDA ITEM NO.
Consent (6)
AHA-2024-0004HarmonyTerraceAptsCCmtg9-9-24(klk)
Subsequently, HCHP was named the “Administrative General Partner” of the Developer and TCP as the “Class B Limited Partner” of the Developer.
FINDINGS AND ALTERNATIVES
On May 13, 2024, Harmony Simi Valley AR, L.P. contacted the City to request the transfer of an internal partnership acquisition (Exhibit 1, page 6) pursuant to the terms of AHA-R-
32. HCHP wishes to assign its interest in Developer to Standard AGP. The project is not being conveyed and Harmony Simi Valley AR, L.P. will remain the project owner. The transfer involves assigning interests currently held by the affiliate, Highridge Costa Housing Partners, LLC. to Standard Harmony Simi Valley AGP, LLC, a Delaware limited liability company (“Standard AGP”) and Standard HC YF SPE Manager LLC, a Delaware limited liability company (“Standard HC” and together with Standard AGP, “Assignee”).
The current AHA (Attachment A) requires the City to approve the transfer of ownership.
The Assignment and Assumption Agreement (Exhibit 2) documents the transfer and that Standard AGP will assume all responsibilities contained within the current AHA, which will also grant the authority for Standard AGP to enter into an amended and restated AHA with the City. Both actions are required to f ormalize the transfer of ownership, which is anticipated to be effective by September 2024.
The amended and restated AHA brings the terms and conditions of the agreement to current industry standards without changing the terms of affordability or the income levels served by the apartment community. The 67 affordable housing units will continue to serve senior households (age 62+) at the 50% Area Median Income level. Existing tenants will not be adversely impacted by any of the agreement's new terms nor affected directly by the change in ownership.
Adoption of the resolution will authorize the transfer through the Assignm ent and Assumption Agreement (Exhibit 2) and approval of the amended and restated AHA (AHA- 2024-0004, Exhibit 3).
The following alternatives are available to the City Council:
1. Adopt Resolution No. 2024-37, approving the Assignment and Assumption Agreement ( Exhibit 2) and the Amended and Restated Affordable Housing Agreement (AHA-2024-0004, Exhibit 3) imposing current industry standards to the affordable agreement terms with no change to the period of affordability or the income levels served;
2. Provide staff with alternate direction.
Staff recommends Alternative No. 1.
2 AHA-2024-0004HarmonyTerraceAptsCCmtg9-9-24(klk)
SUGGESTED CITY COUNCIL MOTION
I move to adopt Resolution No. 2024-37, approving the Assignment and Assumption Agreement and the Amended and Restated Affordable Housing Agreement (AHA-2024- 0004) imposing current industry standards to the affordable agreement terms with no change to the period of affordability or the income levels served.
SUMMARY
On May, 13, 2024, Harmony Simi Valley AR, L.P. , under its Administrative General Partner, HCHP, requested to assign its interest in Developer to Standard AGP. The City approved the o riginal Affordable Housing Agreement (AHA) in June 199 8 with the Simi Valley Housing Investors, L.P. , which was subsequently amended in March 1999 and March 2015 and transferred ownership of the project to Harmony Simi Valley AR, L.P. in November 2016, which regulates the terms of affordability for sixty-seven (67) affordable units. The current AHA requires the City to approve the transfer of ownership. Therefore, it is recommended that the City Council adopt the resolution approving transfer of ownership and the A mended and Restated Affordable Housing Agreement (AHA -2024- 0004) with no changes to the period of affordability or income levels served.
___________________________________
Stratis Perros
Environmental Services Director
Prepared by: Mara Malch, Deputy Environmental Services Director
INDEX Page
Resolution No. 2024-37 .................................................................................................. 4 Exhibit 1 to the Resolution – Affordable Housing Agreement Amendment/Transfer Request .................................................................. 6 Exhibit 2 to the Resolution – Assignment and Assumption Agreement ................. 42 Exhibit 3 to the Resolution – Amended and Restated Affordable Housing Agreement (AHA-2024-0004) ................................................................. 47 Attachment A – Affordable Housing Agreement ........................................................... 82 3 AHA-2024-0004HarmonyTerraceAptsCCmtg9-9-24(klk)
RESOLUTION NO. 2024-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AUTHORIZING THE TRANSFER OF
OWNERSHIP AND APPROVING THE AMENDED AND
RESTATED AFFORDABLE HOUSING AGREEMENT
BETWEEN THE CITY OF SIMI VALLEY AND HARMONY
SIMI VALLEY AR, L.P. (AHA-2024-0004)
WHEREAS, the City of Simi Valley (CITY) and Simi Valley Housing Investors, L.P. entered into an Affordable Housing Agreement (AHA -R-32) dated June 15, 1998, recorded on June 22, 1998, as document number 98- 101018 (“Original Agreement); and
WHEREAS, the Original Agreement was amended two times
(“Amendments”) with the First Amendment approved on March 15, 1999 and recorded on April 1, 1999, as document number 99-064046 and the second amendment approved on March 23, 2015, and recorded as document number 20150403-00049443-0; and
WHEREAS, the 1998 Original Agreement and First Amendment were entered into by and among the City, Agency, and Simi Valley Housing Investors, L.P., and resulted in Project Approvals GPA -42, Z-S-511, TT5124 & PD -S-883, requiring the construction of a 136-unit senior apartment project with 67 units reserved as affordable; and
WHEREAS, the Developer received approval of a density bonus of 63 units on the Project Site; and
WHEREAS, the former Simi Valley Community Development (Agency) provided the Developer a $6,700 grant from the Agency Affordable Housing Incentives Account to provide financial assistance in the payment of certain City plan check and permit fees required for the development of the proposed Project; and
WHEREAS, the CITY approved the transfer of ownership from Simi Valley Housing Investors, L.P. to Harmony Simi Valley AR, L.P. and consented to the Assignment and Assumption of Affordable Housing Agreement/Rental, on November 21, 2016, and recorded as document number 20161219-00187803; and
WHEREAS, HCHP is the “Administrative General Partner” of Developer and TCP is the “Class B Limited Partner” of Developer.
WHEREAS, on May 13, 2024, Harmony Simi Valley AR, L.P. ( OWNER) requested to amend their Affordable Housing Agreement in order to effectuate certain organizational transfers within Owner; and
4 AHA-2024-0004HarmonyTerraceAptsCCmtg9-9-24(klk)
WHEREAS, the OWNER intends to transfer interests currently held by its affiliate, Highridge Costa Housing Partners, LLC , to Standard AGP, LLC (Standard Communities), with no substantive changes to the terms of the Agreement by September 2024; and
WHEREAS, Paragraph 15.01 of the AHA-R-32 requires City approval of a transfer of ownership and Owner has requested said approval (Exhibit 1) to transfer ownership within its organizational structure of the project; and
WHEREAS, CITY and OWNER agree to amend terms of AHA -R-32 to incorporate current industry standards without modifying affordability requirements or term or term of affordability.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. T he City Council is s upportive of O WNER’s organizational transfer and hereby approves the Assignment and Assumption Agreement (Exhibit 2).
SECTION 2. The City Council approves the Amended and Restated Affordable Housing Agreement (AHA-2024-0004, Exhibit 3), which repeals and replaces Affordable Housing Agreement (AHA -R-32) and amends other terms consistent with affordable housing laws and industry standards.
SECTION 3.
The City Manager is authorized to execute the Assignment and Assumption Agreement.
SECTION 4. The City Manager is authorized to execute any amendments necessary to AHA-2024-0004 to conform to facilitate the close of escrow.
SECTION 5. The City Cler k shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 9th day of September 2024.
Attest:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
Stratis Perros
Environmental Services Director
5 RES. NO. 2024-37
EXHIBIT 1
6 RES. NO. 2024-37
7 RES. NO. 2024-37
8 RES. NO. 2024-37
9 RES. NO. 2024-37
10 RES. NO. 2024-37
11 RES. NO. 2024-37
12 RES. NO. 2024-37
Si STANDARD
COMMUNITIES
Los Angeles New York Washington. D.C. Chicago Orange County May 13,2024
VIA F'EDEX
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Director of Environmental Services
Re: Reouest for Consent to Transfer Certain Ownership Interests:
Charleston M iami
Project:
Address:
Owner:
Agency:
Agreement:
Harmony Terrace
905 Sunset Garden Lane, Simi Valley, California
Harmony Simi Valley AR, L.P., a California limited partnership City of Simi Valley
Amended and Restated Affordable Housing AgreementlRental; Recorded on April 3,2015 as Document No. 20150403-00049443' 0 Ladies and Gentlemen:
This letter constitutes notice that Owner intends to effectuate certain organizational transfers within Owner, as more particularly described herein (the "Transfer").
Owner's current organizational structure is set forth on Exhibit A-1. The interests in Owner currently held by affiliates of Highridge Costa will be transferred to affiliates of Standard Communities, with the final intended structure of Owner set forth on Exhibit A-2. The Transfer will be consummated pursuant to amendments to Owner's and its constifuent entities' or ganizational do cuments.
Standard Communities is an experienced multifamily apartment project owner and currently owns nearly 19,500 residential units (including, more than 18,400 affordable and workforce housing units) across the United States. A company overview for Standard Communities and its key principals, Scott Alter and Jeffrey Jaeger, is attached as Exhibit B. 13 RES. NO. 2024-37
Page2
In connection with the consummation of the Transfer or shortly thereafter, Owner is considering engaging Aparhnent Management Consultants, L.L.C., a Utah limited liability company ("AMC.") as the new property manager of the Project. A company overview for AMC is attached as Exhibit C.
Owner requests that Agency consent to the Transfer or ottrerwise advise what further documentation Agency may require in order to evaluate the Transfer within fifteen (1$ davs following receipt of this request.
Please direct communication on this matter to Keith Dragoon and Katherine Smith of Standard Communities and Sarah Kruszona and Andrew Lamming of Rutan & Tucker, LLP.
Should you have any questions regarding the foregoing, please do not hesitate to contact such individuals.
Very truly yours,
STANDARD COMMUNITIES
KrtH D+a+a*t
Keith Dragoon, WtarrafingD irector
cc (via email) : Mr. Keith Dragoon ([email protected]) Ms. Katherine Smith ([email protected])
Sarah Kruszona, Esq. (skruszona@rutan com)
Andrew Lamming, Esq. ([email protected])
L egal (le g al @ffah. org)
26501029060-0369
20443308.3 a05113/24
14 RES. NO. 2024-37
Harmony Terrace Apartmmts:
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16 RES. NO. 2024-37
Exhibit B
Companv Overview - Standard Communities
Company Overview
wwwstandard-communities.com
February 2024
COMMUNITIES
STANDARDI
17 RES. NO. 2024-37
b STA-I?IRD
Slondqrd Communities Overview
26s0/029060-0369
20443308.3 a05/13/24
18 RES. NO. 2024-37
b STAIPAT?
Slqndqrd Communities
@cee
lnslllullonol
FulFseruice invesimeni
ond csset
mOnOgen'teni iirnl-
Experh
Speciolisls irr the
ccquisition,
rehobilildiion, ond
preseruolion of "ol-
risk" affordoble
housi n E.
Dlversltled
Owns neorly 19,500
resideniioiunits
(including, I8,400+
oflordoble ond
workforce housing
units) ocross lhe U.S.
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Since 2008, Slondord
Cornmuniiies hos
corr,pleled more thon
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,:cq!isiiions onC
rehcbililolionr
inclucling nrore ihorr 50
repcrole LiHTC
irorrsoclions covering
over 9.500 units.
Nollonwlde
Offices in Los Angeles.
l.lew York. Wcghrnglorl
D.C., Chiccqo.
Cl:orleslon, Mionii, cnd
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26501029060-0369
20443308.3 a05/13/24
19 RES. NO. 2024-37
b srA-ry?fB?
Slqnd<rrd's Reol Eslqle Portfolio
AUF50
Reg0onol Breokdown:
West Coost:
39 Properlles
Norlheasi:
39 Properlles
Midwest:
l5 Properllec
Souiheost:
:Xl Prop.rlles
f, r.cc**
I nar.a
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! socnot
2650/029060-0369
20443308.3 a05ll3D4
20 RES. NO. 2024-37
b srA-rlP3TD
Select Trqnsqclions
Converted 300 uniis in Adinglon. VA
from morket ro'te lo sffordoble wilh
60% AMI rent restrictions through o
LIHTC regulolory qgreement lhoi
coven 1007" of the unils.
Acquisilion of o 379-unil 1007o
offordqble housing community in
Honolulu, Howoii. This is the lorgest
FHA deol ond lorge6t Proiecl-Bosed
Seclion 8 ironsoclion in Hswoii slole
hislory.
$l8MM ocquisition of 55 one.ond iwo-
bedroom unils in Conion, MA. A $2.4
million renovqlion is underwoy to
improve ond modemize the
communily,
I
)l
I tl
2023
HIGHLIGHTS
6 __fia[ ! B B EI
r!l sE0l
irI o;ol
/6\
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!
5520mm+
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2650/029060-0369
20443308.3 a05/13/24
21 RES. NO. 2024-37
5 srAIP3.,T?
Select Tronsqctions
$l96mm ocquisiiion of o 559-unil lhre*
property offordoble senior porlfolio in
Escondido, Livemse, ond Anoheim.
CA. Stondord completed the
tronsoclion in porineship with Housing
on Merit qnd on instilulionol joinl
venture equity portner.
Led o public-privote portnechip to
convert o lZ&unit communily lo
offsdoble from rnorket role. A $3mm
renovolion is plonned, including
energy efficiency upgrodes ond
qddresslng deferred mqlnlenqnce.
Acquisition of 28 generol partnetship
inierests in existing Low lncome Housing
Tox Credil portnerehips owning 3. 151
project bosed seciion 8 uniis ocross Florido
ond Georgio.
2022
HIGHTIGHTS
6 41
l:J:
: a:::j
o
0 E
5,500+
.,' :
r:ti:a:.r'::i
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26s01029060-0369
20443308.3 a05/13/24
22 RES. NO. 2024-37
b STANDARD
ai{'/uL i ::
Select Trqnsqclions
$55.5mm ocquisiiion of o 3oGunii
exisiing Section 8 property in
Chorleston, SC. A $22mm rehob is
underwoy ihol will upgrade ihe enlire
community without displocing
residenls.
$3l.2mm tronsoction lo presewe the
offordqbility of oll6l unils ot on
oporiment communiiy in downlown
Posodeno, CA os senior affordoble
housing for lhe nex+ 55 yeors.
$38mm Pubfic-Privoie Porlnership wilh
NJHMFA thol exlended the offordobiliiy
of oll 159 units in o communily in Allontic
Cily for lhe next 30 years. A $l0mm rehob
is undwoy lhot will upgrode the entire
communily.
2021
HIGHTIGHTS
K
10,500+'.a
" r:::=":
+91.5B
1.,',-
ittri.;it l:t_ta,_
26 : :i-J
4,400+
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o
0 26s0/029060-0369
20443308.3 aQ5/13,24
23 RES. NO. 2024-37
b srAI"Ds,B?
Selecl Trqnsoclions
$29mm ocquisilion of 42 Seciion 8
lamily unils in Woshington, D.C. Four
units were odded to the sile os pod of
qn extensive renovotion, The
ironsoction preserued ond extended
the comrnunity's offordobility for the
nexl 30 yeors.
$26mm ocquisiiion of 120 fo mily unils
in Summeruille, SC. The communily is
1007. LIHTC ond 100% proieci-bosed
seclion 8. upon ocquisilion, Slqndord
executed o new section 8 contrccl
thot covered oll uniis for onolher 20
yeors.
$65mm ocqulsillon of q 97-unii mixed-
income properiy in Meihuen. MA ond
o 156-unil noturolly occuning
offordoble senior communily in
Westwood, MA using privoie copiiol.
2020
HIGHTIGHTS
DO
00 00
972
..' i, :
1,390+
'.1:r'., r:jijl.':
228
il:ij r;ra,'3-:'-"1
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26sO/029060-0369
20443308.3 aQ5/13/24
24 RES. NO. 2024-37
b srAx"D"f,-T?
Select Trqnsqclions
$223.9MM Public-Privoie Porlnership wiih
Howoii Housing Finonce &
Development Corporoiion lo reposilion
ond expond the offordobility ol o i .221-
unit porifolio. The projecl is privolely
funded, including on $85MM, ienont-in-
ploce renovolion.
$23.6MM qcquisiiion of o I26unit
eisting LIHTC properfy ln
Woodbridge, VA. All uniis ore
restricted lo 607o AMI renls.
$50MM ocquisiiion qnd renovolion
using LIHTCs ond Tox-b(empl Bonds
of 128 units in Foirfield, CA. The
$7.2MM rehob ot this Secfion 8
property will upgrode the enlire
communily wiihoui displocing
residenis-
2019
HIGHLIGHTS
0 u
0 3,650+
'.:r" .:::C- r'i
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..1'ii tari:'. a-:'-. t
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1,706
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0 2650/029060-0369
2OM33O8.3 a05/13/24
25 RES. NO. 2024-37
b STANDARD
Selecl Trqnsqclions
$205MM ocquisiiion, preseruotion,
ond renovotion of on 87'unit, 6
building Senior Section 8 porifolio in
ihe Chicogo oreo. Lorgesl single-
ironsoclion Tox-Exe mpl Bond / 47"
LIHTC deol in lL history.
$64,3MM ocquisition, renovotion, qnd
preservoiion os offordoble housing
using LIHTCs ond Tox-kempl Bonds of
o 187-unii Senior properly wilh o
Seclion 8 HAP in Sodomenio, CA.
$22. 1 MM ocquisiiion ond renovslion
using LIHTCS ond Tox-Exempt Bonds of
o 106unii properfy wilh o Seciion 8
HAP conlrqci serving Seniors in
Providence, Rhode lslonci.
201 8
HIGHLIGHTS
1,930+
' .
= ,, '=::)3 ::
829
-l- ij r;r ;..,;1 r; ";r
't t:iD a_:-
_i
'I .31 I
r._-l:l:-:-:q
:TI- Jr-
26sO/029060-0369
20M3308.3 a05/13/24
26 RES. NO. 2024-37
b STAS"DS.,T?
Select Trqnsqclions
$l l5MM ocquisiiion ond preservolion
of o 151-unii qportmenl propedry wilh
o Prcjeci-Bosed Seciion 8 conirocl in
Midlown Monholion, NYC.
$SOMll ocquisition oi qn e*siing
Section 42 LIHTC property with 276
unils in Goinesville, VA duing its
exiended complionce period.
$78MM ocquisition, rehobililolion,
ond preservotion os qffordoble
housing of 240 Seclion 8 HAP unils in
Son Diego, Coli{orniq using LIHTCS
ond Tqx-Exempl Bonds.
2017
HIGHLIGHTS
0 0
g
E
tl
u
D
2,54O+
':3,""::il:'1:
I ,150
.-l- ii ra. a..'r' .,':
1,319
a::::a' . a:.:
r-I-l
____Jrl
0 0
0u
B
26s0/029060-0369
20443308.3 a05/13D4
27 RES. NO. 2024-37
b srAIPnT?
Seleci Trqnsociions
$Z8MM ocquisilion, rehobilitolion. ond
preservotion of o 240-unil offordoble
housing property wiih 182 Section 8
HAP unils in Son Diego, Colifofnio
$94MM ocquisition ond rehqbilitalion
of o 549-unit properly in Woshington,
D,C. Tl'le otfordobility of ihe properly
wos enhonced ond extended, ond 72
HAP units were lronsfened to ihe sile
vio Sibb).
$46.6MM ocquisltion ond renovotion
utillzing LIHTCs ond Tox-Exempt Bonds
of o 124-unii muliifqmily housing
properly with o SecUon I HAP
conlrocl in Wesichesier County, NY.
20't6
HIGHTIGHTS
o
o
B
1,644
--i'.,
3,650+
r--, , td
5s0
Llrii rer,o..'f 'rc lS
:
"
ilP la-"i
B
E
B
0 26s0t029060-0369
20443308.3 a05/13/24
28 RES. NO. 2024-37
b STANDARD
Sustqinobility, Services qnd Philonthropy
2650/029060-0369
20443308.3 a05113D4
29 RES. NO. 2024-37
b srA::"DAT?
Energy & Sustqinobility
Gools & Objeclives
. Red,Jce Corbon Poliullon, Energy Consumpiion. onci Pctoble vvcler Consumplion indiviciucily 20% oy 2030. ccmp.Jred lo o 2020 baselif e
. Slrive ic inlt(Ill sclcr energy in c I new projects cnd r€novotions . Conduci on energy oudil cn,C Enierprise Green Corrrm,unilies cerjificotion feoslbiliiy siudy for new builcls oid subsloniiol r€lro bilit0liorrs
. Pursue buik €nergy supply conirccls pricfiiizing renev/oble erlergy
. DeveloF a mosler metering strolegy for eriergy cnC vrcler lvhile inlplemeniing cuiiing-edge woier conservc iicn
lechnologies
. Plon oncl impi€mef r on Tndoor Air Quolily l'lonogemeii Plon al all propertiee
". "'ji :1e'r":{itlp'ar,ttry:fP.it"i'
I BetterBuildinqs
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b STATPJA,,T?
Suslqinobility Profile
Fort Choplin Pork Aporlmenis
i Lcrgest rcoilcp communily solor syslem in D,C., sponning 45 buildings
. Generoles 1.5 milliorr + kwh oi energy cnnuclly, which is the equi,zolenl f o of fseliing ihe greenhouse emissions of 229 cors per yeqr
. Soves residents up to $500 per yeor on their eleclric bills . 5,000 squore foot LEED Silver Ccmrnuniiy Cenier conrplete wilh o green roof
. Feotures o futl-length pcol ond omeniiies such os c gym, compuler rooni, cnd doy core center
. This Community Cenierserves cs the hub for cll sociol seruices ond comnrurity orogrcmming
. Enierprise Green Communiiies certified
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b srAISf*,?
Certilied B Corporolion
Cerlified B Corporolion since Aptil2o23
. Sicnclord Communities joins on irrlernoiiorrcl movemenl of more th,:n 6.5C0 purpose-driven businesses lhol nreei B Corp s high siondards of yerilied performcnce,
occountobiliiy, ond ironsporency on ictciors from enrployee benef irs and choritoble glving io supply chcin prcclices cnd irrpui moferiols.
. Ceriified B Corporoiions ore leoders in the globol
movenieni for on inclusive, equitoble. ond regenerclive eccnomy.
. Sicndorci is the fiBl oiiordoble housing compcny lo receive ihis d€signolion.
WE MEASURE MORE
THAN PROFIT.
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I srAIPf"T?
Corporqte Philonlhropy
bjsr*$"D.*F,R
. Siondard Plus Fcundotlon's nrission is io io:ier strong, inclusive. cnd equitcbie corrrnruniiies in the ntcrkeis ne:erve
. Resident Reiiet Fund tc help residenls who hover been mcsi adversely impocied by CCVID-l?
. Provideo free CCVID-19 prciectlon klis to aoprox. 18.500 lcw- income resloents ccross o!r porilolio
. Dislribuled m,ore ihon 6,000 nreols to residenis c)f our aifordcble housing communilies jn Ne$, Ycrl: Ciiy cnd ihe surrounding nreiro orec
. Focililoled c donolicn of $13,600 io lhe Thcmos House Fcmily Shelier irr Oronge Covnf y, CA to help f urlher lhe non-profil orgcnizoiion's resDonse io ihe COVID pcndemlc
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b STANDARD
Slondord Communilies Tesm
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5 STAIPSS?
Stqndord Teqm - Key Principols
,WL Scotl J. Alier
Co'Founder of Stondord Communities
Scotl J. Alter is CcFounder ond Principol of Stondord
Communities. As Principol, Mr. Alter monoges ollospects of investmenls, ossei morcgement. coGfruction, finonciol
slruciuring, ond corpqale slrolegy for Siondord Communilies.
Sinc€ co.founding Siondord Communilies in 2008, Mr- Alter hos led Siondord lo b€come o Colifomio 8enefil Copooiion ond one of lhe 50 lorgest offordoble howing owne6 in lhe country, with more thon $4 billiffi in AUM and over 19,000 unils.
Over lhe course of his cqr€er, Mr, Aller hos ployed on inlegrol role in the acquisilitr. monogement, dbposiiion. ond
finoncing of rsl eslote ircnsoclions.
Well-krcwn in lhe philonthrcpic communiv Mr. Alier serves on lhe Hosi Commiit@ fq the Stonford Center on
Philonlhropy ond Civil S€iely ond is o curent Boord Member ond CGFounder of Hosr'ng on Meril, o Colifomio bosed n6- profii f€used on creoting o Eridge 1o pemonenl qffordoble housing for vulnerqble populolions, Addiiisqlly. Mr. Aller b on cclive bqd member of multiple l@ally-fcsed communit
orgonlzqlions ln New York City. Mr. Aller eored o Bochelor of Sclence degree in lndustriol ond Lqbor Relotions trom Cffiell Unive6it/ wiih o conceniralion in Lobd Ecmomics ond
Finonce-
Jeffrey E. Joeger
CcFounder of Stondord Communities
Jeffrey E. Jqeger is CcF@nder qnd Ptincipol ai Slondtrd Communilies. Mr. Joeger is responsible fd oll focets of inveslmenis. 6et mqnogement, consiructitr, finonciol
struclwing, ond lhe siroteglc dirrction of Siondord
Communilies. Under Mr. Joeger's ledde6hip, Stondord
Communilies hs become one of the 50 lorgesl
offrydable housing trneE in lhe counlry. wilh a porifolio of 120 deals totdling over 19,000 units.
Over the coure of his cqreet Mr. Joeger hc ployed on
e$eniiol role in the ocquisilion, monogemenl, disposilion, ond finoncing of reol esioie lronsaciions.
Aclive in ihe Los Angeles philonlhropic communiiy, Mr.
Joeger is o curent B@rd Member ond CoFounder of
Housing s Merit, o Colifmiebosed non-profit focused
s creoting o bridge to pemonent ofJordoble hosing fd
vulnsoble populqlions, Mr. Joegs is also o curent Bmrd
Member of lnner{ity Arls. me of the nolion's mosl
effeclive arts-educolion provider locoted in ihe heort of Skid Row, Los Angeles. He emed o Bochelor of Ads
degree from lhe UniveEiv of Colitmio. Be*eley.
,tr
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Exhibit C
Companv Overview - AMC
36 RES. NO. 2024-37
WE AHE APARTMENT
MANAGEM ENT CIINSU LTANTS
i954 toRT UNr0N BLVD I C0n0ilW000 HETEHIS. UT 84121
Bre-da Bar.et I )res dent or Prcpery Manage'nent Operai ors (80'1 ) 676-i 631 [email protected]
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Apartment Management Consultants, tLC (AMC), was founded in 20fi) by Greg Wiseman.
Greg began his career in multFfamlly property management as a leasing agent for a single property and quickly worked his way up to management over portfolios of more than 5,000 units, Through his skill and hard work, Greg established himself as an industry leader in muhFfamily opentiors and management. ln the couse of his very successful pre-AMC career, Greg worked for sweral of the largest ownere and operators of multFfamily properties in the country which expo*d him to various opemtion methods and philosophies. This experience convinced Greg that he could do it better. Greg founded AMC on the idea that fausing primarily on the individual needs of each aset would result in inceased returns for each property owner ard would, ln turn, create Srcaterdemand for AMCS management seruices.
Tired of the status quo, Greg was driven by a desire to create an envircnment where "best practices" were constantly evolving and improving; where lnitiatfue and passion we€ tecognized and remrded, where transparency was a way of life, and where culture meant more than a mission statement.
Greg focused on dseloping systems that would eventually become a platform of repeatable success unpanlleled in the fee management world. The result was the unprecedented growth ofAMC and the development of industry leading talent.
AMC does not have a new business development department and never solicits business. All of our growth has been organlc; word of motrth, referrals (we don't pay refernl fees) and existing clients (consolidating management companies and grcwing their portfolio sizel.
Declsions and pollcies are made quickly at AMg with very little hierarchy. Greg Wiseman (CEO) and Brenda Barrett (President) are the two main decision makers and work directly with the 3 $r'Ps, 22 vPs and the 120 Regional Property ManageB (RPM).
RPM Portfolios are intentionally set to allow for high levels of engagement with both Ownership and the On-Site Teams. While AMC has goals for the continued growth of our portfolio, our RPMs and VPs dedicate their timE and energy to our existing clients and assets.
Thi6 d@urent @r{d6 confidentjal atd Fopdetary i.fomation, and i6 sde p.operty .f AinC, LLC 26sO/029060-0369
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AMC is comprised of individuals with diverse educational backgrounds, work experiences, and personal interests. We are all driven by a unique enthusiasm & commitment to being part of a team that is continuously working towards a higher level of excellence. . AMC is committed to exceeding the expectations of owners & asset managers. . AMC is committed to cultivating ingenuity & growth opportunities among our associates. . AMC is committed to ensuring a high-level of resident satisfaction & wellbeing' We strive to make each of the properties we manage perform to their potential by giving its staff the tools they need to succeed, by intelligently responding to the industry's market, and by overcoming any obstacles that might be presented along the wav' We are determined to achieve excellence within the management industry and take the owner friendly management structure to the next level by establishing, maintaining, promoting and advanc'rng high standards of property management.
Thbdodrent@ntdc o.fiHida.ldp.opriebry infomation, andisEde p.opedyof AlrC, LLC . '-::l : l::-:':: ': i ::'-":l i'-ri':*-.: i?:'- .::l':':ii-:5-i::i'-:--'::.'ilil ^:' I,-: ,j: : j,::t-:' :--.i' :r: --rl --n-1,'--i-:i.l:-":l-ll- l'-'. :,' I-1: -:.i:i-'a ' j:- ::1:-^::. ':
_ .:..r '..-:,,-_.:::,'.:;,tr::::'.-.._l:'_,r.i-:-: -_: :':-,:,:ta'--_-ii::,),:'-: r!1:--::
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OUR MISSION
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AMC CURRENTLY MANAGES OVER
L47,OOO UNITS LOCATED IN 31 STATES
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Thb d@mEnt @nldF orfderntal od propd€tary irfomation, snd b sole p@p€rv of Altlc, LLC. 216,542
Happy Residerts
3,589
Errolcy e=s
865147,097
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AMC AFFORDABLE COMMUNITIES
AFFORDABLE COMMU NITIES
The range of our portfolio includes nearly 20,000 affordable units nationwide, many of which carry multiple layers of affordability components. Our experience encompasses, but is not limited to: Section 8, LIHTC, Bond, Home, as well as numerous regional programs.
Our operations personnel, in conjunction with our compliance team, bring expertise in not only the preparation and review of initial resident qualification files, lRs, and ARs; but also MOR, and AMR prep, HOTMA, NSIPIRE, HUD submissions, and required agency reporting.
This delmnt @ntdF coffid$tial and proprietary infomation, and is sde prop€rv of AMc, LLc. 26s01029060-0369
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EXHIBIT 2
ASSIGNMENT AND ASSUMPTION
AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) dated as of [ ], 2024 (the “Effective Date”), is entered into by and between HCHP AFFORDABLE MULTI-FAMILY, LLC, a California limited liability company (“HCHP”) and TCP II EP, L.P., a California limited liability company (“TCP” and together with HCHP, “Assignor”), on the one hand, and Standard Harmony Simi Valley AGP, LLC, a Delaware limited liability company (“Standard AGP”) and Standard HC BLP LLC, a Delaware limited liability company (“Standard HC” and together with Standard AGP, “Assignee”), on the other hand, with the consent and agreement of the City of Simi Valley, California, a municipal corporation (“City”) with reference to the following:
RECITALS:
A. The City and Simi Valley Housing Investors, L.P. entered into that certain Amended and Restated Affordable Housing Agreement/Rental dated March 23, 2015, recorded on April 3, 2015 as document number 20150703- 00049443-0 (the “Original Agreement”). Capitalized terms used herein without definition shall have the meanings ascribed to them in the Original Agreement.
B. The City approved the transfer of ownership of the P roject Site from Simi Valley Housing Investors, L.P. to Harmony Simi Valley AR, L.P., a California limited partnership (“Project Owner” or “Developer”) and consented to the Assignment and Assumption of Affordable Housing Agreement/Rental, on November 21, 2016 and recorded as document number 20161219-00187803.
C. The Original Agreement referenced Project Approvals GPA -42, Z-S-511, TT5124 & PD-S-883, requiring the construction of a 136- unit senior apartment project with 67 units reserved as affordable.
D. The Developer received approval of a density bonus of 63 units on the Project Site.
E. The former Simi Valley Community Development (Agency) provided the Developer a $6,700 grant from the Agency Affordable Housing Incentives Account to provide financial assistance in the payment of certain City plan check and permit fees required for the development of the proposed Project.
F. Prior to the date hereof, HCHP is the “Administrative General Partner” of Developer and TCP is the “Class B Limited Partner” of Developer.
G. Substantially concurrently herewith, HCHP wishes to assign its interest in Developer to Standard AGP, and Standard AGP wishes to accept such assignment, and TCP wishes to assign its interest to Standard HC, and Standard HC wishes to accept such assignment, and the City has agreed to consent to such assignments. 42 RES. NO. 2024-37
H. Pursuant to Paragr aph 15.01 of the Original Agreement, Assignee confirms that they have been fully informed of the terms of the Original Agreement and the benefits/burdens conferred therein.
A G R E E M E N T:
NOW, THEREFORE, in consideration of the foregoing recitals, whic h are a part of this Assignment, and the mutual covenants and undertakings hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owners do hereby agree as follows:
1. Assignment of Transferred Assets. Assignor hereby sells, conveys, assigns, transfers and delivers to Assignee, and Assignee hereby purchases, acquires and accepts from Assignor the following (collectively, the “Transferred Assets”): (a) the partnership interests described above, including, without limitation, (i) the economic rights associated with such interest, the rights to future allocations of income and loss with respect to such interest, the future allocations of tax items with respect to such interest and future (or accrued but unpaid) distributions of any kind with respect to such interest, the rights to any future (or accrued but unpaid) distributions, fees or payments of any kind with respect to such interest, and rights in liquidation associated with such interest, and (ii) all voting and approval rights attributable to such interest; (b) to the extent owned by Assignor, any interest in any fee (including a developer fee note, deferred developer fee or deferred development fee) or operating deficit loan or par tner advance due from the Developer under the limited partnership agreement of the Developer (the "Partnership Agreement") (or, as applicable, under other contracts with the Developer setting forth entitlements to a fee or operating deficit loan or partner advance provided for or permitted by such limited partnership agreement) (collectively, the “Ancillary Transferred Assets”); and (c) any and all of the direct and indirect economic interests (whether debt or equity) owned by Assignor with respect to the Developer.
2. Ratification of Original Agreement. Each of Standard AGP and Standard HC, respectively in its capacity as the “Administrative General Partner” of Developer and the “Class B Limited Partner” of Developer, hereby ratify the rights and obligations of Developer pursuant to the Original Agreement.
3. Governing Law. This Assignment shall be construed under and enforced in accordance with the laws of the State of California.
4. Further Assurances. Assignor and Assignee each agree to execute and deliver to the other party, upon demand, such further documents, instruments and conveyances, and shall take such further actions, as are reasonably necessary or desirable to effectuate this Assignment.
5. Successors and Assigns. This Assignment shall inure to the benef it of, and be binding upon, the successors, executors, administrators, legal representatives and assigns of the parties hereto.
43 RES. NO. 2024-37
6. Facsimile Signature; Counterparts . This Assignment shall be effective and enforceable against the parties hereto if executed by facsimile signature and/or in multiple counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same document.
[Remainder of page left intentionally blank. Signatures follow.]
44 RES. NO. 2024-37
EXHIBIT 2
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment on the date first set forth above.
ASSIGNOR:
HCHP AFFORDABLE MULTI-FAMILY, LLC,
a California limited liability company
By:
Name:
Title:
TCP II EP, L.P.,
a California limited liability company
By:
Name:
Title:
ASSIGNEE:
Standard Harmony Simi Valley AGP, LLC,
a Delaware limited liability company
By: Standard HC YF SPE Manager LLC,
a Delaware limited liability company, its Manager
By:
Name:
Title: Authorized Representative
Standard HC BLP LLC,
a Delaware limited liability company
By:
Name:
Title: Authorized Representative
45 RES. NO. 2024-37
CONSENTED TO:
City hereby consents to the Assignment and to the terms of said Assignment and hereby agrees to accept performance under the Original Agreement from Assignee.
IN WITNESS WHEREOF, City has executed this Assignment on the date first set forth above.
CITY:
The City of Simi Valley
a municipal corporation
By: ________________________________
Name: Samantha C. Argabrite
Title: City Manager
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name: Algeria R. Ford
Title: City Attorney
46 RES. NO. 2024-37
EXHIBIT 3
SPACE ABOVE FOR RECORDER’S USE
ONLY
The Undersigned d eclares that this
document is recorded for the b enefit of
the City of Simi Valley and therefore is
exempt from the payment of a recording
fee pursuant to Government Code
Section 6103 & 27383.
APN: 635-0-220-025
CITY OF SIMI VALLEY
AMENDED AND RESTATED
AFFORDABLE HOUSING AGREEMENT
HARMONY TERRACE APARTMENTS
(HARMONY SIMI VALLEY AR, L.P.)
The land referred to in this Affordable Housing Agreement (AHA-2024-0004) is situated in the
City of S imi Valley, County of Ventura, State of California on a 5.4-acre portion of a parcel located on 941 Sunset Garden Lane, more particularly described in Exhibit “A”, attached.
These Restrictions provide rights to the City of Simi Valley in regulating the rental of the subject 136-unit senior apartment project, containing sixty-seven (67) affordable units, for a period of sixty-five (65) years from the issuance of a Certificate of Occupancy.
CITY OF SIMI VALLEY
Attn: City Clerk
2929 Tapo Canyon Road
Simi Valley, CA 93063
47 RES. NO. 2024-37
AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT
HARMONY TERRACE APARTMENTS
HARMONY SIMI VALLEY AR, L.P.
THIS AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT (AHA- 2024-0004) (“Agreement”) dated as of [ ], 2024 (the “Effective Date”), is entered into by and between the City of Simi Valley, California, a municipal corporation (“C ity”) and Harmony Simi Valley AR, L.P., a California limited partnership (“Project Owner”, “Owner” or “Developer”). The City and Developer are sometimes referred to as the Parties.
RECITALS
A. The Project Site consists of approximately 5.45- acre portion of a property located in the City of Simi Valley, County of Ventura, State of California, as described in Exhibit “A”, hereinafter referred to as the “Project Site”.
B. The City and Simi Valley Housing Investors, L.P. entered into that certain Amended and Restated Affordable Housing Agreement/Rental dated March 23, 2015, recorded on April 3, 2015 as document number 20150703- 00049443-0 (the “Original Agreement”). Capitalized terms used herein without definition shall have the meanings ascribed to them in the Original Agreement.
C. The City approved the transfer of ownership of the Project Site from Simi Valley Housing Investors, L.P. to Developer and consented to the Assignment and Assumption of Affordable Housing Agreement/Rental, on November 21, 2016 and recorded as document number 20161219-00187803.
D. The Original Agreement referenced Project Approvals GPA -42, Z-S-511, TT5124 & PD -S-883, requiring the construction of a 136- unit senior apartment project with 67 units reserved as affordable.
E. The Developer received approval of a density bonus of 63 units on the Project Site.
F. The former Simi Valley Community Development (Agency) provided the Developer a $6,700 grant from the Agency Affordable Housing Incentives Account to provide financial assistance in the payment of certain City plan check and permit fees required for the development of the proposed Project.
G. This Agreement amends and restates and rescinds the Original Agreement.
NOW THEREFORE, City and Project Owner (as owner of the real property interests described above) declare that the Project Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants, conditions and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property. 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 Parties, their grantees , successors, heirs, executors, administrators, devisees or assigns, and all subsequent owners of all or any part of the Project Site, during the term of this Agreement. 48 RES. NO. 2024-37
In consideration of the mutual promises, obligations, and covenants herein contained, the City and Owner agree as follows:
1. DEFINITIONS
1.01 “Adjustment Date” shall have the meaning set forth in Paragraph 5.04(a) of this Agreement.
1.02 “Agency” shall mean the former Simi Valley Community Development Agency.
1.03 “AHU” or “Affordable Housing Unit” means each of the sixty-seven (67) units within the Project, which shall be reserved for rental to qualified senior households in accordance with the terms of this Agreement.
1.04 “Area Median Income” (AMI) means the annual median income, adjusted according to household size, for the County of Ventura, as most recently published and updated by the United States Department of Housing and Urban Development (“HUD”), and as set forth in Title 25, California Code of Regulations Section 6952, issued by the California Department of Housing and Community Development, or any other comparable source deemed appropriate by the City.
1.05 “Certificate of Occupancy” shall mean the Certificate of Occupancy or equivalent issued by the Building Official of the City of Simi Valley, which indicates that occupancy of the Project has been authorized, and which was issued on September 17, 1999.
1.06 “City” shall mean the City of Simi Valley.
1.07 “Current Rent” means the maximum amount charged to a Qualified Tenant as of May 29, 2024 and as set forth in Paragraph 5.02.
1.08 “Density Bonus Law” means California Government Code Section 65915 et seq., pertaining to Density Bonuses and Other Incentives.
1.09 “Director” shall mean the Environmental Services Director of the City of Simi Valley.
1.10 “Gross Income” means all payments from all sources received by a person (together with the gross income of all persons of the age of 18 years or older who intend to reside with such person in one residential unit), whether in cash or in kind as calculated pursuant to the Department of Housing and Urban Development (“HUD”) Regulations in effect as of the Date of this Agreement.
1.11 “HUD” means the U.S. Department of Housing and Urban Development or any successor agency.
1.12 “Income Limit Schedule” means the Schedule of Income Limits for the County of Ventura most recently published and updated by the United States Department of Housing and Urban Development (“HUD”), and as set 49 RES. NO. 2024-37
forth in Title 25, California Code of Regulations Section 6952, issued by the California Department of Housing and Community Development.
1.13 “Initial Rent” means the amount charged to a Qualified Tenant for first occupancy of an AHU immediately after the Certificate of Occupancy or equivalent is issued for the Project and as set forth in Paragraph 5.01.
1.14 “Initial Rent Date” means the first occupancy date of an AHU by a Qualified Senior Household immediately following the issuance of a Certificate of Occupancy or equivalent for the Project.
1.15 “Initial Tenant Costs” shall mean all deposits and fees, exclusive of the first month’s rent, charged to a Qualified Tenant prior to occupying an AHU.
1.16 “Manager” shall mean that person (or persons) who resides within the Project and has been hired by Owner to provide on- site management duties.
1.17 “Project” shall mean the 136-unit senior apartment complex which has been developed on the 5.45-acre site described in Exhibit A, including approvals, conditions of approval, construction and all related improvements located on the Project Site.
1.18 “Project Site” shall have the meaning set forth in the Recitals herein.
1.19 “Qualified Tenant” means a renter household or rental applicant household who meets the income and age criteria herein for eligibility as a Very Low - Income Household at the time of the initial tenancy (i.e., the date of initial occupancy as evidenced by execution by the tenant household of the initial Lease or Rental Agreement with the Owner).
1.20 “Restricted Rental Period” shall have the meaning set forth in Paragraph
3.02 of this Agreement.
1.21 “Restricted Rental Rate” means a rental payment regulated by the terms of this Agreement.
1.22 “Section 8 Program” or “HUD Section 8 Program” or “HUD Section 8 Certificate or Voucher Program” means the presently existing HUD Section 8 rental subsidy program, or any other similar local, regional, State or Federal program of rental subsidy that in the future either supplements or replaces the current programs.
1.23 “Senior” refers to a person 62 years of age or older.
1.24 “Senior Household” means a household in which at least one member is 62 years old or older and is a principal tenant in the unit.
1.25 “Tenant Recertification” shall have the meaning set forth in Paragraph 7.02 hereof.
50 RES. NO. 2024-37
1.26 “Very Low Income” shall have the meaning set forth in Paragraph 7.01 of this Agreement.
1.27 “Very Low Income Unit” means each of the 67 AHUs rented at the Very Low Income Initial Rent or Adjusted Rent calculated per Paragraph 5.01 or Paragraph 5.03, or Paragraph 5.04 as applicable, and occupied by an eligible Very Low Income household as determined in accordance with Paragraph 7.01.
2. DESIGNATION OF A FFORDABLE HOUSING UNITS; REGULATORY
INCENTIVES
2.01 Designation of Affordable Housing Units . City and Owner agree that the provisions which require that 136 units be occupied exclusively by senior households, that 67 units are to be occupied by Qualified Renters, and that the provision of Section 15.01, the Indemnity, Defend and Hold Harmless section, are the primary considerations provided for by Owner to cause the City to enter into this Agreement. The parties hereto agree that any failure to rent any of the 136 units to senior households, failure to rent any of the 67 AHUs to Qualified Renters, or any failure to comply with the Indemnity, Defend and Hold Harmless section of this Agreement shall constitute a material breach of this Agreement.
2.02 Incentives and Waivers. Government Code Section 65915(d) requires that cities and counties provide a developer of a housing development that meets the requirements defined in subsection 65915(b) a specific number of “concessions or incentives” to Owner to assist with the feasibility of the affordable housing project. The number of concessions provided depends on the percentage of the housing development that will be reserved for households at a particular income level. In addition, Government Code Section 65915(e) provides that a city or county shall not apply development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by Density Bonus Law. Owner hereby acknowledges receipt of at least one additional concession or incentive in exchange for Owner’s agreement to restrict the rents of the Affordable Housing Units. Owner has requested, and City has granted, the following concession (“Concession”) pursuant to Government Code Section 65915(d)(1), the State Density Bonus Law and Title 9 of the Simi Valley Municipal Code (SVMC):[Developer was granted a $6,700 grant from the City which was used for the payment of certain City plan check and permit fees for the Project].
3. TERM
3.01 Term of Agreement. The term of this Agreement will be for a period of sixty- five (65) years from the issuance of the Certificate of Occupancy. In addition to any other available remedies, if Owner breaches this Agreement, this Agreement shall be extended beyond the stated term on each AHU which gives rise to the breach. The extension will be equal to the period of time that each unit was rented in violation of this Agreement. The City may 51 RES. NO. 2024-37
unilaterally execute and record in the office of the County Recorder an amendment so extending the term of this Agreement. Notwithstanding the above, this unilateral extension shall not apply unless and until the breach exceeds an aggregate total of thirty (30) days in any calendar year and unless the City reasonably and in good faith determines Owner’s non- compliance in accordance with the verification criteria in Paragraph 11.01.
City and Owner further agree that each unit in the Project shall be reserved for senior households for the term of this Agreement.
3.02 Restricted Rental Period. City and Owner agree that the Restricted Rental Period commenced on September 17, 1999 for the first unit rented under this Agreement and, except as provided in Section 3.01, shall terminate sixty-five (65) years after the issuance of a Certificate of Occupancy on September 17, 2064.
4. TIME CONSTRAINTS
4.01 Maintenance of Entitlements. Owner shall maintain compliance with PD-S- 2022-0001 including extensions and/or modifications. Any violation of PD - S-2022-0001 may result in the City declaring this Agreement null and void.
5. RENTS
5.01 Initial Rents. The Initial Rent for each AHU in the Project shall not exceed the following limits:
“Very Low Income Units (50% of Median)”
22 - 1 bedroom/1 bathroom: $374/month
23 - 1 bedroom/1 bathroom: $433/month
10 - 1 bedroom/1 bathroom: $551/month
6 - 2 bedroom/1 bathroom: $447/month
6 - 2 bedroom/1 bathroom: $518/month
5.02 Current Rents. The Current Rent for each AHU in the Project as of May 29, 2024 shall not exceed a 2% rent increase from 2023 pursuant to the 2024 Maximum Rents and Income Limits letter:
“Very Low Income Units (50% of Median)”
22 - 1 bedroom/1 bathroom: $588/month
23 - 1 bedroom/1 bathroom: $680/month
10 - 1 bedroom/1 bathroom: $868/month
6 - 2 bedroom/1 bathroom: $702/month
6 - 2 bedroom/1 bathroom: $816/month
5.03 Security Deposits. Total deposits including security deposits and any other initial costs required of the Qualified Tenant occupying an AHU, other than the first month’s rent, shall not exceed the tenant portion of one month’s gross rent (without deduction of utility allowance) as determined under 52 RES. NO. 2024-37
Paragraphs 5.01, 5.04 or 5.05. If the security deposit exceeds $200, the tenant will be allowed to pay the deposit in equal monthly installments during the initial three months of occupancy of the unit as an addition to the rent. The security deposit shall not be increased as long as the tenant resides in the same unit.
5.04 Rent Adjustments.
(a) “Adjustment Date” means for each AHU, the first day of the calendar month immediately following the yearly anniversary of the Initial Rent Date for each unit. For example, if the Initial Rent Date is any date in November, then December 1, would be the first Adjustment Date for that AHU. (b) The annual rent increase for each of the 67 AHUs shall be as follows:
(i) On each Adjustment Date as of March 2015, the percentage increase in the Median Income Limit for Ventura County. (However, the minimum annual rent increase shall not be less than 1.0 percent, with a maximum of 3.0 percent);
(ii) On each Adjustment Date, as of March 2020, the minimum annual rent increase shall be 2.0 percent, with a maximum of 3.0 percent. On each Adjustment Date after March 2025, the annual rent increase shall be 3.0 percent.
(c) Notwithstanding Subparagraph 5.04(b), in no event shall the rent for any of the 28 Very Low Income Units at 35% AMI exceed 30 percent of 35 percent of 1/12 of the Area Median Income Figure adjusted for household size. In no event shall the rent for any of the 29 Very Low Income Units at 40% AMI exceed 30 percent of 40 percent of 1/12 of the Area Median Income Figure. In no event shall the rent for any of the 10 Very Low Income Units at 50% AMI exceed 30 percent of 50 percent of 1/12 of the Area Median Income Figure.
(d) Notwithstanding Subparagraph 5.04(b), in no event shall the rent for any Very Low Income Unit exceed the maximum restricted rent permitted by CTCAC.
(e) The Owner shall be entitled to rent the AHUs at the current Voucher Payment Standard Rent to tenants receiving Section 8 rental assistance payments from the Area Housing Authority of the County of Ventura, or its successor agency.
(f) AHU tenants shall not receive a rental adjustment more often than once every 12 months. For purposes of illustration and not limitation, if the Adjustment Date for an AHU is January 1 and that AHU is vacated on March 31 and is re- occupied on May 1, May 1 would be the Revised Adjustment Date and there may be a second adjustment within a 12-month period.
5.05 Vacated AHU Rent Adjustments
. Notwithstanding anything contained in this
53 RES. NO. 2024-37
Agreement, including, but not limited to Paragraphs 5.01 and 5.04 above, with respect to an AHU which becomes vacant during the term of this Agreement ( a “Vacated AHU”), as of the date that such Vacated AHU is first re-leased (the “Revised Adjustment Date”), Owner shall be entitled to increase the rent for such Vacated AHU to the maximum allowed under the rules and regulations of the CTCAC then in effect, and for that AHU the Adjustment Date shall be the first day of the calendar month immediately following the yearly anniversary of such Revised Adjustment Date and each yearly anniversary thereafter.
6. METHOD OF RENTAL
6.01 Classification. Any unit occupied by a Qualified Tenant as determined per Paragraph 7.01 shall be considered to have satisfied the occupancy requirements set forth above; therefore, must be subject to the affordable rent restrictions provided in this Agreement and shall continue t o satisfy such requirements if the tenant is recertified as a Qualified Tenant in accordance with Paragraph 7.02.
7. DETERMINATION OF TENANT ELIGIBILITY
7.01 Qualification. Owner shall be responsible for determining, in accordance with the provisions of Title 25, California Code of Regulations, Section 6914, as it may be amended, the income eligibility of a potential AHU renter household, as well as the age eligibility of all tenants. On the date a Very Low Income Unit is leased, the gross annual income of a “Very Low Income Household” occupying a very low income unit shall not exceed 50 percent of the Area Median Income limit adjusted for household size. Owner shall determine the age and income qualifications of a willing renter household by obtaining and reviewing required age identification and income records from each member of such renter household, including, but not limited to, the most recent federal income tax return of each member of said renter household and Driver’s License, or other documentation which verifies the person’s age. Additionally, Owner shall obtain written certification of the anticipated income of the renter household for the 12- month period following the date of determination of income.
OWNER SHALL PROVIDE TO THE CITY FOR PURPOSES OF
VERIFICATION A COPY OF THE RENTAL AGREEMENT AND THE
RENTER’S INCOME CERTIFICATION TOGETHER WITH THE
DOCUMENTS IN SUPPORT THEREOF PRIOR TO THE INITIAL
OCCUPANCY OF ALL AHUs.
Subsequent to said Initial Rental of all AHUs, Owner shall make available such documentation to the City upon request. Each AHU rented to a Very Low Income renter must be occupied by that household.
7.02 Tenant Recertification. Tenant Recertification shall mean the Owner’s annual verification of a Qualified Tenant’s income conducted in accordance with Paragraph
7.01. At least 60 days prior to each Adjustment Date, Owner 54 RES. NO. 2024-37
shall provide written notice to AHU occupants to complete an Affordable Housing Program Tenant Recertification, Exhibit “C” , and to provide supporting income verification documentation to the Owner prior to the Adjustment Date. All tenant recertifications will be conducted in accordance with Section 10337(b) of the CTCAC Regulations, as amended. Owner agrees to perform income recertifications if mandated by state or federal agencies having jurisdiction over the Project. In the event that the tenant fails to provide proof of income to Owner on or before the Adjustment Date, such tenant shall be deemed to have committed a material breach of the Lease Agreement and the Lease Agreement shall provide that such breach shall be cause for termination of tenancy. Owner shall not renew the tenant’s lease without such proof of income. Subject to the limitations of State and Federal law, no tenant residing in an AHU shall be denied continued occupancy, solely because their household income has increased such that it exceeds the limits for a Very Low-Income Household for Ventura County, adjusted for household size pursuant to Section 7.01.
Owner shall keep copies of all AHU Tenant Recertification forms on file and make them available to City upon request.
7.03 Change In Household Composition/Income. Owner shall be responsible for, in accordance with the provisions of the HUD Multifamily Occupancy Handbook 4350.3 Chapter 7, annual recertification, interim recertification (change in household composition), unit transfers, and gross rent changes.
8. OUTREACH PROGRAM
8.01 Outreach and Affordable/Affirmative Marketing Program. Owner shall submit for approval a detailed Outreach and Affordable/Affirmative Marketing Program, which shall include, but is not limited to, advertising, publicity, and promotion, to the Director of Environmental Services (the “Director”), not less than ninety (90) days prior to the projected completion of the project. The purpose of the Outreach and Affordable/A ffirmative Marketing Program shall be to solicit and obtain Very Low Income renters for occupancy of all AHUs, to establish a waiting list for units which may become available and to affirmatively further fair housing goals. Owner shall not commence any marketing of the AHUs that is not approved under the Outreach and Affordable/Affirmative Marketing program. The marketing program shall include all of the following:
(a) A print media schedule as shown on attached Exhibit “D” to be published in a newspaper of City-wide or regional circulation; (b) A broadcast media schedule, as shown on attached Exhibit “D” (Optional, at the discretion of the Director of Environmental Services or his/her designee);
(c) Noticing and listing the Project throughout the life of this Agreement with the Area Housing Authority of Ventura County, the Senior Center, City Hall, Simi Valley Public Library, and, as appropriate for market conditions, the Simi Valley-Moorpark Association of Realtors, 55 RES. NO. 2024-37
Simi Valley faith community, and such other similar agencies as the Director may designate;
(d) Notifying all persons on the Owner’s waiting list for affordable rental housing;
(e) Establishment of a telephone number for the Project with message capabilities to receive inquiries on vacant units, including the AHUs throughout the life of this Agreement;
(f) Continuous display of the fair housing logo in the rental office and in advertising;
(g) Budget to adequately fund the reasonably necessary expenses of the foregoing.
The Parties hereto agree that, with the exception of Subparagraphs 8.01 (c) (d), and (e) above, the other items listed above shall be implemented only when vacant units are or will soon be available for rental and when there is no one on the Owner’s waiting list for the AHUs.
8.02 Waiting List.
(a) Owner shall establish and maintain a waiting list of all qualified renters. The waiting list shall include the information requested in Exhibit “E”. Prospective tenant households shall be considered on a “first come first served basis”.
(b) Owner will not be obliged to rent an AHU to a potential renter on a waiting list unless such potential renter agrees to occupy such AHU no later than (a) forty -five (45) days after Owner notifies such potential renter that the AHU will be available for occupancy, or (b) thirty (30) days after such AHU is vacated by the prior tenant, whichever is later.
8.03 Initial Marketing Plan. The Outreach and Affordable/Affirmative Marketing Program shall be no less intensive in the City of Simi Valley as compared to any other region.
8.04 Awareness of the AHU Availability. Owner shall design the Outreach and Affordable/Affirmative Marketing Program to include provisions that create and build audience awareness of the availability of Affordable Housing Units and equal housing opportunity. In addition, all AHU advertising efforts shall incorporate the following copy in type face no smaller than the largest used in the advertisement:
This rental housing project has reserved Affordable Housing Units for rental by eligible senior households within a restricted income limit. For further information, please call:
____________________or write to: ______________________________
56 RES. NO. 2024-37
Any and all marketing efforts shall be subject to prior approval pursuant to Paragraph 8.01.
8.05 Failure to Implement an Outreach Program . If Owner fails to submit for approval and implement an Outreach and Affordable/Affirmative Marketing Program, City shall have the right to implement a marketing program, at Owner expense, for the purpose of soliciting Qualified Tenants for Owner’s AHUs.
9. NOTICES, DISCLOSURES, AND RECORDS
9.01 Notices. During the Restricted Rental Period, Owner shall provide the following notices to tenants at the inception of each AHU tenancy:
(a) Housing Information. Owner shall provide tenants and prospective tenants with information on fair housing regulations and the State and Federal agencies responsible for enforcing them.
(b) Adjustment Date. Owner shall inform each tenant, in writing at the time of occupancy of an AHU, the next Adjustment Date for that unit.
Owner shall be responsible for obtaining proof that these items were received by the tenants and shall keep such proof in the tenant files for inspection by City, if requested. This may be accomplished by having the tenants initial the lease that they have received the above information.
9.02 Expiration. Owner shall give two notices to tenants regarding the expiration of the Restricted Rental Period as follows: first notice to be provided not less than twelve (12) months nor more than thirteen (13) months prior to expiration of the Restricted Rental Period and the second notice to be provided not less than six (6) months nor more than seven (7) months prior to expiration of the Restricted Rental Period. Owner shall give written notice to all AHU tenants in the Project stating the date of expiration of the Restricted Rental Period and advising the tenants that upon expiration of the Restricted Rental Period: (i) the monthly rent charged for an AHU shall no longer be subject to the restrictions contained herein; and, (ii) the tenancies of tenants occupying an AHU may be terminated on thirty (30) days written notice unless such tenants accept any rental changes lawfully proposed by Owner. Any tenant moving into an AHU in the Project after any notice required under this Paragraph 9.02 has been given, shall be furnished a copy of such notice(s) upon execution of a rental agreement or upon occupancy of an AHU in the Project, whichever comes first
9.03 Right of First Refusal/Preservation Notices. During the term of this Agreement, there shall be no conversion to ownership interest of any AHU unit in the Project. One hundred and eighty (180) days before the expiration of the Restricted Rental Period of the last AHU hereunder, in addition to the rights set forth in California Government Code Section 66427.1, Owner shall provide each tenant with a ninety (90) day right of first refusal to purchase or lease/rent the unit occupied by such tenant should the Owner convert any AHU to an ownership interest. Each tenant shall also be offered a 5% 57 RES. NO. 2024-37
discount off the purchase price, if the units are converted to condominiums.
If tenant does not exercise this right, Owner shall provide the City with no less than a 90-day notice after the expiration of the aforementioned 90-day period in order to exercise the right to purchase the unit.
9.04 Subleasing Restricted. As part of every rental agreement, Owner shall provide a clause which, by its terms, shall prohibit the subject AHU tenant from assigning, subleasing or transferring any interest in the unit to another without obtaining the City’s prior written approval. No such approval will be granted for any sublease which provides for rent or tenant income in excess of that authorized herein or to a non-senior household.
9.05 City Notification. Owner shall make available to City, copies of all notices and housing information delivered under Paragraphs 9.01 through 9.04 within three (3) business days of demand by City. All notices required by Paragraphs 9.01 through 9.04 must be set forth in bold-faced or capitalized letter, in a type face of at least 12 points, and shall be separately initialed by the tenants.
9.06 Notice of Non -Compliance. Upon City determination of a material breach by Owner of the terms of this Agreement, City shall within ten (10) working days after becoming aware of such material breach, provide written notice of the same to Owner in accordance with Paragraph 15.13 herein, describing the nature of said breach, and Owner shall have a reasonable period of time to cure such material breach prior to Owner being in default hereunder.
9.07 Records. Owner shall maintain complete, accurate, and current records pertaining to the Project, and shall permit any duly authorized representative of the City to inspect records, including records pertaining to income, age, and household size of residents. All Resident lists, applications, and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Owner and shall be maintained as required by the City, using record
-kee
ping forms provided
by the City (Exhibits “B” through “F”), or on forms acceptable to the City, in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. The Owner shall retain copies of all materials obtained or produced with respect to occupancy of the AHUs from application to move-out and for a period of five (5) years thereof.
10. CONDITION AND MAINTENANCE OF UNITS/PROJECT
10.01 Project Architecture. All units in the Project shall have the same architectural, exterior, and interior treatments, with the exception of the units to be occupied by the Managers.
10.02 Project Maintenance. Owner shall ensure that sufficient revenues are reserved and expended for maintenance of the Project as required by all applicable laws, and so as to maintain all areas of the Project in a well-kept condition order and repair safe, attractive and continuously functional in accordance with all state and local codes and regulations. Owner further 58 RES. NO. 2024-37
agrees that such maintenance shall be performed in a workmanlike manner on a regular basis and/or as needed and at times which will minimize inconvenience to tenants.
10.03 Property Tax. Owner shall not apply for nor shall the Project obtain any ad valorem property tax exemption for the Project other than the exemptions granted pursuant to Sections 214(f) or (g) of the Revenue and Taxation Code.
11. COMPLIANCE VERIFICATION; REPORTING AND AUDIT REQUIREMENTS
11.01 Tenant Verification. Based on information supplied by Owner, the following criteria shall be used to verify compliance with the rental and income and age restrictions imposed by this Agreement and to determine the unavailability of Very Low Income senior tenants.
(a) Owner’s compliance, in good faith, with the requirements of an approved Outreach Program under Paragraph 8.01;
(b) Maintenance of an up-to-date waiting list of qualified tenants;
(c) Owner has notified every person on the waiting and referral lists in the Outreach Program and in the Project;
(d) All prospective tenants responding to the Outreach Program and on the waiting list have failed to qualify pursuant to Paragraph 7.01;
(e) There have been no violations by Owner of the terms of this Agreement or of the conditions of PD -S-883 within the last 12 months.
Fulfillment of the above criteria shall be verified through all applicable documentation requested under this Agreement.
11.02 Status Reports. Beginning on the first anniversary of the Initial Rent Date for the first AHU rented in the Project, and continuing on each such annual anniversary thereafter during the Restricted Rental Period, Owner shall submit the following written reports to the Director:
(a) a copy of the waiting list (Exhibit “E”);
(b) a Unit Summary Report of all Affordable Housing Units (Exhibit “F”).
11.03 Audit. Owner shall permit the City, with reasonable notice and during normal business hours, to inspect the Project Site to verify Owner’s compliance with this Agreement. Owner shall make available to the City, during normal business hours such records as the City may reasonably request to verify such compliance. Should Owner fail to submit timely reports as required by Paragraph
11.02 above, City may cause an audit to
be conducted at the sole expense of Owner, in addition to any other available legal remedies. Owner shall cooperate with any such audit and 59 RES. NO. 2024-37
further agrees to make available to the City all documents relative to rental of the AHUs to verify compliance with the terms of this Agreement.
12. ENFORCEMENT AND DAMAGES PROVISIONS
12.01 Enforcement. City has the authority to enforce all the provisions of this Agreement, including the Covenants and conditions contained herein. City may take any enforcement action permitted by law, including but not limited to, a civil action for specific performance of the restrictions and terms of this Agreement, damages for breach of contract, restitution and injunctive relief.
The remedies provided herein are cumulative and not exclusive and shall not preclude City from seeking any other remedy to which it otherwise would be entitled under law or equity, as set forth in Section
15.10. 12.02 Damages. If at any time during the Restricted Rental Period an AHU is rented at more than the Restricted Rental Rate, as calculated according to Paragraphs 5.01, 5.04, and 5.05 hereof, the Owner shall make a cash payment to the affected tenant in an amount equal to the dollar difference between the rent at which the unit is actually rented, and the Restricted Rental Rate for each month for which rent in excess of that authorized herein was charged. Said cash payment shall be made within 30 days of a written notice from the City that the Restricted Rental Rate has been exceeded. In the event that the tenant cannot be located, prior to December 31 st of each calendar year, Owner shall deposit the required cash payment into the Affordable Housing Fund. The Parties hereto each agree that it is the intent of this Agreement to provide affordable housing rents and housing exclusively to Very Low Income senior households. The provision of affordable rental housing to Very Low Income senior households is the Owner's consideration for the City grant. If any AHUs are rented in excess of the Restricted Rental Rate, or to non-qualifying households, the intent of this Agreement will be thwarted, even if the dollar difference is paid to the affected tenant or the City's Affordable Housing Fund, and will therefore constitute a failure of consideration on the Owner 's part. Therefore, in any calendar month in which any of the AHUs are rented in any manner contrary to the terms of this Agreement, Owner shall pay to the City, an additional 50% of the positive dollar difference between the rent actually charged and the Restricted Rental Rate. Notwithstanding the above, the damages provision for renting the AH Us contrary to the terms of this Agreement shall not apply if the City determines, in its sole discretion, that there were no qualified tenants available on each of the days of non-compliance. City may use the verification provisions provided for in Paragraph 11.01 hereof, as well as any other source of information is deems appropriate, for determining the merits of Owner's claim for any such non- compliance and any such qualified tenant availability. City agrees that it will act reasonably and in good faith at all times with respect to such determination.
60 RES. NO. 2024-37
13. SUCCESSORS AND ASSIGNS
13.01 Successors and Assigns. The parties hereto each agree that the obligations and duties contained herein shall be binding upon the City and Owner, and their respective successors and assigns. Owner and its successors shall not assign its rights or delegate its duties or obligations, or sell, transfer, convey, encumber, assign or lease any of the AHUs (other than for individual tenant use as contemplated hereunder). City and its successors and assigns are deemed the beneficiary of the covenants contained herein, without regard to technical classification and designation.
The covenants shall run in favor of City, its successors and assigns without regard to whether City has been, remains, or is an owner of any land or interest thereon. Owner shall not assign its rights or delegate its duties or obligations contained herein without the written consent of the City which shall not unreasonably be withheld. Owner shall provide at least thirty (30) days’ written notice to City before any proposed transfer to a successor or assign. The assignee or successor shall agree in writing to assume on behalf of itself and its successors and assigns, all the duties and obligations of the Owner under this Agreement, and any purported assignment will not be valid without such a written agreement.
13.02 Rights of Mortgage Holders. The provisions of this Agreement do not limit the right of the holder of any mortgage, deed of trust or other lien or encumbrance (collectively “Mortgage Holders”) to exercise any of its remedies for the enforcement of any pledge or lien upon the Property, provided however, that the obligations under this Agreement shall survive the exercise of such right through the remainder of the term of this Agreement pursuant to Section
3.01. 14. RECORDATION OF AGREEMENT
14.01 Recording Agreement. This Agreement shall be recorded promptly following the approval and execution thereof. Owner shall also record, separate from this Agreement the Declar ation of Conditions and Restrictions on the Transfer of Title or Interest in Real Property document in the form of Exhibit “G” , stating that the conditions and obligations to which the subject Project is bound shall run with the land.
15. GENERAL PROVISIONS
15.01 Indemnity and Hold Harmless. Owner shall defend and provide legal defense with attorney(s) acceptable to the City, indemnify, and hold harmless the City, their agents, officials, officers, representatives and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of Owner, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this Agreement. Owner shall thoroughly investigate any and all claims and indemnify the City and do whatever is commercially necessary to protect the City, its agents, officials, officers, representatives and employees as to any such claims, lawsuits, liabilities, expenses, or 61 RES. NO. 2024-37
damages arising out of this Agreement. Further, Owner shall not bring any claims, cross- claims, actions or cross- complaints against the City, its agents, employees or representatives, arising out of any disputes between Owner and third parties as to the City approvals or the issuance of building permits for this Project.
15.02 Time is of the Essence. The Parties hereto agree that time is of the essence in the performance of this Agreement. No waiver by any of the Parties to this Agreement or the non-performance or any breach of any term, provision or condition of this Agreement or any default hereunder shall be considered to be or operate as a waiver of any subsequent non- performance, breach or default.
15.03 Extension of Time Good Cause. The City may, in its sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. “Good cause” shall include, but shall not be limited to, acts of God, labor strikes, war, riots, pandemics, etc., as shall be determined the City in its sole discretion.
15.04 Modifications. The Parties hereto each agree that no addition to or modification or waiver of any term or provision of this Agreement shall be effective unless set forth in writing, in the same manner and form as originally adopted and signed by both the City and Owner except that the City reserves the right to make minor amendments to this Agreement, which may become necessary due to changes in governmental regulations or other requirements affecting the parties involved in the arrangement of project financing so long as such amendments do not materially or substantially modify the terms contained in this Agreement and do not add to the costs to be incurred by the City. The parties hereto further agree that oral agreements or understandings shall be of no force or effect whatsoever.
15.05 Not for the Benefit of Third Parties . This Agreement does not create any enforceable right, cause of action, or claim in any third party. The Owner, the City or their successors in interest shall be the sole parties who shall have standing to enforce the terms or obligations or to bring suit for damages arising out of a breach of this Agreement.
15.06 Not a Partnership or Joint Venture. This Agreement does not create a partnership or joint venture.
62 RES. NO. 2024-37
15.07 Subordination. City agrees to subordinate this Agreement to all of the permanent and the developers’ financing against the project subject to the following:
a. Any subordination agreement meets the requirements of Health and Safety Code Section 33334.14;
b. The subordination agreement is reasonably acceptable to the City;
c. The subordination agreement does not conflict with any of the terms contained in this Agreement or with the Conditions of Approval of the Project;
d. The lenders agree to provide the City with notification of any delinquency no less than 45 days from the delinquency date; e. The lenders agree to provide the City with the same
notification provided to the borrower of any loan default; and f. The developer and the lenders agree to grant the City a first right of refusal, regarding the Project in the event the property is foreclosed.
15.08 Non-Discrimination. All of the Units shall be available for occupancy on a continuous basis to members of the general public. Owner shall not give preference to any particular class or group of persons in renting the Units, except to the extent that sixty-seven (67) units are required to be leased to Qualified Tenants.
Owner 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 Project nor shall Owner itself, or any person claiming under or through it 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 the Project. The foregoing covenants shall run with the land.
Owner shall accept as tenants on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor. Owner shall not apply selection criteria to Section 8 certificate holders that are more burdensome than criteria applied to any other prospective tenants.
63 RES. NO. 2024-37
All leases or contracts made relative to the Project, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination clause:
“There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed religion, sex, sexual orientation, source of income, marital status, physical or mental handicap, medical condition, national origin or ancestry in the sale, lease, sublease transfer, use occupancy, tenure or enjoyment of the Project nor shall lessee [or the contractor] or any person claimi ng under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the election location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Project.”
15.09 Violation of Conditions of Approval. Any violation of the conditions of any of the Project Approvals will also constitute a violation of this Agreement and shall be enforceable as a breach hereof, as well as any other remedies.
15.10 Default. If Owner defaults in the performance or observation of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of sixty (60) days after written notice thereof shall have been given by the City to Owner, then the City may declare an “Event of Default” to have occurred hereunder, and, at its option, may take any one or more of the following steps:
(a) By mandamus or other suit, action or proceeding at law or in equity, require the Owner to perform its obligations and covenants hereunder or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder;
(b) Have access to and inspect, examine and make copies of all of the books and records of the Owner pertaining to the sixty -seven (67) AHUs;
(c) Take such other action at law or in equity a may appear necessary or desirable to enforce the obligations, covenants and agreements of the Owner.
15.11 Severability. The Parties hereto each agree that should any portion of this Agreement be held invalid or unenforceable for any reason, such determination shall not affect the validity of the remaining portions of this Agreement.
15.12 Covenants to Run with the Land. Owner hereby subjects the Project (including the Project Site) to the covenants, reservations and restrictions set forth in this Agreement. The City and Owner hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors i n title to the Project; provided, 64 RES. NO. 2024-37
however, that on the termination of this Agreement, said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held to have been executed delivered and accepted subject to such covenants, reservations and restrictions regardless of whether such covenants, reservations and restrictions are set forth in such contract deed or other instrument. Owner, by and for itself and each successor to any interest in the Project, hereby specifically acknowledges and agrees to be bound by the covenants contained herein.
15.13 Notices. The parties hereto each agree that all notices or other communications required or permitted hereunder shall be in writing, shall be either personally delivered or sent by United States certified mail or registered mail, return receipt requested, and shall be deemed received seventy-two (72) hours after deposited in the mail in the Counties of Ventura, Orange or Los Angeles, postage pre- paid, addressed to the persons to receive such notice, at the following address:
To City: City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
To Owner: Harmony Simi Valley AR, L.P.,
c/o Standard Communities
Attn: Keith Dragoon
1901 Avenue of the Stars, Suite 395
Los Angeles, CA 90067
Or to the owner of record or successor in title to the subject Project.
Notice of change of address is required and shall be given by written notice in the manner detailed in this Paragraph. Notices required under this Agreement to a Qualified Tenant of an AHU shall be deemed adequately given if transmitted in like fashion to the street address and apartment number of such a Qualified Tenant.
15.14 Attorney’s Fees. The parties hereto each agree that if any party hereto institutes any legal proceedings to enforce any provision of this Agreement or for damages by reason of any alleged breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of suit, including such amount as the court may award a reasonable attorney’s fees for services rendered to the prevailing party in such proceeding. The parties hereto further agree that partial granting of the prayed for relief shall be sufficient to constitute “prevailing” in any such action.
65 RES. NO. 2024-37
15.15 Headings. The Parties hereto each agree that the paragraph headings herein are used only for the purpose of convenience and shall not be deemed to modify, explain or limit the subject of the paragraphs of this Agreement to be considered in their construction.
15.16 Incorporation of Recitals and Exhibits. Recitals A through G are incorporated herein by this reference and Exhibits “A” through “G” are attached and incorporated herein by this reference.
15.17 Compliance with Applicable Laws. Owner and City shall obey all Federal, State, local and special district laws, ordinances and regulations.
15.18 Entire Agreement . This Agreement, together with its attachments and writings expressly incorporated herein, constitutes the full and total understanding between the Parties hereto, construed according to the laws of the State of California, and supersedes all prior agreements between the Parties hereto.
15.19 Execution In Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered to City, will be deemed to be an original and all of which, taken together, will be deemed to be one and the same instrument.
66 RES. NO. 2024-37
IN WITNESS THEREOF, the Parties hereto have executed this instrument as of the date first above written.
Attest:
Lucy Blanco, City Clerk
City of Simi Valley, a municipal
corporation
Fred D. Thomas, Mayor of the City of
Simi Valley, California
Approved as to Form:
Algeria R. Ford, City Attorney
Approved as to Content:
Samantha C. Argabrite, City Manager
Stratis Perros, Environmental Services
Director
67 RES. NO. 2024-37
HARMONY SIMI VALLEY AR, L.P.,
a California limited partnership
By: FFAH II Harmony Terrace, LLC,
a California limited liability company,
its Managing General Partner
By: Foundation for Affordable Housing II, Inc.,
a California nonprofit public benefit
corporation, its sole member
By:
Tarun Chandran, Vice President
By: Standard Harmony Simi Valley AGP LLC,
a Delaware limited liability company,
its Administrative General Partner
By: Standard HC YF SPE Manager LLC,
a Delaware limited liability company,
its Manager
By:
Brad Martinson, Authorized Signatory
68 RES. NO. 2024-37
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, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on 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 (Seal)
69 RES. NO. 2024-37
Exhibits List
Exhibit A: Legal Description
Exhibit B: Affordable Housing Program Tenant Certification Exhibit C: Affordable Housing Program Tenant Recertification Exhibit D: Affordable Housing Program Outreach Plan / Print Media Schedule Exhibit E: Affordable Housing Agreement Waiting List
Exhibit F: Affordable Housing Program Unit Summary Report Exhibit G: Declaration of Conditions and Restrictions
70 RES. NO. 2024-37
EXHIBIT “A”
LEGAL DESCRIPTION
APN: 635-0-220-025
Lot 76 of Tract No. 5124, in the City of Simi Valley, County of Ventura, State of California, as per map recorded in Book 139, pages 62 through 73 inclusive of Maps, in the office of the County Recorder of said County.
71 RES. NO. 2024-37
EXHIBIT “B”
CITY OF SIMI VALLEY
AFFORDABLE HOUSING PROGRAM TENANT CERTIFICATION
HARMONY TERRACE APARTMENTS, SIMI VALLEY
Manager:
Name: Date:
Address: Phone:
Number of persons in household:
List all persons who reside in unit:
Name
Social Security Number
Age*
*Information on age only required for age restricted projects.
Total Household Income:
1) Previous Year Annual Gross Income (Attach Verification)
Name
Source
Amount
Total Gross Monthly Income:
72 RES. NO. 2024-37
2) Current Monthly Gross Income (Attach Verification)
Name
Source
Amount
Total Gross Monthly Income:
The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley Affordable Housing Program. This information is confidential and, except as may be required by the City of Simi Valley or Owner, any use of this information is strictly prohibited without written consent of the applicant. Acknowledgment of this paragraph does not constitute written permission.
I/We certify that the foregoing is complete, true, and accurate to the best of my /our knowledge and is verifiable by the most recent federal tax return and other income documentation provided herewith. I/We are aware that any misrepresentation in this application will constitute a material breach of my/our agreement with the Owner to rent or lease the unit, and will entitle the Owner to prevent or terminate my/our occupancy of the unit.
Signed: Date:
Signed:
Date:
FOR CITY OFFICE USE ONLY
Anticipated Income
Next 12 Months: Household Size:
Income Level: Very Low (50%) Comments: ____________________________
Approved for Affordable Unit Reviewed by:
Not Approved Date:
73 RES. NO. 2024-37
EXHIBIT “C”
CITY OF SIMI VALLEY
AFFORDABLE HOUSING PROGRAM TENANT RECERTIFICATION
HARMONY TERRACE APARTMENTS, SIMI VALLEY
Manager:
Name: Date:
Address: Phone:
Number of persons in household:
List all persons who reside in unit:
Name
Social Security Number
Age*
*Information on age only required for senior-oriented projects.
Total Household Income:
1) Current Monthly Gross Income (Attach Verification)
Name
Source
Amount
Total Gross Monthly Income:
74 RES. NO. 2024-37
The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley Affordable Housing Program. This information is confidential and, except as may be required by the City of Simi Valley or Owner, any use of this information is strictly prohibited without written consent of the applicant. Acknowledgment of this paragraph does not constitute written permission.
I/We certify that the foregoing is complete, true, and accurate to the best of my/our knowledge and is verifiable by the most recent federal tax return and other income documentation provided herewith. I/We are aware that any misrepresentation in this application will constitute a material breach of my/our agreement with the Owner to rent or lease the unit, and will entitle the Owner to prevent or terminate my/our occupancy of the unit.
Signed: Date:
Signed:
Date:
FOR CITY OFFICE USE ONLY
Anticipated Income
Next 12 Months: Household Size:
Income Level:
Very Low (50%) Comments: ____________________________
Approved for Affordable Unit Reviewed by:
Not Approved Date:
75 RES. NO. 2024-37
EXHIBIT “D”
CITY OF SIMI VALLEY
AFFORDABLE HOUSING AGREEMENT OUTREACH PLAN / PRINT MEDIA SCHEDULE
HARMONY TERRACE APARTMENTS, SIMI VALLEY
PUBLICATION NAME AND CITY
DATES APPEARING
SIZE OF ADVERTISEMENT
FROM
TO
_________________________________________________________________________________________________
OFFICE USE ONLY
ATTACHMENTS: __________ Certification of Publication
__________ Sample Copy of Text
76 RES. NO. 2024-37
EXHIBIT “E”
CITY OF SIMI VALLEY
AFFORDABLE HOUSING AGREEMENT WAITING LIST
HARMONY TERRACE APARTMENTS, SIMI VALLEY
PROJECT: DATE SUBMITTED:
MANAGER:
DATE NAME ADDRESS PHONE
# OF
BEDROOMS
PREFER
HOUSE-
HOLD SIZE
VERY
LOW DATE PLACED IN UNIT
77 RES. NO. 2024-37
EXHIBIT “F”
CITY OF SIMI VALLEY
AFFORDABLE HOUSING AGREEMENT
UNIT SUMMARY REPORT OF ALL AFFORDABLE HOUSING UNITS
HARMONY TERRACE APARTMENTS, SIMI VALLEY
PROJECT: DATE SUBMITTED:
MANAGER:
UNIT
#
RESIDENT
NAME
DATE
MOVED
INTO
UNIT
MOVE
IN
RENT
RENT
ADJUST.
DATE
RENT
ADJUST.
AMOUNT
CURRENT
RENT
TOTAL
HOUSE-
HOLD
INCOME
# IN
HOUSE-
HOLD
#
BDRMS
VERY
LOW
78 RES. NO. 2024-37
EXHIBIT “G”
DECLARATION OF CONDITIONS AND RESTRICTIONS
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF SIMI VALLEY
Attn: City Clerk
2929 Tapo Canyon Road
Simi Valley, CA 93063
SPACE ABOVE FOR RECORDER’S USE ONLY
The Undersigned declares that this document is
recorded for the benefit of the City of Simi Valley and therefore is exempt from the payment of a recording
fee pursuant to Government Code Section 6103 and
27383.
APN: 635-0-220-025
______________________________________________________________________
DECLARATION OF CONDITIONS AND RESTRICTIONS
ON THE TRANSFER OF TITLE OR INTEREST IN REAL PROPERTY
HARMONY TERRACE APARTMENTS
(HARMONY SIMI VALLEY AR, L.P.)
This Declaration of Conditions and Restriction on the Transfer of Title or Interest in Real Property amends and restates and supersedes in its entirety that certain Declaration of Conditions and Restriction on the Transfer of Title or Interest in Real Property (Simi Valley Housing Investors, LP) which was recorded with the Ventura County Clerk and Recorder on November 29, 2016 as Instrument No. 20161129-00176888-0.
The land referred to is situated in the City of Simi Valley, County of Ventura, State of California, and more particularly described in Exhibit A attached hereto and incorporated herein.
Notice is hereby given that the Project and Project Site described herein is conditioned and the transfer of title and/or interest restricted by the City of Simi Valley (City) as set forth in that document entitled Affordable Housing Agreement (AHA -2024-0004) (the “Agreement”), recorded in the Official Records of the Office of the County Recorder, County of Ventura, State of California, which is hereby incorporated by reference herein.
Said restrictions expressly prohibit the transfer of title, assignment of rights, or delegation of duties without the express written consent of the City. Said consent shall be conditioned upon the City’s receipt of written evidence from the Buyer/Transferee at least 79 RES. NO. 2024-37
30 days prior to said consent that he/she has been fully informed of the terms of the Agreement and the benefits/burdens conferred therein and agrees to assume all of the duties and obligations, as well as the rights and benefits that the existing Owner/Seller enjoys under the terms of the Agreement.
Said restrictions further require the following:
1. The Owner/Seller shall give at least fifteen (15) days’ notice to City before any proposed transfer to a successor or assign. The assignee or successor shall agree in writing to assume on behalf of itself and its successors and assigns, all the duties and obligations of the Owner under this Agreement, and any purported assignment will not be valid without such a written agreement. Said notice shall be personally delivered or sent by certified mail, return receipt requested, to:
City of Simi Valley
Attn: Environmental Services Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
2. The title company shall immediate notify the City of any attempt to sell or transfer the herein described Project. The Notice shall be personally delivered or sent by certified mail, return receipt requested to the address noted above.
3. The escrow com pany shall immediately notify the City of any attempt to sell or transfer the herein described Project. The notice shall be personally delivered or sent by certified mail, return receipt requested to the address noted above.
As a condition precedent to the opening of escrow, the Owner, designated agent(s) of the Owner, and the escrow officer each have an affirmative duty to fully disclose the terms of the Agreement to each Buyer. Escrow may open only upon receipt of the Buyer’s signed and dated statement acknowledging receipt of a copy of the Agreement.
ANY ATTEMPT TO TRANSFER TITLE OR ANY INTEREST IN THE PROJECT DURING
THE TERM OF THE AGREEMENT IN VIOLATION OF SAID AGREEMENT AND THIS
DECLARATION, SHALL CAUSE SAID TRANSFER TO BE VOIDABLE AT THE ELECTION OF THE CITY.
80 RES. NO. 2024-37
IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the day and year first above written. This AGREEMENT may be executed in counterparts, each of which shall be an original and all of which together constitute one and the same AGREEMENT.
CITY:
City of Simi Valley
A Municipal Corporation
Company
Samantha C. Argabrite, City Manager
Dated:
OWNER:
HARMONY SIMI VALLEY AR, L.P.,
a California limited partnership
By: FFAH II Harmony Terrace, LLC,
a California limited liability company,
its Managing General Partner
By: Foundation for Affordable Housing II, Inc.,
a California nonprofit public benefit
corporation, its sole member
By:
Tarun Chandran, Vice President
By: Standard Harmony Simi Valley AGP LLC,
a Delaware limited liability company,
its Administrative General Partner
By: Standard HC YF SPE Manager LLC,
a Delaware limited liability company,
its Manager
By:
Brad Martinson, Authorized Signatory
81 RES. NO. 2024-37
RECORDED AT REQUEST OF
City of Simi Valley
City Clerk's Office
WHEN RECORDED, MAIL TO:
CITY OF SIMI VALLEY
CITY CLERK'S OFFICE
2929 TAPO CANYON ROAD
SIMI VALLEY, CA 93063
II I I II I I IIII I I I I I I II I I I I I llll 11111111111111111 20150403-00049443-0 1/37
Ventura County Clerk and Recorder
MARK A. LUNN
04/03/2015 11 :00:28 AM
925247 $.00 JO
(FOR RECORDER'S USE ONLY)
NO FEE REQUIRED
Pursuant to Government Code Sections 6103 & 27383
Recorded for the Benefit of the City of Simi Valley
RESOLUTION NO. 2015-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY
APPROVING AN AMENDED AND RESTATED AFFORDABLE HOUSING
AGREEMENT FOR THE HARMONY TERRACE SENIOR APARTMENT COMPLEX (SIMI VALLEY HOUSING INVESTORS, LP)
APN 635-0-220-025
ATTACHMENT A
82 RESOLUTION NO. 2015-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING AN AMENDED AND
RESTATED AFFORDABLE HOUSING AGREEMENT FOR
THE HARMONY TERRACE SENIOR APARTMENT
COMPLEX (SIMI VALLEY HOUSING INVESTORS, LP)
WHEREAS; the applicant, Simi Valley Housing Investors, LP ("Developer"), has requested that the City Council approve an Amended and Restated Affordable Housing Agreement/Rental, Simi Valley Housing Investors, LP (the "Affordable Housing Agreement"), which will increase revenue for the project and extend the term of affordability by an additional 10 years until March 23, 2065; and WHEREAS, occupancy of the 136-unit Harmony Terrace apartment complex located at 941 Sunset Garden Lane, Simi Valley (the "Property") is limited to very low-income senior households; and
WHEREAS, the Developer previously received a 63-unit density bonus and a $9,700 grant from the City, to provide assistance for the Development; and WHEREAS, the City Council finds and determines that approval of the Affordable Housing Agreement will continue to provide housing for very low-income seniors and is therefore in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI
VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. TJ,e City Council finds and determines that the Affordable Housing Agreement (Exhibit1), attached hereto and incorporated herein by reference, is consistent with the goals and provisions of the General Plan.
SECTION 2. The City Council finds and determines that the project is exempt from the requirements of the California Environmental Quality· Act.
SECTION 3. The City Council hereby approves the Amended and Restated Affordable Housing Agreement/Rental Simi Valley Housing Investors, LP.
H 31 / 10-14 (lg)
83 RES. NO. 2015-14
SECTION 4. The City Council and the officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the Affordable Housing Agreement, and to administer the transaction following the execution of the Affordable Housing Agreement, and otherwise to effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed.
. . SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 23rd day of March 2015.
Attest:
Ky Sp~en8p~ City of
Simi Valley, California
Approved as to Form:
Id ridge, City Attorney
Peter Lyons, irector
Department of Environmental Services
H 31 / 10-14 (lg) 2
84 RES. NO. 2015-14
I, Deputy Director/City Clerk of the City of Simi Valley, California, do hereby certify that the foregoing Resolution No. 2015-14 was regularly introduced and adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 23rd day of March 2015, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
Council Members Mashburn, Judge, Becerra, Mayor Pro Tern Sojka, and Mayor Huber
None
None
ABSTAINED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, this 25th day of March 2015.
KySngler
Deputy Director/City Clerk
3 85
REQUESTED BY AND WHEN
RECORDED MAIL TO:
CITY OF SIMI VALLEY
Dept. of Environmental Services
Housing Division
2929 Tape Canyon Road
Simi Valley, CA 93063
SPACE ABOVE FOR RECORDER'S USE ONLY
RES. NO. 2015-14
EXHIBIT 1
This document is recorded for the benefit of the City of Simi Valley and therefore is exempt from the payment
of a recording fee pursuant to Government Code
Section 6103 and 27383.
APN 635-0-220-025
CITY OF SIMI VALLEY
AMENDED AND RESTATED AFFORDABLE HOUSING
AGREEMENT/RENTAL
SIMI VALLEY HOUSING INVESTORS, L P
The land referred to in this Affordable Housing Agreement/Rental is situated in the City of Simi Valley, County of Ventura, State of California on a certain 5.45 acre parcel of land located on Sunset Garden Lane, north of Madera Road, more particularly described as:
Lot 76 of Tract No. 5124, in the City of Simi Valley, County of Ventura, State of California, as per map recorded in Book 139, pages 62 through 73 inclusive of Maps, in the office of the County Recorder of said County.
These Restrictions provide rights to the City of Simi Valley in regulating the sale and transfer of the subject 136-unit senior apartment project for a period of sixty-five (65) years from the issuance of a Certificate of Occupancy.
H 32 / 10-14 (lg) 4
86 RES. NO. 2015-14
AMENDED AND RESTATED AFFORDABLE HOUSING
AGREEMENT/RENTAL
SIMI VALLEY HOUSING INVESTORS, LP
THIS AMENDED AND RESTATED AFFORDABLE HOUSING
AGREEMENT ("Agreement") is entered into on March 23, 2015, among the City of Simi Valley, California, a municipal corporation, hereinafter referred to as "City", and Simi Valley Housing Investors, L P, hereinafter referred to as "Developer." The City and Developer are sometimes referred to as the Parties.
WIT N ES S ETH:
RECITALS
A. The Project Site consists of an approximate 5.45 acre parcel, Lot 76 of Tentative Tract No. 5124, located in the City of Simi Valley, County of Ventura, State of California, as described in Exhibit A (the "Project Site").
B. The Developer previously submitted applications to the City, GPA-42, Z-S-511, TT5124, & PD-S-883, (the "Project Approvals") requesting approval to develop a 136-unit senior apartment project containing 67 affordable units (the "Project") on the Project Site.
C.
the Project Site.
The Developer received approval of a density bonus of 63 units on D. The former Simi Valley Community Development (Agency) provided the Developer a $6,700 grant from the Agency Affordable Housing Incentives Account to provide financial assistance in the payment of certain City plan check and permit fees required for the development of the proposed Project.
E. This Agreement rescinds the City of Simi Valley Affordable Housing Agreement/Rental, Simi Valley Housing Investors, LP. (the 1998 Agreement) dated June 15, 1998, recorded on June 22, 1998, as document number 98-101018, and the First Amendment to City of Simi Valley Affordable Housing Agreement/Rental, Simi Valley Housing Investors, LP. (the 1999 First Amendment), approved on March 15, 1999 and recorded on April 1, 1999, as document number 99-064046. The 1998 Agreement and 1999 First Amendment were entered into by and among the City, Agency, and Simi Valley Housing Investors, LP., and resulted in Project Approvals GPA-42, Z-S-511, TT5124 & PD-S-883, requiring the construction of a 136-unit senior apartment project with 67 units reserved as affordable. This Agreement pertains to the 67 affordable units in the Project and shall supersede all provisions related thereto in the 1998 Agreement and the 1999 First Amendment.
H 32 / 10-14 (lg) 5
87 RES. NO. 2015-14
NOW THEREFORE, in consideration of the mutual promises, obligations, and covenants herein contained, the City and Developer agree as follows:
DEFINITIONS
1.01 "Adjustment Date" shall have the meaning set forth in Paragraph 6.03 of this Agreement.
1.02 "Agency" shall mean the former Simi Valley Community Development Agency.
1.03 "AHU" or "Affordable Housing Unit" means each of the sixty-seven (67) units within the Project, which shall be reserved for rental to qualified senior households in accordance with the terms of this Agreement.
1.04 "Area Median Income (AMI)" means the annual median income, adjusted according to household size, for the Oxnard - Ventura Statistical Area in the County of Ventura, as most recently published and updated by the United States Department of Housing and Urban Development ("HUD"), and as set forth in Title 25, California Code of Regulations Section 6952, issued by the California Department of Housing and Community Development, or any other comparable source deemed appropriate by the City.
1.05 "Certificate of Occupancy" shall mean the Certificate of Occupancy or equivalent issued by the Building Official of the City of Simi Valley, which indicates that occupancy of the Project has been authorized.
1.06 "City" shall have the meaning set forth in the Recitals herein.
1.07 "Developer" shall have the meaning set forth in the Recitals herein.
1.08 "Director" shall mean the Director of the Department of Environmental Services of the City of Simi Valley.
1.09 "Project Approvals" shall have the meaning set forth in the Recitals herein.
1.10 "HUD" means the U.S. Department of Housing and Urban Development or any successor agency.
1.11 "Income Limit Schedule" means the Schedule of Income Limits most recently published and updated by the United States Department of Housing and Urban Development ("HUD"), and as set forth in Title 25, California Code of Regulations Section 6952, issued by the California Department of Housing and Community Development.
1.12 "Initial Rent" shall have the meaning set forth in Paragraph 6.01 of this Agreement.
H 32 / 10-14 (lg) 6
88 RES. NO. 2015-14
1.13 "Initial Rent Date" means, the date upon which an AHU is first rented for occupancy by a qualified senior household.
1.14 "Initial Tenant Costs" shall mean all deposits and fees, exdusive of the· first month's rent charged to a Qualified Tenant or Qualified Renter prior to occupying an AHU.
1.15 "Project" shall mean the 136~unit senior apartment complex to be developed on the 5.45-acre site described in Exhibit A, including approvals, conditions of approval, construction and all related improvements located on the Project Site.
1.16 "Project Site" shall have the meaning set forth in the Recitals herein.
1.17 "Qualified Tenant" or "Qualified Renter" means a tenant or rental applicant who meets the income and age criteria herein for eligibility for a Very Low Income Unit.
1.18 "Restricted Rental Period" shall have the meaning set forth in Paragraph 3.02 of this Agreement.
· 1.19 "Restricted Rental Rate" means a rental payment regulated by the terms of this Agreement.
1.20 "Section 8 Program" or "HUD Section 8 Program" or "HUD Section 8 Certificate or Voucher Program" means the presently existing HUD Section 8 rental subsidy program, or any other similar local, regional, State or Federal program of rental subsidy that in the future either supplements or replaces the current programs.
1.21 "Senior" refers to a person 62 years of age or older.
1.22 "Senior Household" means a household in which at least one member is 62 years old or older and is a principal tenant in the unit.
1.23 "Tenant Recertification" shall have the meaning set forth in Paragraph 8.02 hereof.
1.24 "Very Low Income shall have the meaning set forth in Paragraph 8.01 of this Agreement.
1.25 "Very Low Income Unit" means each of the 67 AHUs rented at the Very Low Income Initial Rent or Adjusted Rent calculated per Paragraph 6.01 or Paragraph
6.03, or Paragraph 6.04 as applicable, and occupied by an eligible Very Low Income household as determined in accordance with Paragraph 8.01.
H 32 / 10-14 (lg) 7
89 DESIGNATION OF AFFORDABLE HOUSING UNITS;
CITY INCENTIVES
RES. NO. 2015-14
2.01 Designation of Affordable Housing Units. City and Developer agree that the provisions which require that 136 units be occupied exclusively by senior households, that 67 units are to be occupied by Qualified Renters, and that the provision of Section 17.01, the Indemnity, Defend and Hold Harmless section, are the primary considerations provided for by Developer to cause the City to enter into this Agreement. The parties hereto agree that any failure to rent any of the 136 units to senior households, failure to rent any of the 67 AH Us to Qualified Renters, or any failure to comply with the Indemnity, Defend and Hold Harmless section of this Agreement shall constitute a material breach of this Agreement.
2.02 Agency Housing Incentive Account Grant. The Agency provided the Developer with a $6,700 grant from its Affordable Housing Incentives Account, which was used for the payment of certain City plan check and permit fees for the Project.
TERM
3.01 Term of Agreement. The term of this Agreement will be for a period of sixty-five (65) years from the issuance of a Certificate of Occupancy or equivalent for the Project. In addition to any other available remedies, if Developer breaches this Agreement, this Agreement shall be extended beyond the stated term on each AHU which gives rise to the breach. The extension will be equal to the period of time that each unit was rented in violation of this Agreement. The City may unilaterally execute and record in the office of the County Recorder an amendment so extending the term of this Agreement. Notwithstanding the above, this unilateral extension shall not apply unless and until the breach exceeds an aggregate total of thirty (30) days in any calendar year and unless the City reasonably and in good faith determines Developer's non-compliance in accordance with the verification criteria in Paragraph 11.01. City and Developer further agree that each unit in the Project shall be reserved for senior households for the term of this Agreement.
3.02 Restricted Rental Period. City and Developer agree that the Restricted Rental Period shall commence on the Initial Rent Date for the first unit rented under this Agreement and, except as provided in Section 3.01, shall terminate sixty-five (65) years after the issuance of a Certificate of Occupancy or equivalent for the Project.
H 32 / 10-14 (lg) 8
90 RES. NO. 2015-14
COMMENCEMENT OF CONSTRUCTION
4.01 Commencement of Construction. The Developer shall, whichever occurs first, commence construction (obtain a Zoning Clearance and all required building permits) within twenty- four (24) months after the execution of this Agreement by all Parties hereto or inaugurate the Project in accordance with Condition A-1 of PD-S-883, and Condition A-1 of TT5124. If Developer fails to commence construction or inaugurate the Project as described herein, and thereafter obtain a Certificate of Occupancy and rent apartments to eligible seniors within a reasonable time, the City reserves the right to amend the land use designation and/or zoning for the project site and eliminate the density bonus. If the density bonus is eliminated, the Developer shall make no claim regarding said amendment. Thereafter, neither party shall have any further rights or obligations under this Agreement.
ARTICLE 34
5.01. If this Project is determined to be subject to an election by the People pursuant to Article 34 of the California State Constitution, Developer shall fully fund the costs of said election which shall be held within two (2) years after adoption of the Government Approvals. If the foregoing election is not timely held, or if the voters reject the Project at said election, this Agreement shall be deemed null and void.
RENTS
6.01 Initial Rents.
The Initial Rent for each AHU in the Project shall not exceed the following limits:
"Very Low Income Units (50% of Median)"
22 - 1 bedroom/1 bathroom: $374/month
23 - 1 bedroom/1 bathroom: $433/month
1 O - 1 bedroomi1 bathroom: $551/month
6 - 2 bedroom/ 1 bathroom: $447/month
6 - 2 bedroom/ 1 bathroom: $518/month
6.02 Security Deposits. Total deposits including security deposits and any other initial costs required of the tenant, other than the first month's rent, shall not exceed one month's rent as determined under Paragraphs 6.01, 6.03, or 6.04. If the security deposit exceeds $200, the tenant will be allowed to pay the deposit in equal monthly installments during the initial three months of occupancy of the unit as an addition to the rent. The security deposit shall not be increased as long as the tenant resides in the same unit.
H 32 / 10-14 (lg) 9
91 RES. NO. 2015-14
6.03 Rent Adjustments.
(a) "Adjustment Date" means for each AHU, the first day of the calendar month immediately following the yearly anniversary of the Initial Rent Date for each unit. For example, if the Initial Rent Date is any date in November, then December 1, would be the first Adjustment Date for that AHU. (b) The annual rent increase for each of the 67 AH Us shall be as follows:
(i) On each Adjustment Date after March 23, 2015, the percentage increase in the Median Income Limit for Ventura County. (However, the minimum annual rent increase shall not be less than
1.0 percent, with a maximum of 3.0 percent);
(ii) On each Adjustment Date, after March 23, 2020, the minimum annual rent increase shall be 2.0 percent, with a maximum of 3.0 percent. On each Adjustment Date after March 23, 2025, the annual rent increase shall be 3.0 percent.
(c) Notwithstanding Subparagraph 6.03(b), in no event shall the rent for any of the 28 Very Low Income Units at 35% AMI exceed 30 percent of 35 percent of 1 /12 of the Area Median Income Figure adjusted for household size. In no event shall the rent for any of the 29 Very Low Income Units at 40% AMI exceed 30 percent of 40 percent of 1/12 of the Area Median Income Figure. In no event shall the rent for any of the 10 Very Low Income Units at 50% AMI exceed 30 percent of 50 percent of 1/12 of the Area Median Income Figure.
(d) Notwithstanding Subparagraph 6.03(b), in no event shall the rent for any Very Low Income Unit exceed the maximum restricted rent permitted by CTCAC.
(e) The Developer shall be entitled to rent the AHUs at the current Voucher Payment Standard Rent to tenants receiving Section 8 rental assistance payments from the Area Housing Authority of the County of Ventura, or its successor agency.
(f) AHU tenants shall not receive a rental adjustment more often than once every 12 months. For purposes of illustration and not limitation, if the Adjustment Date for an AHU is January 1 and that AHU is vacated on March 31 and is re-occupied on May 1, May 1 would be the Revised Adjustment Date and there may be a second adjustment within a 12-month period.
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6.04 Vacated AHU Rent Adjustments. Notwithstanding anything contained in this Agreement, including, but not limited to Paragraphs 6.01 and 6.03 above, with respect to an AHU which becomes vacant during the term of this Agreement ( a "Vacated AHU"), as of the date that such Vacated AHU is first re-leased (the "Revised Adjustment Date"), Developer shall be entitled to increase the rent for such Vacated AHU to the maximum allowed under the rules and regulations of the CTCAC then in effect, and for that AHU the Adjustment Date shall be the first day of the calendar month immediately following the yearly anniversary of such Revised Adjustment Date and each yearly anniversary thereafter.
METHOD OF RENTAL
7.01 Classification. Any unit occupied by a Very Low Income household as specified in Paragraph 8.01 shall be considered to have satisfied the occupancy requirements set forth above, and shall continue to satisfy such requirements if the tenant is recertified as a Very Low household as required under Paragraph 8.02.
7.02 Affordable Housing Units. For purposes of renting the 67 AHUs, all units in the Project, except the unit occupied by the apartment manager, as permitted by law, shall be made available exclusively to qualified senior households.
7.03 Section 8 Program. If Section 8 Certificates or Vouchers become available for the City of Simi Valley, Developer agrees to participate in the Section 8 Program.
DETERMINATION OF TENANT ELIGIBILITY
a.01 Qualification. Developer shall be responsible for determining, in accordance with the provisions of Title 25, California Code of Regulations, Section 6914, as it may be amended, the income eligibility of a potential AHU renter household, as well as the age eligibility of all tenants. On the date a Very Low Income Unit is leased, the gross annual income of a "Very Low Income Household" occupying a very low income unit shall not exceed 50 percent of the Area Median Income limit adjusted for household size. Developer shall determine the age and income qualifications of a willing renter household by obtaining and reviewing required age identification and income records from each member of such renter household, including, but not limited to, the most recent federal income tax return of each member of said renter household and Driver's License, or other documentation which verifies the person's age. Additionally, Developer shall obtain written certification of the anticipated income of the renter household for the 12-month period following the date of determination of income (Exhibit "E").
DEVELOPER SHALL PROVIDE TO THE CITY FOR PURPOSES OF
VERIFICATION A COPY OF THE RENTAL AGREEMENT AND THE RENTER'S
INCOME CERTIFICATION TOGETHER WITH THE DOCUMENTS IN SUPPORT THEREOF PRIOR TO THE INITIAL OCCUPANCY OF ALL AHUs.
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Subsequent to said Initial Rental of all AHUs, Developer shall make available such documentation to the City upon request. Each AHU rented to a Very Low Income renter must be occupied by that household.
8.02 Tenant Recertification. All tenant recertifications will be conducted in accordance with Section 10337(b) of the CTCAC Regulations, as amended. Developer agrees to perform income recertifications if mandated by state or federal agencies having jurisdiction over the Project.·
8.03 Waiting List. Developer shall establish and maintain a waiting list of all qualified renters. The waiting list shall include the information requested in Exhibit "G".
Prospective tenant households shall be considered on a "first come first served basis".
Developer will not be obliged to rent an AHU to a potential renter on a waiting list unless such potential renter agrees to occupy such AHU no later than (a) forty-five (45) days after Developer notifies such potential renter that the AHU will be available for occupancy, or (b) thirty (30) days after such AHU is vacated by the prior tenant, whichever is later.
OUTREACH PROGRAM
9.01 Outreach and Affordable/Affirmative Marketing Program. Developer shall submit for approval a detailed Outreach and Affordable/Affirmative Marketing Program, which shall include, but is not limited to, advertising, publicity, and promotion, to the Director of Environmental Services (the "Director"), not less than ninety (90) days prior to the projected completion of the project. The purpose of the Outreach and Affordable/Affirmative Marketing Program shall be to solicit and obtain Very Low Income renters for occupancy of all AH Us, to establish a waiting list for units which may become available and to affirmatively further fair housing goals. Developer shall not commence any marketing of the AHUs that is not approved under the Outreach and Affordable/Affirmative Marketing program. The marketing program shall include all of the following:
(a) A print media schedule as shown on attached Exhibit "C" to be published in a newspaper of City-wide or regional circulation;
(b) A broadcast media schedule, as shown on attached Exhibit "D" (Optional, at the discretion of the Director of Environmental Services or his/her designee);
(c) Noticing and listing the Project throughout the life of this Agreement with the Area Housing Authority of Ventura County, the Conejo Simi Moorpark Association of Realtors, the Senior Citizen's Center, Simi Valley churches, the County Library, City Hall, and such other similar agencies as the Director may designate;
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(d) Notifying all persons on the City's waiting list for affordable rental housing; (e) Establishment of a telephone number with message capabilities to receive inquiries on the affordable units;
(f) Budget to adequately fund the reasonably necessary expenses of the foregoing.
The Parties hereto agree that, with the exception of Subparagraphs 9.01 (c) and (e) above, the other provisions of said program shall be implemented only when vacant units are or will soon be available for rental.
9.02 Tenant Selection Priority. As part of the Outreach and Affordable/Affirmative Marketing program, the Developer shall, at the commencement of all components of the Outreach and Marketing Program, for a period of no less than 90 calendar days, market the AHUs exclusively to the City of Simi Valley. From the commencement of the Outreach and Marketing Program through the Restricted Rental· Period, Developer shall create a waiting list regarding the applicants for the AHUs and select the qualifying prospective tenants on a first-come, first served basis. In addition, during the 90-day marketing period within the City of Simi Valley, all affordable units identified in Paragraph 6.01 shall be reserved or rented exclusively to either Simi Valley senior residents, or seniors who have children or siblings who live in Simi Valley.
9.03 Failure to Implement an Outreach Program. If Developer fails to submit for approval and implement an Outreach and Affordable/Affirmative Marketing Program, the City shall have the right to implement a marketing program, at Developer's expense, for the purpose of soliciting qualified tenants for Developer's AHUs.
9.04 Awareness of the AHU Availability. Developer shall design the Outreach and Affordable/Affirmative Marketing Program to include provisions that create and build audience awareness of the availability of Affordable Housing Units and equal housing opportunity. In addition, all AHU advertising efforts shall incorporate the following copy in type face no smaller than the largest used in the advertisement:
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This rental housing project has reserved Affordable Housing Units for rental by eligible senior households within a restricted income limit. For further information, please call:
or write to: --------- ----------------
Any and all marketing efforts shall be subject to prior approval pursuant to Paragraph 9.01.
CONDITION AND MAINTENANCE OF UNITS/PROPERTY
10.01 Project Architecture. All units shall have the same architectural, exterior, and interior treatments, with the exception of the unit to be occupied by the Manager.
10.02 Project Maintenance. Developer shall ensure that sufficient revenues are reserved and expended for maintenance of the Project as· required by all applicable laws, and so as to maintain all areas of the Project in a well-kept, safe, attractive and continuously functional condition in accordance with all state and local codes and regulations. Developer further agrees that such maintenance shall be performed in a workmanlike manner on a regular basis and/or as needed and at times which will minimize inconvenience to tenants.
10.03 Property Tax. Developer shall not apply for nor shall the Project obtain any ad valorem property tax exemption for the Project other than the exemptions granted pursuant to Sections 214(f) or (g) of the Revenue and Taxation Code.
COMPLIANCE VERIFICATION
11.01 Tenant Verification. Based on information supplied by Developer, the following criteria shall be used to verify compliance with the rental and income and age restrictions imposed by this Agreement and to determine the unavailability of Very Low Income senior tenants.
(a) Developer's compliance, in good faith, with the requirements of an approved Outreach Program under Paragraph 9.01;
(b) Maintenance of an up-to-date waiting list of qualified tenants; (c) Developer has notified every person on the waiting and referral lists in the Outreach Program and in the Project;
(d) All prospective tenants responding to the Outreach Program and on the waiting lists have failed to qualify pursuant to Paragraph 8.01; (e) There have been no violations by Developer of the terms of this Agreement or of the conditions of PD-S-883 within the last 12 months.
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Fulfillment of the above criteria shall be verified through all applicable documentation requested under this Agreement.
NOTICES AND DISCLOSURES
12.01 Annual Notices. During the Restricted Rental Period, the Developer shall provide the following notices to tenants at the inception of each AHU tenancy and once annually thereafter:
(a) Housing Information. Developer shall provide tenants and prospective tenants with information on fair housing regulations and the State and Federal agencies responsible for enforcing them.
(b) Adjustment Date. Developer shall inform each tenant, in writing at the time of occupancy of an AHU, the next Adjustment Date for that unit.
12.02 Expiration. Developer shall give two notices to tenants regarding the expiration of the Restricted Rental Period as follows: first notice to be provided not less than twelve (12) months nor more than thirteen (13) months prior to expiration of the Restricted Rental Period and the second notice to be provided not less than six (6) months nor more than seven (7) months prior to expiration of the Restricted Rental Period. Developer shall give written notice to all AHU tenants in the Project stating the date of expiration of the Restricted Rental Period and advising the tenants that upon expiration of the Restricted Rental Period: (i) the monthly rent charged for an AHU shall no longer be subject to the restrictions contained herein; and, (ii) the tenancies of tenants occupying an AHU may be terminated on thirty (30) days written notice unless such tenants accept any rental changes lawfully proposed by Developer. Any tenant moving into an AHU in the Project after any notice required under this Paragraph 12.02 has been given, shall be furnished a copy of such notice(s) upon execution of a rental agreement or upon occupancy of an AHU in the Project, whichever comes first.
12.03 Right of First Refusal. During the term of this Agreement, there shall be no conversion to ownership interest of any AHU unit in the Project. One hundred and eighty (180) ,days before the expiration of the Restricted Rental Period of the last AHU hereunder, in addition to the rights set forth in California Government Code Section 66427.1, Developer shall provide each tenant with a ninety (90) day right of first refusal to purchase or lease/rent the unit occupied by such tenant should the Developer convert any AHU to an ownership interest. Each tenant shall also be offered a 5% discount off the purchase price, if the units are converted to condominiums. If tenant does not exercise this right, Developer shall provide the City with no less than a 90-day notice after the expiration of the aforementioned 90-day period in order to exercise the right to purchase the unit.
12.04 Subleasing Restricted. As part of every rental agreement, Developer shall provide a clause which, by its terms, shall prohibit the subject AHU tenant from assigning, H 32 / 10-14 (lg) 15
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subleasing or transferring any interest in the unit to another without obtaining the City's prior written approval. No such approval will be granted for any sublease which provides for rent or tenant income in excess of that authorized herein or to a non-senior household.
12.05 City Notification. Developer shall furnish copies to City of all notices and housing information delivered under Paragraphs 12.01 through 12.04 within three business days from delivery of such notice to tenant. All notices required by Paragraphs 12.01 through 12.04 must be set forth in bold-faced or capitalized letter, in a type face of at least 13 points, and shall be separately initialed by the tenants. •
REPORTING AND AUDIT REQUIREMENTS
13.01 Status Reports. Beginning on the first anniversary of the Initial Rent Date for the first AHU rented in the Project, and continuing on each such annual anniversary thereafter during the Restricted Rental Period, the Developer shall submit the following written reports to the Director:
(a) a copy of the waiting list (Exhibit "G"),
(b) a Unit Summary Report of all Affordable Housing Units (Exhibit "H").
13.02 Audit. Developer shall permit the City, with reasonable notice and during normal business hours, to inspect the Project Site to verify Developer's compliance with this Agreement. Developer shall make available to the City, during business hours, such records as the City may reasonably request to verify such compliance. Should Developer fail to submit timely reports as required by Paragraph 13.01 above, City may cause an audit to be conducted at the sole expense of Developer, in addition to any other available legal remedies.
Developer shall cooperate with any such audit and further agrees to make available to the City all documents verifying compliance with the terms of this Agreement.
DAMAGES PROVISION
14.01 If at any time during the Restricted Rental Period an AHU is rented at more than the Restricted Rental Rate, as calculated according to Paragraphs 6.01, 6.03, and
6.04 hereof, the Developer shall make a cash payment to the affected tenant in an amount equal to the dollar difference between the rent at which the unit is actually rented, and the Restricted Rental Rate for each month for which rent in excess of that authorized herein was charged. Said cash payment shall be made within 30 days of a written notice from the City that the Restricted Rental Rate has been exceeded. In the event that the tenant cannot be located, prior to December 31st of each calendar year, Developer shall deposit the required cash payment into the H 32 / 10-14 (lg) 16
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Affordable Housing Fund. Th~ Parties hereto each agree that it is the intent of this Agreement to provide affordable housing rents and housing exclusively to Very Low Income senior households. The provision of affordable rental housing to Very Low Income senior households is the Developer's consideration for the City grant. If any AH Us are rented in excess of the Restricted Rental Rate, or to non-qualifying households, the intent of this Agreement will be thwarted, even if the dollar difference is paid to the affected tenant or the City's Affordable Housing Fund, and will therefore constitute a failure of consideration on the Developer's part. Therefore, in any calendar month in which any of the AHU's are rented in any manner contrary to the terms of this Agreement, Developer shall pay to the City, an additional 50% of the positive dollar difference between the rent actually charged and the Restricted Rental Rate. Notwithstanding the above, the damages provision for renting the AH Us contrary to the terms of this Agreement shall not apply if the City determines, in its sole discretion, that there were no qualified tenants available on each of the days of non-compliance. City may use the verification provisions provided for in Paragraph 11.01 hereof, as well as any other source of information is deems appropriate, for determining the merits of Developer's claim for any such non-compliance and any such qualified tenant availability. City agrees that it will act reasonably and in good faith at all times with respectto such determination.
SUCCESSORS AND ASSIGNS
15.01 THE PARTIES HERETO EACH AGREE THAT THE OBLIGATIONS AND
DUTIES CONTAINED HEREIN SHALL BE BINDING UPON THE CITY AND DEVELOPER, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
DEVELOPER AND THEIR SUCCESSORS. SHALL NOT ASSIGN THEIR
RIGHTS OR DELEGATE THEIR DUTIES OR OBLIGATIONS WITHOUT THE
WRITTEN CONSENT OF THE CITY WHICH SHALL NOT UNREASONABLY BE WITHHELD. DEVELOPER SHALL REQUEST SAID CONSENT AT LEAST 30 DAYS PRIOR TO ANY ASSIGNMENT OR SALE. THE ASSIGNEE SHALL
AGREE IN WRITING TO ASSUME, ON BEHALF OF HIMSELF AND HIS
SUCCESSORS AND ASSIGNS, ALL THE DUTIES AND OBLIGATIONS OF THE DEVELOPER, ITS SUCCESSORS AND ASSIGNS. SAID CONSENT SHALL
FURTHER BE SUBJECT TO VERIFICATION OF SELLER'S COMPLIANCE
UNDER THIS AGREEMENT BY PRESENTATION OF AN UP-TO-DATE
STATUS REPORT AS PER PARAGRAPH 13.01 HEREOF. DEVELOPER
FURTHER AGREES THAT DEVELOPER AND ITS SUCCESSORS SHALL
REMAIN LIABLE FOR ANY BREACH OF THIS AGREEMENT MADE BY ANY ASSIGNEE. HOWEVER, THE PARTIES HERETO EACH AGREE THAT THE SALE OF ALL OF. DEVELOPER'S OWNERSHIP INTEREST SHALL LIMIT
DEVELOPER'S LIABILITY UNDER THIS AGREEMENT TO BREACHES OR
VIOLATIONS OCCURRING DURING THE PERIOD OF DEVELOPER'S
OWNERSHIP.
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DEVELOPER, AND THEIR SUCCESSORS SHALL NOTIFY THE DIRECTOR
OF ENVIRONMENTAL SERVICES IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT LEAST THIRTY (30) DAYS PRIOR TO
CONCLUDING ANY SALE, LEASE, OR TRANSFER OF TOTAL OR PARTIAL
OWNERSHIP OR TRANSFER OF TOTAL OR PARTIAL OWNERSHIP OR
OPERATING INTEREST IN THE PROJECT. DEVELOPER FURTHER AGREES
THAT SAID NOTICE SHALL INCLUDE WRITTEN EVIDENCE FROM THE
PROSPECTIVE BUYER OR TRANSFEREE THAT HE/SHE HAS BEEN FULLY
INFORMED CONCERNING THE AGREEMENT AND THE DECLARATION AND THE BENEFITS/BURDENS THEREOF.
RECORDATION OF AGREEMENT
16.01 Recording Agreement. This Agreement shall be recorded within ten days of approval and signing by the Parties and shall become effective on the date hereof. Developer shall also record, separate from this Agreement, the Declaration of Conditions and Restrictions on the Transfer of Title or Interest in Real Property document in the form of Exhibit "I", stating that the conditions and obligations to which the subject property is bound shall run with the land, and Developer shall provide two (2) copies of the recorded documents to the City within five (5) days of the recording date.
INDEMNITY AND HOLD HARMLESS
17.01 Indemnity and Hold Harmless.
(a) In the event that there is any claim, action, or challenge of the Project, the Project Approvals, this Agreement, the issuance of building permit(s), the legality of the "Outreach Program" as defined in Section 9 herein, a claim is made respecting the applicability of Article 34 of the California Constitution, or a demand is made for the Project to be subject to a vote of the People, Developer, on behalf of itself, its successors and assigns, shall defend, indemnify, provide legal representation with an attorney(s) acceptable to the City, and thoroughly investigate all claims and do whatever is necessary to protect and hold the City and its officials, officers, employees, agents and representatives harmless from any and all claims of damages, injuries, claims for equitable relief, or alleged civil rights violations. The foregoing obligation shall include but not be limited to any claim of inverse condemnation, arising from Developer's construction, maintenance, operation, or use of the Project, or Project Site or any act or omission of Developer, its officers, employees or agents, and from any and all attorneys fees, costs, expenses and liabilities incurred on account of any claims, actions or proceedings brought in connection, directly or indirectly, with the Project, Project Site, or the Project Approvals.
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(b) Developer shall not bring any claims, cross-claims, actions or cross-complaints against the City, its agents, employees or representatives, arising out of any disputes between Developer and third parties as to the City approvals or the issuance of building permits for this Project.
GENERAL PROVISIONS
18.01 Time is of the Essence. The Parties hereto agree that time is of the essence in the performance of this Agreement. No waiver by any of the Parties to this Agreement or the non-performance or any breach of any term, provision or condition of this Agreement or any default hereunder shall be considered to be or operate as a waiver of any subsequent non-performance, breach or default.
18.02 Modifications. The Parties hereto each agree that no addition to or modification of any term or provision of this Agreement shall be effective unless set forth in writing, in the same manner and form as originally adopted and signed by the City except that the City Manager, or his designee, is authorized to make minor amendments to this Agreement, which may become necessary due to changes in governmental regulations or other requirements affecting the parties involved in the arrangement of project financing so long as such amendments do not materially or substantially modify the terms contained in this Agreement and do not add to the costs to be incurred by the City. The parties hereto further agree that oral agreements or understandings shall be of no force or effect whatsoever.
18.03 Subordination. City agrees to subordinate this Agreement to all of the permanent and the developers' financing against the project subject to the following:
a. Any subordination agreement meets the requirements of Health and Safety Code Section 33334.14;
b. The subordination agreement is reasonably acceptable to the City; c. The subordination agreement does not conflict with any of the terms contained in this Agreement or with the Conditions of Approval of the Project;
d. The lenders agree to provide the City with notification of any delinquency no less than 45 days from the delinquency date;
e. The lenders agree to provide the City with the same notification provided to the borrower of any loan default; and
f. The developer and the lenders agree to grant the City a first right of refusal, regarding the Project in the event the property is foreclosed.
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18.04 Non-Discrimination. Developer agrees, by and for itself, its executors, administrators and assigns and all persons claiming under or through Developer that there shall be no discrimination against, or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, physical disability, mental condition, national origin or ancestry in the sale, transfer, use, occupancy, tenure or enjoyment of the Project, or any part thereof. Violation of this provision may also result in the imposition of penalties referred to in Labor Code Section 1735.
18.05 Violation of Conditions of Approval. Any violation of the conditions of any of the Project Approvals will constitute a violation of this Agreement and shall be enforceable as a breach hereof.
18.06 Severabilitv. The Parties hereto each agree that should any portion of this Agreement be held invalid or unenforceable for any reason, such determination shall not affect the validity of the remaining portions of this Agreement.
18.07 Notices. The parties hereto each agree that all notices or other communications required or permitted hereunder shall be in writing, shall be either personally delivered or sent by United States certified mail or registered mail, return receipt requested, and shall be deemed received seventy-two (72) hours after deposited in the mail in the Counties of Ventura, Orange or Los Angeles, postage pre-paid, addressed to the persons to receive such notice, at the following address:
To City:
To Developer:
City of Simi Valley
2929 T apo Canyon Road
Simi Valley, California 93063
Attn: Director of Environmental Services
Simi Valley Housing Investors, LP
330 West Victoria Street
Gardena, CA 90824
Or to the owner of record or successor in title to the subject property.
Notice of change of address is required and shall be given by written notice in the manner detailed in this Paragraph 18.07. Notices to a Qualified Tenant of an AHU shall be deemed adequately given if transmitted in like fashion to the street address and apartment number of such a Qualified Tenant.
18.08 Attorney's Fees. The parties hereto each agree that if any party hereto institutes any legal proceedings to enforce any provision of this Agreement or for damages by reason of any alleged breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of suit, including such amount as the court may award as reasonable attorney's fees for services rendered to the prevailing party in such proceeding. The parties hereto further agree that partial granting of the prayed-for relief shall be sufficient to constitute "prevailing" in any such action.
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18.09 Covenants to Run with the Land. Developer shall subject the Project Site to the covenants, reservations and restrictions set forth in this Agreement. City and Developer hereby declare their express intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer and successors in title to the Project Site or any Affordable Unit. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project Site or any Affordable Housing Unit shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. The parties hereto further agree that upon conveyance of the Project Site or any Affordable Housing Unit in conformity with this Agreement, Developer, or the successors in interest to the Developer shall be released with respect to such conveyed property from any further obligations hereunder, and the covenants, reservations and restrictions set forth herein shall pass to and be binding upon Developer and its successors in title to the Project Site or any Affordable Unit.
18.10 Conflict with Other Agreement. If the Developer is required to prepare any other agreements which will impose overlapping use and occupancy restrictions, the parties hereto intend and agree that such requirements are independent of this Agreement and that Developer shall comply with the requirements of all such agreements. In the event of conflict between this Agreement or any other or related documents entered into during the term of this Agreement, the most restrictive provisions shall control.
18.11 Headings. The Parties hereto each agree that the paragraph headings herein are used only for the purpose of convenience and shall not be deemed to modify, explain or limit the subject of the paragraphs of this Agreement to be considered in their construction.
18.12 Incorporation of Recitals and Exhibits. Recitals A through D are incorporated herein by this reference and Exhibits "A" through "I" are attached and incorporated herein by this reference.
18.13 Entire Agreement. This Agreement, together with its attachments and writings expressly incorporated herein, constitutes the full and total understanding between the Parties hereto, construed according to the laws of the State of California, and supersedes all prior agreements between the Parties hereto.
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IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day and year written above.
Attest:
Approved as to Form:
Lonnie J. Elridge, City Attorney
Peter Lyons, Direc r
Department of Environmental Services
H 32 / 10-14 (lg)
22 City of Simi Valley, A Municipal
Corporation
By:
Simi Valley, California
Simi Valley Housing Investors, LP
A California limited partnership
of
By: Foundation for Affordable Housing, 11,
Inc., A California non-profit public
benefit corporation
Its: General Partner
By:
T~~
104
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 {}tj /zv11 ;vi )
/ )
coUNTY OF Ora.,vi¥ )
On M 0.rrkz I_I, 2015before me, f\/Jtl,i ½I\ -0 · ij r ~CJ.,;VJ/,, Notary Public, personally appeared 1htM1.S ,. \d; flo..,Jwho proved to me on the basis of satisfactory evidence to be the personesJ whose nameEs-)@tare-subscribed to the within instrument and acknowledged to me that~heft-hey executed the same in~r/tl.Teir authorized capacityEies'), and that b~er/their signature~)-on the instrument the personEst, or the entity upon behalf of which the person(~~acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of CoJt/ryn;/i, that the foregoing paragraph is true and correct. I
WITNESS my hand and official seal.
~V--'.Q.
Signature of Notary Public
23 SSA D. VINCENT
ission # 1985628
Public • California
range County
. Expires Jul 20, 2016
(Seal)
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105
RES. NO. 2015-14 .
EXHIBIT "A"
LEGAL DESCRIVIION
Lot 76 of Tract No. 5124, in the City of Simi Valley, County of Ventura, State of California, as per map recorded in Book 139, pages 62 through 73 inclusive of Maps, in the office of the County Recorder of said County. ·
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EXHIBIT "B"
UNIT DISTRIBUTION SCHEDULE
Unit Type Number Unit Size Max. Initial
of Units (sq. ft.} Monthly Rent
1 BD, 1BA-35%AMI 22 525 $374
1 BD, 1BA-40%AMI 23 525 $433
1 BD, 1BA-50%AMI 10 525 $551
2 BD, 1 BA-35%AMI 6 700 $447
2 BD, 1 BA-40% AMI 6 700 $518
Total 67
25 H 32 / 10-14 (lg)
107
PRINT MEDIA
CITY OF SIMI VALLEY
AFFORDABLE HOUSING AGREEMENT - OUTREACH PLAN
SIMI VALLEY HOUSING INVESTORS, LP
MEDIA SCHEDULE
PUBLICATION NAME AND CITY DATES APPEARING SIZE OF ADVERTISEMENT ATTACHMENTS:
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FROM TO
OFFICE USE ONLY
Certification of Publication
Sample Copy of Text
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BROADCAST MEDIA
CITY OF SIMI VALLEY
AFFORDABLE HOUSING AGREEMENT - OUTREACH PLAN
SIMI VALLEY HOUSING INVESTORS, LP
MEDIA SCHEDULE
STATION/CALL #/FREQUENCY AIR DATES DURATION
ATTACHMENTS:
H 32 / 10-14 (lg)
(MINUTES)
OFFICE USE ONLY
Certification of Broadcast
Sample Copy of Text
NUMBER OF SPOTS
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EXHIBIT "E"
PROJECT: _____ _
MANAGER:
Name:
-------
CITY OF SIMI VALLEY
AFFORDABLE HOUSING PROGRAM
TENANT APPLICATION
Date:
RES. NO. 2015-14
----------------- -------
Address: ----------------
Number of persons in household: __
List all persons to reside in unit:
Phone:
Name Social Security Number
*Information on age only required for senior-oriented projects.
Total Household Income:
1) Previous Year's Annual Gross Income (Attach Verification) I Name I Source
Total Household Income:
28 H 32 / 10-14 (lg)
-------
Age*
I Amount I
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RES. NO. 2015-14 ·
2) Current Monthly Gross Income (Attach Verification)
Name Source Amount
Total Gross Monthly Income:
The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley Affordable Housing Program. This information is confidential and, except as may be required by the City of Simi Valley or Developer, any use of this information is strictly prohibited without written consent of the applicant.
Acknowledgment of this paragraph does not constitute written permission.
I/We certify that the foregoing is complete, true, and accurate to the best of my/our knowledge and is verifiable by the most recent federal tax return and other income documentation provided herewith. I/We are aware that ar:,y misrepresentation in this application will constitute a material breach of my/our agreement with the Developer to rent or lease the unit, and will entitle the Owner to prevent or terminate my/our occupancy of the unit. ·
Signed: ____________ _ Date: -----------
Signed: ____________ _ Date: -----------
FOR OFFICE USE ONLY
Anticipated Income
Next 12 Months: -----------
Income Level:
Very Low (50%)
Lower (80%)
Approved for Affordable Unit
Not Approved
H 32 / 10-14 (lg)
Household Size: ---
Comments: --------
Reviewed by: __________ _
Date: ___________ _
29 111
EXHIBIT "F"
PROJECT: ______ _
MANAGER: -------
CITY OF SIMI VALLEY
AFFORDABLE HOUSING PROGRAM
TENANT RECERTIFICATION
RES. NO. 2015-14
Name: --------------------
Date: _______ _
Address: ----------------
Number of persons in household: __
List all persons who reside in unit:
Phone: ______ _
Name Social Security Number Age*
*Information on age only required for senior-oriented projects.
Total Household Income:
1) Current Monthly Gross Income (Attach Verification)
I Name I Source I Amount I
Total Gross Monthly Income:
The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley Affordable Housing Program. This information is confidential and, except as may be required by the City of Simi Valley or Developer, any use of this information is strictly prohibited without written consent of the applicant.
Acknowledgment of this paragraph does not constitute written permission. 30 H 32110-14 (lg)
112
RES. NO . 2015-14
I/We certify that the foregoing is complete, true, and accurate to the best of my/our knowledge and is verifiable by the most recent federal tax return and other income documentation provided herewith. I/We are aware that any misrepresentation in this application will constitute a material breach of my/our agreement with the Developer to rent or lease the unit, and wjll entitle the Developer to prevent or terminate my/our occupancy of the unit.
Signed: ____________ _ Date: -----------
Signed: ____________ _ Date: __________ _
FOR OFFICE USE ONLY
Anticipated Income
Next 12 Months: _______ _
Income Level:
Very Low (50%)
__ Lower (80%)
Approved for Affordable Unit
Not Approved
H 32 / 10-14 (lg)
Household Size: ---
Comments: --------
Reviewed by: __________ _
Date: ------------
31 113
PROJECT:
MANAGER:
DATE NAME
H 32 / 10-14 (lg)
CITY OF SIMI VALLEY
DEPARTMENT OF ENVIRONMENTAL SERVICES
AFFORDABLE HOUSING AGREEMENT MONITORING PLAN
Waiting List
ADDRESS PHONE #OF HOUSE- V L 6 M L M
BDRMS HOLD E 0 5 E 0 E
PREFER SIZE RW %D w D
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114
PROJECT:
MANAGER:
DATE MOVE
UNIT RESIDENT NAME MOVED IN
# INTO RENT
UNIT
H 32 / 10-14 (lg)
CITY OF SIMI VALLEY
DEPARTMENT OF ENVIRONMENTAL SERVICES
AFFORDABLE HOUSING AGREEMENT MONITORING PLAN
Affordable Housing Unit Summary Report
RENT RENT CURRENT TOTAL #IN # VL
ADJUST ADJUST RENT HOUSE- HOUSE- BDRMS EO
DATE AMOUN HOLD HOLD RW
T INCOME y
6M L s s
5E 0 E E
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115
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF SIMI VALLEY
Dept. of Environmental Servi.ces
2929 Tapo Canyon Road Simi
Valley, CA 93063
RES. NO. 2015-14
EXHIBIT 11 111
SPACE ABOVE FOR RECORDER'S USE ONLY
DECLARATION OF CONDITIONS AND RESTRICTIONS
ON THE TRANSFER OF TITLE OR INTEREST IN REAL PROPERTY
(SIMI VALLEY HOUSING INVESTORS, LP)
The land referred to is situated in the City of Simi Valley, County of Ventura, State of California, and more particularly described as:
Lot 76 of Tract No. 5124, in the City of Simi Valley, County of Ventura, State of California, as per map recorded in Book 139, pages 62 through 73 inclusive of Maps, in the office of the .County Recorder of said County.
Notice is her~by given that the property described herein is conditioned and the transfer of title and/or interest restricted by the City of Simi Valley (City) as set forth in that document entitled Amended and Restated Affordable Housing Agreement/ .
Rental (the "Agreement", recorded on ___ _____ as instrument number________ in the Official Records of the Offic(;) of the County Recorder, County. of Ventura, State of California, which is hereby incorporated by reference herein.
Said restrictions expressly prohibit the transfer of title, assignment of rights, or delegation of duties without the express written consent of the City. Said consent shall be conditioned upon the City's receipt of written evidence from the Buyer/Transferee at least 30 days prior to said consent that he/she has been fully informed of the terms of the Agreement and the benefits/burdens conferred therein · and agrees to assume all of the duties and obligations, as wen as the rights and benefits that the existing Developer/Seller enjoys under the terms of the Agreement.
H 32 / 10-14 (lg)
34 116
RES. NO. 2015-14
Said restrictions further require the following:
1. The Developer/Owner shall give at least 30 days written notice to the City prior to any contract to sell any interest in the property. Said notice shall be personally delivered or sent by certified mail, return receipt requested, to:
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attention: Director of Environmental Services
2. The title company shall immediate notify the City of any attempt to sell or transfer the herein described property. The Notice shall be personally delivered or sent by certified mail, return receipt requested to the address noted above.
3. The escrow company shall immediately notify the City of any attempt to sell or transfer the herein described property. The notice shall be personally delivered or sent by certified mail, return receipt requested to the address noted above.
As a condition precedent to the opening of escrow, the Developer/Owner, designated agent( s) of the Developer/Owner, and the escrow officer each have an affirmative duty to fully disclose the terms of the Agreement to each Buyer.
Escrow may open only upon receipt of the Buyer's signed and dated statement acknowledging receipt of a copy of the Agreement.
ANY ATTEMPT TO TRANSFER TITLE OR ANY INTEREST IN THE PROPERTY
DURING THE TERM OF THE AGREEMENT AND IN VIOLATION OF SAID
AGREEMENT AND THIS DECLARATION, SHALL CAUSE SAID TRANSFER TO BE VOIDABLE AT THE ELECTION OF THE CITY.
H 32 / 10-14 (lg)
35 117
RES. NO. 2015-14
IN WITNESS THEREOF, the parties hereto have executed this instrument on the __ day of _______ , 2015.
City of Simi Valley
A Municipal Corporation
Eric J. Levitt, City Manager
H 32 / 10-14 (lg)
36 Simi Valley Investors, LP,
A California Limited Partnership
By: Foundation for Affordable
By:
Housing, II, Inc., a California
non-profit public benefit corporation
Its: General Partner
Thomas Willard, President
118
( )
REQUESTED BY AND WHEN
RECORDED MAIL TO:
99-064046 Rec Fee
A.R.
.00
.oo
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, C_/\. 93063
Recorded
Official Records
County of
Ventura
Richard O; Dean
Recorder
8:02am 1-Apr-99 SIM[ FL 6
.Attn: City Clerk's Office
SPACE ABOVE FOR RECORDER'S USE ONLY
The Undersigned declares that this document is recorded for the benefit of the City of Simi Valley and therefore is exempt from the payment of a recording fee pursuant to Government Code Section 6103. · ·
APN 500-0-400-385
FIRST AMENDl\fENT TO
CITY OF SIMI VALLEY AFFORDABLE HOUSING
AGREEl\fENT/RENTAL
SIMI VALLEY HOUSING INVESTORS, L. P.
This First Amendment to Affordable Housing Agreement/Rental ("Agreement") is entered into among the '"City of Simi Valley, California, a municipal corporation, hereinafter referred to as "City", the Simi Valley Community Development Agency, hereinafter referred to as "Agency'\ and Simi Valley Housing Investors, L. P., hereinafter referred to as "Developer". The City, Agency and Developer are sometimes referred to as the "Parties". ·
WIINE.SE.I.H:
RECITALS
,A. On June 15, 1998, the Parties entered into the Affordable Housing Agreement/Rental (the "Affordable Housing Agreement") recorded .in the Official records of Ventura County, California as instrument number 98-101018.
B. The Affordable Housing Agreement is intended to apply to only Lot 76 ("Lot 76") of Tentative Tract Map No. 5124 which is a portion of a 43.54 acre 91\3-99(C)
119
parcel (the "43.54 Acre Parcel") located in the City as described in Exhibit A of the Affordable Housing Agreement.
C. Because Exhibit A described the entire 43.54 Acre Parcel and not just said Lot 76, the Affordable Housing Agreement ericumbers title to the entire 43.54 Acre Parcel and not just Lot 76.
D.
to only Lot 76.
The Parties intend that the Affordable Housing Agreement· apply · E. The Parties desire. to amend the Affordable Housing Agreement to provide that the 43.54 Acre Parcel, with the exception of said ~t 76, shall be released from the Affordable Housing Agreement upon the recordation of a final subdivision map in the Official Records -of Ventura County, California subdividing Lot 76 from the remaind~r of the 43 .54 Acre Parcel.
. NOW THEREFORE, in consideration of the mutual promises, obligations, and covenants herein contained, the City, Agency _and Developer agree as follows:
1. · The City and Agency hereby agree that upon the recordation of a final subdivision map in Official Records of Ventura County, California subdividing Lot 76 from the remainder of the 43 .54 Acre Parcel, the Affordable Housing Agreement shall apply only to Lot 76 and shall have no force or affect on the remainder of the
43.54 Acre Parcel.
2. Except as hereby modified, the Affordable Housing Agreement is hereby ratified in its terms.
91\3-99(C)
( )
120
) IN WITNESS THEREOF, the Parties hereto have executed this instrument to be executed the day _and year written below.
Attest: City of Simi Valley /Simi Valley :,•
Community Development Agency
A Municipal Corporation
{2141. .-!)l?JII+.-4== ~;;J/41
avis, Mayor of the City Date lice K. Red
Assistant City Clerk/ of Simi Valley, California and
· Agency Secretary Chair of the Simi Valley Community
Development Agency
Approved as to Form: Simi Valley·Housing Investors, L. P., A California Limited Partnership _
\~. By: Foundation for Affordable
DavidHirsch,ityAttoy / Housing III, Inc.
Agency C.Ounsel Its: General Partner
·,
)
I
l,
~4~ Approved as to Content: By: J/4/ff
Deborrah A. Willard Date
Its: Secretary /Treasurer
Mike Sedell, City · ana~ /
Executive Dire to
91\3-99(C)
121
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of t/MTIM,,/f-
On Httte-A:IC/ff7 , before me, Mq~~,,µ~fZ..JL,(!
Date .
3 /LLr Name and Tille of Officer (e.g., "Jane Doe, Nolary Public") personally appeared ..t21lt- /}-&vt-5 ·
Place Nolary Seal Above
Name(s) of Signer(s)
l3'Personally known to me
D proved to me on the basis of satisfactory
evidence
to be the person(.¢5 whose name(}!') is/a,e,
subscribed to the within instrument and
acknowledged to me that he/sQe/tRey executed ·
the same in his/h~r authorized
capacity(~. and that by his/heffti't-eir
signature(pY on the instrument the person(s), or
the entity upon behal-f of which the person"5J1
acted, executed the instrument..
WITNESS my hand and official seaL
.
OPTIONAL----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: __________________________ _ Document Date: _________________ Number of Pages: ______ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(les) Claimed by Signer
Signer's Name:------~-----------------
□ Individual
O Corporate Officer - Title(s):
O Partner - O Limited D General
D Attorney in Fact
D Trustee
□ Guardian or Conservator
D Other: _________________________ _
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:-----~----------------- '------~ . ·..:._·.:.· - ·.:.· ...
• I
@ 1997 National Notary Assoclalion • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827 ( )
)
122
J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
( )
)
. State of California
On \J.RC2.c:;:H l I 1GG<i , before me,
Date )
personally appeared ~-::f2oO!('c:lH
Place Notary Seal Above
} ··
w. ~{a-rl r-J;5aAQ.:f eueL--l~
Name and Title of Officer (e.g.~ "Jane Doe, Notary Public) ~ •. t,;)1 LLA!?-c
°Name(s) of Slgner(s)
O(personally known to ine
D proved to me on the basis of satisfactory
evidence
to be the person(s) whose narne(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/the.ir
signature(s) on the instrumentthe person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument..
-------------OPnONAL-------------
Though the.information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document: -------------------'7'"'------- Document Date: ________________ _
Signer(s) Other Than Named Above:----------;,~-------~----- . Capaclty(ies) Claimed by Signer
Signer's Name:-----------,,-------------~
D Individual
D Corporate Officer - Title(s):
0 Partner - D Limited D G
D Attorney in Fact
D Trustee
D Guardian or nservator
D Other: r----------------------------
RIGHT THUMBPRINT
OF SIGNER
Top or thumb here
er Is Representing: ______________________ '-----~
•I
©I 1997 Nallonal Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313·2402 Prod. No. 5907 Reorder: Call Toll•Free 1-800·876·6827 123
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 2, of Parcel Map No. LD-S.-446, in the City of Simi Valley, County_ of Ventura, State of California, as per Map recorded in Book 49, Pages 61 through 67 of Parcel Maps, in the office of the County Recorder of said County. 91 \3-99(C)
1 )
124
( )
... ,J
._ .....
REQUESTED BY AND WHEN
RECORDED~ TO:
CITY OF -SIMI VALLEY
· Dcparanent of Envirol'U'1ental Services
98 . I : .. , · -10101a ·' -·.,.-,1fe·~:.·,.ee
R I A.R. ecorded 1 Official Records 1
County _of · 1 . Ventura · I
Richard D. Deari· I
Recorder _ I
.oo
-00
• Housing Division
2929 Tapo Canyon Road
Simi Valley, CA 93063
2:20pm 22-J~n-98 I SIN! ct 30
,
SPACE ABOVE FOR RECORDER'S USE ONLY
The Undersigned declares lhat this document is
recorded for the benefit of the City of Simi Valley and therefore is exempt from the payment of a recording fee pursuant to Government Code Section 6103.
APN 500-0-400-385
CITY OF-SIMI VALLEY
AFFORDABLE HOUSING AGREEMENT/RENT AL
SIMI VALLEY HOUSING INVESTORS, L. P.
The land referred to in this Affordable Housing Agreement/Rental is situated in the City of Simi Valley, County of Ventura, State of California on a certain 43.54 acre parcel of land located on the northern side of Madera Road, east and west of the northerly extension of Wood Ranch Parkway, more particularly described as:
Parcel 2, of Parcel Map No. LD-S-446, in the City of Simi Valley, County of Ventura,· State of California, as per Map recorded in Book 49, Pages 61 through 67 of Parcel Maps, in the office of the County Recorder of said County.
These Restrictions provide rights to the City of Simi Valley in regulating the sale and transfer of the subject 136-unit senior apartment project for a period of fifty-five (55) years from the issuance of a Certificate of Occupancy.
125
AFFORDABLE HOUSING AGREEMENT/RENTAL
S™1 VALLEY HOUSING INVESTORS, L.P.
THIS AFFORDABLE HOUSING AGREEMENT (" Agreement") is entered into on June 15, , 1998, among the City of Simi Valley, California, a municipal corporation, hereinafter -referred to as "City", the Siini Valley Community Development Agency, hereinafter referred to as "Agency", and Siini Valley Housing Investors, L. P., hereinafter referred to as. "Developer". The City, Agency and Developer are.sometimes referred to as the Parties. · W IINE.S.EIH:
RECITALS
A. The Project Site consists of an approximate 5 .48 acre parcel, Lot 77 of Tentative Tract No. 5124, which is a portion of a 43 .54 acre parcel located in the City of Simi Valley, County of Ventura, State of California, as described in Exhibit A (the "Project Site").
B. The Developer has submitted applications to the City, GPA-42, Z-S-511, TTS 124, & PD-S-883, (the "Project Approvals") requesting approval to develop a 136-unit senior · apartment project containing 67 affordable units (the "Project") on the Project Site. ( ) C. The Developer has requested approval of a density bonus of 63 units on the Project Site.
D. The Agency has agreed to provide the Developer a $6,700 grant from the Agency Affordable Housing Incentives Account to provide financial assistance in the payment of certain City plan check and pennit fees required for the development of the proposed Project.
NOW THEREFORE, in consideration of the mutual ·promises, obligations, and covenants herein contained, the City, Agency and Developer agree as follows:
DEFINITIONS
1.01 "Adjustment Date'' shall have the meaning set fonh in Paragraph 6.03 of this Agreement.
1.02. "Agency" shall have the meaning set forth in the Recitals herein.
1.03 "AHU" or "Affordable Housing Unit" means each of the sixty-seven (67) units within the Project, which shall be reserved for rental to qualified senior households in accordance with the terms of this Agreement.
1.04 "Area Median-Income" means the annual median income, adjusted according to household size, for the Oxnard - Venrura Statistical Area in the County of Ventura, as most recently published and updated by the United States Department of Housing and Urban Development ("HUD"), and as set forth in Title 25, California Code of Regulations 126
1.05 Section 6952, is~ued by the California Deparnnent of Housing .and Community Development, or any other comparable source deemed appropriate by the City. "Certificate of Occupancy" shall mean the Certificate of Occupancy or equivalent issued by the Building Official of the City of Simi Valley, which indicates that occupancy of the Project has been authorized.
1.06 · "City" shall have the meaning set forth in the Recitals herein.
1.07 "Developer"shall have the meaning set forth in the Recitals herein.
1.08 "Director" shall mean the Director of the Department of Environmental Services of the City of Simi Valley.
1.09 "Project Approvals" shall have the.meaning set forth in the Recitals herein.
1.10 "HUD" means the U.S. Department of Housing and Urban Development or any successor agency.
' ) 1.11 ·"Income Limit Schedule" means the Schedule of Income Limits most recently published and updated by the United States Department of Housing and Urban Development ("HUD"), and.as set forth in Titl_e 25, California Code of Regulations Section 6952, issued by the California Department of Housing and Community Development. )
1.12 1.13
1.14 1. 15
1.16 1.17
1.18 1. I 9
"Initial Rent" shall have the meaning set forth in Paragraph 6.01 of this Agreement. "Initial Rent Date" means, the date upon which an AHU is first rented for occupancy by a qualified senior household.
''.Initial Tenant Costs" shall' mean all deposits and fees, exclusive of the first month's rent, . charged to a Qualified Tenant or Qualified Renter prior to occupying an AHU. "Project" shall mean the 136-unit senior apartment complex to be developed on the.43.54- acre site described in Exhibit A, including approvals, conditions of approval, construction and all related irnprovemepts located on the Project Site. "Project Site" shall have the meaning set forth in the Recitals herein. "Qualified Tenant" or "Qualified Renter" means a tenant or rental applicant who meets the income and age criteria herein for eligibility for a. Very Low Income Unit. "Restricted Rental Period" shall have the meaning set forth in Paragraph 3 .02 of this Agreement.
"Restricted Rental Rate" means a rental payment regulated by the terms of this Agreement. 127
1.20 "Section 8 Program" or ,iHUD Section ~rogram"· or "HUD Section 8 Certificate or Voucher Program" means the presently existing HUD Section 8 rental subsidy program, or any other similar local, regional, State or Federal program of rental subsidy that ip the future either supplements or replaces the current programs.
1.21 "Se.nior" refers to a person 62 years of age or older.
1.22 "Senior Household" means a household in which at least one member is 62 years old or · older and is a principal tenant in the unit.
1.23 "Tenant Recertification" shall have the meaning sec forth in Paragraph 8.02 hereof.
1.24 "Very Low Income shall have the meaning set forth in Paragraph 8.01 of this Agreement.
1.25 "Very Low Income Unit" means each of the 67 AHUs rented at the Very Low Income Initial Rem or Adjusted Rent calculated per Paragraph 6.01 or Paragraph 6.03, as applicable, and occupied by an eligible Very Low Income household as determined in . accordance with Paragraph 8.01.
DESIGNATION OF AFFORDABLE HOUSING UNITS;
AGENCY IN,~NTIVES
2.01 Desi2nation of Affordable Housin2 Units. City/Agency and Developer agree that the provisions which require that 136 units be occupied exclusively by senior households, that 67 units are to_ be occupied by Qualified Renters, and that the provision of Section 17.01, the Indemnity, Defend and Hold Harmless section, are the primary considerations provided for by Developer to cause the City/ Agency to enter into this Agreement. The parties hereto agree that any failure to ·rent any of the 136 units to senior households, failure to rent any of the 67 AHUs to Qualified Renters, or any failure to comply with the Indemnity, Defend and Hold Hannless section of this Agreement shall constitute a material breach of this· Agreement.
2.02 A~ency Housin~ Incentive Account Grant. The Agency agrees to provide Developer with a $6,700 grant from its Affordable-Housing Incentives Account, to be used for the payment of certain City plan check and permit fees for the Project. Disbursement of the grant funds shall occur at the time that payment of City plan check and permit fees are due.
TERM
3.01 Term of A~reement. The term of this Agreement will be for a period of fifty-five (55) years from the issuance of a Certificate of Occupancy or equivalent for the Project. In addition to any other available remedie?, if Developer breaches this Agreement, this Agreement shall be extended beyond the stated term on each AHU which gives rise to the breach. The extension will be equal to the period of time that each unit was rented in violation of this Agreement. The City/ Agency may unilaterally execute and record in the office of the County Recorder an amendment so extending the term of this Agreement. . . .. . . . -
/ )
.. ,.·' i
( )
)
128
....
breach exceeds an aggregate total of thirty (30) days in any calendar year and unless the City/Agency reasonably and in good ·faith detennines Developer's non-compliance in . accordance with the verification criteria in Paragraph 11.01. City/ Agency and Developer . further agree that each unit in the Project shall be reserved for senior households for the _ tenn of this Agreement. ·
3.02 .Restricted Rental Period, City/Agency and Developer agree that the Restricted Rental Period shall commence on the Initial Rent Date for the first unit rented · under this Agreement and, except .as provided in Section 3.01, shall terminate fifty-five (55) years after the issuance of a Certificate of Occupancy or equ,ivalent for the_ Project.
COMMENCEMENT OF CONSTRUCTION
4.01 Commencement of Construction. The Developer shall, which ever occurs first, commence construction (obtain a Zoning Clearance and all required building permits) within twenty four (24) months after the execution of this Agreement b.y all Parties hereto or inaugurate the Project in accordance with Condition A-1 of PD-S-883, and Condition A-1 of TT5124.
If Developer fails to commence construction or inaugurate the Project as described herein, a_hd thereafter obtain a Certificate of Occupancy and rent apartments to eligible seniors within a reasonable time, the City/Agency reserves the right. to amend the land use designation and/or zoning for the project site and eliminate the density bonus; If the density · bonus is eliminated, the Developer shall make no claim regarding said amendment.
Thereafter, neither party shall have any further rights or obligations urider this Agreement.
ARTICLE 34
5.01. If this.Project is determined to be subject to an election by the People pursuant to Article 34 of the California State Constitution, Developer shall fully fund the costs of said election which shall be held within two (2) years after adoption of the Government Approvals. If the foregoing election is not timely held, or if the voters reject the Project at said election, this Amended Agreement shall be deemed null and void.
RENTS
6.01 Initial Rents.
The Initial Rent for each AHU in the Project shall not exceed the following limits:
· "Very Low Income Units (50% of Median)"
22 - 1 bedroom/1 bathroom: $374/month
23 - 1 bedroom/! bathroom: $433/month
10 - 1 bedroom/I bathroom: $551/month
6 - 2 bedroom/I bathroom: $447/month
6 - 2 bedroom/I bathroom: $518/month
~~-· ,:
129
6.02 Security Deposits. Total deposits includingsecurity deposits and any .other initial costs required of the tenant, other than the first month's rent, shall not exceed one month's rent as detennined under Paragraphs 6.01 or 6.03. If the security deposit exceeds $200, the tenant will ·be allowed to pay the deposit in equal monthly- installments during the initial three months of occupancy of the unit as an addition to the rent. The security deposit shall not be increased as long as the tenant resides in the same unit.
6. 03 Rent Adjustments.
(a) "Adjustment Date" means for each AHU, the first day of the calen(lar month immediately following the yearly anniversary of _the initiaJ Rent Date for ~ach up.it, For example, if the Initial Rent Date is any date in November, then December 1, would be the first Adjusnnent Date for that AHU.
(b) On each Adjustment Date, the annual rent increase for each of the 67AHUs shall be limited to no more than the lesser of (refer to Subparagraph 6.03(c) below) :
(c)
(i) 3. 0 percent; or
(ii) The percentage increase in the Median Ip.come Limit for Ventura County. ·
Notwithstanding_Subparagraph 6.03'(6), inno event shall the rent for any Very Low Income Unit exceed 30 percent of 50 percent of 1/12 of the Area Median Income Figure, or the National Median Income Figure, as adjusted for household size, whichever is lower.
(d) If at any ti.me an AHU is occupied by a tenant subsidized under the Section 8 Voucher/Certificate Program or the City's Senior Rent Subsidy Program, the total rent for said unit, inch~ding Section 8 or City subsidy payments, shall not exceed the rents established under this Agreement and said rents may only be increased as provided for in this Paragraph 6. 03.
(e) Irrespective of tenant turnover, rental adjustments shall not be made for any AHU more often than once every 12 months.
METHOD OF RENT AL
7 .01 Classification. Any unit occupied by a Very Low Income household as specified in Paragraph 8.01 shall be considered to have satisfied the occupancy requirements set forth above, and shall continue to satisfy such requirements if the tenant is recertified as a Very Low household as required under Paragraph 8.02.
7 .02 Affordable Housin~ Units. For purposes of renting the 67 AHUs, all urul:) in ·.: .'.':)ject, except the unit occupied by the apartment manager, as permitted by law, shall be made available exclusively to qualified senior households.
( )
130
)
. . ,t;"•
7.03 Section 8 Proi:rarn. If Section 8 Certificates or Vouchers become available for the Citf) of Simi Valley, Developer agrees to participate in the Section 8 Program. The Developer also a8r~es ·to participate in the City's Senior. Rent Subsidy ·Program.
DETERMINATION OF TENANT ELIGIBILITY
8.01 . Qyaljficatjon. Developer shall be responsible for determining, in accordance with the provisions of Title 25, California Code of Regulations, Section 6914, as it may be amended, the income eligibility of a potential ABU renter household, as well as the age ·eligibility of all tenants. On the date a Very Low Income Unit is leased, the gross annual income of a "Very Low Income Household" · occupying a very low income unit shall not exceed the lower of 50 percent of the Area Median Income limit or the National Median Income figure, adjusted for household size. Developer shall determine the age and income qualifications of a willing renter household by obtaining and reviewing required age identification and income records from each member ofsuch renter household, including, but not limited to, the most recent federal income tax returri of each member of said renter household and Driver's License, or other documentation which verifies the person's age.
Additionally, Developer shall obtain wriuen certification of the anticipated income of the renter household for the 12-month period following the date of determination of income (Exhibit "E").
DEVELOPER SHALL PROVIDE TO THE CITY/AGENCY FOR PURPOSES OF
VERIFICATION A COPY OF THE RENTAL AGREEMENT AND THE RENTER'S INCOME CERTIFICATION TOGETHER WITH THE DOCUMENTS IN SUPPORT . .
THEREOF PRIOR TO THE INlTIAL OCCUPANCY OF ALL AHUs. Subsequent to said Initial Rental of all AHUs, Developer shall make available such documentation to the City/ Agency upon request. Each AHU rented to a Very Low Income renter must be occupied by that household.
8.02 Tenant Recertification. At least 30 days prior to each Adjustment Date, Developer shall provide written notice to AHU occupams to complete an Affordable Housing Program Tenant Recertification, Exhibit F, and to provide supporting income verificatio_n documentation to the Developer prior to the Adjustment Date. Developer shall keep copies of all AHU Tenant Recertifications on file and make them available to the City/ Agency upon request.
8.03 Waitin~ Li~t. Developer shall establish and maintain a waiting list of all qualified renters.
The waiting list shall include the information requested in Exhibit "G.". Prospective tenant households shall be considered on a "first come first served basis".
Developer will not be obliged to rent an AHU to a potential renter on a waiting list unless such potential renter agrees to occupy such AHU no later than (a) forty-five (45)days after Developer .notifies such potential renter that the AHU will be available for occupancy, or (b) thirty (30) days after such AHU is vacated by the prior tenant, whichever is later. 131
OUTREACHPROGRAM
9.01 Outreach and Affordable/Affinnative MarketiuK PTQKI3ffi. Developer shall submit for approval a· detailed Outreach and Affordable/ Affirmative Marketing Program, which shall include, but is not limited to, advertising, publicity, and promotion, to the Director of · Environmental Services (the "Director"), not less than ninety (90) days prior to the .projected completion of the project. The purpose of the Outreach and Affordable/ Affirmative Marketing Program shall t,e to solicit and obtain Very Low Income renters for occupancy of all AHUs, to establish a waiting list for units which may become available and to affirmatively further fair housing goals. Developer shall not commence any marketing of the AHU s that is not approved under the .Outreach and Aff(?rdable/ Affirmative Marketing program. The marketing program shall include all of the following:
(a) A pr_int media schedule as shown on attached Exhibit "C" to be published in a newspaper of City-wide or regional circulation;
(b) · · A broadcast media schedule, as shown on attached Exhibit "D" (Optional, at the discretion of the Director of Environmental Services or his/her designee); (c) Noticing and listing the Project throughout the life of this Agreement with the Area Housing Authority of Ventura County, the Simi Valley-Moorpark Association of Realtors, the Senior Citizen's Center, Simi Valley churches, the County Library, City Hall, and the City's Development Services Building, and such other similar agencies as the Director may designate;
(d) Notifying all persons on the City's waiting list for affordable rental housing; (e) Establishment of a telephone number with message capabilities to receive inquiries on the affordable units;
(f) Budget to adequately fund the reasonably necessary expenses ofthe foregoing.
The Parties hereto agree that, with the exception of Subparagraphs 9.0l(c) and (e)· above, the other provisions of said program shall be implemented only when vacant units are or will soon be available for rental.
9.02 Tenant Selection Priority. As part of the Outreach and Affordable/Affinnative Marketing program, the Developer shall, at the commencement of all components of the Outreach and Marketing Program, for a period of no less than 90 calendar days, market the AHUs exclusively to the City of Simi Valley .. From the commencement of the Outreach and ;Marketing Program through the Restricted Rental Period, Developer shall create a waiting 1 ) list regarding the applicants for the AEUs and select the qualifying prospective tenants on "'· a first-come, first served basis. In addition, during the 90-day marketing period within the City of Simi Valley, all affordable units identified in Paragraph 6.0i shall be reserved or rented exclusively to either Simi Valley senior residents, or seniors who have children or c,i)-,J;n,rc, mhn liuP in c;;:;m; v,,11.,.,
132
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9.03 failure to Implement an Outreach ProlWW). If Developer fails to submit for approval and. \ implement an Outreach and Affordable/ Affirmative Marketing Program, City/ Agency shall have the right to implement a marketing program, at Developer's expense, for the purpose of soliciting qualified tenants for Developer's AHUs.
9.04 Awareness of the AHU Availability. Developer shall design the Outreach and .Affordable/ Affirmative Marketing Program to include provisions that create ·and build audience awareness of the availability of Affordable Housing Units and equal housing . opportunity. In addition, all AHU advertising efforts shall incorporate the following copy in type face no smaller than the largest used in the advertisement:
This rental housing project has reserved Affordable Housing Units for rental by eligible senior households within a restricted income limit.' For further information, please call:
or write to: ------
Any and all marketing efforts shall be subject to prior approval pursuant to Paragraph
9.01. CONDITION AND MAINTENANCE OF UNITS/PROPERTY
10.01 Project Architecnm;. All units shall have the same architectural, exterior, and interior · treatments, with the exception of the unit to be occupied by µie Manager.
10.02 Project Maintenance. Developer shall ensure that sufficient revenues are reserved and expended for maintenance of the Project as required by all applicable laws, and so as to . maintain all areas of the Project in a well-kept, safe, attractive and continuously functional condition in accord~ce with all state and local codes and regulations. Developer further agrees that such maintenance shall be performed in a workmanlike manner on a regular basis and/or as needed and at times which will minimize inconvenience to tenants.
10.03 Property Tax. Developer shall not apply for nor shall the Project obtain any ad valorem property tax exemption for the Project other than the exemptions granted pursuant to Sections 214(f) or (g) of the Revenue and Taxation Code.
COMPLIANCE VERJFICATION
l 1.01 Ienant Verification. Based on information supplied by Developer, the following criteria shall be used to verify compliance with the rental and income and age restrictions imposed by this Agreement and to determine the unavailability of Very Low Income senior tenants. (a) Developer's compliance, in goud faith, with the requirements of an approved Outreach Program under Paragraph 9.01;
(b) Maintenance of an up-to-date waiting list of qualified tenants; 133
(c)
If?;:
Developer has notified every 'person on the waiting and referral lists in the Outreach Program and in the Project;
(d) All prospective tenants responding to the Outreach Program and on the waiting lists have failed to qualify pursuant to Paragraph 8.01;
.(e) There have been no violations by Developer of the tenns of this Agreement or of the conditions of PD-S-883 within the last 12 months.
Fulfillment of the above criteria shall be verified through all applicable documentation requested under this Agreement.
NOTICES AND DISCLOSURES
12.01 Annual Notices. During the Restricted Rental Period, the Developer shall provide the following notices to tenants at the inception of each AHU tenancy and once annually thereafter;
(a)
(b)
Housin~ Information. Developer shall provide tenants and prospective tenants with information on fair housing regulations and the State and Federal agencies responsible for enforcing them;.~:---
Adjustment Date. Developer shall infonn ·each tenant, in writing at the time of occupancy of an AHU, the next Adjustment Date for that unit.
12.02 Expiration. Developer shall give two notices to tenants regarding the expiration of the Restricted Rental Period as follows: first notice to be provided not less than twelve ( 12) months nor more than thirteen (13) months prior to expiration of the Restricted Rental Period and the second notice to be provided not less than six (6) months nor more than seven (7) months prior to expiration of the Restricted Rental Period. Developer shall give . written notice to all AHU tenants in the Project stating the date of expiration of the Restricted Rental Period and advising the tenants that upon expiration of the Restricted Rental Period: (i) the monthly rent charged for an AHU shall no longer be subject to the restrictions contained herein; and, (ii) the tenancies of tenants occupying an AHU may be terminated on thirty (30) days written notice unless such tenants accept any rental changes lawfully proposed by Developer. Any tenant moving into an AHU in.the Project after any notice required under this Paragraph 12.02 has been given, shall be furnished a copy of such notice(s) upon execution of a rental agreement or upon occupancy of an AHU in the Project, whichever comes first.
12.03 Ri~ht of First Refusal. During the term of this Agreement, there shall be no conversion to ownership interest of any AHU unit in the Project. One hundred and eighty (180) days : )
••✓-;.__.Jj:·'
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('•, .) before the expiration of the Restricted Rental Period of the last AHU hereunder, in . . . addition to the rights set forth in California Government Code Section 66427 .1, Developer shall provide each tenant with a ninety (90) day right of first refusal to purchase or lease/rent the unit occupied by such tenant should the Developer convert any AHU to an 134
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)
if the units are converted to condominiums. If tc::nant does not exercise this right, Developer shall provide the City/ Agency with no less than a 90-day notice after the expiration of the aforementioned 90-day period in order to exercise the right to purchase ~~- .
12.04 Subleasin~ Restricted. As part of every rental agreement, Developer shall provide a clause . which, by its terms, shall prohibit the subject AHU tenant from assigning, subleasing or transferring any_ interest in the unit to another w_ithout obtaining the City/ Agency's prior written apprnval. - No such approval will be granted for any sublease which provides for rent or tenant income in excess of that authorized herein or to a non-senior household.
12.05 City/A2enc:y Notification. Developer shall furnish copies to City/Agency of all notices and housing information delivered under Paragraphs 12.01 through 12.04 within three business days from delivery of such notice to tenant. All notices required by Paragraphs 12.01 through 12.04 must be set forth in bold-faced or capitalized letter, in a type face of at least 13 points, and shall be ~eparately initialed by the tenants.
REPORTING AND AUDIT REQUIREMENTS
13.01 Status Reports. Beginning on the first anniversary of the Initial Rent Date for the first AHU rented in the Project, and continuing on each such annual anniversary thereafter during the Restricted Rental Period, the Developer shall submit the following written reports to the Director:
(a) a copy of the waiting list (Exhibit "G"),
(b) a Unit Summary Report of all. Affordable Housing Units (Exhibit "H").
13.02 Allilit. Developer shall permit the City/Agency, with reasonable notice and during normal business hours, to inspect the Project Site to verify Developer's compliance with this Agreement. Developer shall make available to the City/Agency, during business hours, such records as the City/Agency may reasonably request to verify such compliance.
Should Developer fail to submit timely reports as required by Paragraph 13.01 above, City/ Agency may cause an audit to be conducted at the sole expense of Developer, in addition to any other available legal remedies. Developer shall cooperate with any such audit and further agrees to make avaijable to the City/Agency all documents verifying compliance with the terms of this Agreement. ·
DAMAGES PROVISION
14.01 If at any time during the Restricted Rental Period an AHU is rented at more than the Restricted Rental Rate, as calculated according to Paragraphs 6.01 and 6.03 hereof, the Developer shall make a cash payment to the affected tenant in an amount equal to the dollar difference between the rent at which the unit is actually rented, and the Restricted Rental Rate for each month for which rent in excess of that authorized herein was charged.
Said cash payment shall be made within 30 days of a written notice from the City/ Agency that the Restricted Rental Rate has been exceeded. In the event that the tenant cannot be 135
cash payment into the Affordable Housin(F~nd. The Parties hereto each agree that it is the intent of this Agreement to provide affordable housing rents and housing exclusively to Very Low Income senior households. The pr9vision· of affordable rental housing to Very Low Income senior households is the Developer's considerati<'n for the City/ Agency loan. If any AHUs are rented in excess of the Restricted Rental'Rate, or to non-qualifying households, the intent of this Agreement will be thwarted, even if the dollar difference is ,paiq to the affec,ed tenant or the City/Agency'·s Affordable Housing 'Fund, and will therefore constitute a failure of consideration on the Developer's part. Therefore, in any calendar month in which any of the A.H:U's are rented in any manner contrary to the terms of this Agreement, Developer shall pay to the City/ Agency, an additional 50% of the positive dollar difference between the rent actually charged and the Restricted Rental Rate.
Notwithstanding the above, the damages provision for renting the AHUs contrary to the tenns of this Agreement shall not apply if the City/Agency determine, in its sole discretion, that there were no qualified tenants available on each of the days of non:-compliance_. ·City/ Agency may use the verification provisions provided for in Paragraph 1 LO 1 hereof, as well as any other source of infonnation is deems appropriate, for determining the merits of Developer's claim for any such non-compliance and any such qualified t~nant availability. City/ Agency agrees that it will act reasonably and in good faith at all times with respect to such determination.
SUCCESSORS A,ND ASSIGNS
t',:- .
15.01 THE PARTIES HERETO EACH AGREE THAT THE OBLIGATIONS AND DUTIES
CONTAINED HEREIN SHALL BE BINDING UPON THE CITY, AGENCY AND DEVELOPER, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
DEVELOPER AND THEIR SUCCESSORS SHALL NOT ASSIGN THEIR RIGHTS OR
DELEGATE THEIR DUTIES OR OBLIGATIONS WITHOUT THE WRITTEN CONSENT OF THE CITY/AGENCY WHICH SHALL NOT UNREASONABLY BE .
WITHHELD. DEVELOPER SHALL REQUEST SAID CONSENT AT LEAST 30 DAYS PRIOR TO ANY .ASSIGNMENT OR SALE. THE ASSIGNEE SHALL AGREE
IN WRITING TO ASSUME, ON BEHALF OF HIMSELF AND HIS SUCCESSORS
AND ASSIGNS, ALL THE DUTIES AND OBLIGATIONS OF THE DEVELOPER, ITS SUCCESSORS AND ASSIGNS. SAID CONSENT SHALL FURTHER BE SUBJECT
TO VERIFICATION OF SELLER'S COMPLIANCE UNDER THIS AGREEMENT BY
PRESENTATIQN OF AN UP-TO-DATE STATUS REPORT AS PER PARAGRAPH
13.01 HEREOF. DEVELOPER FURTHER AGREES THAT DEVELOPER AND ITS
SUCCESSORS SHALL REMAIN LIABLE FOR ANY BREACH OF THIS
AGREEMENT MADE BY ANY ASSIGNEE. HOWEVER; THE PARTIES HERETO
EACH AGREE THAT THE SALE OF ALL OF DEVELOPER'S OWNERSHIP
INTEREST SHALL LIMIT DEVELOPER'S LIABILITY UNDER THIS AGREEMENT TO BREACHES OR VIOLATIONS OCCUR.RING DURING THE PERIOD OF DEVELOPER'S OWNERSHIP.
DEVELOPER, AND THEIR SUCCESSORS SHALL NOTIFY THE DIRECTOR OF ENVIRONMENTAL SERV1CES IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT LEAST THIRTY (30) DAYS PRIOR TO CONCLUDING ANY .~ALF T.F.ASF. OR TRANSFRR OF TOTAL OR PARTIAL OWNERSHIP OR ( )
136
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~,:,'"\~
OPERATING INTEREST IN THE. PROJECT. DEVELOPER FURTHER AGREES:'
THAT SAID NOTICE SHALL INCLUDE WRITTEN EVIDENCE FROM THE
PROSPECTIVE BUYER OR TRANSFEREE THAT HE/SHE HAS BEEN FULLY
INFORMED CONCERNING THE AGREEMENT AND THE DECLARATION AND THE BENEFITS/BURDENS THEREOF.
RECORDATION OF AGREEMENT
16.01 Recordin,: A~emem. This Agreement shall be recorded within ten days of approval and signing by the Parties and shall become effective on the date hereof. Developer shall also record, separate from this Agreement, the Declaration of Conditions and Restrictions on the Transfer of Title or Interest in Real Property document in the fonn of Exhibit "I", stating that the conditions and obligations to which the subject property is bound shall run with the land, and Developer shall provide two (2) copies of the recorded documents to the City/ Agency within five (5) days of th~ recording date.
INDEMNITY AND HOLD HARMLESS
17. o 1 . Indemnity and Hold Hann!ess.
(a)
(b)
In the event that there is any claim, action, or challenge of the Project, the Project Approvals, this Agreement, the issuance of building permit(s), the legality of the "Outreach Program" as defined in Section 9 herein, a claim is made resp~cting the applicability of Article 34 of the California Constitution, or a demand is made for the Project to be subject to a vote of the People, Developer, on behalf of itself, hs successors and assigns, shall defend, indemnify, provide legal representation with an attomey(s) acceptable to the City/Agency, and thoroughly investigate all claims and do whatever is necessary lo protect and hold the City/ Agency and its officials, officers, employees, agents and representatives harmless from any and all claims of damages, injuries, claims for equitable relief, or alleged civil rights violations.
The foregoing obligation shall include but not be limited to any claim of inverse condemnation, arising from Develo~r's construction, maintenance, operation, or use of the Project, or Project Site or any act or omission of Developer, its officers, employees or agents, and from any and all attorneys fees, costs, expenses and liabilities incurred on account of any claims, actions or proceedings brought in connection, directly or indirectly, with the Project, Project Site, or the Project Approvals.
Developer shall not bring any claims, cross~clairns, actions or cross-complaints against the City,· Agency, its agents, employees or representatives, arising out of any disputes between Developer and third parties as to the City approvals or the issuance of building permits for this Project.
GENERAL PROVISIONS
18.01 Time is of the Essence. The Parties hereto agree that time is of the essence in the t.. __ ---- _£ .. t.. .... n ..... _..:,... ... ~ ..... 1-k;,.. A .,.....l"k.o"'""""nnt rv, .. +hn. 137
.... fi;',i .·
non-perfonnance or any breach of any 1i~im, provision or condition of this Agreement or any default hereunder shall be considered to be or operate as a waiver of any subsequent non-performance, breach or default.
18.02 Modifications. The Parties hereto each agree that no addition to or modification of any term or provision of this Agreement shall be effective unless set forth in writing, in the same manner and form as originally adopted and signed by both the City/ Agency and· Developer except that the Executive Director of the Agency, or his d~signee, is authorized to make minor am~ndments to this· Agreement, which may become necessary .due to changes in governmental regulations or other require,nents affecting· the parties involved in the arrangement of project financing so long as.suc~..amendments do not.materially or substantially modify the terms contained in this Agreement and do not add to the costs to be incurred by the City/ Agency. The parties hereto further agree that oral agreements or understandings shall be of no force or effect whatsoever.
18.03 Subordination. City/ Agency agrees to subordinate this Agreement to all of the·pennanent and _the developers' financing against the project subject to the following:
a.
b.
c.
d.
e.
f.
Any subordination agreement meets the requirements of Health and Saf ery Code Section 33334.14;
The subordination agreement i~_ ... fe~sonably acceptable to the City I Agency; The subordination agreement does ·not conflict with any of the terms-contained in this Agreement or with the Conditions of Approval of the Project; The lenders agree to provide the City/ Agency with notification of any delinquency no less than 45 days from the delinquency date;
The lenders agree to provide the City/ Agency with the same notification provided to the bo·rrower of any loan def3:ult; and
The developer and the lenders agree to grant the City/ Agency a first right of refusal regarding the Project in the event the property is foreclosed.
18.04 Non-Discrimination Developer agrees, by and for itself, its executors, administrators and · assigns and all persons claiming under or through Developer that there shall be no discrimination against, or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status., physical disability, mental condition, national origin or ancestry in the sale, transfer, use, occupancy, tenure or enjoyment of the Project, or any part thereof. Violation of th.is provision may also result in the imposition of penalties referred to in Labor Code Section 1735.
18.05 Violation of Conditions of ApprovaL Any violation of the conditions of any of the Project Approvals will constitute a violation of this Agreement and shall be enforceable as a breach hereof. ·
18.06 Severability. The Parti~s hereto each agree that should any portion of J-iis A ~ 0 nt be
held invalid or unenforceable for any reason, such determination shall not affect the validity of the remaining portions of this Agreement.
138
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18.07 Notices. The parties hereto each agree that all notices or other communications required · ~ or permitted hereunder shall be in writing, shall be either personally delivered or sent by United States certified mail or registered mail, return receipt requested,. and shall be deemed received seventy-two (72) hours after deposited in the mail in the Counties of Ventura, Orange or Los Angeles, postage pre-paid, 'addressed to the persons to receive such notice, at the following address: ·
· To City/ Agency:
To Developer:
City of Simi Valley/Community Development Agency
2929 Tapo Canyon Road
Simi Valley, California· 93063
Attn: Director of Environmental Services
Simi Valley Housing Investors, L P.
320 Golden Shore Drive, Suite 200
· Long Beach, CA 90802
Or to the owner of record or successor in title to the subject property. · Notice of change of address is required and shall be given by written notice in the manner detailed in this Paragraph 18.07. Notices to a Qualified Tenant of an AHU shall be deemed ( ) adequately given if transmitted in like fashion to the street address and apartment number .· : of such a Qualified Tenant. ·
')
18. 08 Attorney's Fees. The parties hereto each agree that if any party hereto institutes any legal proceedings to enforce any provision of this Agreement or for damages by reason of any alleged breach of this Agreement, the prevailing party shall be entitled to recover from the other party an costs of suit, including such amount as the court may award as reasonable attorney's fees for services rendered to the prevailing party in such proceeding. The parties hereto further agree that partial granting of the prayed-for relief shall be sufficient to constitute "prevailing" in any such action.
18.09 Covenants to Ryn with the Land. Developer shall subject the Project Site to the covenants, reservations and restrictions set forth in this Agreem~nt. City/ Agency and Developer hereby declare their express intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer and successors in title to the Project Site or any Affordable Unit. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project Site or any Affordable Housing Unit shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions ar_e set forth in such contract, deed or other instrument. The parties hereto · further agree that upon conveyance of the Project Site or any Affordable Housing Unit in conformity with this Agreement, Developer, or the successors in interest to the Developer shall be released with respect to such conveyed property from any further obligations hereunder, and the covenants, reservations and restrictions set forth herein shall pass to and be binding upon Developer and its successors in title to the Project Site or any . Affordable Unit.
18.10 Conflict with Other A2reement. If the Developer is required to prepare any other , .. ,. ___ .,, ~--- - -- -----•---~-- ......... --..J ........ .,.. .• _,,.._,....~ _,..,.,.,.,_,!...,.4-!--,.. fl-.. ..... _ ... _..:,.,. ... 139
Jn v,(/,i./yJ? ~~~reme.~ §:'Le/J,v/~r,f;,
I OAfi ~ Of OFF)!:ER. E.G.. 'JNE DOE. NOTARY P08UC'"
personally appeared· __ m ____ ~_tt;~· -~-· --·-, ..... · ........ A ...... _ .. ...a::eo=-· =-s=--;,-:;.....,;f-...._ ____ _, , NAME(SI OF SIGNER($)
~rsonally known to me - OR • 0 proved to me on the .basis of satisfactory evidence r . . to be the pen~ol)tsf whose name~re
. subscribed to the within instrument ana ac
knowledged to mJj.!!_~~he/the. y executed
the same. in~er/their ~--thor.ized
capacit~ and that by QJ.!Yher/their
signature.(.s(on the instrument the person(.&r,
or the entity upon behalf of which the perso~ ·
acted, executed the instrument.
al.
NO 209
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL(S) f..
-~OAPORATE )
~ !:E~1:.:,R;;;;,i(~--) -~TITlE=-::-:::-(SJ:--- ••i
'J 0 ATTORNEY-IN-FACT ,
'J.
□ TRUSTEE(S) -;.
□ SUBSCRIBING WITNESS ~-
□ GUAROIAN/CONSEAVATOR [
□ OTHER: _______ _ ~·
SIGNER IS REPRESENTlNG:
NAME OF P.ERSON(S) OR ENTITY(IES)
ATTENTION NOTARY: Although the infonnation requested below is OPTIONAL. ii could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document ____________________ _
Number of Pages _______ Date of Docume.nt _________ _
Signer(s) Other Than Named Above-----------'---------
( )\\
· · 0 1991 NATIONAL NOTARY ASSOCIATION• 8236 Aem11191Ave, • P.O. Box 7184 • Canoga Par1<, CA 913~ \ 140
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)
f_. • ...,_
hereto intend and agree that such requirements ~ independent of this Agreement and that' Developer shall comply with the •requirements of all such agreements. In the event of conflict between this Agreement or any otber or related documents entered into during the term of this Agreement, the most restrictive provisions shall control.
18.11 Headin~s. The Parties hereto each agree that the paragraph headings herein are used only . . for the purpose of convenience and shall not be deemed to modify, explain or limit the subject of the paragraphs· of this Agreement to be considered in their construction.
18.12 . .
lncQq;,oration o.{ Recitals and Exhibits. Recitals A through D are incorporated herein by . this reference and Exhibits "A" through "I" are attached and incorporated herein by this reference.
18.13 Entire A~eemem. This Agreement, together with its attachments and writings expressly incorporated herein, constitutes the full and total understanqing between the Parties hereto, construed according to the laws of the State· of California, and supersedes all prior agreements between the Parties hereto.
IN WITNESS THEREOF, the Parties hereto have executed this instrument on the day and year written below.
Attest:
Alice K. Rendo
Assistant City Clerk/
Agency Secretary
Approved as to Form:
\\~h-8" David Hirsch, City Attorney'
Approved as to Content:
City of Simi i&tey/Simi Valley
Community Development Agency
Municipal Co~or tion
Gregory non, Mayor of the City
of Simi Valley, California and
Chair of the Simi Valley Community
Development Agency
Simi Valley Housing Investors, L. P.,
A California Limited Partnership
By:
Its:
\Date
141
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ ······· .. ····· ...
r / J
State of <1,,4{·, Fo~t/lJ- ~>'~,.,/
~. . ? County of -~~-------_.;;.._______ 1
On j:,yt e.- I£ I 't 'Ii" before me. m~ ,t;;,,,d, /2(Jf}1,4 µ,,:_. ~ personally. appeare:
1 • .. G-,lu O 4 . -sfx,;:;;;;,rr._ of Offic»r (e.g., -~N>licj ~ I ~T ~~~~ ~ ~.: 1 personally known to ·me - OR - :::cp~QVOQ to a:ie on tbo ~ash;. ;f 9atisfaetOPJ 011ieene1 to be the person~ 1 ~ · whose name(~is/aFEMubscribed to the within instrument q ~.; . and acl(nowledged to me that he/stteAhay executed the ~ 0 same in hi~r authorized capaci~, and that by '.S
~.: i·· • •.· + • e ~~.::A:;.H• • • 1 his/~ir signature(;J on the instrument the person(~. ~ ~ a Mll<IV'\~-- or the entity upon behalf of which the person~ acted, ~ ~; · _ commission# 1126725 f executed the instrument. 1 M ii . -- . .Not~~! c~:orrwo ' ~ ~ ~
0 0 0
ty:,°';1~:'!;~;9;°1 , WITNESS my hand and official seal. $ ~ ~·1/+-. p ~-- ~ ~ ?-:: inaiureoiNoiarv Publrc . ~ ~ f. ~ ----------- OPTIONAL------------ i!
~.-.: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent j ?:: fraudulent removal and reattachment of this form to another document.
I Description of.Attached Document ,--, f )
~ Title or Type of Document:__________________________ ~ ~ Document Date: ___________________ Number of Pages: _____ ~ ~.: Signer(s) Other Than Named Above: ______________________ 1 ?':; ~
~ Capacity(ies) Claim~d by Signer(s). ~
~ s· s· I N ·s ~ 1gner's Name:____________ 1gner s ame: ____________ ~ ~ = Individual Individual ;
~: = Corporate Officer Corporate Officer ?
?:: Title(s): _____________ litle(s): _____________ ',
~: = Partner - = Limited = General Partner - = Li!l)ited = General ~ ?:: C Attorney-in-Fact G Attorney-in-Fact :>
~: C Trustee ' Trustee ~
?:: = Guardian or Conservator .--- Guardian or Conservator ,s i = Other: _______ top of thumb here ' Other: ________ Top of thumb here ~ ~ ----- --~-- 1
x_ .. · ~
<S Q\
x Signer Is Representing: Signer Is Representing: :>
~ '.
I .___ _ ___, . . . --------' i )
.i<;.'@.~'§<...'§(,'§i.;..'§';<..~~«~-g;.«-g;.-g;..'§<;.'§(,'@.«-g;..m-g;.,g:.~-g;.~'@..m'M~"Q<;..iX--~..>:- C 1995 Nation•! Nolarv Association• 8236 Remmel Ave .. P.O. Box 7184 • Canooa Pane. CA91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 142
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcell, of Parcel Map No. LD-S-446, in the City ofSiprl Valley, County of Ventura. State of California, as per Map recorded in Book 49, Pages 61 through 67 of Parcel Maps, in the office of the County Recorder of said County.
143
EXllIBIT "B"
UNIT DISTRIBUTION SCHEDULE
Unit Type
..
Nlllilber
;
-Unit Size. ' "· · ~ax. Initial .
·of Poi~ <sq. ~-> · Mo1tth1y Rent _ ..
1 BD, lBA 22 52S . $374
l·BD, lBA 23 52S $433
1 BD, lBA 10 525 $551
2 BD, 1 BA 6 700 $447
2 BD, 1 BA 6 700. $518
Total 67
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144
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PRINT MEDIA .
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6. 7.
8. 9.
10. ATTACHMENTS:
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EXlt.IBIT "C"
CITY OF SIMI VALLEY
AFFORDABLE HOUSING AGREEMENT - OUTREACH PLAN
SIMI VALLEY HOUSING·INVESTORS, L. P.
PUBLICATION NAME/CITY
Certification of Publication
Sample Copy of Text
MEDIA SCHEDULE
DATES APPEARING
FROM TO
OFFICE USE ONLY
.------·
'-,'---..___,.,/
AD SIZE SECTION
.-,,
'-._./
145
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BROADCAST MEDIA
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3. 4. ..
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6. 7.
8. 9.
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ATTACHMENTS:
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EXHIBIT ''D"
CITY OF SIMI VALLEY
AFFORDABLE HOUSING AGREEMENT - OUTREACH PLAN
SIMI VALLEY DOUSING INVESTORS, L. P.
STATION/CALL #/FREQUENCY
Certification of Broadcast
Sample Copy of Text
MEDIA SCHEDULE
AIR DATES DURATION
<MINUTES}
! .
\
{
OFFICE USE ONLY
,--,,
~ . .,./
NO. OF SPOTS AIR TIME
AM/PM·
.
146
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PROJECT:
MANAGER:
Naine:
EXlllBIT "E"
CITY OF SIMI VALLEY
AFFORDABLE HOUSING PROGRAM
TENANT APPLICATION
Date:
------------------ ------
Address: Phone: ----------------- ------
Number of persons in household: __ _
List all persons to reside in unit:
Name Social Security Number Age
Total Household Income:
1) Previous Year's Annual Gross Income (Attach Verification) Naine Source Amount
Total Household Income:
2) Current Monthly Gross Income (Attach Venficauon)
147
' Name Source Amount
To.tal Gross Monthly Income:
The information on this form is provided solely for the purpose of determining eligibility for the City of .Sitni Valley Affordable Housing Program. This uµonnation is confidential and, except as may be required by the City of Simi Valley •Or Developer, any use of this information is strictly prohibited without written consent of the app}icant. Acknowledgment of this paragraph does not constitute written pennission.
I/We certify that the foregoing is complete·, true, and accurate to the best of my/our knowledge . and is verifiable by the most recent federal tax return and other income documentation provided herewith. I/We are aware that any misrepresentation in this application will constitute a material breach of my/our agreement with the Developer to rent or lease the unit, and will entitle the Owner to prevent or terminate my I our occupancy of the unit.
Signed: _______________ _ Date:
(Signature of all tenants over 18 years old required)
FOR OFFICE USE ONLY
· Income: ----------
Income Level:
Very Low
Low
Median
Moderate
Approved for Affordable Unit
Not Approved
Household Size:
---------
Comments:
Reviewed by: _________ _
Date: -------------
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EXHIBIT "F"
PROJECT: ------------
MAN AGER:
Name:
------------
CITY OF SIMI VALLEY
AFFORDABLE HOUSING PROGRAM
TENANT RECERTIFICATION
-------------------
Address:
-----------------
Number of persons in household: __ _
List all persons who reside in unit:
Date: -------
Phone: ------
Name Social Security Number Age
Total Household Income:
1) Current Monthl;: dross Income (Attach Verification)
Naine Source Amount
Total Gross Monthly Income:
The information on this form is provided solely for the purpose of determining eligibility for the City of Simi Valley Affordable Housing Program. This information is confidential and, except as may be required by the City of Simi Valley or Developer, any use of this information is strictly prohibited without written consent of the applicant. Acknowledgment of this paragraph does not 149
I/We certify that the foregoing is complete, true, and accurate to the best of my/our knowledge and is verifiable t,_y the most recent federal ~ and other income documentation ·provided herewith. I/We are aware that any misrq,resebi.ation in this application will constitute a material ,;,_,,.,.,,/ breach of my I our agreement with the Developer to rent or lease the unit, and will entitle the Developer to prevent or terminate my/our occupancy of the unit.
Signed: ______________ _ Date:
(Signature of all tenants over 18 years old required)
FOR OFFICE USE ONLY
Annual Income: ----------
Income Level:
Very Low
Low
Median
Moderate
Approved-for Affordable Unit
Not Approved
'Household Size:
---------
Comments: -----------
_,,~-- Reviewed by: _________ _
Date:
( )
150
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PROJECT:
MANAGER:
DATE NAME
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-
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EXHIBIT "G"
CITY OE: SIMI VALLEY
DEPARTMENT OF ENVIRONMENTAL SERVICES
AFFORDABLE HOUSING AGREEMENT MONITORING PLAN
Waiting List
ADDRESS PHONE· #OF HOUSE- VL 6M L· M M
BDRMS HOLD E 0 5 E 0 E 0
PREFER SIZE RW %0 w D D
y
/
s s n· s p T p DATEPLACEI
E E A IA WA IN UNIT
C N N NR OR
I D GE E
8 0 I LN N
R C ET T
A
p
\
'\1/Al'T'l!lr.. .. HRR
151
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PROJECT:
-MANAGER:
UNIT# RESII;>ENT NAME
I
\_· ·-.
'
'
DATE
MOVED
INTO
UNIT
,....--~
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EXHIBIT "H"
CITY OF SIMI VALLEY
DEPARTMENT OF ENVIRONMENTAL SERVICES
AFFORDABLE HOUSING AGREEMENT MONITORING PLAN . .
Affordable Housing Unit Summary Report
MOVE RENT RENT CURRENT TOTAL #IN #OF VL 6M IN ADJUST. ADJUST. RENT HOUSE- HOUSE- BED- E0 5 E RENT DATE AMOUNT HOLD HOLD ROOMS RW %D
INCOME y
' •.
;
~
-A
L M M s s H s p T
0 E 0 E E A I A w
w D D C N N NR 0
I D GE
8 0 I LN
R C ET
A
p
C"l ,._.a._~ A. n'1' 1 "T 'DO
152
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REQUESTED BY AND
WHEN RECORDED MAIL TO:
·CITY OF SIMI VALLEY
Ann: City C!erk
2929 Tapo Canyon Road
Simi Valley, CA 93063
EXIIlBIT "I"
SPACE ABOVE FOR RECORDER'S USE ONLY
The Undersigned declares that this document is recorded for !he benefit of the City of Simi Valley and therefore is exempt from the payment of a recording fee pursuant to Government Code Section 6103.
APN 500-0-400-385
DECLARATION OF CONDITIONS AND RESTRICTIONS
ON THE TRANSFER OF TITLE OR INTEREST IN REAL PROPERTY
(SIMJ VALLEY HOUSING INVESTORS, L. P.)
The land referred to is situated in the City of Simi Valley, County of Ventura, State of California, and more particularly described as: ·
Parcel 2, of Parcel Map No. LD-S-446, in the City of Simi Valley, County of Ventura, · State of California, as per Map recorded in Book 49, Pages 61 through 67 of Parcel Maps, in the office. of the County Recorder of said County.
Notice is hereby given that the property described herein is conditioned and the transfer of title and/or interest restricted by the City of Simi Valley(City)/SimiValley Community Development Agency(Agency} as set forth in that document entitled Affordable Housing Agreement/ Rental (the "Agreement", recorded on · · as instrument number _________ _ _ in the Official Records of the Office of the County Recorder, County of Ventura, State of California, which is hereby incorporated by reference herein.
Said restrictions expressly prohibit the transfer of title, assignment of rights, or delegation of duties without the express wriuen consent of the City/ Agency. Said consent shall be conditioned upon the City/Agency's receipt of written evidence from the Buyer/Transferee at least 30 days prior to said. consent that he/she has been fully informed of the terms of -the Agreement and the benefits/burdens conferred therein and agrees to assume all of the duties and obligations, as well as the rights· and benefits that the existing Developer/Seller enjoys under the terms of the Agreement.
Said restrictions further require the following:
1. The Developer/Owner shall give at least 30 days written notice to the City/ Agency prior to any contract to sell any interest in the property. Said notice shall be personally delivered or sent by certified mail, return receipt requested, to:
City of Simi Valley/Simi Valley
Community Development Agency
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attention: Director of Environmental Services
153
2. The title company shall immediate notify the City/ Agency of any attempt to sell or transfer the herein descr-ibed property. The No,tfce shall be personally delivered or sent by certified mail, return receipt requested to the address noted above.
3. The escrow company shall immediately notify the City/Agency of any attempt to sell or transfer the herein described property. The notice shall be personally delivered or sent by certified mail, return receipt requested to the address noted above.
As a condition precedent to the operiing of escrow, the D~veloper/Owner, designated agent(s) of the Developer/Owner, and the escrow officer each have an affirmative duty to fully disclose the tenns of the Agreement to each Buyer. Escrow may open only ·upon receipt of the Buyer'·s sjgned and dated statement acknowledging receipt ofa copy of the Agreement.
ANY ATTEMPT TO TRANSFER TITLE OR ANY INTEREST IN THE PROPERTY DURING
THE TERM OF THE AGREEMENT AND IN VIOLATION OF -SAID AGREEMENT AND THIS DECLARATION, SHALL CAUSE SAlD TRANSFER TO BE VOIDABLE AT THE ELECTION OF THE CITY/AGENCY.
IN WITNESS THEREOF, the parties hereto have executed this instrument on the day of . · , 1998. .
City of Simi Valley/Simi Valley
Community Development Agency,
· A Municipal Corporation
.............
Mike Sedell, City Manager/
Executive Director
Dated: _____ '---.,-----
Simi Valley Housing Investors, L. }:>.
A California Limited Partnership
By: Simi Affordable Housing, Inc.
I~-=:- . General .PartQer
By:
Its:
Dated: ___________ _
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154