12 Urban Street Angels expects to have the third consecutive audit of the organization’s financial statements completed with a copy of the Audit Report and Management Letter immediately available for review. INTERNAL FINANCIAL POLICIES & PROCEDURES (cont’d) Thereafter, it is expected that the basis upon which to successfully complete the successive years of financial statements will have been established by the organization.
9. Inventory of assets controlled by Urban Street Angels is tracked on a quarterly basis, with asset tags utilized to identify Urban Street Angels business personal property, as well as the business personal property of the County of San Diego, the City of San Diego, HUD / Regional Task Force on Homelessness, etc.
10. Authorizations and approvals for fiscal items are as follows:
a. Contracts / Grants: President / CEO
b. Claim Reimbursement / RFR: President / CEO
c. Expense Reimbursement: President / CEO and Chief Financial Officer d. Leases (property, financial, etc.): President / CEO
e. Checking Accounts: President / CEO, Chief Operations Officer, and Board of Directors f. Credit Card Accounts: President / CEO and Chief Financial Officer g. Financial Processing Accounts: President / CEO and Chief Financial Officer h. Timesheets: President / CEO, Chief Financial Officer, Chief Operations Officer, Chief Programs Officer, HR Coordinator, and Managers / Supervisors
11. In furtherance of maintaining a strong risk management posture, Urban Street Angels will utilize a system of financial disclosure reporting for directors, officers, and staff with independent/unsupervised fiscal responsibilities. This reporting will be requested of at least the following individuals on a regular basis for submission to the Chairman of the organization’s Board of Directors:
a. President / CEO
b. Chief Financial Officer
c. Treasurer of the organization’s Board of Directors
b. Describe your organization’ s policies on financial requests from clients and client possessions and fund management.
Urban Street Angels, Inc. does not accept any payment from the organization’s program clients for any reason .
For the avoidance of doubt, supportive housing and all other services are provided at no cost to the client.
Within certain of the organization’s programs, however, clients may request flex funds or direct client financial assistance from Urban Street Angels, Inc. In such instances, there is a specific set of guidelines that must be followed prior to authorized disbursement of such funds.
As an operator of independent living facilities, Urban Street Angels, Inc. permits clients to possess a reasonable amount of personal property in its facilities, but does not accept any responsibility for those possessions. c. Describe your safety policy for the property including property maintenance, fire and earthquake safety, fire prevention and inspection and maintenance schedules.
Urban Street Angels property safety policy prioritizes a safe and well -maintained environment. This includes regular property maintenance, such as landscaping, pest control, and repairs to ensure the property is in good condition. Fire and earthquake safet y are paramount, with a focus on fire prevention measures like regular inspections of electrical systems, fire extinguishers, and smoke detectors. A comprehensive inspection and maintenance schedule is in place to address potential hazards proactively and ensure the property remains safe for occupants.
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13 d. Describe on -site safety and security plan addressing secured entrances, on- site security personnel,, alarms, cameras, lighting loitering policy, de-escalation policy, entrance and exit procedures, client storage, weapons on site, and procedure of contacting police.
The on-site safety and security plan prioritizes a safe and secure environment for staff and participants. Key elements include:
• Secured Premises: Controlled access points, secure doors, and visitor management systems restrict unauthorized entry.
• Enhanced Visibility: Adequate lighting, security cameras, and regular patrols to enhance visibility and deter crime.
• Proactive Measures: A strict no-loitering policy, de-escalation training for staff, and a prohibition on all weapons contribute to a safe atmosphere.
• Emergency Preparedness: Clear procedures for contacting police, handling emergencies, and providing first aid are in place.
• Continuous Improvement: Regular security assessments and staff training ensure the plan remains effective and adaptable to evolving needs.
In addition, the program will be staffed 24/7 with the 3.60 FTE Residential Services Coordinators assigned different shifts ensuring an awake staff is on duty at all times. e. Describe your health policies related to possession of controlled substances, drug possession, security, use and access to prescription medications, use of over-the counter medications, client access to emergency and medical care, first aid equipment, supplies and procedures and policies and procedures for disease prevention.
1. Controlled Substances & Drug Possession:
a. Zero-Tolerance Policy: Possession, sale, or use of controlled substances that are illegal in California is strictly prohibited. Consequences: Violations will result in immediate termination. The use or possessing of controlled substances that are legal in California or alcohol while at the program site will result in termination after repeated violations.
2. Security Measures: Security measures will be implemented to deter and detect drug possession, such as:
security cameras, random searches (conducted with appropriate legal considerations) and d rug-free workplace policies.
3. Prescription Medication (for participants): All participants are responsible for their medication. Urban Street Angels will encourage prescription to be stored securely in a designated area (e.g., locked medication cabinet) and will require the medication is accompanied by a valid prescription and physician's instructions.
4. Over-the-Counter Medication (for participants): A limited selection of over -the-counter medications (e.g., pain relievers, antacids) may be available for participant use in designated areas. They will be stored securely and appropriately to prevent misuse contamination.
5. Participant Access to Emergency Medical Care: See attached “2025 - Emergency Protocol Manual”. This manual clear ly establishes emergency procedures for all situations and identifies emergency contact numbers.
6. First Aid, Equipment, Supplies: Urban Street Angels maintains well-stocked first aid kits in easily 10/02/2025
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14 accessible locations throughout the facilities. Further, staff conducts regularly inspections of all first aid supplies and equipment.
7. Disease Prevention:
a. Infection Control Practices: USA implements and enforces strict infection control practices, including:
i.Handwashing protocols for all staff and participants. ii.Use of personal protective equipment (PPE) when appropriate (gloves, masks). iii.Proper cleaning and disinfection procedures.
iv.Tuberculosis test for all participants.
b. Outbreak Preparedness: USA has procedures in place for responding to potential outbreaks of infectious diseases (e.g., influenza, COVID-19). USA has a complete policy and procedure in place for infectious disease outbreak response.
c. Health Education:
i. USA provides staff and participants with education on healthy habits (handwashing, hygiene, healthy eating, etc.).
f. Describe food policies related to the provision of nutritional needs of clients, meeting health department standards and provision for sanitary storage and food preparation.
USA will provide three meals a day and nutritious snacks for all program participants, all of which adhere to the Dietary Guidelines for Americans , are age appropriate in terms of size and meal composition, accommodate allergies (i.e. nuts, dairy, gluten, soy), are considerate of ve getarian, vegan and other dietary preferences, and responsive to any medical conditions.
USA adheres to all Health Department requirements and all individuals involved in meal preparation are required to have a valid Food Handler’s Card. Our policies and procedures for food include safe storage, safe preparation, sanitation, required staff training, personal hygiene, and pest control. g. Include your organization’ s most recently filed annual audit and financial statement (as a separate attachment, not included in the narrative.
USA has attached the audited financial statement for fiscal year 2019. More recent audits are currently in the process of completion. We have attached a 990 statement for 2023 for additional information. Items are attached as Item 3 of the Vendor Questionnaire
Client Services
a. Describe admission criteria and procedures including:
I. Client rules and guidelines and how clients are involved: Upon enrollment in the program, TAY receive a packet, including a booklet entitled “Terms of Service” which describes their rights as a participant in the program, their responsibilities while enrolled in the program and behavior s or actions that may result in immediate termination or disciplinary action that may lead to terminations. Youth and the Case Manager are required to sign and date the Terms of Service. In addition, TAY are provided with Program Structure and Expectations, which include rules related to coming and going, noise, no illegal substances and no tobacco or vaping, no loitering around the property, no weapons or threatening behavior, curfew and how to file a complaint . All policies and procedures are available for review and approval of the City of Vista. 10/02/2025
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15 II. Identification requirements: By implementing and upholding the Housing First model, Urban Street Angels strives to break the cycle of homelessness, promote dignity, and empower individuals to rebuild their lives with the security of a stable home. This policy underscores our dedication to providing compassionate and effective solutions to address homelessness in our community. USA adheres to the Housing First model, with low barrier access to services. Enrollment does not require personal identification documents.
III Screening requirements:
• Does not require a minimum level of income.
• Does not require payment or ability to pay.
• Does not screen out for substance use offsite of the USA program. • Does not screen out for criminal record except as mandated by Applicable Law • Does not screen out TAY with a history of victimization. • Does not screen out for findings on credit reports, such as bankruptcies or evictions. • D
oes not terminate assistance for failure to participate in supportive services, making progress on a service plan, or loss of income or failure to improve income. • Does not require medication adherence for any medical condition. • Does not require participation in religious services or activities.
IV Bed reservation system
USA does not have a bed reservation system. Our goal is to get homeless TAY off of the street immediately whe
never possible. USA determines eligibility for homelessness at intake, using the U.S. Department of Housing & Urban Development (HUD) definition, as outlined in 24 CFR Parts 91, 582, and 583. The Intake form comprehensively documents how the participant satisfies the HUD definition of homelessness, specifying the type of verification employed. Staff provide participants with resources to secure third-party verification, and participants are allowed to self-certify at the program's intake until third-party verification is obtained.
V. Intakes: USA has instituted the following protocols to facilitate the welcoming of participants into the program:
1. P articipant arrives on site with their belongings.
2. P
articipant is greeted by staff and belongings are searched for contraband / weapons.
3. Assigned Case Manager proceeds with intake process including:
a. Intake packet
b. Individual Service Plan (ISP) addresses housing, financial, education, employment, and self- sufficiency within 48 hours of participant’s intake.
c. A
Release of Information and Multiparty Authorization to Use and/or Disclose Information d. Verification that participants are free from infectious disease upon intake. e. Collect vital documents, if available.
f. Program rules
g. Day- to- day operations
h. Introduction to st aff
i. Introduction to job opportunities and Trade Schools
j. Tour of facility
k. Taken to assigned room
l. Issue Welcome Kit
i. A photo is taken Key Fob
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16 iii. Hygiene Supplies - soap, towel, toothbrush, and toothpaste. iv. Information Guide (Contacts, Hours of Daily Routines) v. Take all belongings to the laundry room and wash their personal possessions.
4. of each participant for security drive
VI. Day leave
The TAY Transitional Housing program is based on TAY having 32 hours per week meaningful hours for appointments, school, work and other activities. Curfew is at 11:00 pm and lasts until 5:00 am daily. Participants are asked to be in their assigned room / bed at 11:00pm - 5:00am with lights out for bed check. If participant does not return to the facility for curfew check 3 consecutive nights without communication participant is subject to withdrawal from the program.
VII. Hours of operation: The Program’s hours of operation are 7 days a week, 24 hours a days, weekends and holidays included.
b. Provide a brief summary of the types of services available for clients including:
I. Type of services and expected outcomes : USA provides Case Management services, including housing navigation; developing individualized support plans ; conducting intake assessments, developing individualized support plans; conducting mental health assessments and referrals ; and addressing behavioral health concerns, including substance use, by referral to the appropriate level of care utilizing services funded by the County of San Diego’s Behavioral Health Services, Medi -Cal and other resource. Case management includes e nsuring participants have access to and are using physical and dental health services; providing assistance with participants in obtaining and maintaining income, identification, public benefits, such as CalFresh, Medi -Cal, etc ; and providing crisis intervention support as needed; and collaborating with community partners to secure housing resources. As a result of case management services, TAY will have completed the VI-SPDA T and been enrolled in the City of Vista’s Homeless Information System. TAY will be linked to rapid housing providers and prepared to move from homelessness to permanent housing. All TAY will be linked to a physical health provider, behavioral health if indicated and to a full array of community resources that will assist them in maintaining their housing.
The program will include group and individual life skills workshops provided by the Life Skills/V ocational Specialist and by volunteers from the community with specific skills, such as menu planning, cooking, budgeting, cleaning, gardening, resume writing and conducting job searches. Upon graduation, TAY will have the basic skills needed to take care of their personal and financial needs and maintain their housing.
All TAY will have access to USA’s Trade School program with its current array of over 32 trade schools , Enrollment in a Trade School program also entitles TAY to access to the agency’s scholarship fund to assist in paying tuition, books, clothing, etc. to allow youth to enroll in the school. During the first year of USA ’s Trade School Program, 40 TAY enrolled in our Trade School program and 38 of these youth have full time employment.
Only two TAY dropped out of the program. USA views the Trade School program as a critical art of the continuum of care needed to support the homeless TAY population, as gainful employment is a vital foundation for successful permanent housing.
The program will provide opportunities for outings and other recreational activities, yoga and health and wellness programming to further the overall wellbeing of TAY .
II. Length of stay for clients and ability to extend: The typical length of stay is up to 9 months but is based on the needs of TAY . Some are ready for rapid rehousing within the first few months and others need additional time.
III. Level and type of supportive services (on and off site) : The level of supportive services is dependent of the individual needs of each TAY as identified in their Individualized which is developed by the TAY and Case 10/02/2025
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17 Manager. Most need a more intense level of supportive services to obtain documents such as ID, birth certificates, and with completing applications for financial assistance, the VI-SPDAT and being entered into the City’s Homeless Information System. Some need assistance in learning how to use public transportation, enrolling in a college program, applying for a trade school or reconnecting with family.
I V. Location of the services: 727 Ascot Drive, Vista CA 92083.
V . Proposed source funding for the services: USA has secured bridge funding from private donors to cover the first year of program operation. USA is reviewing a variety of on- going funding opportunities, including access to Medi-Cal reimbursement for housing which is projected to be available in June of 2025. We are also looking at the possibility of licensing some of the beds as mental health and/or substance use beds, depending on the needs of the TAY . The passage of Proposition 1 is additionally expected to create more funding for homelessness.
VI. Describe the level and frequency of case management : The level of case management is 1:16/17, with a minimum weekly contact with TAY . In the early stages of program enrollment some will need more than weekly contact with the Case Manager and as they move to greater independence, the weekly encounter may be just checking in. At any time during the program, case management may need to be more frequent than once a week if a TAY is in crisis.
c. Describe transportation policies including how clients will access property, staff transportation of clients, bus and client transportation services, delivery of Program goods and community donations.
USA has secured the purchase of a van for the program through a grant from Las Patronas. The van will be used to transport TAY to appointments, etc. and for group outings as well as for shopping, picking up donations, etc.
In addition, we purchase bus passes for youth and teach them how to use public transportation to ensure their ability to get to appointments, school, and work when permanently housed. d. Describe if and how the Program will accommodate pets and service animals USA has policies in place which provide guidelines for program participants who wish to bring their Service Dogs and Emotional Support Animals into Urban Street Angels (USA) transitional housing program, including the need for vaccinations, the animal is not aggressive and that the participant is fully responsible for the animal. The goal is to create a safe and healthy environment for both people and animals. e. Describe how your organization will work with City’ s project manager and staff to influence the design of the Program and Property.
The Program Manager and USA’s Chief Program Officer will be available to meet with the City’s project manager and to submit updates on Program progress accomplishments at public and private meetings as directed by the City’s project manager.
f. Describe how clients will be connected to permanent affordable housing. USA works diligently to ensure that TAY have access to a full array of housing options through the development of collaborative relationships with property owners, including builders and developers. he Case Manager will ensure that all TAY are entered into the City’s Homeless Information System and will provide housing navigation for all TAY enrolled in the program.
6. Proposed Annual Operating Budget
The proposed annual budget has been attached as Attachment3 10/02/2025
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18 a. Description of the financial system utilized by the proposer. Identify whether your organization has sufficient funds to sustain the program for a minimum of three months until reimbursement of expenditures is received.
Please see Attachment 5 for verification that USA has $150,000 in reserves and the ability to access as much as $375K in A/R financing each month.
The following section contains brief summary descriptions of the policies and procedures utilized within the A
ccounting & Finance function at Urban Street Angels, Inc. (“Urban Street Angels”). These policies and procedures will be leveraged by finance staf f at Urban Street Angels to monitor the organization’s financial condition and ensure that City of San Diego funding, County of San Diego / State of California funding, federal funding, and other revenues sources within the organization are adequate to meet program requirements.
1. Urban Street Angels aims to close its books by the 10th day of each month, with all invoices / requests for reimbursement completed and submitted by the due date(s) established by the organization’s various funding partners. In the event that no due date has been established by a funding partner, the organization aims to complete and submit invoices /requests for reimbursement by the 12th day of each month.
2. After closing the books, the organization’s Chief Financial Officer reviews each contract’s revenue and expenditure reports on a monthly basis, followed by meetings with the organization’s Chief Operations Officer, Chief Programs Officer, and the various program management teams on a regular basis to disseminate financial updates. Updated financial reporting is provided to Program Managers on a “real time” basis for access to the monthly expenses (actuals vs. budget) at any time. The organization’s finance staff is available to address any questions or concerns at the program level.
3. Bank statements (U.S. Bank, Comerica Bank) are reviewed in a timely manner. The revised bank reconciliation process in QuickBooks Online and the management approval process is typically completed by the 10th
day of the following month.
4. As part of the closing process, the organization’s Fiscal / Program Analysts review the Aging reports and underlying correspondence, notifying the Chief Financial Officer of any overdue invoices.
5. The Chief Financial Officer reviews the financial performance of each program with the President / CEO on a quarterly basis and more frequently on an informal basis, and he provides a review of the organization’s financial results and an MD&A guide to the Board’s Treasurer every quarter, as well. The Treasurer presents this information to the organization’s Board of Directors during quarterly Board meetings. Once the financial statements have been reviewed, draft statements are submitted to the Board for final approval.
6. At the close of the fiscal year, related expenses are accrued in the appropriate period to ensure that the year - end financial statements reflect all expenses incurred during the fiscal year. Urban Street Angels aims to close the year-end books no later than thirty (30) days after the end of the fiscal year. b. Describe your organization’ s personnel policy manual with an affirmative action plan and grievance procedure. Attach a list of the Board of Directors and resumes of key staff including program manager and fiscal officer.
It is the policy of Urban Street Angels, Inc. to ensure equal employment, subcontractor, intern, and volunteer opportunity without discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, national origin, genetic information, or any other characteristic. USA staff may submit confidential, good faith feedback (including compliance, privacy, and/or ethical concerns) to USA ’s Human Resources (“HR”) department at any time, without any risk of reprisal or retaliation. The Organization’s Human Resources Department has relevant training (via the HRCI Professional in Human Resources – California [PHRca] certification process), along with ongoing access to subject matter training across the full HR spectrum and access to an HR hotline through the California Employer’s Association.
This subject matter expertise helps guide and inform the Organization’s action plans under such circumstances. 10/02/2025
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19 Anonymous, written feedback may also be submitted to USA’s HR department by placing it in one of the black, locked mailboxes located in the USA Center facility, including in the Break Room on the second floor, the Recreation Room on the second floor and in the administrative corridor on the fourth floor.. Mailboxes are checked daily, and all feedback is accepted, documented, and addressed promptly typically within 1 – 2 business days, and sooner where an exigent or safety-related circumstance might exist). In the event of corrective action taken, such actions are scheduled as soon as possible.
USA program clients may submit public or confidential feedback (including compliance, privacy, a
nd/or ethical concerns) to USA’s program staff or Chief Operations Officer at any time, without any risk of reprisal or retaliation. The Organization’s program staff possess training (along with ongoing access to subject matter training across the social services spectrum) that help guide and inform their action plans under such circumstances. Mailboxes are checked daily, and all feedback is accepted, documented, and addressed promptly (typically within 1 – 2 business days, and sooner where an exigent or safety-related circumstance might exist). If corrective action is taken, such actions are scheduled as soon as possible.
See Attachment 4 for a list of USA’s Board of Directors. See Attachment 2 for resumes of USA ’s Chief Program Officer and CFO.
c. Identify w hether your organization has liability insurance coverage, in what amount and what insurance agency. Also identify whether your organization pays all payroll taxes and worker’ s compensation as required by Federal and State Law. Does your organization have fidelity bond coverage for principal staff who handle the agency’ s account, in what amount and with what insuring company.
USA has liability insurance coverage with Houston Casualty Company in the amount of $2,000,000 per occurrence and 1,000,000 per auto. USA pays all payroll taxes and worker’s compensation as required by Federal and State Law. USA has a Fidelity Bond in the amount of $500,000 with Travelers Casualty & Surety Company America.
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Attachment 1– List of year-round Transitional Housing and/or similar programs Name of housing, location total number of beds
• Program Name: Short-Term Transitional Housing- funded by the County of San Diego HHSA • Location: 7911University A ve., La Mesa 91942
• Total
number of beds: 40 beds for homeless TAY with behavioral health condition • Length
of operation: 2016 – present
• Program Name: JBU - funded by the County of San Diego • Location: 1404 5th Avenue, San Diego, 92101
• Total number of beds: 15 beds for homeless TAY with Serious Mental Illness and history of acute care needs and/or justice involvement
• Length
of operation: 2018- Present
• Program Name: Transitional Housing– funded by Regional Taskforce on Homelessness • Location: 4551 Spring street La Mesa 91941
• Total number of beds: 12 beds for homeless T AY without condition of SMI diagnosis • Length of operation:
• Program Name: Emergency Shelter – funded by the San Diego Housing Commission • Location: 1404 5th Avenue, San Diego, 92101
• Total number of beds: 52
• Length of
operation: Opened in 2020 with 19 beds, expanded by 33 beds in 2023 for total of 52 •
• Program Name: Rapid Rehousing
• Location: 4551 Spring street La Mesa 91941
• Total number of beds: 6
• Length of
operation: 2024 to present
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San Diego, CA
Tanya Zepeda, BSW
Professional Experience
Urban Street Angels
Chief
Programs Officer
January 2025 – Present
• Responsible for establishing the goals, impact measures and strategic direction of Urban Street Angels programs. • Responsible for all program planning, management, coordination, evaluation and staffing across Urban Street Angels’ core programs which include Transitional Housing programs, Emergency Shelter, Trade School Scholarship program, Supportive Services programs, and Occupational Therapy programs. • Manage and lead the Program departments, monitoring performance, performing annual reviews and building team cohesion.
• As a member of the Executive Management team provide leadership and input for all strategic planning processes with the CEO and staff.
• Oversee Program Managers to ensure appropriate program growth and long-term strategic sustainability for their programs.
• Provide effective, inspiring leadership, as well as stewardship of Urban Street Angels’ resources by being actively involved in and overseeing all programs and services. • Ensure that Urban Street Angels services are following all local, state, and federal regulations, certifications, and licensing requirements.
• Oversee the coordination, integration, and delivery of all programs, contracts and related services, promoting collaborative relationships between program areas and ensuring that the expectations of funders, partners, constituents, clients, and other stakeholders are consistently met. • Work closely with the finance department to budget and monitor housing and programmatic operations to ensure sound fiscal and system management.
Urban Street Angels San Diego, CA
Director of Programs May 2024 – January 2025
• Managing and analyzing financial information for multiple programs, including revenues and expenditures, to ensure all operations are within budget.
• Ensure overall program compliance for homeless programs and grants. • Directly supervise and support the homeless program teams comprised of the Program Managers, Case Managers, Certified Peer Specialists, and Residential Service Coordinators. • Work alongside the Leadership Team to develop programs and projects to support the current work and expansion of the programs.
• Develop monthly, quarterly, and annual reports to clearly and effectively communicate programmatic outcomes with funders and community supporters.
• With program leadership, troubleshoot barriers for any client issues that arise.
Urban Street Angels San Diego, CA
Program Manager December 2022 – May 2024
• Responsible for operations of a housing program; supervision of housing staff, reporting, invoicing, and housing inventory.
• Responsible for intake and discharge of all clients and monitored occupancy levels. • Submitted monthly billing reports to the County.
• Supervised Case Managers, Peer Support Specialist, and Overnight Security. Provided coaching, mentoring, training and discipline as appropriate to develop staff. Conducted Performance Evaluations on an annual basis.
• Prepared and reviewed monthly, quarterly and annual reports which include, but are not limited to the following data: occupancy rate, client demographic information and program eligibility. • Maintained a case load of both active and pending clients. • Maintained appropriate records and completed all relevant agency forms, doing so in a confidential and professional manner.
• Developed employment plans for each client to maximize their success upon program completion, Attachment 2 - Resumes of Key Staf
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identifying employment barriers.
• Developed and enforced program rules as outlined in the Client Handbook. • Participated in staff meetings, in-service training, and workshops deemed appropriate Riverside County – Department of Public Social Services San Diego, CA Social Services Practitioner III January 2020 – December 2022 • Carry a caseload of the more difficult types of social service cases requiring a high degree of technical competence where social or family problems or environmental forces adversely affect family life; assess client's problems and develop treatment plans.
• Complete case studies for the purpose of assessing problems and determining appropriate types and methods of treatment; develop intensive long or short-term treatment plans to improve or restore individual or family functioning.
• Act as a casework consultant to staff members without professional training. • Investigate and provide services to clients where their physical or emotional welfare is involved; work with cases involving neglect, abuse, emotional or behavioral problems, physical/mental disabilities or other health conditions affecting a client's personality, family relationships, child, or in-home care arrangements. • Interpret public social service rules, regulations, and policies to clients and the public. • Maintain casework records and prepare reports and correspondences.
Education
San Diego State University San Diego, CA Bachelor of Arts in Social Work May 2018
● Cumulative GPA: 3.78 | Honors: Magna Cum Laude
References
Kevin Ledgard
Chief Financial Officer
Urban Street Angels
[email protected]
Lisa Mazurek
Licensed Social Worker
Mentor
[email protected]
Eric Lovett
Founder and Executive Director
Urban Street Angels
[email protected]
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KEVIN LEDGARD
San Diego, California
EXPERTISE AND QUALIFICATIONS
§ Innovative executive with 25+ years of progressive experience, a track record of streamlining operations and maximizing shareholder value in both for profit and NPO settings, and expertise in the areas of Financial Planning & Analysis, Corporate Strategy, Mergers & Acquisitions, comp liance programs / developing financial controls and processes, and start-up business operations. § 25+ years of leadership experience involving budgeting and forecasting, complex economic modeling , and the cohesive development of strategic plans , infrastructure designs, and operational roadmaps designed to achieve / exceed financial targets. § Over 40,000 hours establishing and developing the finance and strategy functions for organizations across the full business lifecycle (start-up stage through growth stage) in the technology, media / en tertainment, information services, retail and NPO sectors. § Relevant experience building / managing teams overseeing accounting, finance, human resources, IT, legal and facilities functions. § Extensive experience managing relationships with vendors, service providers / subcontractors, capital markets and investor groups (seed-stage, ventur e capital, private equity, and WS equity analysts), along with leveraged finance and strategic partners.
SELECTION OF PROFESSIONAL EXPERIENCE
Chief Financial Officer | Urban Street Angels, Inc. + 8 West [NPO and social enterprise] S an Diego, California (2014 – present) § Responsibilities include providing strategic guidance to the President / CEO, along with the organization’s Board regarding growth and financing options, org. infrastructure, and day-to-day management of the finance, strategy and administrative functions. § Revenue has increased over 225x from 2013 to 2024, with multi-year, earned revenue contracts serving as the principal driver. § During that timeframe, over $5M in long-term, earned revenue contracts have been negotiated following competitive RFP processes.
Principal + Strategic Advisor | Stealth Ventures LLC San Diego, California (2008 – 2014) § Responsibilities included the provision of seed -stage capital, strategic advisory services and management consulting services for start-up ventures within th e information services, technology and retail sectors.
Chief Financial Officer (and early stage investor) | Red Mango, Inc. Culver City, California (2007 – 2008) § Responsibilities included oversight of all accounting, finance, human resources, investor r elations, legal and real estate functions for a venture capital-backed r etail start-up company that operated over 200 locations across the U.S.
Vice President, Finance & Strategy (and Corporate Secretary) | PSI Services LLC Burbank, California (2002 – 2007) § Responsibilities included management and oversight of finance, strategy and corporate administration functions for a private equity- backed market leader in the human capital space (including pre-employment selection testing and assessment, licensure and certification services for regulatory agencies and organizations, and related information services and training programs). § Company revenue increased over 4x during tenure; company EBITDA increased almost 7x during the same period. § Successfully led the company’s sale for over $110 million to a boutique private equity fir m in late 2006 via a two -stage auction process, an effort that delivered to the shareholders a 5x + increase in market val ue from 2002 through 2006.
Manager, Corporate Finance | Stamps.com Inc. Santa Monica, California (2000 – 2002) § Responsibilities included oversight of all finance functions for a publicly-traded internet company with venture backing through its acclaimed IPO and blockbuster secondary offering, along with multiple major acquisitions and divestitures. § Successfully spearheaded engagements with investment banks related to equity financing and strategic alternatives.
ACADEMIC PROFILE
Bachelor of Science (B.S.) in Business Administration (Finance) | San Diego State University S an Diego (1991 – 1995)
Doctor of Jurisprudence (J.D.) [discontinued studies after 1st year] | Pepperdine University School of Law M alibu (1995 – 1996)
Awards: National Merit Commended Scholar (1990); Member, Finance & Investment Society (San Diego State University)
Previous Securities Licenses [FINRA]: Series 3 (Commodities + Futures) and Series 30 (NFA - Branch Management) references available upon request
Attachment 2 - Resumes
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URBAN STREET ANGELS, INC.
Financial Planning & Analysis
Project Vista Expansion - Pro forma Operating Budget
YEAR 1 YEAR 2 YEAR 3
STAFFING TOTAL TOTAL TOTAL
Program Manager (1.00 FTE) 95,288.00$ 101,005.00$ 107,065.00$ Case Manager / Housing Specialist (1.00 FTE) 73,993.00 78,433.00 83,139.00 Life Skills Specialist / Vocational Specialist (1.00 FTE) 62,687.00 66,448.00 70,435.00 Residential Services Coordinator (3.60 FTE) 214,764.00 227,650.00 241,309.00 STAFFING 446,732.00$ 473,536.00$ 501,948.00$
FACILITIES TOTAL TOTAL TOTAL
Monthly Rent -$ 77,250.00$ 79,568.00$ Utilities (electric/gas, water/sewer, recycling, ISP, etc.) 36,000.00 37,800.00 39,690.00 Maintenance - Internal 16,239.80 17,214.00 18,247.00 Maintenance - External (e.g. pest control) 3,000.00 3,150.00 3,308.00 Cleaning 15,600.00 16,380.00 17,199.00 Security / Cameras 3,600.00 3,780.00 3,969.00 Other 6,000.00 6,300.00 6,615.00 FACILITIES 80,439.80$ 161,874.00$ 168,596.00$
OPERATING EXPENSES TOTAL TOTAL TOTAL
Client Engagement 3,000.00$ 3,120.00$ 3,245.00$ Community Engagement - - - Computer Equipment / Devices 5,400.00 5,616.00 5,841.00 Equipment Repairs - - - Facilities - Repairs and Maintenance - - - Flex Funds - - - Food and Beverage 20,400.00 21,216.00
22,065.00
Furniture, Furnishings and Equipment 27,200.00 28,288.00 29,420.00 Insurance 21,000.00 21,840.00 22,714.00 Mailing and Shipping 960.00 998.00 1,038.00 Marketing - Expenses - - - Minor Equipment 8,000.00 8,320.00 8,653.00 Miscellaneous - - - Office Supplies 1,500.00 1,560.00 1,622.00 Personal Needs Items 6,800.00 7,072.00 7,355.00 Professional / Business Services 2,400.00 2,496.00 2,596.00 S
taffing, Employee Development & Training 3,000.00 3,120.00 3,245.00 Subcontractor Compensation - - - Telecommunications 4,800.00 4,992.00 5,192.00 Tenant Improvements - - - Transportation - TAY 9,792.00 10,184.00 10,591.00 Transportation - Group (and mileage) 3,600.00 3,744.00 3,894.00 Travel & Entertainment - - - USA - Taxes, Fees & Service Charges - - - OPERATING EXPENSES 117,852.00$ 122,566.00$ 127,471.00$
INDIRECT TOTAL TOTAL TOTAL
10% de minimis rate 64,502.38$ 75,797.60$ 79,801.50$ GRAND TOTAL 709,526.18$ 833,773.60$ 877,816.50$ Annual Cost per Bed 59,127.18$ 69,481.13$ 73,151.38$ Monthly Cost per Bed (based on 17 beds) 4, 927.27 5,790.09 6,095.95 vs.
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NAME BACKGROUND 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Eric Lovett - Maerz Insurance; Founder, Pres. / CEO - USA X X X X X X X X X X X [email protected] 235 Market Street unit 412 San Diego, CA 92101 Tim Pestotnik Attorney X X X X X X X X X
[email protected] 1287 Trieste Drive San Diego, CA 92107 Louise Groskruger Executive (Social Service) X X X X X X X [email protected] 228 La Barranca Drive Solana Beach, CA 92075 Lisa Alves Executive (Pharmaceuticals - retired) X X X X X X [email protected] 53 Green Turtle Road Coronado, CA 92118 Larry Potter Executive (Insurance Services) X X X X X X [email protected] 3491 Cooper Street San Diego, CA 92104 Chase Wilsey Financial Services X X
[email protected] 12480 Pomerado Place, San Diego, CA 92128 Rochelle Manns IT Specialist / Business Owner X
[email protected] 10231 Graphite Street, Spring Valley, CA 91977 Deme Hill Executive - Social Services X X X
[email protected] 4666 Baxter Court, San Diego, CA 92117 Karin Vogel Senior Counsel - Law X
[email protected] 501 West Broadway, 18th Floor, San Diego, CA 92101 Jennifer Zamora Senior Property Manager - Cush Plaza X
[email protected] 4367 Cherokee Ave, Unit B, San Diego, CA 92104 URBAN STREET ANGELS INC.
Federal Tax ID: 46-5055513
Board of Directors
Publish Date: 11/15/2024
END OF ROSTER
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Attachment 5 - Documentation of Reserves
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RECORDING REQUESTED BY AND
WHEN RECORDED PLEASE MAIL TO:
City of Vista
200 Civic Center Drive
Vista, CA 92084
Attn: Housing & Homeless Services Division
DOC# 2025-0223329
IIIIIIIHIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Aug 14, 2025 09:12 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $ 91.00 ( SB2 Atkins: $ 0.00)
PCOR: N/A
PAGES: 22
FEE EXEMPT PER GOVT. CODE § 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY)
REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS
AFFORDABLE HOUSING OBLIGATION
City Council Resolution No. 2022-130)
ASSESSOR'S PARCELS NO. 166-184-10-00, 166-184-09-00 and 166-183-17-00 This REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (" Developer Covenants") dated as of j Sr _ 51., 2025 ( the " Date of Agreement") is made by and between the CITY OF VISTA, a California chartered municipal corporation, (" City") and 1205 MELROSE WAY, LLC, a California limited liability company (" Developer") for the purpose of imposing certain affordable housing covenants and restrictions on that real property known as A.P.N. I66-184-10-00, 166-184-09-00 and 166-183-17-00 (" Land") located in the City of Vista, County of San Diego, State of Califomia which is more particularly described in Exhibit A attached hereto and incorporatedherein by reference. Developer is the fee owner of the Land as of the Date of Agreement.
RECITALS
A. Developer proposes to develop on the Land a residential development consisting of fifteen ( 15) detached single family residences ( such improvements with the land upon which a residence is situated being referred to herein as a " Unit") and associated improvements as provided in the land use approvalswith respect to the Land previously given by City ( the " Development").
B. City of Vista Development Code, Chapter 18.90 Residential Density Bonus Ordinance consistent with and in implementation of California Government Code section 6591 et seq.; which State law, together with Chapter 18.90, are referred to herein as the " Density Bonus Laws") provides incentives to developers who produce housing for senior households or households of very low, low, or moderate income.
C. The Land consists of approximately 2.55 acres located on the north side of Melrose Way, northwest of Centennial Drive; the Land is currently known by the address 1205 Melrose Way.
ATTACHMENT NO. 4
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EXHIBIT 12
RECORDING REQUESTED BY AND
WHEN RECORDED PLEASE MAIL TO:
City of Vista
200 Civic Center Drive
Vista, CA 92084
Attn: Housing & Homeless Services Division
FEE EXE MPT PER GOVT. CO D E § 2 7383
S PACE ABOVE TH IS LINE FOR RECO RD ER · s U SE ONLY)
REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS
AFFORDABLE HOUSING OBLIGATION
City Council Resolution No. 2022- 130)
ASSESSOR' S PARCELS NO. 166- 184- 10- 00, 166- 184- 09- 00 and 166- 183- 17- 00 This REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (" Developer Co venants ") dated as of / nA~l.t~ t ! l_, 2025 ( the " Date of Agreement") is made by and between the CITY OF VISTA , a Califom a chartered municipal corporation , (" City ") and 1205 MELROSE WAY, LLC , a California limited liability company (" Developer") for the purpose of imposing certain affordable housing covenants and re strictions on that real property known as A. PN . 166- 184- 10- 00 , l 66- 184- 09- 00 and 166- 183- 17- 00 (" Land") located in the City of Vista, County of San Diego , State of California which is more particularly described in Exhibit A attached hereto and incorporated herein by reference . Developer is the fee owner of the Land as of the Date of Agreement.
RECITALS
A Developer proposes to develop on the Land a residential development consisting of fifteen ( 15) detached single family residences ( such improvements with the land upon which a residence is · situated being referred to herein as a " Unit") and associated improvements as pro v ided in the land use approvals with respect to the Land pre v iousl y gi ven by City ( the " Development").
B. City of Vista Dev elopment Code , Chapter 18 . 90 Residential Density Bonus Ordinance consistent with and in implementation of California Government Code section 6591 e t se q .; which State law, together with Chapter 18 . 90 , are referred to herein as the " Density Bonus Laws ") provides incenti v es to developers who produce housing for senior households or households of very low, low, or moderate income .
C. The Land consists of approximatel y 2 . 55 acres located on the north side of Melrose Way, northwest of Centennial Dri v e ; the Land is currentl y known by the address 1205 Melrose Way .
ATTACHMENT NO. 4
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D. Developer previously made application to City for land use approvals for the development of the Land. Among the approvals sought by Developer was a General Plan Amendment from Low Density Residential ( LD) to Medium Low Density Residential ( MLD), which allows a maximum density of five dwelling units per acre . The Development has a proposed density of 5. 88 dwelling units per acre , exceeding the maximum of five dwelling units per acre in the R- 1 zone . The Development relies upon application of the Density Bonus Laws to achieve a higher density in connection with which one ( l) Unit shall be enforceably restricted for rental to and occupancy by a Very Low Income Household" at a rent which does not exceed " Affordable Rent" as those capitalized terms are defined below. The following land use appro v als were made by the City : General Plan Amendment to change the land use designation from Low Density Residential ( LD) to Medium Low Density Residential ( MLD) and a Zone Change from Estates Residential ( E- 1) to Residential ( R- 1 ); those land use appro vals , including without limitation the conditions of approval and mitigation measures as contained therein , are collectively referred to herein as the " Entitlements ." E . As part of the proposed Development, and a condition precedent to the grant of a density bonus as reflected herein , Developer shall cause one of the Units to be restricted for rental at a housing cost which does not exceed " Affordable Rent" ( as defined below) for a " Very Low Income Household" ( as defined below), as more particularl y set forth herein ..
F. Developer has determined that Unit to be designated as Unit # 15 will be the Unit that will be enforceabl y restricted ( the " Restricted Unit", as defined below); a de s cription of the location of Unit # 15 is on file with City as a public record . As of the Date of Agreement , there is not a recorded map which reflects the creation of Unit # 15 ( or other Units at the Land) as separate and distinct leg al parcel s . The remaining Units on the Land are referred to herein as " Market Rate Units ." G. In implementation of the condition s attendant upon the Entitlements associated with the De velopment, prior to the issuance of g radin g or buildin g permits for the Development, the Land shall be made s ubject to these De veloper Co venants . Prior to the sale of an y of the Market Rate Units or any di s position of the Restricted Unit ( or land upon which Unit # 15 is to be constructed), the requirement that a Unit be enforceabl y restricted shall be reflected in these Developer Covenants .
H . These Developer Covenants , a copy of which is on file with City as a public record , are part of the conditions of approval under the Entitlements . These De veloper Covenants shall be recorded amon g the official land records of the County Recorder of the County of San Diego ( the County "); the pro v isions as set forth in the Declaration shall run with the land as to the land described therein ( the " Land ").
AGREEMENT
NOW, THEREFORE , in consideration of the fore going recitals , the co venants and conditions contained herein , and other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledg ed , City and Developer hereb y declare and restrict the Land as follows :
1. Definitions . Term s not otherwise defined herein shall have the meanings set forth below :
Acknowledgment and Agreement" means entitled " Acknowledg ment and Ag reement to be Bound by Reg ulatory Ag reement and Restricti ve Co venants " in the form of ATTACHMENT NO. 4
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Attachment No . 5 to the Affordable Housing Agreement with only such modifications as shall have been previously approved by City in writing.
Affordability Term " means a period commencing as of the recording of these Developer Covenants among the Official Records and ending as of the fifty- fifth ( 55 th )
anniversary of
the recording of these Developer Covenants .
Affordable Housing Agreement" means that certain unrecorded agreement entitled Agreement Concerning Inclusionary Housing Obligation ( 1205 Melrose Way)" by and between City and Developer, dated as of _____ , _, 20 _; a copy of the Affordable Housing Agreement is on file with City as a public record .
Affordable Rental Property " means the land upon which the Restricted Unit is located .
Affordable Rent" means that amount which does not exceed the product of thirty 30) percent times fifty ( 50) percent of the Median Income adjusted for famil y size appropriate for the unit utilizing the definition set forth in Section 50053( b)( I )( C) of the California Health & Safety Code as of the " Effective Date " ( as defined in the Developer Covenants) or as hereafter amended notwithstanding that no financial assistance is being made available with respect to the Restricted Unit. No adjustment to that calculation based upon the use of financial assistance or private activity bonds shall be available in calculating Affordable Rent). In determining rent , housing costs , including without limitation any charges , payment of homeowner association dues or fees , or amounts characterized as rents shall all constitute rent.
City Code" means the City of Vista Municipal Code .
Developer Covenants " has the meaning set forth therefor in the first paragraph of this instrument.
Effective Date" means the date of recordation of these Developer Covenants among the Official Records .
Household .
Eligible Renter" means a household that shall have qualified as a Very Low Income Entitlements" has the meaning set forth therefor in Recital D hereof Event of Default" is defined in Section 15 of these Dev eloper Covenants .
Form of Income Verification " or " Income Verification " means a form so designated on file with City as a public record .
Market Units " means the Units in the Development that shall have been released from these Developer Co venants by a Release ex ecuted by City .
Median Income" mean s the median income for the San Die go metropolitan area as published by U. S . Department of Housin g and Urban De velopment, and adjusted periodicall y . If the U. S . Department of Housing and Urban De velopment ceases to publish this fi g ure annually, City shall ATTACHMENT NO. 4
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select a comparable index for use in setting the Affordable Rent and shall provide written notice of the new index to Developer.
Official Records " means , unless the context otherwise requires , the official land records of the County Recorder of the County of San Diego .
Release" means an instrument in the form of the " Releas e of Restrictive Covenants as to Certain Property " attached hereto as Attachment No . 7 to the Affordable Housing Agreement.
Remaining Property " means that portion of the Land other than the Affordable Rental Property .
Rent" means those costs specified in Section 6920 of Title 25 of the California Code of Regulations which includes all of the following associated with the Restricted Unit estimated or known as of the date of the proposed rental of the Restricted Unit to an Eligible Renter :
I) Amounts treated as rent under the applicable rental agreement ; 2) Any additional amounts associated with the rental of the Restricted Unit whether or not characterized in the rental agreement as part of rent); and 3) A reasonable utility allowance computed pursuant to the utility allowances published from time to time by the Housing Authority of San Diego County .
Required Expel" ience" has the meanin g set forth therefor in Section 6 hereof.
Restricted Unit" means the one ( I) Unit in the De velopment that shall be restricted for rent to Eligible Renters at an Affordable Rent in implementation of City Council Resolution No . 2022- 130 ( the " City Resolution "), particularl y Conditions No . 12 , 13 , and 14 thereof, with such Restricted Unit to remain subject to the Dev eloper Covenants. The Restricted Unit is to remain restricted for rent to and use by Eligible Renters at a rent which does not exceed Affordable Rent throughout the Affordability Term ..
Tenant" means the person or persons who rent the Restricted Unit.
Very Low Income Household " is defined in Section 50 I 05 of the California Health Safety Code and means persons and families whose g ross annual income does not exceed the qualifying limits for lower income families in San Diego County as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and annually published by the California Department of Housing and Community Development pursuant to Section 6932 of Title 25 of the California Code of Re g ulations ( including without limitation application of the treatment of assets as set forth in Section 6914 of Title 25 of the California Code of Regulation).
Year" means a calendar year.
2 . Purpose; Restricted Unit. Deve loper has recorded these De ve loper Covenants as a condition of the Entitlements and in implementation of City Council Resolution No . 2022- 130 ( the City Resolution "), particularly Conditions No . 12 , 13 , and 14 thereof. No grading or building permit shall be issued for any Unit or portion of the De velo pment until these Developer Covenants are recorded . Developer acknowledges that implementation of these De ve loper Covenants and Conditions ATTACHMENT NO. 4
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No . 12, 13, and 14 of the City Resolution will increase and preserve the community' s supply of affordable housing and to encourage affordable homeownership among Very Low Income Households.
Pursuant to such purpose , Developer covenants and agrees to designate, make available and rent one 1) Restricted Unit in the Development to Eligible Renters at Affordable Rent in accordance with the terms and conditions set forth herein .
The Restricted Unit shall be equivalent to all other Units on the Land including, but not limited to , with regard to materials , access , tradespersons utilized , amenities, fit and finish and appliances . 3 . Designation of Restricted Unit. Developer has determined that Unit# 15 shall be the Restricted Unit. Developer shall make available to City a legal description corresponding to Unit# 15 once the Land is mapped and the land on which Unit# 15 will be constructed has been recorded among the Official Records .
4 . Conditions Precedent to Rental of Restricted Unit; Rental Agreement Requirements . As conditions precedent for renting the Restricted Unit, the Developer shall have completed the following : ( i) designation of a service provider with experience determining the income qualifications and affordable rent, and experience in collecting data for and making reports to governmental agencies concerning compliance with income and rent restrictions for households renting units subject to affordability restrictions imposed by City, the Community Development Commission of the City of Vista, a public body, corporate and politic (" Commission"), the County of San Diego Housing Authority, or another governmental jurisdiction operating within the corporate limits of the County of San Diego ; ( ii) Developer shall have provided and obtained the approval of City, which shall act reasonably in this context , for a form of rental agreement with Developer shall use for the rent of the Restricted Units , which form of rental agreement shall include all those matters required to be included under Section 7 of these Developer Covenants . The rental agreement shall include a form of income verification consistent with the Form oflncome Verification ( City may, in its discretion , modify the acceptable form of income verification); ( iii) these Developer Covenants shall have been recorded among the Official Records along with a form of request for notice of default ; iv) the Developer Covenants shall be senior to any liens and/ or deeds of trust or financing statements ; v) the construction of the Development shall have been completed . 5 . Restrictions on Permits, Sale and Transfer . No grading or building permit shall be issued for any Unit or portion of the Development until the Affordable Housing Agreement has been executed by both parties hereto and this Developer Covenants have been duly executed and recorded among the Official Records . Developer covenants and agrees that it shall not offer for sale or sell any Unit in the Development prior to the Affordable Housing Agreement Effective Date and not until ( i) City has reviewed and approved the form of rental agreement to be used by Developer with respect to the rental of the Restricted Unit , ( ii) City has approved Developer ' s designation of the specific Unit that shall be designated as the Restricted Unit subject to the Developer Covenants , and ( iii) the Developer Covenants shall have been recorded among the Official Records against the Land and a copy of each thereof shall have been delivered to City . In addition , Developer may not sell more than ten ( 10) of the Units which are to be Market Units unles s and until Developer has accomplished the rental of the Restricted Unit to an Eligible Household in conformity with this Affordable Housing Agreement. In addition , no grading or building permits as to the Land shall be applied for or issued for any Unit or portion of the Development until the Developer Co venants have been recorded among the Official Records and a copy of thereof showin g recordation shall have been delivered to City .
ATTACHMENT NO. 4
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Developer further covenants and agrees that any agreement for the sale of the Affordable Rental Property or the sale or lease Restricted Unit must be conditioned on satisfaction of the following requirements and that no Unit may be sold or occupied until the following conditions are satisfied : ( i) the Developer Covenants shall have been recorded among the Official Records ; and ii) with respect to the disposition of the Affordable Rental Property shall have executed and shall cause to be recorded the Acknowledgment and Agreement among the Official Records .
As a matter between Developer and City, all recording fees and charges in connection with the recording of any documents pursuant to this Affordable Housing Agreement, including without limitation these Developer Covenants and all other attachments hereto , shall be borne by Developer.
The determination of buyers and pricing of the Market Units shall be within the discretion of Developer ; upon recordation of the Release ( as to the corresponding Market Unit[ s]), such released property may be sold at unrestricted prices and without regard to income or affordability limitations .
6 . Selection of Renters for Restricted Unit; Income Certification; Reporting.
Developer shall be responsible for the selection of renters for the Restricted Unit and shall obtain from each prospective renter of the Restricted Unit an income computation and certification , in such form as approved by City, demonstrating that such prospective renter is a Very Low Income Household . At least forty five ( 45) days prior to the commencement of the term of a rental agreement as to the Restricted Unit , Developer shall submit to City the income computation and certification completed by the prospective renter of the Restricted Unit, together with a copy of all back- up supporting information , including without limitation such documentation as may be requested by City. Developer shall verify the income certifications and computations and shall obtain a true copy of an income tax return from the proposed purchaser for the most recent tax year in which a return was filed ( and the same from any other adult member of the household) and at least one of the following , as appropriate to the proposed buyer :
a) two ( 2) paycheck stubs from the proposed purchaser ' s two ( 2) most recent pay periods ( and the same from any other adult member of the household); b) an income verification certification from the employer of the proposed purchaser and any other adult member of the household ; c) an income verification certification from the Social Security Administration and/ or the California Department of Social Services if the proposed purchaser or any other adult member of the household receives assistance from such agencies ; or d) an alternate form of income verification reasonably requested by City if none of the above forms of verification is available to Developer.
Developer shall retain the services of a manager to manage the physical condition of the Affordable Rental Property ( including without limitation the Restricted Unit), to vet the qualifications of each renter, and to monitor and report on compliance with the provisions of the Affordable Housing Agreement and these Developer Covenants . The provisions regarding management of the Affordable Rental Property , management , and reporting are set forth in greater detail in the Developer Covenants .
ATTACHMENT NO. 4
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Developer shall engage a manager which has at least five ( 5) years of experience vetting income , qualifying income of tenants , and marking compliance reports with respect to at least fifty ( 50) rental units restricted as to income level and affordable rent by one or more of the following entities within the County : the County, a city, a housing authority, or a redevelopment agency ; the qualifications set forth in this paragraph are referred to for convenience as the " Required Experience ." If the Developer possesses all such qualifications , the Developer may act as manager for the purposes of this Section 6.
Developer shall retain documentation regarding the eligibility of each new tenant household for a period of not less than the second anniversary of the cessation of the occupancy of such household of the Restricted Unit.
7. Affordable Rent; Disclosures; Requirements for Inclusion in Rental Agreements; Certificate . Developer covenants and agrees that the Restricted Unit shall be rented throughout the Affordability Term only to Eligible Renters at an Affordable Rent. Developer understands that the determination of Affordable Rent can be made only at the time of the initial rental of the Restricted Unit ( and upon each subsequent rental thereof). Developer agrees and acknowledges that the rent allowable as Affordable Rent will be substantially less than the rent which could otherwise be charged for the Restricted Unit absent such limitations . Prior to the initial rental of the Restricted Unit , Developer shall submit to City a computation demonstrating that the proposed rent for the Restricted Unit does not exceed Affordable Rent. Developer shall not rent the Restricted Unit until City has confirmed that the rent to be charged is an Affordable Rent and Dev eloper has obtained City ' s written approval of the computation evidenced by the signature of City ' s authorized representative .
Without limitation as to additional provisions which Developer elects to include , the rental agreement utilized by Developer with respect to the Restricted Unit shall include : ( i) the Restricted Unit is subject to recorded affordability covenants imposed by City which : ( a) limit rental and use of the Restricted Unit to households having incomes of not to exceed fifty percent ( 50%) of median income for San Diego County ( the " County "), and ( b) limit rent to amounts which do not exceed " Affordable Rents " for Very Low Income Hou s eholds as determined consistent with Section 50053( b )( l )( C) of the California Health and Safety Code ; ( iii) Tenant agrees and acknowledges that if Tenant ( including all members of the household) at any time during the term of the occupancy of the Restricted Unit by Tenant has an income which exceeds the upper limit for Very Low Income Households ( consistent with the number of occupants listed herein as members of the household), that circumstance shall be grounds for termination of the applicable rental agreement ( and occupancy thereunder by Tenant) by the landlord ( Developer); ( iv) Tenant agrees and acknowledges that the Restricted Unit is exempt from the application of those provisions of Civil Code 1946. 2 which would limit rent increases by virtue of the exemption set forth in Civil Code Section 1946 . 2( e)( 9) which sets forth an exemption which provides in part as follows : " Housing restricted by deed , regulatory restriction contained in an agreement with a go vernment agency, or other recorded document as affordable housing for persons and families of v ery low, low, or moderate income , as defined in Section 50093 of the Health and Safety Code .... "; ( v) there shall be no right of assignment or subletting by tenant ; ( vi) no use shall be conducted on the Affordable Rental Property other than use for residential occupancy; ( v ii) tenant may not make the Restricted Unit available as a short- term rental , such as AirBnB or VRBO ; ( viii) in making the Restricted Unit available for rental to the tenant, the landlord and City are rel y in g upon information as to income and household size as submitted by tenant); ( ix) Tenant shall comply with all applicable federal , state or local laws , regulations and codes , includin g, without limitation , the City Code , and with all covenants and agreements set forth in the Developer Covenants , and shall maintain the Affordable Rental Property in a manner consistent with the other ATTACHMENT NO. 4
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Units in the Development ; ( x) Tenant shall not allow the Affordable Rental Property to constitute a nuisance ; and ( xi) all provisions required pursuant to California law to be included in a residential rental agreement. At such time as a tenant ceases to qualify as a Very Low Income Household , the tenant shall be subject to eviction by Developer ( and the rental agreement shall so state .
All tenants residing in the Restricted Unit ( as to which rents are limited by virtue of these Developer Covenants) or pursuant to other regulation during the last two ( 2) Years ( or such greater period as may be required from time to time by applicable law) of the Affordability Period shall be given notice by Developer at least once every six ( 6) months prior to the expiration date of this requirement, that the rent payable on such Unit may be raised to a market rate rent at the end of the Affordability Period .
7. 1 Incom e Verification and Ce rtification . Developer will obtain and maintain on file an Income Verification from each tenant of the Restricted Unit dated immediately prior to the initial occupancy of such tenant in the Rental Project; these are to be annually updated.
On June 15 following the completion of the Development, Developer shall file with City or its designee a Certificate , containing all information required described in Health and Safety Code Section 334 I 8, in a form prescribed by City. Each Certificate shall cover the immediately preceding calendar year (" Year").
Throughout the Affordability Period, Dev eloper shall maintain on file each tenant' s executed rental agreement and Income Verification and rental records for the Restricted Unit.
Developer shall maintain complete and accurate records pertaining to the Restricted Unit and will permit any duly authorized representati v e of City to inspect the books and records of Developer pertaining to the Rental Project , including those records pertaining to the occupancy of the Restricted Unit. Developer shall prepare and submit to City annually commencing the June 15 first following the recording of these Developer Covenants and continuing throughout the Affordability Period, a certification by Developer affirming that the Restricted Unit has between operated in conformity with these Developer Covenants for the immediately preceding Year. Such documentation shall state for the Restricted Unit, the rental amount, the number of occupants , and the income of the occupants and any other information which may be used to determined compliance with the terms of these Developer Covenants.
In addition , as part of its annual report , at City' s request , but not less frequently than prior to each initial and subsequent rental of the Restricted Unit to a new tenant household ( but not lease renewals) and annually thereafter, Developer shall also provide to City completed income computation , asset evaluation , and certification forms , for any such tenant or tenants , in substantially the form provided by City from time to time . Developer shall obtain an annual certification from each household of the Restricted Unit demonstrating that such household is a Very Low Income Household and meets the eligibility requirements established for each such Unit. Developer shall verify the income certification of each tenant household .
7 . 2 Verification Rega rdin g Eligibility of New Tenants of th e Res trict ed Unit .
Developer shall retain documentation regarding the eligibility of each new tenant household of the Restricted Unit.
8 . Maintenance of the Affordable Rental Property . Developer agrees for itself and its successors in interest to the Affordable Rental Property, to maintain throughout the Affordability Period ATTACHMENT NO. 4
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the improvements on the Affordable Rental Property in conformity with the City Code and the provisions of these Developer Covenants and shall keep the Affordable Rental Property free from any accumulation of debris or waste materials . Throughout the Affordability Period , Developer shall also maintain the landscaping planted on the Affordable Rental Property in a healthy condition .
Developer and its maintenance staff, contractors or subcontractors shall comply with the following standards as to the Development ( collectively, " Maintenance Standards"):
a) The Affordable Rental Property shall be maintained in conformance and in compliance with the approved final as- built plans , and reasonable maintenance standards which comply with the industl)' standard for comparable first quality affordable housing projects in San Diego County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline . The Affordable Rental Property shall be maintained in good condition and in accordance with the industl)' custom and practice generally applicable to comparable affordable housing projects within the County . b) Landscape maintenance shall include , but not be limited to :
watering / irrigation ; fertilization ; mowing ; edging ; trimming of grass ; tree and shrub pruning ; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage ; replacement, as needed , of all plant materials ; control of weeds in all planters , shrubs , lawns , ground co vers , or other planted areas ; and staking for support of trees . c) Clean- up maintenance shall include , but not be limited to : maintenance of all sidewalks , paths and other paved areas in clean and weed- free condition ; maintenance of all such areas clear of dirt, mud, trash , debris or other matter which is unsafe or unsightly ; removal of all trash , litter and other debri s from improvements and landscaping prior to mowing ; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings , weeds , leav es and other debris are properl y disposed of by maintenance workers .
If City notifies Developer in writing if conditions of the Affordable Rental Property do not meet with the Maintenance Standards , City will specify the deficiencies and the actions required to be taken by Developer to cure the deficiencies . Upon notification of any maintenance deficiency, Developer shall have thirty ( 30) days within which to correct, remedy or cure the deficiency . If the deficiencies require more than thirty ( 30) day s to cure and De veloper diligently commences to cure within the thirty ( 30) day period , then Developer shall have an additional sixty ( 60) days to cure . If the written notification states the problem is urgent relating to the public health and safety, then Developer shall have forty- eight ( 48) hours to rectify the problem. In the event Developer does not maintain the Affordable Rental Property in the manner set forth herein and in accordance with the Maintenance Standards , City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Affordable Rental Property, or to contract for the correction of such deficiencies , after written notice to Developer, and Developer shall be responsible for the payment of all such costs incurred by City .
8 . 1 Pro g ram Maint enan ce. In addition to the routine maintenance and repair required pursuant to Section 8 Developer shall perform the following minimum programmed maintenance of the Improvements to the Affordable Rental Property :
ATTACHMENT NO. 4
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a) Interior painting and window covering replacement at least every seven 7) Years, unless such improvements would be substantially disruptive to a vu lnerable resident occupant, in which case, Developer shall perform as work at the earliest feasible opportunity; b) Exterior painting at least every ten ( 10) Years ;
c) Repair and resurfacing of parking areas and walkways at least every ten ( 10) Years;
d) Replacement of all deteriorated or worn landscaping at least every five 5) Years ; and
e) Replacement of all deteriorated or worn recreational equipment at least every ten ( I 0) Years .
Notwithstanding the foregoing, if the City Manager of City ( or his or her designee) reasonably determines that the Development suffers from excess unexpected wear and tear requiring any of the above items of maintenance to be performed sooner than as set forth above, City may require that such maintenance actions be performed within a reasonable time , even if sooner than the time periods set forth above. Upon the request of Developer, the City Manager, at his or her sole and absolute discretion , may grant a waiver or deferral of any program maintenance requirement.
Developer shall keep such records of maintenance and repair as are necessary to prove performance of the program maintenance requirements .
9 . Occupancy Limits . To the greatest extent allowed by law, the maximum occupancy of the Units in the Development shall not exceed more than such number of persons as is equal to two persons per bedroom , plus one . Thus, for a one ( 1) bedroom Unit, the maximum occupancy shall not exceed three ( 3) persons , and for a two ( 2) bedroom Unit, the maximum occupancy shall not exceed five ( 5) persons, and for a three ( 3) bedroom Unit, the maximum occupancy shall not exceed seven ( 7) persons ..
10 . Compliance with Laws . Developer shall comply with all applicable laws in connection with the development and use of the Land , including without limitation the Fair Housing Act ( 42 U. S. C. § 3601 , et seq., and 24 C. F. R. § 100 . 300 , et seq .). Developer is a sophisticated party, with substantial experience in the acquisition , development , financing , obtaining financing for, marketing, and operation of affordable housing projects , and with the negotiation , review, and preparation of agreements and other documents in connection with such activities . Developer is familiar with and has reviewed all laws and regulations pertaining to the acquisition, development and operation of the Development ( including the Restricted Unit) and has obtained advice from any advisers of its own choosing in connection with these Developer Covenants .
11. Enforcement.
11 . I Rem edi es. Breach of the covenants contained in these Developer Covenants may be enjoined , abated or remedied by appropriate legal proceeding by City ( provided that City undertakes no affirmative duties with respect to the Land). The foregoing does not in any way infringe on the right or duties of City to enforce any of the provisions of the City Code including , but not limited to , the abatement of dangerous buildings .
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11 . 2 Nui sances . The result of every act or omission whereby any of the covenants contained in these Developer Covenants are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowable at law or equity, against a nuisance , either public or private , shall be applicable against every such result and may be exercised by any owner or its successors in interest, without derogation of City' s rights under law. l I . 3 Right of Entry . In addition to the above general rights of enforcement, City shall have the right through its agents and employees , to enter upon the Affordable Rental Property for the purpose of enforcing laws , including without limitation the California Vehicle Code , and the ordinances and other regulations of City, and for maintenance and/ or repair of any or all publicly owned utilities . In addition, City has the right of entry at reasonable hours and upon and after reasonable attempts to contact Developer, on any lot to effect emergency repairs or maintenance which Developer is required in order to comply with these Developer Covenants to perform but has failed to perform.
Subsequent to sixty ( 60) days written notice to Developer specifically outlining Developer' s noncompliance , City shall have the right of entry on the Affordable Rental Property at reasonable hours to enforce compliance with these Developer Covenants which Developer has failed to perform.
11. 4 Co s ts o_/ Repair. The costs borne by City of any such repairs or maintenance emergency and/ or non emergency, following the giving of notice and passage of time without repair under Section 11. 3 shall become a charge for which Developer shall be responsible . 11 . 5 Cumulative Rem edi es. The remedies herein provided for breach of the covenants contained in these Developer Covenants shall be deemed cumulative , and none of such remedies shall be deemed exclusive .
11. 6 Failure to Enforc e The failure by City to enforce any of the covenants contained in these Developer Covenants shall not constitute a waiver of the right to enforce the same thereafter.
11 . 7 Enforce m ent and Nonliability . City or Commission may from time to time make such efforts , if any, as it shall deem appropriate enforce and/ or assist in enforcing these Developer Covenants . Howe ver, neither Commission nor City will be subject to any liability for failure to affirmatively enforce any provision of these Developer Covenants . 12 . Effective Date and Term . These Developer Covenants shall become effective on the date of recordation among the Official Records (" Effective Date ") and shall continue in full force and effect continue in full force and effect until the end of the Affordability Period . 13 . Senior Status of Developer Covenants. Prior to the rental of the Restricted Unit at Affordable Rent to an Eligible Household following completion of the Development, the Developer Covenants shall not be subordinated as to the Land . Following the release of the Remaining Property from the effects of the Dev eloper Covenants , the Developer Covenants ( which shall continue to apply to the Affordable Rental Property) shall not be subordinated at any time during the Affordability Term.
It is the intent of City and De veloper that following the initial rental of the Restricted Unit to a Very Low Income Household at Affordable Rent in conformity with this Affordable Housing Agreement after the completion of the Development , the Developer Co venants be released as to the Market Units on the Land by recordation by City of a Release to this Affordable Housing Agreement and with onl y those chan g es and in such final form as appro ved by City in accordance with this Section ATTACHMENT NO. 4
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9. The City may execute more than one Release to accommodate the sale of Market Units m conformity with this Affordable Housing Agreement.
14. Nondisc.- imination . Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision ( a) or ( d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926 , 12926. 1 , subdivision ( m) and paragraph ( l) of subdivision p) of Section 12955, and Section 12955. 2 of the Government Code , in the sale , lease , sublease, transfer, use , occupancy, tenure, or enjoyment of the premises herein conveyed , nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location , number, use or occupancy of tenants , lessees, subtenants , sublessees , or vendees in the premises herein conveyed. The foregoing covenants shall run with the land ..
15 . Defaults and Remedies. Upon a breach of any of the provisions of these Developer Covenants, City shall give written notice to Developer by certified mail return to the address indicated in Section 21 receipt requested, specifying the nature of the breach. If the breach is not corrected to City' s satisfaction within a reasonable period of time , not longer than thirty ( 30) days after the date the notice is mailed, or within such further time as City determines is necessary to correct the breach, City may declare an event of default under these Developer Covenants ( an " Event of Default"). Upon the declaration of an Event of Default, City may apply to a court of competent jurisdiction for specific performance of the obligations of these Developer Covenants , for an injunction prohibiting a proposed transfer in violation of these Developer Covenants , for a declaration that a transfer in violation of the provisions of these Developer Covenants is void , or for any such other relief at law or in equity as may be appropriate . Remedies for a default hereunder shall be deemed cumulative . 16 . No Waiver . Failure to enforce any of these Developer Covenants shall not constitute a waiver of the right to enforce the same thereafter.
17 . Severability . If any one or more of the provisions contained in these Developer Covenants shall for any reason be held to be invalid , illegal or unenforceable in any respect then such provision or provisions shall be deemed severable from the remaining provisions contained in these Developer Covenants , these Developer Covenants shall be construed as if such invalid , illegal or unenforceable provision had never been contained herein .
18. Controlling Law ; Interpretation . The provisions of these Developer Covenants shall be interpreted under the laws of the State of California. These Developer Covenants shall be construed giving weight to the circumstance that Developer has benefited by obtaining a higher density and other concessions than otherwise allowable by virtue of causing one of the Units to be restricted to rental to Very Low Income Households at rent which does not exceed Affordable Rent throughout the Affordability Period .
19 . Covenants Run with Land; Binding on Developer and Successors in Interest.
These Developer Co v enants shall run with the land and shall be binding on and shall inure to the benefit of City and Developer, and their successors and assigns . 20 . Third Party Beneficiary . It is the intent of City that the Restricted Unit qualify as affordable replacement and/ or inclusionary housing as described in Section 33413 of the California Health & Safety Code and in furtherance of the affordable housing goals and objectives of the ATTACHMENT NO. 4
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Community Development Commission of the City of Vista (" Commission"). The Commission is expressly made a third party beneficiary of these De veloper Covenants. Excepting for the Commission, there shall be no third party beneficiaries of these Developer Covenants.
21. Notices. All notices required herein shall be sent to City by certified mail return receipt requested, as follows :
Housing & Homeless Services Division
City of Vista
200 Civic Center Dri ve
Vista, CA 92084
or such other address as may serve , in the future , as the address of the Vista City Hall. Notices to the Developer shall be sent by certified mail return receipt requested , as follows :
1205 Melrose Way, LLC
551 Lynwood Drive
Encinitas , CA 92024
Attention : Mr. Zoran Djordjevich
or such other address as Developer may in the future notify City in writing as to the address of Developer.
22 . Attorneys' Fees . In any action between City and Developer to interpret, enforce , award , modify, rescind , or otherwise in connection with any of the terms or provisions of these Developer Covenants , the prevailing party in the action shall be entitled , in addition to damages , injunctive relief, or any other relief to which it might be entitled , reasonable costs and expenses including , without limitation , litigation costs and attorneys' fees with such attorneys' fees to be determined at the average rate that City pays for contractual legal services.
23. Amendments. These Developer Covenants may be amended only by the written agreement of City and Developer.
24 . Counterparts . These Developer Covenants may be executed in counterparts and, when so executed , shall constitute one agreement binding on all parties hereto .
IN WITNESS WHEREOF , the parties have executed this Regulatory Agreement and Declaration of Restrictive Covenants on or as of the date first written above .
ATTACHMENT NO. 4
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DEVELOPER
1205 Melrose Way, LLC , a California limited liability
company
By : ______________ _
Title : ---------------
ATTACHMENT NO. 4
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APPROVED
A llegra Frost
20250 7311 705 35
Signatures Must Be Notarized)
CITY OF VISTA , a California chartered municipal
oratio~~
Title : r) a1~
ATTEST:
ATTACHMENT NO. 4
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A notary public or other officer completing this certificate verifies on ly 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 Sam Di~
On -/ tMG'J'AS.t (J21 2o 2--S
personall y appeared
ss .
before me , Ira I h<AA M. \ JO.~
P rint ame o f Notary Public)
zortvr\ bjoY- d] e.- V\ CV\
Notary Public ,
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is / are subscribed to the w ithin instrument and acknowledg ed 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 in strument the per son( s), or the entity upon behalf of w hich the person( s) acted , ex ecuted the instrument.
I certi fy under PE N ALTY OF PERJURY under the laws of the State of California that the fore goin g parag raph is true and correct.
oooooeoo~
ULLISOH M. LEAHY
H• t• ry l' u11ic • C• liftrni11 I
S•n Ditt• Ceunty
Commission II 2- 46527' -
y Comm . Expires Oct 3, 2027
WIT NE SS my hand and official seal.
OPTIONAL
T hou gh the dat a be lo w is not required by law. it may prove valu a bl e to persons rely ing on the do c wn e nt and rea tta c hm e nt of thi s fom1 .
CAPACITY CLAIMED BY SIGNER
D Indi v idual
D Corporate Office r
D
D
D
D
D
Titl e( s)
Pa rtne r( s) D Limited
Atlomey - In- Fa ct
Trnstee( s)
Gua rdian/ Conse rv ato r
Othe r: ___ ....,,.. ___________ _
Sig ne r is re prese • 1g :
Nam e O f Perso n Or Entit y( ies)
Titk Or Ty pe Of Do c um ent
Numb er Of Pages
Date O f Doc um ents
Signer( s) Other 1lian am ed A bove
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY oF ~ S'~n De~ b
On & 9ust 8:1 2 o2. 5
personally appeared
before me ,
SS .
v~ "'.._.[ ..... 1, .... -~~ L-' f' vt._____..'--bl..-Ce~a~ W=--=-, J-----, Notary Public , ~ ( f;;,; Name o fNotary Pulji c )
who proved to me on the basis of satisfactory ev idence 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 s ame in his/ her/ their authorized capacity( ies), and that by his/ her/ their si gnature( s) on the in strument the per son( s), or the entity upon behalf of which the person( s) acted , executed the instrument.
I certi fy under PENALTY OF PERJURY under the laws of the State of Ca lifornia that the fore goin g paragraph is true and correct.
KALLISON M. LEAHY
Notary Public • Ca li fo rnia z
San Diego County !
Comm ission II 2' 165279
y Comm'. Expires Oct 3, 2027
WITNESS my hand and official seal.
OPTIONAL
Though the data belo w is not required by la w, it may prove valuabl e to persons rely ing on the docwn e nt and could preve nt f rea ttachment of this fonn .
CAPACITY CLAIMED BY SIGNER
0 Indi v idual
D Corporate Offi ce r
D
D
D
D
D
Titl e( s)
Partne r( s) D Limited
Attorney - In- Fact
T ru stee( s)
Gu a rdi an/ Conse rv ator
Othe r: ________________ _
Sig ne r is re prese nt"
Name Of Person ( s r Entity( ies)
Tit le Or Ty pe Of Doc um ent
Num ber Of Pages
Date Of Documents
Signer( s ) Other Th an Nam ed A bove
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EXHIBIT " A" TO ATTACHMENT NO. 4
LEGAL DESCRIPTION OF THE LAND
EXHIBIT " A" TO ATTACHMENT NO. 4
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Order : 211981
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Vista, County of San Diego, State of California, described as follows:
Parcel 1: ( Portion of APN: 166- 183- 17- 00)
The Southerly 175 feet of the Northerly 275 feet of the Easterly 124 feet of that portion of the Southwest Quarter of Section 25, Township 11 South, Range 4 West, San Bernardino Meridian, in the city of Vista, county of San Diego, state of California, according to united states government survey approved on September 1, 1904, described as follows:
Beginning at the Southwest comer of said Section 25; thence along the South line thereof, South 89°51 ' 23" East, 935. 22 feet; thence North 0° 06'36" East, 107 4. 76 feet to the true point of beginning said point being the Northwest comer of the land described in deed to Frank A. Miller and Addie L. Miller, recorded March 10, 1933 in Book 192, Page 470 of official records; thence North 0° 06' 36" East, 248. 90 feet to a point in the North line of the Southwest Quarter of the Southwest Quarter of Section 25; thence along said hne and its Easterly prolongation South 89° 58' East, 553. 85 feet to the Northwest comer of the land described in deed to Edwin T. Brink and wife, recorded August 20, 1936 in Book 542, Page 379 of official records; thence South 0° 07' West along the West line of said Brink' s land 308. 43 feet, more or less, to the Northeast comer of the land described in deed to Frank A. Miller and Addie L. Miller, husband and wife, recorded March 10, 1933 in Book 192, Page 470 of official records, thence along the North line of land so described in deed to Miller, North 73° 47' West, 146. 99 feet to the beginning of a tangent curve concave to the South, having a radius of 500 feet; thence along the arc of said curve through a central angle of 17°12', a distance of 150. 10 feet; thence South 89° 01' West, 74.08 feet, thence South 0° 59' East, 20 feet; thence North 80° 59' 40" West, 97. 44 feet; thence North 87°21 '24" West, 94. 43 feet to the true point of beginning.
Parcel 2: ( Portion of APN: 166- 183- 17- 00)
That portion of the Easterly 124. 00 feet lying Southerly of the Southerly line of the Northerly 275. 00 feet of the following described land:
That portion of the South half of the Southwest Quarter of Section 25, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Vista, County of San Diego, state of California, according to united states government survey approved September 1, 1904, described as follows:
Beginning at the Southwest comer of said Section 25; thence along the South line thereof, South 89° 51 ' 23" East 935. 22 feet; thence North 0° 06'36" East, 1074 feet to the Northwest comer of the land described in deed to Frank A Miller and Addie L. Miller, recorded March 10, 1933 in Book 192, Page 470 of official records; thence along the Northerly line of said land, South 87° 21 '24" East 86. 09 feet to the true point of beginning; thence North 6° 19' 02" East 129. 60 feet; thence South 89° 58' East, 191. 06 feet; thence North 0° 06' East 124 feet to the North line of said South half, thence along said line, South 89°58' East 261. 89 feet to the Northwest comer of the land described in deed to Edwin T. Brink and wife, recorded August 20, 1936 in Book 542, Page 379 of offie1al records; thence South 0° 07' West along the West line of said Brink' s land, 308. 43 feet, to the Northeast comer of the land described in deed to Frank A. Miller; thence along the North hne of land described in deed to Miller, North 73° 47' West, 146 99 feet to the beginning of a tangent curve, concave to the South having a radius of 500 feet; thence along the arc of said curve through a central angle of 17°12' a distance of 150. 10 feet; thence South 89°01' West
74.08 feet; thence South 0° 59' East 20 feet; thence North 80° 59' 40" West, 97. 44 feet; thence North 87°21' 24" West
8.34 feet to the true point of beginning.
Security Instrument Exhibit A
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Order : 211981
Parcel ' 2A:
An easement for road, sewer and public utilities purposes 10 feet wide over the Southerly 10 feet of all that portion of the Southwest Quarter of the Southwest Quarter of Section 25, Township 11 South, Range 4 West, San Bernardino Meridian , in the city of Vista, county of San Diego, state of California, according to united states government survey approved September 1, 1904, described as follows :
Commencing at the Southwest comer of said Section 25; thence along the Southerly line of said Section, South 89" 51' 23" East 935. 22 feet; thence North 0" 06'36" East 1074. 76 feet to the Northwest comer of land described in deed to Frank A. Miller, et ux, recorded March 10, 1933 as Document No. 12291, in Book 192, Page 470 of official records; thence along the Northerly line of said Miller' s land, South 87° 21' 24" East 86.09 feet; thence North 6° 19' 02" East 129. 60 feet to the true point of beginning; thence South 89° 58' 00" East 191. 06 feet, thence North 0° 06'00" East 124 00 feet to the Northerly line of said Southwest Quarter of the Southwest Quarter; thence along said Northerly line, North 89"58'00" West 191. 06 feet to an intersection with a line which bears North 0° 06'00" East from the true point of beginning; thence along said line, South 0" 06'00" West 124. 00 feet to the true point of beginning Parcel 28 :
An easement for road, sewer, and public utilities purposes 10 feet wide over the most Southerly 10 feet of that portion of the South half of the Southwest Quarter of Section 25, Township 11 South, Range 4 West, San Bernardino Base and Meridian, in the city of Vista, county of San Diego, state of California, according to the official plat thereof, descnbed as follows:
Beginning at the Southwest comer of said Section 25; thence along the South line thereof, South 89" 51 '23" East 935. 22 feet; thence North 0° 06'36" East, 1074 feet to the Northeast comer of the land described in deed to Frank A.
Miller and Addie L. Miller, recorded March 10, 1933 in Book 192, Page 470 of official records ; thence along the Northerly line of said land South 87°21'24" East 86. 09 feet; thence North 6° 19'02" East 129.60 feet; thence South 89"58' East 191 .06 feet to the Southeast comer of the land described in deed to Walter S. Cook, Jr , et ux, recorded June 22, 1964 as File No. 111503 of official records, being also the true point of beginning; thence continuing South 89° 58' East 138.61 feet to the boundary of land described in deed to John R. Fielding, et ux, recorded June 17, 1965 as File No. 107914 of official records; thence along said boundary as follows: North 0° 07' East 24 feet; thence South 89° 58' East 124 feet; thence North 0° 07' East 100 feet; thence North 89" 58' West 262. 65 feet to the Northeast comer of said Cook' s land; thence along the Easterly line of said Cook' s land South 0° 06" West 124 feet to the true point of beginning.
Parcel 2C:
An easement for road, sewer and public utility purposes over the Westerly 14 feet and the Northerly 10 feet of that portmn of Lots 15 and 16 of Section 25, Township 11 South, Range 4 West, San Bernardino Base and Meridian, in the city of Vista, county of San Diego, state of California, according to official plat thereof, described as follows :
Commencing at the Southwest comer of said Section 25, thence along the South line thereof, South 89"51 ' 23" East, 935 .22 feet ; thence North 0" 06'36" East, 107 4. 00 feet to the Northwest comer of the land described in deed to Frank A Miller and Addie L. Miller, recorded March 10, 1933 in Book 192, Page 470 of official records; thence along the Northerly line of said land, South 87"21' 24" East, 86.09 feet to the true point of beginning ; thence North 6° 19'02" East, 129. 60 feet; thence South 89°58'00" East 329.70 feet to the boundary of land described in deed to John R. fielding, et ux, recorded June 17, 1965 as File No. 107914 of official records; thence along said boundary as follows : South 0° 07' 00" West, 147. 83 feet and North 73° 47' 00" West 17.92 feet to a tangent 500 . 00 foot radius curve concave Southerly; thence Westerly along said curve, 150. 10 feet; thence South 89° 01 '00° West, 74.08 feet; thence South 0° 59'00" East, 20. 00 feet; thence North 89° 59'40" West, 97. 44 feet; thence North 87° 21' 24" West, 8. 34 feet to the true point of beginning. •
Security Instrument
Pag e 26 of 28
Exhibft A, page 26
56637. 0005 . 13564681. 2
Requested By : j .stevenson , Printed : 3/ 24/ 2025 5 : 11 AM 10/02/2025
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Order : 211981
Parcel 2D.
An easement for road purposes 10 feet wide across that portion of the Southwest Quarter of the Southwest Quarter of said Section the Southerly and Easterly line of said easement being described as follows:
Beginning at the Southwest comer of Parcel 1-8 as described in deed to Daniel H. Alvarez recorded September 17, 1973 as File No. 73- 261259 of official records; thence North 89°58' West 191. 06 feet to the Northwest comer of Parcel 1A as described in said deed; thence South 6° 19'02" West 129. 60 feet to the Southwest comer of said Parcel 1A.
Parcel 2E·
An easement for road purposes over and across a continuous strip of land 16 00 feet of even width located within the Southwest Quarter of the Southwest Quarter of Section 25, Township 11 South, Range 4 West San Bernardino Meridian, in the city of Vista, county of San Diego, state of California, according to united states government survey approved September 1, 1904, said 16.00 foot wide strip of land lying 8. 00 feet on each side of the following described centerline:
Commencing at the Southwest comer of said Section 25; thence along the Southerly line of said Section, South 89°51 '23" East 935. 22 feet; thence North 0° 06'36" East 922. 84 feet to the most Southerly comer of land described in deed to RogerW. Bengtson, et ux, recorded November 19, 1956 as Document No. 164014 in Book 6348, Page 571 of official records, being the true point of beginning of the herein described center line; thence along the boundaries of said land as follows: North 0° 06'36" East 9. 11 feet; North 38° 29' East 111 .96 feet and North 16°04' East 60.05 feet to the most Easterly Northeast comer of said land
The side lines of the above described strip of land shall be prolonged or shortened as necessary so as to terminate on the North in the Northerly line, and its Easterly prolongation, of said Bengtson' s land .
Parcel 3: { APN: 166- 184-09- 00)
That portion of the Remainder Lot of VISTA TRACT NO. 87- 8, in the city of Vista, county of San Diego, state of California, according to map thereof no. 12091, recorded June 3, 1988, in the office of the county recorder of San Diego County as File No. 88- 265353, more particularly described as follows :
Commencing at the Southeasterly comer of said remainder lot; thence South 89° 37' 06' West along the Southerly line of said remainder Lot, 434 64 feet to an angle point and the true point of beginning, thence North 00° 17' 18" West along the boundary of said remainder lot, 7. 74 feet; thence leaving said boundary South 89°46'05" East 168. 06 feet; thence South 00° 17'18" East, 5.94 feet to said Southerly line of said remainder lot, thence South 80° 37'06" West along said Southerly line 168. 05 feet to the true point of beginning .
Parcel 4. { APN : 166- 184- 10- 00)
That portmn of Lot 16 of Section 25, Township 11, Range 4 West, San Bernardino Meridian , in the city of Vista, county of San Diego, state of California, according to the official plat thereof, described as follows:
Commencing at the Southwest comer of said Section 25,
Thence along the Southerly line of said Section 25, South 89° 51' 23" East 1488. 89 feet to an intersection with the Southerly prolongation of the Westerly line of land described in deed to Nate Hughes, et ux, recorded September 1, 1955 in Book 5777, Page 494 of official records ;
Security Instrument
Exhibit A, page 27
56637 . 0005 . 13564681 . 2
Requested By : j .stevenson , Printed : 3/ 24/ 2025 5 : 11 AM 10/02/2025
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Order : 211981
Thence along said prolongation North 00° 07' 00" East, 545. 16 feet to the Southwest comer of said Hughes' land, being a point on the center line of that 40.00 foot road easement described in that certain instrument executed by John C. stadden, et al, recorded August 13, 1932 in Book 142, Page 301 of official records, being also the true point of beginning; Thence along the Westerly line of said Hughes' land, North 00°07'00" East, 534. 72 feet to the Northwest comer of said land;
Thence along the Northerly line of said Hughes' land South 89°58' 00" East 168. 05 feet; thence leaving said Northerly line South 00°07'00" West 595. 97 feet to an intersection with the Southerly boundary of said Hughes' land; thence along said Southerly boundary as follows: South 88°16'00" West 41 .91 feet to an angle point therein, and North 84 ° 17'00" West, 126. 77 feet to the true point of beginning Security Instrument
Paqe 28 of 28
Exhibit A, page 28
56637.0005 . 13564681. 2
Requested Bv : i .stevenson , Printed : 3/ 24/2025 5 : 11 AM 10/02/2025
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EXHIBIT 13
RECORDING REQUESTED BY:
CITY OF VISTA
WH EN RECORDED MAIL TO:
CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084-6275
ATTN: CITY CLERK
APN: 180- 310- 15-00
Fee Exem t: Government Code Section 27383
(Space above for Recorder's Use.)
AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT (hereinafter "Agreement") entered into as of the Z9 day of MAY , between the City of Vista, (hereinafter referred to as the "City") and AMB SSF LLC a California limited liability company (hereinafter referred to as the "Developer"), is made with reference to the following:
WHEREAS, City of Vista Development Code, Chapter 18.90 Residential Density Bonus Ordinance (Gov. Code section 6591, etc.) provides incentives to developers who produce housing for senior households and households with very low, low, or moderate incomes; WHEREAS, the Developer is the owner of certain real property in the City of Vista, in the County of San Diego, California, located between the intersections of Postal Way and Monte Vista Drive along S. Santa Fe Avenue. addressed as 1070 S. Santa Fe Avenue, and also known as Assessor' s Parcel Number 180- 310- 15-00 (hereinafter referred to as the "Property"), as further described in Exhibit "A", which is attached hereto and incorporated herein by this reference;
WHEREAS, the Developer has applied to the City to develop an apartment complex consisting of 96 rental units (hereinafter referred to as the "Project") on the Property; WHEREAS, the Developer made application to the City for entitlements for the development of the Property. The Project site is designated Mixed Use (MU) in the General Plan and is zoned Downtown Vista Specific Plan - South Gateway District, which allows multi-family residential development at a maximum density of up to 30 units per acre. Based on the gross lot area of approximately 2.34 acres, the Project site would allow for 71 residential units; and
WHEREAS, the Project includes the provision of affordable housing which enables a density bonus pursuant to State Law and Chapter 18.90 of the City Development Code. 10/02/2025
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The Project proposes 96 total apartment units , inclusive of eight "very low income" affordable units. By providing eight (8) affordable units (11.3% of the allowable base density), the Project is eligible for a density bonus of 35%, as well as two "concession " (relief from a zoning requirement). Applying this percentage to the base number of allowable units (71 ), the Project is eligible for an additional 24.85 units (25, rounded up per the density bonus regulations). Thus , the maximum number of allowable units would be 96. The City issued Project approval subject to certain Conditions of Approval , including a condition requiring the Developer to enter into an Affordable Housing Agreement in which the Developer agrees to provide 8 affordable units to very low income households .
NOW , THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Affordable Housing Obligation and Conditions of Approval. In order to satisfy the Conditions of Approval and requirements of the City's Vista Development Code Section 18.90, the Developer shall submit this agreement to the City and Agreement shall be executed prior to the approval of the first certificate of occupancy for any units within the Property .
2. Restricted Affordable Housing Units. Developer covenants and agrees for itself, its authorized successors and assigns , that during the term of this Agreement it will designate , make available , restrict occupancy to, and rent eight (8) units (hereinafter the "Restricted Units ") to qualified households , all at rents as prescribed below.
3. Obligation to Provide Affordable units. Developer shall provide the eight (8) affordable units to "very low income households". "Very Low Income Household" shall mean a household whose gross adjusted income is not greater than fifty percent (50%) of AMI, as set forth by regulation of the U.S. Department of Housing and Urban Development , and adjusted periodically.
a. Target units must be compatible in floor plan, furnishings , and exterior design to non designated units. Further , the Target units must be reasonably dispersed throughout the development.
b. Five (5) of the target units shall be one bedroom and three (3) shall be two bedroom.
c. Affordable rent calculations shall be based on the updated AMI limits as adjusted for household size by the California Department of Housing and Community Development for Sand Diego County at 50% AMI. These 4870 -5433-6183 , V. 2
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limited rent amounts are gross rent which is equal to rent plus all tenant paid utilities.
d. The developer/Property Owner shall set aside each month, at the completion of the Project, the number of units and bedrooms which are designated for Target Households. A unit shall be counted toward meeting this requirement if it is either vacant or occupied by a Target Household.
Neither the City nor the Community Development Commission of the City of Vista will be providing additional housing subsidies.
4. Term of Agreement. This Agreement shall be for a term commencing on the Effective Date hereof and terminating on the first day of the month after fifty-five ( 5 5) years from the date of issuance of the Certificate of Occupancy for the Project by the City (the "Term"), (e.g. if the Certificate of Occupancy is issued on J'l,U\G. l51 ,2o2 '-f, then the termination date will be Cfu.1~ 11 1,0'7'f.) The Developer and third parties are encouraged to inquire of City staff for written confirmation as to the date of issuance of the Certificate of Occupancy for the Project and the termination date of the Term.
5. Income Verification of Tenants. Developer shall verify the income of each proposed tenant household of the Restricted Units prior to leasing any unit to the prospective tenant. Reasonable means shall be employed to verify said incomes, including third party verifications when available. Examples of acceptable verification include, but are not limited to payroll stubs, income tax filings, government entitlement letters, and bank statements. Income shall be determined consistent with Health and Safety Code Section 50053 and 25 CCR section 6914, including without limitation the treatment of assets under 25 CCR section 6914.
6. Rent Schedule. From the time of initial lease-up of each of the Restricted Units, Developer may adjust the rent prescribed above for a period of one year; such increases or decreases and any subsequent increases or decreases in rent may be made annually with proper notice to tenants and prior written notice to City based on affordable rent for the corresponding income levels and at affordable rents; affordable rents shall conform to the provisions of Health and Safety Code section 50053 consistent with the respective income levels set forth in the fifth recital hereof.
7. Initial and Annual Report on Restricted Units. Following the initial lease-up of Restricted Units to residents , and annually thereafter , within thirty (30) days of the close of Developer's fiscal year, during the term of this Agreement , the Developer shall submit to the Redevelopment and Housing Department a written report that states the income, household size, rent payable by each household that resided in the Restricted Units during the prior fiscal year, total units and bedrooms occupied or vacant. At the Redevelopment and Housing Department's request, Developer shall also provide to the Redevelopment and Housing Department completed income computation and certification forms, in a form acceptable to the Redevelopment and Housing Department , for any such household. Developer shall obtain, or shall cause to be obtained by the 4870-5433 -6183 , v. 2
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Property Manager , a certification from each tenant leasing an Affordable Unit demonstrating that such tenant meets the income and other eligibility requirements established for that Restricted Unit. The information provided should be of the extent and detail described in Health and Safety Code Section 33418, or as otherwise directed by City.
8. Monitoring and Fees. Pursuit to Chapter 18.90.090 B(2) of the City Development Code, the City may annually charge an administrative fee for reviewing and monitoring annual reports . Following the issuance of the Certificate of Completion, the Developer shall submit a Monitoring Fee to the Redevelopment and Housing Department on or before June 15 of each covenant year thereafter. The amount of administrative fees are subject to modification from time to time by the City.
9. Management Plan. Developer and its Property Manager shall submit for the approval of the Redevelopment and Housing Department a detailed "Management Plan" which sets forth in detail the duties of the Property Manager, tenant policies and procedures , rules and regulations of the Project and manner of enforcement, a standard lease form, and other matters relevant to the management of the Project. The management of the Project shall be in compliance with the Management Plan, which is approved by the Redevelopment and Housing Department and such approval shall not be unreasonably withheld. Developer and Property Manager may from time to time submit proposed amendments to the Management Plan , which shall also be subject to the prior written approval of the Redevelopment and Housing Department and such approval shall not be unreasonably withheld.
10. Tenant Selection, Leasing, and Occupancy. Property Manager shall be responsible for the selection , leasing, and occupancy by residents of the Restricted Units in accordance with its Management Plan in compliance with state and federal fair housing laws and this Agreement.
11. Resident Selection Procedures. Propert y Manager shall establish standard procedures for application , screening , and selection of tenants. Property manager may determine that an applicant is not eligible for admission if it has good cause to believe that the applicant has provided false or misleading information , will fail to pay rent in a timely manner, will create a substantial threat to the health and safety of other residents , or will damage the Property ; provided , however , it shall not violate any applicable law with respect to denying applicant eligibility for admission.
12. Lease and Occupancy Procedures. Each eligible applicant selected to occupy a Restricted Unit shall enter into a written occupancy agreement or lease with Developer , or its designated management agent, the form of which shall contain those provisions as are required by the Management Plan and this Agreement. Developer shall establish reasonable rules of conduct and occupancy that shall be consistent with State and Federal law and the Management Plan. The rules shall be in writing and shall be 4870-5433-6183 , V. 2
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given to each resident. Any amendment to said rules shall be effective no less than thirty (30) days after giving written notice thereof to each resident. All occupancy or rental, leases and the landlord-tenant relationship shall be subject to, and in compliance with California law and the Management Plan.
13. Maintenance and Repair. Developer agrees to assume full responsibility for the operation and maintenance of the Project and the Property throughout the Term.
Developer shall perform all repairs and replacements necessary to maintain and preserve the Project and the Property in good repair, in a neat, clean, safe and orderly condition.
Developer shall manage and maintain the Project on the Property in conformity with the Vista Municipal Code and in compliance with all applicable laws.
14. Sale, Assignment, Sublease or Other Transfer. Except for: (a) leases or rental units of particular dwelling units to tenants, (b) the lease or grant of an easement or license to the City, (c) transfers for financing purposes to institutional lenders made in the regular course of business, and ( d) other transfers, if any, expressly permitted under this Agreement, Developer may not sell, assign, sublease, or otherwise transfer this Agreement or the Project ( or portions thereof) , or any rights therein, nor make any total or partial sale, assignment, sublease, or transfer in any other mode or form of the whole or any part of the Property of the Project ( each of which events is referred to in this Agreement as an "Assignment") without the prior written notification provided to the City; prior to and as a condition of any Assignment, the transferee must execute an agreement ("Transferee Agreement") in recordable form under which the transferee agrees to be bound as Developer under the provisions of this Agreement. The provisions of this Agreement shall continue to apply without regard to whether any Assignment occurs (whether in conformity with this Agreement or not) without regard to whether such Transferee Agreement is executed or recorded. Any purported Assignment without the prior written consent of City shall be ineffective and null and void at the option of the City.
15. Indemnity/Hold Harmless. Neither the City, nor their respective officers, employees, agents or representatives shall be liable for injuries, damages or claims brought by developer, its officers, employees, agents, or representatives, or any other party, and developer shall save, protect, pay for, defend, indemnify and hold harmless the City, and their respective officers, employees, representatives , and agents (the "lndemnitees") from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants' fees, investigation fees, attorneys ' fees and other costs) (the foregoing are hereinafter collectively referred to as "Liabilities") which may now or in the future be incurred or suffered by the lndemnitees by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of the use by developer or its officers, employees, agents, representatives, of the subject site (including without 4870- 5433-6183 , V. 2
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limitation any release of hazardous materials or petroleum or petroleum products or by products on the subject site) or the breach by developer of its duties and obligations under this Agreement.
Neither Developer , nor its officers , employees , agents or representatives shall be liable for injuries , damages or claims brought by the City, or their respective officers , employees , agents , or representatives , or any other party, and the City, as applicable , shall save, protect, pay for, defend , indemnify and hold harmless the Licensee officers , employees , representatives , and agents (the "Indemnitees ") from and against any and all liabilities , suits, actions , claims , demands , penalties , damages (including , without limitation , penalties, fines and monetary sanctions) , losses, costs or expenses (including , without limitation , consultations ' fees , investigation fees, attorneys' fees and other costs (the foregoing are hereinafter collectively referred to as "Liabilities ") which may now or in the future be incurred or suffered by the Indemnitees by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of the negligence or willful misconduct of the City, or their respective officers , employees , agents, or representatives , or the breach by the City of its duties and obligations under this Agreement.
16. Compliance with Law. Developer agrees , at its sole cost and expense , to comply and secure compliance by all contractors and residents of the Property and Project with all the requirements now in force, or which may hereafter be in force, of all municipal , county , state and federal authorities , pertaining to the Property and the Project, as well as operations conducted thereon , and to faithfully observe and secure compliance by all contractors and residents of the Property and Project with, in the use of the Property and the Project all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, and to pay before delinquency all taxes, assessments , and fees, if any, assessor levied upon Developer or the Property or the Project , including the land and any buildings , structures , machines , appliances or other improvements of any nature whatsoever , erected , installed or maintained by Developer or by reason of the business or other activities of Developer upon or in connection with the Property and the Project subject to the right to contest in good faith such taxes and/or assessments. Developer shall use good faith efforts to prevent residents from maintaining any nuisance or other unlawful conduct on or about the Property , and shall take such actions as are reasonably required to abate any such violations by residents of the Property and Project. The judgment of any court of competent jurisdiction , or the admission of Developer or any sublessee or permittee in any action or proceeding against them , or any of them, whether the City be a party thereto or not, that Developer , sublessee or permittee has violated any such ordinance or statute in the use of the Property or the Project shall be conclusive of that fact as between the City and Developer , or such sublessee or permittee.
4870-5433-6183 , V. 2
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17. Conflict of Interest. No member , official or employee of the City shall have any personal interest, direct or indirect , in this Agreement nor shall any such member , official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any limited partnership , partnership or association in which he is directly or indirectly interested. Developer warrants that it has not paid or given , and will not pay or give, any third party any money or other consideration for obtaining this Agreement.
18. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shal I not be affected thereby and shall be enforceable to the greatest extent permitted by law.
19. Recordation. An original of this Agreement , and any amendment thereof , shall, at the expense of Developer , be acknowledged by each of the parties hereto and recorded and referenced in the official records of the County of San Diego , California concurrently with the recordation of the Grant Deed.
20. Binding Effect. This Agreement , and the terms, prov1s1ons, promises , covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs , legal representatives , successors and assigns.
21. Violation of Agreement by Developer. In the event of the material violation of any of the provisions of this Regulatory Agreement by Developer , the City shall give written notice thereof to Developer of such violation by specifying: (a) the nature of the event or deficiency giving rise to the violation , (b) the action required to cure the deficiency , if any action to cure is possible , and (c) a date, which shall not be less than thirty (30) days from the mailing of the notice by which such action to cure must be accomplished or if such breach is not reasonably susceptible of cure within such (30) day period , then within such additional time as is reasonably necessary to cure such failure , provided Developer has commenced cure within the initial thirty (30) day period and diligently pursues such cure to completion .
After the expiration of all applicable notice and cure periods as specified here, the City may, without further notice, declare in writing a default under this Agreement effective on the date of such declaration of default and upon any such declaration of default the City may apply to any court, state or federal, for specific performance of this Agreement; for the appointment of a receiver to take over and operate the Project in accordance with the terms of this Agreement , or for such other relief as may be appropriate , the venue for any such proceedings shall be in the County San Diego, State of California.
4870-5433-6183 , V. 2
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IN WITNESS WHEREOF , this Agreement constitutes the terms and conditions for the use of the Property and the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized officers as of the date first above written.
NOTE.· A CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT MUST BE ATTACHED FOR ALL SIGNATURES BELOW City of Vista:
APPROVED AS TO FORM:
APPROVED
Walter C. Chung
20240502093 13 S
4870 -5433 -6183 , V. 2
ER
Developer:
AMB SSF LLC a California limited liability
company
By: ------\1-'-\Nt-'--"'-_____:-_ - _- --=------
Robert Honer, Manager of AMB SSF LLC
~ ----
Robert Anselmo , Manager of AMB SSF
LLC
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 i/:'.X-'!.:;>':x - :X::,:>Q,'-.)0'-X?'JC!'->?XJ'.:>@)Q< · :._ ,;,0-,>:;!YYi><P-XY, - '-P<Xir. • v::>--XY-XY. C '->CY.X>'-xf-P.:>Q', - ~.:;Q'>..x:?'; .c :x;y,~ · C ~ - :;>:?'.:)&.· :._' . .>CY, 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 mo A~ before me, ~e{-\.~ .J \la.via ~ y1.:&b\(c.
Date Here Insert Name and ~ Officer
persona lly appeared J®Y\ C,C).()\e,_~
N e(~ of Signer(/)
who proved to me on the bas is of satisfactory evidence to be the person (?1 whose name (i8') is/ar~ subscr ibed to the within instrument and acknowledged to me that he/s~ /t~ y executed the same in his/h¢rlt~ ir authorized capacity(i ~ ). and that by his/hE?(/thf!ir signature ($) on the instrument the person(~). or the entity upon behalf of which the person (g') acted , executed the instrument. .•...... f
KATHERINE J. VALDEZ
Notary Public • Caltforni•
San Oi~o County !
Commission II 236292• -
y Comm. Expires Jun 27, 2025
Place Notary Seal Above
I cert ify under PENAL TY OF PERJURY under the laws
of the State of Californ ia that the forego ing paragraph is true and correct
WITNESS my hand and official seal
Signature [.d(o::::a,,__~a ~
Signatu ~ N~ blic
OPTIO NAL
Though this section is optional , comple ting this informat ion can deter alteration of the document or fraudulent reattachmen t of this form to an unintended document Description of Attached Document
Title or Type of Document A£fb~l~ l!N,,':inq ~e,bYIPr& (~eN 1a0: :?10, 15-Q:) Document Date _______________ ._) _____ Number of Pages _____ _ Signer(s) Other Than Named Above
Capacity(ies ) Claimed by Signer(s )
Signer 's Name _____ _______ _
Corporate Off icer- Title(s) ______ _
_ Partner -
Individual
Trustee
Limited • Genera l
.. Attorney in Fact
Guardian or Conservator
Other ____________ ___ _
Signer Is Representing _________ _
Signer 's Name _ ___________ _
Corpo rate Office r - Title(s)
Partner -
Individual
Trustee
Limited Genera l
_ Attorney in Fact
Guardian or Conservator
_ Other _____ ____ ____ _
Signer Is Represent ing ____ _____ _
©2016 National Notary Association• www NationalNotary org , 1-800-US NOT ARY (1-800-876-6827 ) Item #5907 10/02/2025
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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. ~::~,:fo~• i~;~ ~7) :
On (ha j L=~L ~ befo,e me, !?ell-{ &vi ~l!i l'WJ I {\~ J)uJdic Date ~ l, L ~re lnsert;iJame and Title oft e Officer
personally appeared ~ nf'J\t ~~ Q 0YY\ ()
Name(s) of Signer(s)
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.
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ____ ____ ________ ______ ______ _ _ Document Date: ____________________ Number of Pages: _____ _ Signer(s) Other Than Named Above : _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name : ____________ _ Signer's Name: ____________ _ D Corporate Officer - Title(s): _____ _ _ D Corporate Officer - Title(s): ______ _ □ Partner - D Limited D General D Partner - □ Limited □ General □ Individual D Attorney in Fact 0 Individual D Attorney in Fact □ Trustee D Guardian or Conservator D Trustee □ Guardian or Conservator □ Other: ________ ______ _ D Other: ________ ______ _
Signer Is Representing: _____ ____ _ Signer Is Representing : _____ ____ _ •<.,x.:,(."C(.V~ ,,Cf..,"C(..'(.j(;~ .. :.,,:.,,.'<.;<_,.,.;,(,,'<.;<.,,V._;/,.':"..A,'"C,,1..:G<,~ .. XY .... 'C<;C(, "'..;.(,<.X.,~ ; <.;<..,-C(.:< .. :.(.'C(.."'C<.,'<.:,<,;C{..",.;.'..,'.:.:(,.'<X:<:-<)<.:<.,v,.Y._.-(X,'(X,."Ci{,"'.;",<..;<.;<..<.,.'C(.X:,(.:C....~ ..... (;,,.,;<.;< .. '-< ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 10/02/2025
D1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the with in instrument and acknowledged to me that he/she/they executed the same in his/her/their authori zed capaci ty(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.
KELLY ~HM QUIHH
Hotary Public. California ~
San D\!iO County ~
Commission# 2439562
y Comm. Expires Feb 28, 2027
Place Notary Seal Abo ve
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
---------------OPTIONAL---------------
Though this section is optional, comple ting this informat ion can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ____ _____________________ ____ _ Documen t Date: ___ _ _______ ____ _ _ ___ Numbe r of Pages : _____ _ Signer (s) Other Than Named Above : ___ _______ ____ _______ _ _ _ Capacity(ies) Claimed by Signer(s)
Signer 's Name: ____ ___ _____ _ Signer 's Name: _ ______ ____ _ _ _ D Corporate Officer - Title(s): _ _____ _ 0 Corporate Officer - Title(s): ___ _ __ _ □ Partner - 0 Limited □ General 0 Partner - 0 Limited D General 0 Individual O Attorney in Fact □ Individual O Attorney in Fact 0 Trustee □ Guard ian or Conservator 0 Trustee □ Guard ian or Conservator D Other: _______ ________ _ D Other: _ ________ _____ _ Signer Is Representing : ____ ____ _ _ Signer Is Representing : ________ _ _ ..c.,."'<.X,-c<.,.v~ ... <;.'-.,:c<,.'(:.r..,;<.x.,.'<.;<.,:<.:,c,..-c<,."J,,,."....:..<...-c-..:<~'C<.,,'<.Y ..... -c.~-cx.,.,:,,(,<.;.<.."(,;,(,<.:<.."C(;-u(.,c<.:-c< .. c.<.,-c..:-<..,'O'J..X.'C<..'<..:,(,'<..'.-<..,VJ..,<x..'<.::<.,'C<,....,....:....,·c<.,:-G.-<.,'<.X.-"(,j("; <A,:c,,..,.,c;...,'(;(..~ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 10/02/2025
D1
Exhibit A
LEGAL DESCRIPTION
Real property in the City of Vista, County of San Diego, State of California, described as follows:
PARCEL DAS SHOWN ON PARCEL MAP NO. 1984, IN THE CTTY OF VISTA, COUNTY Of SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, OCTOBER 15, 1973 AS INSTRUMENT NO. 73-289542 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL OIL, PETROLEUM GAS, FISSIONABLE SUBSTANCES AND All KINDRED SUBSTANCES AND OTHER MATERIALS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND BUT WITHOUT ANY RIGHT Of SURFACE ENTRY.
APN: 180-310-15-00
4870-5433-6183, v. 2
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4933-5807-2602, v. 3
RECORDING REQUESTED BY:
CITY OF VISTA
WHEN RECORDED MAIL TO:
CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084-6275
ATTN: CITY CLERK
Fee Exempt: Government Code Section 27383
APN: 175-306-11-00
AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT (hereinafter "Agreement") entered into as of the ________day of ______________, between the City of Vis ta, (hereinafter referred to as the “City”) and LLJ CROSS PARK, LLC, (hereinafter referred to as the "Developer"), is made with reference to the following:
WHEREAS, City of Vista Development Code, Chapter 18.90 Residential Density Bonus Ordinance (Gov. Code section 6591, etc.) provides incentives to developers who produce housing for senior households and households with very low, low, or moderate incomes; WHEREAS, the Developer is the owner of certain real property in the City of Vista, in the County of San Diego, California , that is a 2.91 acre circular-shaped property located at 165 Eucalyptus Avenue Vista, CA 92084 , (hereinafter referred to as the “ Property”).
The Property is further described in Exhibit “A”, which is attached hereto and incorporated herein by this reference;
WHEREAS, the Developer has applied to the City to develop an apartment complex consisting of 176 rental units (hereinafter referred to as the “Project”) on the Property; WHEREAS, the Project includes the provision of affordable housing which enables a density bonus pursuant to State Law and Chapter 18.90 of the City Development Code.
The Project proposes 176 total apartment units, inclusive of 18 “very-low income” affordable units , at a density of 60 units per acre. The Developer will be using State Density Bonus allowances for concessions of development standards for providing 18 very-low income residential units, which equates to 15 percent of the total number of units, which allows up to three concessions and a density bonus of 50 percent, to achieve a desired density of 60 dwelling units per acre. The minimum design requirements for building height and a 10 -foot building façade stepback per the Downtown Vista Specific Plan will be waived pursuant to State Density Bonus Law. The City issued Project DRAFT
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EXHIBIT 14
4933-5807-2602, v. 3
approval subject to certain Conditions of Approval, including a condition requiring the Developer to enter into an Affordable Housing Agreement in which the Developer agrees to provide (18) affordable units to very low-income households.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Affordable Housing Obligation and Conditions of Approval. In order to satisfy the Conditions of Approval and requirements of the City’s Vista Development Code Section 18. 90, the Developer shall submit this agreement to the City and Agreement shall be executed prior to the approval of the first certificate of occupancy for any units within the Property.
2. Restricted Affordable Housing Units . Developer covenants and agrees for itself, its authorized successors and assigns, that during the term of this Agreement it will designate, make available, restrict occupancy to, and rent 18 units (hereina fter the “Restricted Units”) to qualified households, all at rents as prescribed below.
3. Obligation to Provide Affordable units. Developer shall provide the 18 affordable units to “ very-low income ” households. "Very-Low” Income-Level Household" shall mean a household whose gross adjusted income is not greater than fifty percent (50%) of AMI, as set forth by regulation of the U.S. Department of Housing and Urban Development, and adjusted periodically.
a. Target units must be compatible in floor plan, furnishings, and exterior design to non designated units. Further, the Target units must be reasonably dispersed throughout the development.
b. The target units shall comprise of eleven (11) 1 -bedroom and seven (7) 2 - bedroom units.
c. Affordable rent calculations shall be based on the updated AMI limits as adjusted for household size by the California Department of Housing and Community Development for San Diego County at 50% AMI. These limited rent amounts are gross rent which is equal to rent plus all tenant - paid utilities.
d. The Developer/Property Owner shall set aside each month, at the completion of the Project, the number of units and bedrooms which are designated for Target Households. A unit shall be counted toward meeting this requirement if it is either vacant or occupied by a Target Household.
Neither the City nor the Community Development Commission of the City of Vista will be providing additional housing subsidies.
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4. Term of Agreement. This Agreement shall be for a term commencing on the Effective Date hereof and terminating on the first day of the month after fifty -five (55) years from the date of issuance of the Certificate of Occupancy for the Project by the City (the "Term").
5. Income Verification of Tenants. Developer shall verify the income of each proposed tenant household of the Restricted Units prior to leasing any unit to the prospective tenant. Reasonable means shall be employed to verify said incomes, including third party verifications when available. Examples of acceptable verification include, but are not limited to payroll stubs, income tax filings, government entitlement letters (i.e. rental assistance, vouchers, and other public subsidies) , and bank statements .
Income shall be determined to be consistent with Health and Safety Code Section 50053 and 25 CCR section 6914, including without limitation the treatment of assets under 25 CCR section 6914.
Pursuant to Health and Safety Code Section 50053 ( 18), Very- Low Income Level households will be based on 50 percent of AMI adjusted for family size appropriate for the unit. F or those lower income households with gross incomes that exceed 50 percent of AMI adjusted for family size, a local option will require that affordable rent be established at a level not to exceed 30 percent, including a utility allowance, of gross income of the household.
If a tenant becomes over income, the Next Available Unit Rule (NAUR) applies.
Under the NAUR, the over -income unit continues to be treated as a low -income unit, provided the next available unit of comparable size is leased to an income -qualified household.
6. Rent Schedule. From the time of initial lease -up of each of the Restricted Units, Developer may adjust the rent presc ribed above for a period of one year ; such increases or decreases and any subsequent increases or decreases in rent may be made annually with proper notice to tenants and prior written notice to City based on affordable rent for the corresponding income levels and at affordable rents; affordable rents shall conform to the provisions of Health and Safety Code section 50053.
7. Initial and Annual Report on Restricted Units. Following the initial lease-up of Restricted Units to residents, and annually thereafter, within thirty (30) days of the close of Developer's fiscal year, during the term of this Agreement, the Developer shall submit to the Housing and Homeless Service Division a written report that states the income, household size, rent payable by each household that resided in the Restricted Units during the prior fiscal year, total units and bedrooms occupied or vacant . At the Housing and Homeless Services Division’s request, Developer shall also provide to the Housing and Homeless Services Division completed income computation and certification forms, in a form acceptable to the Housing and Homeless Services Division , for any such household. Developer shall obtain, or shall cause to be obtained by the DRAFT
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Property Manager, a certification from each tenant leasing an Affordable Unit demonstrating that such tenant meets the income and other eligibility requirements established for that Restricted Unit. The information provided should be of the extent and detail described in Health and Safety Code Section 33418.
8. Management Plan. Developer and its Property Manager shall submit for the approval of the Housing and Homeless Services Division a detailed "Management Plan" which sets forth in detail the duties of the Property Manager, tenant policies and procedures, rules and regulations of the Project and manner of enforcement, a standard lease form, and other matters relevant to the management of the Project. The management of the Project shall be in compliance with the Management Plan, which is approved by the Housing and Homeless Services Division and such approval shall not be unreasonably withheld. Developer and Property Manager may from time to time submit proposed amendments to the Management Plan, which shall also be subject to the prior written approval of the Housing and Homeless Services Division and such approval shall not be unreasonably withheld.
9. Tenant Selection, Leasing, and Occupancy. Property Manager shall be responsible for the selection, leasing, and occupancy by residents of the Restricted Units in accordance with its Management Plan in compliance with state and federal fair housing laws and this Agreement.
In an effort to promote public welfare and policy aimed at providing affordable housing units to those with the greatest need, the Developer shall also avail subject units to any individuals who are participants in a housing placement or a rental assistance program that is offered by a non -profit organization, government agency, or private corporation that is funded by a non -profit or government agency ("Qualified Programs").
This provision is to further avail and enhance the need for affordable housing to those most in need through established housing placement and rental assistance programs.
Individuals who are participants of Qualified Programs shall automatically satisfy the requirements of Sections 5 and 6. since i t aligns with the broader objectives of the Agreement to promote affordable housing opportunities in the City of Vista.
10. Resident Selection Procedures. Property Manager shall establish standard procedures for application, screening, and selection of tenants. Property manager may determine that an applicant is not eligible for admission if it has good cause to believe that the applicant has provided false or misleading information, will fail to pay rent in a timely manner, will create a substantial threat to the health and safety of other residents, or will damage the Property; provided, however, it shall not violate any applicable law with respect to denying applicant eligibility for admission.
11. Lease and Occupancy Procedures. Each eligible applicant selected to occupy a Restricted Unit shall enter into a written occupancy agreement or lease with Developer, or its designated management agent, the form of which shall contain those DRAFT
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provisions as are required by the Management Plan and this Agreement. Developer shall establish reasonable rules of conduct and occupancy that shall be consistent with State and Federal law and the Management Plan. The rules shall be in writing and shall be given to each resident. Any amendment to said rules shall be effective no less than thirty (30) days after giving written notice thereof to each resident. All occupancy or rental, leases and the landlord -tenant relationship shall be subject to, and in compliance with California law and the Management Plan.
12. Maintenance and Repair. Developer agrees to assume full responsibility for the operation and maintenance of the Project and the Property throughout the Term.
Developer shall perform all repairs and replacements necessary to maintain and preserve the Project and the Property in good repair, in a neat, clean, safe and orderly condition.
Developer shall manage and maintain the Project on the Property in conformity with the Vista Municipal Code and in compliance with all applicable laws.
13. Sale, Assignment, Sublease or Other Transfer . Except for: (a) leases or rental units of particular dwelling units to tenants, (b) the lease or grant of an easement or license to the City, (c) transfers for financing purposes to institutional lenders made in the regular course of business, and (d) other transfers, if any, expressly permitted under this Agreement, Developer may not sell, assign, sublease, or otherwise transfer this Agreement or the Project (or portions thereof) , or any rights therein, nor make any total or partial sale, assignment, sublease, or transfer in any other mode or form of the whole or any part of the Property of the Project (each of which events is referred to in this Agreement as an “Assignment”) without the prior written notification provided to the City; prior to and as a condition of any Assignment, the transferee must execute an agreement (“Transferee Agreement”) in recordable form under which the transferee agrees to be bound as Developer under the provisions of this Agreement. The provisions of this Agreement shall continue to apply without regard to whether any Assignment occurs (whether in conformity with this Agreement or not) without regard to whether such Transferee Agreement is executed or recorded. Any purported Assignment without the prior written consent of City shall be ineffective and null and void at the option of the City. The City shall not unreasonably withhold consent to any transfer so long as Developer complies with the requirements of Section 13.
14. Indemnity/Hold Harmless. Neither the City, nor their respective officers, employees, agents or representatives shall be liable for injuries, damages or claims brought by developer, its officers, employees, agents, or representatives, or any other party, and developer shall save, protect, pay for, defend, indemnify and hold harmless the City, and their respective officers, employees, representatives, and agents (the “Indemnitees”) from and against any and all liabilities, suits, actions, claims, demand s, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants’ fees, investigation fees, attorneys’ fees and other costs) (the foregoing are hereinafter DRAFT
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collectively referred to as “Liabilities”) which may now or in the future be incurred or suffered by the Indemnitees by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of the use by developer or its officers, employees, agents, representatives, of the subject site (including without limitation any release of hazardous materials or petroleum or petroleum products or by - products on the subject site) or the breach by developer of its duties and obligations under this Agreement.
Neither Developer, nor its officers, employees, agents or representatives shall be liable for injuries, damages or claims brought by the City, or their respective officers, employees, agents, or representatives, or any other party, and the City, as applicable, shall save, protect, pay for, defend, indemnify and hold harmless the Licensee officers, employees, representatives, and agents (the “Indemnitees”) from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultations’ fees, investigation fees, attorneys’ fees and other costs (the foregoing are hereinafter collectively referred to as “Liabilities”) which may now or in the future be incurred or suffered by the Indemnitees by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of the negligence or willful misconduct of the City, or their respective officers, employees, agents, or representatives, or the breach by the City of its duties and obligations under this Agreement.
15. Compliance with Law. Developer agrees, at its sole cost and expense, to comply and secure compliance by all contractors and residents of the Property and Project with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Property and the Project, as well as operations conducted thereon, and to faithfully observe and secure compliance by all contractors and residents of the Property and Project with, in the use o f the Property and the Project all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, and to pay before delinquency all taxes, assessments, and fees, if any, assessor levied upon Developer or the Property or the Project, including the land and any buildings, structures, machines, appliances or other improvements of any nature whatsoever, erected, installed or maintained by Developer or by reason of the business or other activities of De veloper upon or in connection with the Property and the Project subject to the right to contest in good faith such taxes and/or assessments. Developer shall use good faith efforts to prevent residents from maintaining any nuisance or other unlawful conduct on or about the Property, and shall take such actions as are reasonably required to abate any such violations by residents of the Property and Project. The judgment of any court of competent jurisdiction, or the admission of Developer or any sublessee o r permittee in any action or proceeding against them, or any of them, whether the City be a party thereto or not, that Developer, sublessee or permittee has violated any such ordinance or statute in the use of the DRAFT
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Property or the Project shall be conclusive of that fact as between the City and Developer, or such sublessee or permittee.
16. Conflict of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any limited partnership, partnership or association in which he is directly or indirectly interested. Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement.
17. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforceable to the greatest extent permitted by law.
18. Recordation. An original of this Agreement, and any amendment thereof, shall, at the expense of Developer, be acknowledged by each of the parties hereto and recorded and referenced in the official records of the County of San Diego, California concurrently with the recordation of the Grant Deed.
19. Binding Effect. This Agreement, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
20. Violation of Agreement by Developer. In the event of the material violation of any of the provisions of this Regulatory Agreement by Developer, the City shall give written notice thereof to Developer of such violation by specifying: (a) the nature of the event or deficiency giving rise to the violation, (b) the action required to cure the deficiency, if any action to cure is possible, and (c) a date, which shall not be less than thirty (30) days from the mailing of the notice by which such action to cure must be accomplished or if such breach is not reasonably susceptible of cure within such (30) day period, then within such additional time as is reasonably necessary to cure such failure, provided Developer has commenced cure within the initial thirty (30) day period and diligently pursues such cure to completion.
After the expiration of all applicable notice and cure periods as specified here, the City may, without further notice, declare in writing a default under this Agreement effective on the date of such declaration of default and upon any such declaration of default the City may apply to any court, state or federal, for specific performance of this Agreement; for the appointment of a receiver to take over and operate the Project in accordance with the terms of this Agreement, or for such other relief as may be DRAFT
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appropriate, the venue for any such proceedings shall be in the County San Diego, State of California.
IN WITNESS WHEREOF, this Agreement constitutes the terms and conditions for the use of the Property and the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized officers as of the date first above written.
“CITY”
CITY OF VISTA , a chartered municipal
corporation
“DEVELOPER”
LLJ CROSS PARK, LLC, a California
limited liability company
By:
JOHN CONLEY, CITY MANAGER
FORM APPROVED BY:
By:
GREG DRAKOS, LLJ CROSS PARK, LLC
APPROVED
Amanda L. Guy
20250213135503
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOT 1 THROUGH 8 INCLUSIVE OF LA PLAZA REAL, IN THE CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2096, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1928.
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RECORDING REQUESTED BY
CHICAGO TITLE COMPANY
COMMERCIAL DIVISION
RECORDING REQUESTED BY:
CITY OF VISTA
WHEN RECORDED MAIL TO:
CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084-6275
ATTN: CITY CLERK
APN: 179-130--31-00
~3eoA.c.c_
DOC# 2025-0052375
1111111111111111111111111111111111111111111111111111 IIIII IIIII IIII IIII Feb 28, 2025 02:46 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $44.00 (SB2 Atkins: $0.00)
PAGES: 11
Fee Exem t: Government Code Section 27383
AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT (hereinafter "Agreement") entered into as of the '2..5 day of fel,.l'uq,r .2o2s , between the City of Vista, (hereinafter referred to as the "City") and Escondido Ventures, LLC, (hereinafter referred to as the "Developer"), is made with reference to the following:
WHEREAS, City of Vista Development Code, Chapter 18.90 Residential Density Bonus Ordinance (Gov. Code section 6591, etc.) provides incentives to developers who produce housing for senior households and households with very low, low, or moderate incomes; WHEREAS, the Developer is the owner of certain real property in the City of Vista, in the County of San Diego, California, located at 952 Postal Way (address), (hereinafter referred to as the "Property"), as further described in Exhibit "A", which is attached . hereto and incorporated herein by this reference;
WHEREAS, the Developer has applied to the City to develop an apartment complex consisting of 36 rental units (hereinafter referred to as the "Project") on the Property; WHEREAS, the Developer made application to the City for entitlements for the development of the Property. The Project site is designated (Mixed Use (MU) in the Land Use and Community Identity (LUCI) Element of the General Plan), which allows multi family residential development at a maximum density of up to 40 units per acre. The site is correspondingly zoned as South Gateway District of the Downtown Vista Specific Plan area. Based on the gross lot area of 1.36 acres, the Project site would allow for 40 residential units where the zone allows for a maximum density of 30 dwellings units per acre on the subject site; and
WHEREAS, the Project includes the provision of affordable housing which enables a density bonus pursuant to State Law and Chapter 18.90 of the City Development Code.
This document filed for record as
~n accommodation only. It has not
been examined as to its execution
or as to its effect upon the title.
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RECORDING REQUESTED BY
CHICAGO TITLE COMPANY
COMMERCIAL DIVISION
RECORDING REQUESTED BY:
CITY OF VISTA
WHEN RECORDED MAIL TO:
CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084-6275
ATTN: CITY CLERK
APN: 179-130-31-00
~3eo A.cc__
Fee Exem t: Government Code Section 27383
AFFORDABLE HOUSING AGREEMENT
This AFFORDABLE HOUSING AGREEMENT (hereinafter "Agreement") entered into as of the -2S day of Fe.L,,,x,,r 2 o2 s , between the City of Vista, (hereinafter referred to as the "City") and Escondido Ventures, LLC, (hereinafter referred to as the "Developer"), is made with reference to the following:
WHEREAS, City of Vista Development Code, Chapter 18.90 Residential Density Bonus Ordinance (Gov. Code section 6591, etc.) provides incentives to developers who produce housing for senior households and households with very low, low, or moderate incomes; WHEREAS, the Developer is the owner of certain real property in the City of Vista, in the County of San Diego, California, located at 952 Postal Way (address), (hereinafter referred to as the "Property "), as further described in Exhibit "A", which is attached hereto and incorporated herein by this reference ;
WHEREAS , the Developer has applied to the City to develop an apartment complex consisting of 36 rental units (hereinafter referred to as the "Project") on the Property; WHEREAS, the Developer made application to the City for entitlements for the development of the Property. The Project site is designated (Mixed Use (MU) in the Land Use and Community Identity (LUCI) Element of the General Plan), which allows multi family residential development at a maximum density of up to 40 units per acre. The site is correspondingly zoned as South Gateway District of the Downtown Vista Specific Plan area. Based on the gross lot area of 1.36 acres, the Project site would allow for 40 residential units where the zone allows for a maximum density of 30 dwellings units per acre on the subject site; and
WHEREAS, the Project includes the provision of affordable housing which enables a density bonus pursuant to State Law and Chapter 18.90 of the City Development Code.
This document filed for record as
an accommodation only. It has not
been examined as to its execution
or as to its effect upon the title.
10/02/2025
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The Project proposes 36 total apartment units, inclusive of seven "7 low-income" affordable units. By providing seven affordable units (19% of the allowable base density), the Project is eligible for two "concessions" (relief from two zoning requirements: (1) elimination of the minimum open space requirement of 200 square feet per residential unit pursuant to the Downtown Vista Specific Plan and (2) elimination of required improvements within the public rights-of-way (i.e. repairs to public streets, pedestrian ramp, and replacement of driveway aprons)). The project does not include a request for bonus in project density. The City issued Project approval subject to certain Conditions of Approval, including a condition requiring the Developer to enter into an Affordable Housing Agreement in which the Developer agrees to provide (7) affordable units to seven low-income households.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Affordable Housing Obligation and Conditions of Approval. In order to satisfy the Conditions of Approval and requirements of the City's Vista Development Code Section 18.90, the Developer shall submit this agreement to the City and Agreement shall be executed prior to the approval of the first certificate of occupancy for any units within the Property.
2. Restricted Affordable Housing Units. Developer covenants and agrees for itself, its authorized successors and assigns, that during the term of this Agreement it will designate, make available, restrict occupancy to, and rent 7 units (hereinafter the "Restricted Units") to qualified households, all at rents as prescribed below.
3. Obligation to Provide Affordable units. Developer shall provide the 7 affordable units to "low income households". "Low Income Household" shall mean a household whose gross adjusted income is not greater than 80 percent (80%) of AMI, as set forth by regulation of the U.S. Department of Housing and Urban Development , and adjusted periodically.
a. Target units must be compatible in floor plan, furnishings, and exterior design to non designated units. Further, the Target units must be reasonably dispersed throughout the development.
b. All of the target units shall be a one bedroom.
c. Affordable rent calculations shall be based on the updated AMI limits as adjusted for household size by the California Department of Housing and Community Development for San Diego County at 80% AMI. These limited rent amounts are gross rent which is equal to rent plus all tenant paid utilities.
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d. The developer/Property Owner shall set aside each month, at the completion of the Project, the number of units and bedrooms which are designated for Target Households. A unit shall be counted toward meeting this requirement if it is either vacant or occupied by a Target Household.
Neither the City nor the Community Development Commission of the City of Vista will be providing additional housing subsidies.
4. Term of Agreement. This Agreement shall be for a term commencing on the Effective Date hereof and terminating on the first day of the month after fifty-five ( 55) years from the date of issuance of the Certificate of Occupancy for the Project by the City (the "Term"), (e.g. if the Certificate of Occupancy is issued on c, ,/0,/.:2.g -:,..1;,, , then the termination date will be o /ci/208 , .) r ' r ,
5. Income Verification of Tenants. Developer shall verify the income of each proposed tenant household of the Restricted Units prior to leasing any unit to the prospective tenant. Reasonable means shall be employed to verify said incomes, including third party verifications when available. Examples of acceptable verification include, but are not limited to payroll stubs, income tax filings, government entitlement letters (i.e. rental assistance, vouchers, and other public subsidies) , and bank statements .
Income shall be determined consistent with Health and Safety Code Section 50053 and 25 CCR section 6914, including without limitation the treatment of assets under 25 CCR section 6914.
Pursuant to Health and Safety Code Section 50053 ( 4), low income households will be based on 60 percent of AMI adjusted for family size appropriate for the unit. For those lower income households with gross incomes that exceed 60 percent of AMI adjusted for family size, a local option will require that affordable rent be established at a level not to exceed 30 percent, including a utility allowance, of gross income of the household.
If a tenant becomes over income, the Next Available Unit Rule (NAUR) applies.
Under the NAUR, the over-income unit continues to be treated as a low-income unit, provided the next available unit of comparable size is leased to an income-qualified household.
6. Rent Schedule. From the time of initial lease-up of each of the Restricted Units, Developer may adjust the rent prescribed above for a period of one year; such increases or decreases and any subsequent increases or decreases in rent may be made annually with proper notice to tenants and prior written notice to City based on affordable rent for the corresponding income levels and at affordable rents; affordable rents shall conform to the provisions of Health and Safety Code section 50053 consistent with the respective income levels set forth in the fifth recital hereof. 10/02/2025
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7. Initial and Annual Report on Restricted Units. Following the initial lease-up of Restricted Units to residents, and annually thereafter, within thirty (30) days of the close of Developer's fiscal year, during the term of this Agreement, the Developer shall submit to the Redevelopment and Housing Department a written report that states the income, household size, rent payable by each household that resided in the Restricted Units during the prior fiscal year, total units and bedrooms occupied or vacant. At the Redevelopment and Housing Department's request, Developer shall also provide to the Redeve)opment and Housing Department completed income computation and certification forms, in a form acceptable to the Redevelopment and Housing Department , for any such household . Developer shall obtain, or shall cause to be obtained by the Property Manager, a certification from each tenant leasing an Affordable Unit demonstrating that such tenant meets the income and other eligibility requirements established for that Restricted Unit. The information_ provided should be of the extent and detail described in Health and Safety Code Section 33418.
8. Management Plan. Developer and its Property Manager shall submit for the approval of the Redevelopment and Housing Department a detailed "Management Plan" which sets forth in detail the duties of the Property Manager, tenant policies and procedures, rules and regulations of the Project and manner of enforcement, a standard lease form, and other matters relevant to the management of the Project. The management of the Project shall be in compliance with the Management Plan, which is approved by the Redevelopment and Housing Department and such approval shall not be unreasonably withheld. Developer and Property Manager may from time to time submit proposed amendments to the Management Plan, which shall also be subject to the prior written approval of the Redevelopment and Housing Department and such approval shall not be unreasonably withheld.
9. Tenant Selection, Leasing, and Occupancy. Property Manager shall be responsible for the selection, leasing, and occupancy by residents of the Restricted Units in accordance with its Management Plan in compliance with state and federal fair housing laws and this Agreement.
In an effort to promote public welfare and policy aimed at providing affordable housing units to those with the greatest need, the Developer shall also avail subject units to any individuals who are participants in a housing placement or a rental assistance program that is offered by a non-profit organization, government agency, or private corporation that is funded by a non-profit or government agency ("Qualified Programs") .
This provision is to further avail and enhance the need for affordable housing to those most in need through established housing placement and rental assistance programs.
Individuals who are participants of Qualified Programs shall automatically satisfy the requirements of Sections 5 and 6. since it aligns with the broader objectives of the Agreement to promote affordable housing opportunities in the City of Vista. 10/02/2025
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10. Resident Selection Procedures. Property Manager shall establish standard procedures for application, screening, and selection of tenants. Property manager may determine that an applicant is not eligible for admission if it has good cause to believe that the applicant has provided false or misleading information, will fail to pay rent in a timely manner, will create a substantial threat to the health and safety of other residents, or will damage the Property; provided, however, it shall not violate any applicable law with respect to denying applicant eligibility for admission.
11. Lease and Occupancy Procedures. Each eligible applicant selected to occupy a Restricted Unit shall enter into a written occupancy agreement or lease with Developer, or its designated management agent, the form of which shall contain those provisions as are required by the Management Plan and this Agreement. Developer shall establish reasonable rules of conduct and occupancy that shall be consistent with State and Federal law and the Management Plan. The rules shall be in writing and shall be given to each resident. Any amendment to said rules shall be effective no less than thirty (30) days after giving written notice thereof to each resident. All occupancy or rental, leases and the landlord-tenant relationship shall be subject to, and in compliance with California law and the Management Plan.
12. Maintenance and Repair. Developer agrees to assume full responsibility for the operation and maintenance of the Project and the Property throughout the Term.
Developer shall perform all repairs and replacements necessary to maintain and preserve the Project and the Property in good repair, in a neat, clean, safe and orderly condition.
Developer shall manage and maintain the Project on the Property in conformity with the Vista Municipal Code and in compliance with all applicable laws.
13. Sale, Assignment, Sublease or Other Transfer. Except for: (a) leases or rental units of particular dwelling units to tenants, (b) the lease or grant of an easement or license to the City, (c) transfers for financing purposes to institutional lenders made in the regular course of business, and (d) other transfers, if any, expressly permitted under this Agreement, Developer may not sell, assign, sublease, or otherwise transfer this Agreement or the Project ( or portions thereof) , or any rights therein, nor make any total or partial sale, assignment , sublease, or transfer in any other mode or form of the whole or any part of the Property of the Project ( each of which events is referred to in this Agreement as an "Assignment") without the prior written notification provided to the City; prior to and as a condition of any Assignment, the transferee must execute an agreement ("Transferee Agreement") in recordable form under which the transferee agrees to be bound as Developer under the provisions of this Agreement. The provisions of this Agreement shall continue to apply without regard to whether any Assignment occurs (whether in conformity with this Agreement or not) without regard to whether such Transferee Agreement is executed or recorded. Any purported Assignment without the prior written consent of City shall be ineffective and null and void at the option of the 10/02/2025
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City. The City shall not unreasonably withhold consent to any transfer so long as Developer complies with the requirements of Section 13.
14. Indemnity/Hold Harmless. Neither the City, nor their respective officers, employees, agents or representatives shall be liable for injuries, damages or claims brought by developer, its officers, employees, agents, or representatives, or any other party, and developer shall save, protect, pay for, defend, indemnify and hold harmless the City, and their respective officers, employees, representatives , and agents (the "Indemnitees") from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants ' fees, investigation fees, attorneys' fees and other costs) (the foregoing are hereinafter collectively referred to as "Liabilities") which may now or in the future be incurred or suffered by the lndemnitees by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of the use by developer or its officers, employees, agents, representatives , of the subject site (including without limitation any release of hazardous materials or petroleum or petroleum products or by products on the subject site) or the breach by developer of its duties and obligations under this Agreement.
Neither Developer, nor its officers, employees , agents or representatives shall be liable for injuries, damages or claims brought by the City, or their respective officers, employees, agents, or representatives , or any other party, and the City, as applicable, shall save, protect, pay for, defend, indemnify and hold harmless the Licensee officers, employees, representatives , and agents (the "lndemnitees ") from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties , fines and monetary sanctions) , losses, costs or expenses (including, without limitation, consultations ' fees, investigation fees, attorneys ' fees and other costs (the foregoing are hereinafter collectively referred to as "Liabilities") which may now or in the future be incurred or suffered by the Indemnitees by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of the negligence or willful misconduct of the City, or their respective officers, employees, agents, or representatives, or the breach by the City of its duties and obligations under this Agreement.
15. Compliance with Law. Developer agrees, at its sole cost and expense, to comply and secure compliance by all contractors and residents of the Property and Project with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Property and the Project, as well as operations conducted thereon, and to faithfully observe and secure compliance by all contractors and residents of the Property and Project with, in the use of the Property and the Project all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, and to pay before 10/02/2025
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delinquency all taxes, assessments , and fees, if any, assessor levied upon Developer or the Property or the Project, including the land and any buildings, structures, machines, appliances or other improvements of any nature whatsoever , erected, installed or maintained by Developer or by reason of the business or other activities of Developer upon or in connection with the Property and the Project subject to the right to contest in good faith such taxes and/or assessments. Developer shall use good faith efforts to prevent residents from maintaining any nuisance or other unlawful conduct on or about the Property, and shall take such actions as are reasonably required to abate any such violations by residents of the Property and Project. The judgment of any court of competent jurisdiction, or the admission of Developer or any sublessee or permittee in any action or proceeding against them, or any of them, whether the City be a party thereto or not, that Developer, sublessee or permittee has violated any such ordinance or statute in the use of the _property or the Project shall be conclusive ofJhat fact as between the City and Developer, or such sublessee or permittee.
16. Conflict of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any limited partnership , partnership or association in which he is directly or indirectly interested. Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement.
17. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforceable to the greatest extent permitted by law.
18. Recordation. An original of this Agreement, and any amendment thereof, shall, at the expense of Developer, be acknowledged by each of the parties hereto and recorded and referenced in the official records of the County of San Diego, California concurrently with the recordation of the Grant Deed.
19. Binding Effect. This Agreement, and the terms, prov1s1ons, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
20. Violation of Agreement by Developer. In the event of the material violation of any of the provisions of this Regulatory Agreement by Developer, the City shall give written notice thereof to Developer of such violation by specifying: (a) the nature of the event or deficiency giving rise to the violation, (b) the action required to cure the deficiency , if any action to cure is possible, and (c) a date, which shall not be less than thirty (30) days from the mailing of the notice by which such action to cure 10/02/2025
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must be accomplished or if such breach is not reasonably susceptible of cure within such (30) day period, then within such additional time as is reasonably necessary to cure such failure, provided Developer has commenced cure within the initial thirty (30) day period and diligently pursues such cure to completion.
After the expiration of all applicable notice and cure periods as specified here, the City may, without further notice, declare in writing a default under this Agreement effective on the date of such declaration of default and upon any such declaration of default the City may apply to any court, state or federal, for specific performance of this Agreement ; for the appointment of a receiver to take over and operate the Project in accordance with the terms of this Agreement, or for such other relief as may be appropriate, the venue for any such proceedings shall be in the County San Diego, State of California.
IN WITNESS WHEREOF , this Agreement constitutes the terms and conditions for the use of the Property and the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized officers as of the date first above written.
"CITY " "DEVELOPER"
CITY OF VISTA, a chartered municipal Escondido Ventures, LLC, a California corporation limited liability company
~---'-----
J
WALTER CHUNG, CITY ATTORNEY
BHAVESH PATEL , MANGER
APPROVED
Walter C. Chung
202408 12142806
10/02/2025
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/
Exhibit A
(
R!CORDATION REQUESTED BY:
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WHEN RECORDED IIAIL TO:
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Legal Description
Hll llfG0ffll£R'S U§E OftLY
OEED OF TRUST
MAXIMU Ul!N. The hn of lhla Deed of T not t:xceed ■ t any one tilM $1,800,000.00 .
THIS DEED 0, TRUST da1-d Mardi 11, 2022, aJIIOIIQ Elc:ondldo ven1u .... LLC. a Clltlfomfa llmlltd ny, wtlOM eddtua It 1850 tiotlll Circle North, 120, S.n Diego, CA 92101 ('"Truaa>I"); !ntarprls• Bank & Truet, wllou addrets Cbul■ Vl&ta (FCB). 530 Bro.4~. Chuta Vista, CA t1t10 (fffwM to beJow Mlffl9tlmN • •L.ende(' and sometimes n cl1ry"); nd Chtrfonl, Inc., ..,.. ■d1hs II 150 North Mel'lmte, Claytcll. O 63105 (rtfured to ,_ u "Tru ee"}. c:ceNUAMCE AND OIIMIT . '- ~ .... __ .... O\
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10/02/2025
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ACKNOWLEDGMENT
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 San Diego
On t-vbnttwvyj V/1 ?;o--v~ - before me, ~,1 f ~ r' , Ltt&~ . [\lo~ &tbtic (insert nam ~nd title; he officer)'
personally appeared ------ --'d--"--'-''-'-'---v-' ........... ~..,,.__ --------------- who proved to me on the basis of satisfactory evidenc 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
l , ,,. KALLISON M. LEAHY
: :i ..... . -; Notlry Publlc - California ~
I ~ ;; San Diego County ~
i Commission # 2-465279
.,,~ My Comm. Expires Oct 3, 2027
(Seal)
10/02/2025
D1
• I
ACKNOWLEDGMENT
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 QAN U IE-6D
before me, TE J"AL ?hr:C-L I NoT'f\-<2-Lf Tu'\3,L\c_
(insert name and title of the officer)
personally appeared ·B\-"\frVl-Sl-1 '-"PATI:-'L
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 PENAL TY 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 - ~..._l_~WS:a.=""'"""""""""--------
r . ... ~.. .. TEJAL SANJAY PATEL t t • . •. Commission No. 2408099 ~ ~ • NOTARY PUBLIC - CALIFORNIA l
SAN DIEGO COUNTY
I Commission Expires June 15, 2026 l
W W\
(Seal)
10/02/2025
D1