HomeMy WebLinkAbout1997-023571 Recording Requested By Doc No: 1997-023571 Rec No: 00030707
City of Arroyo Grande Official Records NF 0 .00
San Luis Obispo Co.
When Recorded, Return to: Julie L. Rodewa l d
Recorder
May 09 , 1997
Planning Department Time: 13: 10
City of Arroyo Grande C
214 East Branch Street 6] ; TOTAL 0 . 00
Arroyo Grande, CA 93421
REGULATORY AGREEMENT
THIS AGREEMENT AND COVENANT is entered into by and between the CITY OF
ARROYO GRANDE, a municipal corporation and one of the cities of the State of California,
(hereinafter called "City") and PEOPLES' SELF-HELP HOUSING CORPORATION, a
California non-profit corporation (hereinafter referred to as "Owner"), who agree as follows:
I. This agreement is entered into with reference to the following facts and circumstances:
A. Owner is the record owner of the real property described on Exhibit "A"
attached hereto, (hereinafter referred to as "the Property"); and
B. Owner has acquired the Property located at 205 Barnett Street, Arroyo Grande,
for the purpose of improving the condition of the Property and providing
affordable housing, and
C. Acquisition and development of the property with CDBG grant funds has been
approved by the State and City subject to the condition that the use of the
Property shall be restricted to affordable housing; and,
D. It is intended that the restrictions created hereby shall be irrevocable and
constitute enforceable covenants and restrictions on the use and enjoyment of
the property. It is provided, however, that in order for the Owner to develop
the property in accordance with the terms of this Regulatory Agreement and
those terms which may be included in Regulatory Agreements proposed by the
State of California or other Lenders as a condition of subsequent loans for
development of the subject property and project, the City shall not withhold its
consent to the subordination and shall consent to the subordination of this
Regulatory Agreement to recorded liens and terms of any State loan or private
,.
Bank, loaning funds expressly for and limited to expenditures for the
improvement of the subject property for the purpose of providing affordable
housing and thus advancing the purposes of and conforming to the terms and
conditions of this Regulatory Agreement.
II. In consideration of the conditions of the Community Development Block Grant #96--
STBG-996, the Owner for itself and its Successors and assigns in interest hereby agree
with the City that there shall be and hereby are created the following restrictions on the
use and enjoyment of the Property:
A. The Property shall be used for the purposes of providing affordable housing to
persons with incomes not exceeding 80% of the area median income, and monthly
housing cost not exceeding 30% of 80% of area median income, adjusted by household
size appropriate for that unit.
III. If any provision of this Agreement is held to be invalid or for any reason becomes
unenforceable, no other provision shall be thereby affected or impaired.
IV. This Agreement is hereby deemed and agreed by the parties to be a covenant running
with the land for thirty (30) years, and shall bind the Owner and the City and their
Successors in interest or assigns.
V. It is intended that the restrictions created hereby shall be irrevocable and constitute
enforceable covenants and restrictions on the use and enjoyment of the property. It is
provided, however, that in order for the Owner to develop the property in accordance
with the terms of this Regulatory Agreement and those terms which may be included in
Regulatory Agreements proposed by the State of California or other Lenders as a
condition of subsequent loans for development of the subject property and project, the
City shall not withhold its consent to the subordination and shall consent to the
subordination of this Regulatory Agreement to recorded liens and terms of any State
loan or private Bank, loaning funds expressly for and limited to expenditures for the
improvement of the subject property for the purpose of providing affordable housing
and thus advancing the purposes of and conforming to the terms and conditions of this
Regulatory Agreement.
VI. Owner and City intend and consent to the recordation of this agreement in the office of
the County Recorder of the County of San Luis Obispo.
2
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and
year first above written.
DATED: May 6, 1997
Owner: PEOPLES' SELF-HELP HOUSING CORPORATION
a California non-profit corporation
By:
J ette Duncan, Executive Director
City: CITY OFF'ARROYO GRANDE
By: kW�! 1,. th.l.)./--;Th May 9 , 1997
Robert L. Hunt, City Manager Date
3
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF SAN LUIS OBISPO } S.S.
On May 6, 1997,before me,Elizabeth Lopez, a Notary Public in and for said County
and State, personally appeared --JEANETTE DUNCAN--personally known to me
to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity, and that
by her signature on the instrument, the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
(seal)
WITNESS my hand and official seal.
v , " .r •, QamEn4 LOPEZ
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Loose Certificate - Regulatory Agreement(AG)
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NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF SAN LUIS OBISPO} S.S.
On May 9, 1997, before me, Nancy A. Davis, a Notary Public in and for said County
and State, personally appeared--Robert L. Hunt--personally known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the
instrument, the person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument.
(seal)
WITNESS my hand and official seal.
NANCY A,DAVIS
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EXHIBIT A
DESCRIPTION
THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN LUIS OBISPO, AND IS DESCRIBED AS FOLLOWS:
Lots 5, 6, 7, 8, 9, 10, I 1, and 12 in Block 6 of Western Addition in the City of
Arroyo Grande, in the County of San Lus Obispo, State of California, according to
map recorded April 10, 1894 in Book B, Page 10 of Maps, in the office of the County
Recorder of said County.
END OF DOCUMENT