HomeMy WebLinkAboutSun House Senior Apartments, L. P. 2016-03-01 - AgreementRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Ukiah as Housing Successor
300 Seminary Avenue
Ukiah, CA 95482
Attn: Executive Director
No fee document pursuant to
Government Code Section 27383
2016 -03200
Recorded at the request of'.
CITY OF UKIAH
03/17/2016 01:47 PM
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OFFICIAL RECORDS
Susan M. Ranochak - Clerk- Recorder
Mendocino County, CA
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REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement ") is
made and entered into as of March 1, 2016 by and between the City of Ukiah ( "City "), a general
law city, acting in its capacity as the City's Housing Successor (the "Housing Successor ") and
Sun House Senior Apartments, L.P., a California limited partnership (the "Developer "). The
Housing Successor and the Developer are sometimes referred to in this Agreement individually
as a "Party" and collectively as the "Parties ".
RECITALS
1. The Housing Successor has entered into a Disposition Agreement (the "Agreement ")
with Developer under which the Housing Successor agrees to convey for $1,045,000
undeveloped land to Developer located in the City of Ukiah, County of Mendocino, more
particularly described in Exhibit A attached to and incorporated in this Agreement (the
"Property "). The Property will be used for construction and development of a 42 -unit rental
housing development for low and moderate income seniors (including one unrestricted unit for a
resident manager).
2. The Property was acquired from the City's former Redevelopment Agency with funds
from the funds set aside pursuant to Health and Safety Code Section 33334.2.
3. In accordance with the Redevelopment, the expenditure of monies to acquire the Property
and convey it to the Developer will serve the purposes of Section 33334.2 of the Redevelopment
Law, by improving and increasing the community's supply of affordable housing.
4. The Housing Successor has agreed to convey the Property to Developer on the condition
that the Development be maintained and operated in accordance with Health and Safety Sections
33334.2 et seq., 33413(a) and 33413(b)(2)(A)(ii), and in accordance with additional restrictions
concerning affordability, operation, and maintenance of the Development, as specified in this
Agreement.
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5. In consideration of receipt of the Property for $1,045,000, and other good and valuable
consideration, the receipt of which is hereby acknowledged, Developer has further agreed to
observe all the terms and conditions set forth below.
6. In order to ensure that the entire Development will be used and operated in accordance
with these conditions and restrictions, the Housing Successor and Developer wish to enter into
this Agreement.
THEREFORE, the Housing Successor and Developer agree as follows.
ARTICLE 1.
DEFINITIONS
1.1 Definitions. When used in this Agreement, the following terms shall have the
respective meanings assigned to them in this Article 1.
(a) "Actual Household Size" shall mean the actual number of persons in the
applicable household.
(b) "Adjusted Income" shall mean the total anticipated annual income of all
persons in a household, as calculated in accordance with 25 California Code of Regulations
Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar
method of calculation of adjusted income. In the event that no such program exists, the Housing
Successor shall provide the Developer with a reasonably similar method of calculation of
adjusted income as provided in said Section 6914.
(c) "Agreement" shall mean this= Regulatory Agreement and Declaration of
Restrictive Covenants.
(d) "Apartments" shall mean the units of rental housing to be made available
to low- income and moderate - income households, in accordance with this Agreement.
(e) "Assumed Household Size" shall have the meaning set forth in Section
2.2(c).
(f) "Housing Successor" means the City of Ukiah, acting in the capacity of the
Housing Successor in accordance with Health and Safety Code Sections 34176 and 34176.
"City" shall mean the City of Ukiah, a municipal corporation.
(g) "Developer" shall mean Sun House Senior Apartments, L.P., a California
limited partnership, and its successors and assigns as permitted by this Agreement.
(h) "Development" shall mean the Property and the Improvements.
(i) "Low Income Household" shall mean a household with an Adjusted Income
which does not exceed Eighty Percent (80 %) of Median Income, adjusted for Actual Household
Size.
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(j) "Low Income Rent" shall mean the maximum allowable rent for a Low
Income Unit pursuant to Section 2.2(a) below.
(k) "Low Income Units" shall mean the Units which, pursuant to Section 2.1(b)
below, are required to be occupied by Low Income Households.
(1) "Improvements" shall mean the improvements to be constructed by the
Developer on the Property, including the Apartments, and appurtenant landscaping and
improvements.
(m) "Median Income" shall mean the median gross yearly income adjusted for
Actual Household Size or Assumed Household Size, as specified in this Agreement, in the
County of Mendocino, California, as published from time to time by HUD and the State of
California. In the event that such income determinations are no longer published, or are not
updated for a period of at least eighteen (18) months, the Housing Successor shall provide the
Developer with other income determinations which are reasonably similar with respect to
methods of calculation to those previously published by HUD and the State.
(n) "Moderate Income Household" shall mean a household with an Adjusted
Income which does not exceed One Hundred Twenty Percent (120 %) of Median Income,
adjusted for Actual Household size.
(o) "Moderate Income Rent" shall mean the maximum allowable rent for ana
Moderate Income Unit pursuant to Section 2.2(b) below.
(p) "Moderate Income Unit" shall mean the Units which, pursuant to Section
2.1(a) below, are required to be occupied by Moderate Income Households.
(q) "PEP" shall mean Petaluma Ecumenical Projects, a California nonprofit
public benefit corporation.
(r) "Property" shall mean the real property described in Exhibit A attached o and
incorporated in this Agreement.
(s) "Rent" shall mean the total of monthly payments by the tenants of a Unit for
the following: use and occupancy of the Unit and land and associated facilities, including
parking; other than security deposits; and the cost of an adequate level of service for utilities paid
by the tenant, including garbage collection, sewer, water, electricity, and gas, but not cable or
telephone service.
(t) "Tenant" shall mean a household occupying a Unit.
(u) "Term" shall mean the term of this Agreement which shall commence on the
date of recordation of this Agreement, and shall continue until December 31, 2072.
(v) "Units" shall mean the senior rental units to be constructed by the Developer
on the Property.
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ARTICLE 2.
OCCUPANCY AND AFFORDABILITY
2.1 Occupancy Requirements.
(a) Moderate Income Units. Twenty One (21) of the Units shall be rented to and
occupied by, or if vacant, available for occupancy by Moderate Income Households.
(b) Low Income Units. Twenty (20) of the Units shall be rented to and occupied
by or, if vacant, available for occupancy by Low Income Households.
2.2 Allowable Rent.
(a) Low Income Rent. Subject to Section 2.3 below, the Rent charged to Tenants
of the Low Income Units shall not exceed one - twelfth (1 /12th) of thirty percent (30 %) of Eighty
Percent (80 %) of Median Income, adjusted for Assumed Household Size.
(b) Moderate Income Rent. Subject to Section 2.3 below, the Rent charged to
Tenants of the Moderate Income Units shall not exceed one - twelfth (1 /12th) of Thirty Percent
(30 %) of One Hundred Twenty Percent (120 %) of Median Income, adjusted for Assumed
Household Size.
(c) In calculating the allowable Rent for the Units, the following Assumed
Household Sizes shall be utilized, provided, however, that if the the Project is financed with low
income housing tax credits, the assumed household size required by the California Tax Credit
Allocation Committee shall control:
Number of Bedrooms Assumed Household Size
Studio 1
One 2
Two 3
Three 4
(d) Rent Increases. Annual rent increases, if any, shall be limited to: (i) the
percentage of increase in Median Income since the last rent increase; (ii) the percentage increase,
allowed by any other regulatory agreement applicable to the Development, whichever is lower.
2.3 Increased Income of Tenants.
(a) Increase Above Low Income Limit. In the event, upon recertification of a
Tenant's household's income, the Developer determines that a Low Income Household no longer
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qualifies as a Low Income Household (but does qualify as a Moderate Income Household), such
household's Unit shall be considered a Moderate Income Unit, and, upon expiration of the
Tenant's lease, the Rent may be increased to one - twelfth (1 /12th) of Thirty Percent (30 %) of One
Hundred Twenty Percent (120 %) of Median Income upon sixty (60) days written notice to the
Tenant, and the Developer shall rent the next available Unit to a Low Income Household to
comply with the requirements of Section 2.1 above.
(b) Termination of Occupancy. Upon termination of occupancy of a Unit by a
Tenant, such Unit shall be deemed to be continuously occupied by a household of the same
income level (i.e., Low Income Household or Moderate Income Household) as the initial income
level of the vacating Tenant, until such Unit is reoccupied, at which time the income character of
the Unit (i.e., Low Income or Moderate Income) shall be redetermined.
2.4 Tenant Selection.
All of the Units shall be available for occupancy on a continuous basis to members of the
general public who are income eligible and who qualify as senior citizens pursuant to California
Civil Code Section 51.3. Developer shall not give preference to any particular class or group of
persons in renting the Units, except to the extent that the Units are required to be leased to Low
Income Households or Moderate Income Households occupied by seniors. There shall be no
other discrimination against or segregation of any person or group of persons, on account of race,
color, creed, religion, sex, sexual orientation, marital status, national origin, source of income,
disability, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment of any Unit.
2.5 Lease Provisions. Developer shall include in leases for all Units provisions which
authorize Developer to immediately terminate the tenancy of any household one or more of
whose members misrepresented any fact material to the household's qualification as a Low
Income Household or Moderate Income Household. Each lease or rental agreement shall also
provide that the household is subject to annual income recertification, and that, if the household's
income increases above the applicable limits for a Low Income Household or Moderate Income
Household, as applicable, such household's Rent may be subject to increase, and such
household's occupancy may be subject to termination if the household fails or refuses to provide
the information required by the Developer or any regulatory body with respect to the household's
income.
2.6 Income Certification. The Developer will obtain, complete and maintain on file,
immediately prior to initial occupancy and annually thereafter, income and household size
certifications from each Tenant renting any of the Units. Copies of tenant income certifications
shall be available to the Housing Successor upon request.
2.7 Annual Reports to Housing Successor. Developer shall submit to the Housing
Successor not later than the ninetieth (90th) day after the close of each calendar year during the
Term, a statistical report, including income and rent data for all Units.
2.8 Records. Developer shall maintain complete, accurate and current records
pertaining to the Development, and shall permit any duly authorized representative of the
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Housing Successor to inspect records, including records pertaining to income and household size
of Tenants. The Developer shall retain copies of all materials obtained or produced with respect
to occupancy of the Units for a period of at least five (5) years.
2.9 On -site Inspection. The Housing Successor shall have the right to perform an on-
site inspection of the Development at least one time per year. The Developer agrees to cooperate
in such inspection.
ARTICLE 3.
OPERATION OF THE DEVELOPMENT
3.1 Residential Use. The Development shall be used only for rental residential use for
low- income and moderate - income households.
3.2 Taxes and Assessments. Developer shall pay all real and personal property taxes,
assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any line or charge from attaching to the
Property; provided, however, that Developer shall have the right to contest in good faith, any
such taxes, assessments, or charges. In the event Developer exercises its right to contest any tax,
assessment, or charge against it, Developer, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment rendered against it, together with
all costs, charges and interest.
ARTICLE 4.
PROPERTY MANAGEMENT AND MAINTENANCE
4.1 Management Responsibilities. The Developer is responsible for all management
functions with respect to the Development, including without limitation the selection of tenants,
certification and recertification of household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital
items, and security. The Housing Successor shall have no direct responsibility over management
of the Development. The Developer shall retain a professional property management company
approved by the Housing Successor in its reasonable discretion to perform its management duties
under this Agreement. A resident manager shall also be required.
4.2 Management Agent. The Development shall at all times be managed by an
experienced management agent reasonably acceptable to the Housing Successor (as approved,
the "Management Agent "), with demonstrated ability to operate residential facilities like the
Development in a manner that will provide decent, safe, and sanitary housing. The Housing
Successor agrees that PEP is approved as the initial Management Agent of the Development.
The Developer shall submit for the Housing Successor's approval the identity of any proposed
substitute Management Agent. The Developer shall also submit such additional information
about the background, experience and financial condition of any proposed substitute
Management Agent as is reasonably necessary for the Housing Successor to determine whether
the proposed Management Agent meets the standard for a qualified Management Agent set forth
above. If the proposed substitute Management Agent meets the standard for a qualified
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Management Agent set forth above, the Housing Successor shall approve the proposed
Management Agent by notifying the Developer in writing. Unless the proposed Management
Agent is disapproved by the Housing Successor within thirty (30) days, which disapproval shall
state with reasonable specificity the basis for disapproval, it shall be deemed approved. If the
proposed Management Agent is disapproved by the Housing Successor for failing to meet the
standard for a qualified Management Agent set forth above, the Housing Successor shall provide
the specific reasons for such disapproval, and the Developer shall submit for the Housing
Successor's approval a new proposed Management Agent within thirty (30) days following the
Housing Successor's disapproval. The Developer shall continue to submit proposed
Management Agents for Housing Successor approval until the Housing Successor approves a
proposed Management Agent.
4.3 Property Maintenance. The Developer agrees, for the entire Term of this
Agreement, to maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state,
county, municipal, and other governmental agencies and bodies having or claiming jurisdiction
and all their respective departments, bureaus, and officials.
The Housing Successor places prime importance on quality maintenance to protect its investment
and to ensure that all Housing Successor assisted affordable housing projects within the City are
not allowed to deteriorate due to poor maintenance. Normal wear and tear of the Development
will be acceptable to the Housing Successor assuming the Developer agrees to provide all
necessary improvements to assure the Development is maintained in good condition. The
Developer shall make all repairs and replacements necessary to keep the improvements in good
condition and repair.
ARTICLE 5.
ASSIGNMENT AND TRANSFERS
5.1 Definitions.
As used in this Article, the term "Transfer" means:
(a) Any total or partial sale, assignment or conveyance, or any trust or power, or
any transfer in any other mode or form, of or with respect to this Agreement or of the
Development or any part of the Developer or any interest in the Developer or any contract or
agreement to do any of the same; or
(b) Any total or partial sale, assignment or conveyance, of any trust or power, or
any transfer in any other mode or form, of or with respect to any ownership interest in
Developer; or
(c) Any merger, consolidation, sale or lease of all or substantially all of the assets
of Developer; or
(d) The leasing of part or all of the Property or the Improvements on the Property;
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provided, however, that leases of the units included within the Development to tenant occupants,
in accordance with the Regulatory Agreement, shall not be deemed a "Transfer" for purposes of
this Article.
5.2 Purpose of Restrictions on Transfer.
This Agreement is entered into solely for the purpose of the development and operation of the
Development and its subsequent use in accordance with the terms of this Agreement. The
Developer recognizes that the qualifications and identity of Developer are of particular concern
to the Housing Successor, in view of:
(a) The importance of the redevelopment of the Property to the general welfare of
the community; and
(b) The land acquisition assistance and other public aids that have been made
available by law and by the government for the purpose of making such redevelopment possible;
and
(c) The reliance by the Housing Successor upon the unique qualifications and
ability of the Developer to serve as the catalyst for development of the Property and upon the
continuing interest which the Developer will have in the Property to assure the quality of the use,
operation and maintenance deemed critical by the Housing Successor in the development of the
Property; and
(d) The fact that a change in ownership or control of the Developer as owner of
the Property, or of a substantial part of the Property, or any other act or transaction involving or
resulting in a significant change in ownership or with respect to the identity of the parties in
control of the Developer or the degree those parties' control of the Developer is for practical
purposes a transfer or disposition of the Property; and
(e) The fact that the Property is not to be acquired or used for speculation, but
only for development and operation by the Developer in accordance with the Agreement; and
(f) The importance to the Housing Successor and the community of the standards
of use, operation and maintenance of the Property.
The Developer further recognizes that it is because of such qualifications and identity that the
Housing Successor is entering into this Agreement with the Developer and that Transfers are
permitted only as provided in this Agreement.
5.3 Prohibited Transfers.
The limitations on Transfers set forth in this Article shall apply throughout the Term. Except as
expressly permitted in this Agreement, the Developer represents and agrees that the Developer
has not made or created, and will not make or create or suffer to be made or created, any
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Transfer, either voluntarily or by operation of law without the prior written approval of the
Housing Successor.
Any Transfer made in contravention of this Section shall be void and shall be deemed to be a
default under this Agreement whether or not the Developer knew of or participated in such
Transfer.
5.4 Permitted Transfers.
Notwithstanding the provisions of Section 6.3, the following Transfers shall be permitted and by
execution of this Agreement are approved by the Housing Successor, subject to satisfaction of
the requirements of Section 5.5:
(a) Any Transfer creating a mortgage, deed of trust, or other method of security to
finance acquisition, development, rehabilitation of repair of the Development (a "Secured
Financing ");
(b) Any Transfer directly resulting from the foreclosure of a Secured Financing or
the granting of a deed in lieu of foreclosure of a Secured Financing; and
(c) The admission of an investor as a limited partner of the Developer for the
purposes of syndicating the tax credits to an investor to obtain funds for acquisition,
development, rehabilitation or repair of the Development, and any subsequent transfers by the
investor limited partner. The Housing Successor, by execution of this Agreement, approves the
sale of limited partnership interests in the Developer to investors.
(d) Any transfer to an affiliate of Developer or a limited partnership in which
Developer or an entity controlled by Developer or PEP is the general partner or to a limited
liability company of which Developer or an entity controlled by Developer or PEP is the
managing member.
(e) Any transfer resulting from the removal and replacement of the general
partner of Developer by the limited partner of Developer in accordance with Developer's limited
partnership agreement.
5.5 Effectiveness of Certain Permitted Transfers. No Transfer of this Agreement
permitted pursuant to Section 5.4 (other than a Transfer pursuant to a Secured Financing under
Section 5.4(a) or (b)) or Section 5.6 shall be effective unless, at the time of the Transfer, the
person or entity to which such Transfer is made, by an instrument in writing reasonably
satisfactory to the Housing Successor and in form recordable among the land records of
Mendocino County, shall expressly assume the obligations of the Developer under this
Agreement and agree to be subject to the conditions and restrictions to which the Developer is
subject arising during this Agreement, to the fullest extent that such obligations are applicable to
the particular portion of or interest in the Development conveyed in such Transfer. Anything to
the contrary notwithstanding, the holder of a Secured Financing whose interest shall have been
acquired by, through or under a Secured Financing or shall have been derived immediately from
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any holder of a Secured Financing shall not be required to give to Housing Successor such
written assumption until such holder or other person is in possession of the Property or entitled to
possession of the Property pursuant to enforcement of the Secured Financing.
In the absence of specific written agreement by the Housing Successor, no such Transfer,
assignment or approval by the Housing Successor shall be deemed to relieve the Developer or
any other party from any obligations under this Agreement.
5.6 Other Transfers with Housing Successor Consent. The Housing Successor may, in
its sole discretion, approve in writing other Transfers as requested by the Developer. In
connection with such request, there shall be submitted to the Housing Successor for review all
instruments and other legal documents proposed to effect any such Transfer. If a requested
Transfer is approved by the Housing Successor such approval shall be indicated to the Developer
in writing. Such approval shall be granted or denied by the Housing Successor within thirty (30)
days of receipt by the Housing Successor of Developer's request for approval of a Transfer.
ARTICLE 6.
MISCELLANEOUS
6.1 Term. The provisions of this Agreement shall apply to the Property for the entire
Term even if the entire Loan is paid in full prior to the end of the Term.
6.2 Compliance with Program Requirements. The Developer's actions with respect to
the Property shall at all times be in full conformity with the requirements imposed on projects
assisted with Redevelopment Low and Moderate Income Housing Fund monies under California
Health and Safety Code Section 33334.2 et seq.
6.3 Covenants to Run With the Land. The Housing Successor and Developer declare
their express intent that the covenants and restrictions set forth in this Agreement shall run with
the land, and shall bind all successors in title to the Property, provided, however, that on the
expiration of the Term of this Agreement said covenants and restrictions shall expire.
6.4 Developer Default; Enforcement by the Housing Successor. If Developer fails to
cure a default under this Agreement within thirty (30) days after the Housing Successor has
notified the Developer in writing of the default or, if the default cannot be cured within thirty
(30) days, failed to commence to cure within thirty (30) days and thereafter diligently pursue
such cure, the Housing Successor shall have the right to enforce this Agreement by bringing an
action at law or in equity, including, but not limited to, an action to compel Developer's
performance of its obligations under this Agreement. The limited partner of Developer shall have
the right, but not the obligation, to cure any default of Developer within the time periods set forth
herein, and such cure shall be accepted or rejected on the same basis as if tendered by Developer.
6.5 Attorneys Fees and Costs. In any action brought to enforce this Agreement, the
prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees.
6.6 Recording and Filing. The Housing Successor and Developer shall cause this
Agreement, and all amendments and supplements to it, to be recorded against the Property in the
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1
Official Records of the County of Mendocino.
6.7
California.
Governing Law. This Agreement shall be governed by the laws of the State of
6.8 Amendments. This Agreement may be amended only by a written instrument
executed by all the Parties or their successors in title, and duly recorded in the real property
records of the County of Mendocino, California.
6.9 Notice. Formal notices, demands, and communications between the Housing
Successor and the Developer shall be sufficiently given if and shall not be deemed given unless
dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered
by reputable overnight delivery service, return receipt requested, or delivered personally with a
delivery receipt, to the principal office of the Housing Successor and the Developer as follows:
Housing Successor:
Ukiah Redevelopment Housing Successor
300 Seminary Avenue
Ukiah, CA 95482
Attn: Executive Director
Developer:
c/o Petaluma Ecumenical Properties
951 Petaluma Blvd. South
Petaluma, CA 94952
Attn: Executive Director
Attn:
With a copy to Developer's limited partner:
Wells Fargo Affordable Housing
Community Development Corporation
MAC D1053 -170
301 South College Street
Charlotte, NC 28202 -6000
Attention: Michael Loose: Asset Management
Such written notices, demands and communications may be sent in the same manner to such
other addresses as the affected Party may from time to time designate by mail as provided in this
Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the
date of delivery or refusal of delivery (or attempted delivery if undeliverable). A copy of any
notice sent to Developer shall be sent to Developer's limited partner at the address above.
6.10 Severability. If any provision of this Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions of this
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t • I r
Agreement shall not in any way be affected or impaired by such invalidity, illegality or
uneforceability.
6.11 Multiple Originals; Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed to be an original.
6.12 Estoppel Certificates. The City agrees, from time to time, within fifteen (15)
days after receipt of written notice from Developer, to execute and deliver to Developer a written
statement certifying that, to the knowledge of the City, (a) this Agreement is in full force and
effect and a binding obligation of the Parties (if such be the case); (b) this Agreement has not
been amended or modified either orally or in writing, and if so amended, identifying the
amendments; (c) Developer is not in default in the performance of its obligations under this
Agreement, or if in default, to describe therein the nature and amount of any such defaults; and
(d) such other matters reasonably required by any lender or the tax credit investor.
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4 1 jp
IN WITNESS WHEREOF, the Housing Successor and Developer have executed this Agreement
by duly authorized representatives, all on the date first written above.
APPROVED AS TO FORM
Housing Successor Counsel
By: 9
Davi• rt, City of kia�ttorney
Amend_DDA v3 clean.doc
HOUSING SUCCESSOR:
City of Ukiah
By: S
Its: Sa Sangiag6mo, Executive Director
DEVELOPER:
SUN HOUSE SENIOR APARTMENTS, L.P.,
a California limited partnership
By: Sun House Senior Apartments LLC,
a California limited liability company,
its general partner
By: Caulfield Lane Senior Housing,
Inc., a California
nonprofit public benefit
corporation, its
sole ► - er /manager
' Mary ,
Bv:
Assistant Secretary
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 rvt M)OClArC )
On M Pret it 412,o t:before me, r.. R.1 STl IVY Ik 1-FR Notary Public, personally appeared,
SASE L SA?/Cot Al 0040 ,, who proved to me the basis of satisfactory
evidence to be the person) whose nameGs6 are subscribed to the within instrument and
acknowledged to me that eshe /they executed the same in ri her their authorized capacity(ies'),
and that by6'her /their signature (.81 on the instrument the person(), or the entity upon behalf of
which the person(i) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
4,1441
Signature
�,,,.... ; KRISTINE ROBIN LAWLERI
COMM. #1998485
o C4 u3 ; ^ F;" Notary Public • California o
z ` 7 " Mendocino County
��r.,.. _ Mir Comm. Expires Nov_ 17, 2016 t
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 o
)
OnYhw ,j /o2A{(�before me, � '(�5 - , Notary Public, personally appeared,
, who proved to me the basis of satisfactory
evidence to be the person(s whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her their authorized capacity(ies),
and that by his /her /their signature (s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur
Amend_DDA v3 clean.doc
0 ':�' �`` ARDITH E, #D a OSTAr
NOTARY PUBLIC - CALIFORNIAW
tr" j SONOMA COUNTY Q
COMM. EXPIRES NOV. 13, 2016 -1
EXHIBIT A
TO REGULATORY AGREEMENT
Property Description
Amend_DDA v3 clean.doc
Escrow No.: 20150947DN
Title Order No.:
EXHIBIT A
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:
All that real property situated in the City of Ukiah, County of Mendocino, State of California, described as follows:
Being all of that land described in the Grant Deeds to the City of Ukiah, a Municipal Corporation, recorded March
8, 2011 as Document Numbers 2011 -03316 and 2011 - 03318, Mendocino County Records, being more particularly
described as follows:
Beginning at the northwest corner of Parcel Three as described in said Grant Deed recorded as Document
Number 2011 - 03316;
Thence along the north line of said Parcel Three, the North line of Parcels One and Two of said Grant Deed, and
along the North line of Tracts Two and One as described in said Grant Deed recorded as Document Number
2011 - 03318, to the northeast corner of said Tract One;
Thence southerly along the east line of said Tract One to the Southeast corner of said Tract One;
Thence westerly along the South line of said Tracts One and Two, and the Southerly line of
Parcels Two and One as described in said Document No. 2011 - 03316, to the Southwest corner of said Parcel
One;
Thence Northerly along the Westerly line of said Parcel One to the Southeasterly corner of said Parcel Three;
Thence Westerly along the Southerly line of said Parcel Three, being the line described in the Boundary Line
Agreement recorded in Book 2180, Page 154, Official Records of Mendocino County, to the Southwesterly corner
of said Parcel Three;
Thence northerly along the westerly line of said Parcel Three to the Point of Beginning.
APNs: 002 - 281 -15, 18, 24, 28 & 30
Exhibit A (Legal Description) Page 1 of 1 20150947DN