HomeMy WebLinkAboutAGENDA REPORT 2004 0519 CC REG ITEM 09EITEM q. E.
MOORPARK CITY COUNCIL
AGENDA REPORT
To: Honorable City Council
From: Nancy Burns, Senior Management Analyst
Date: May 13, 2004 (CC Meeting of May 19, 2004)
Subject: CONSIDER AFFORDABLE HOUSING AGREEMENT AND AFFORDABLE
HOUSING IMPLEMENTATION AND RENTAL RESTRICTION PLAN FOR
USA PROPERTIES FUND, INC. FOR VINTAGE CREST SENIOR
APARTMENTS, L.P. (GPA 2002 -01, ZC 2002 -01, RPD 2002-
02)
BACKGROUND
On July 10, 2002, the City Council approved General Plan
Amendment (GPA) No. 2002 -01 and Residential Planned Development
Permit (RPD) No. 2002 -02, on application of USA Properties Fund,
Inc., for the development of 190 senior apartments. This
project is generally south of the terminus of Park Crest Lane
and Park Lane (Assessor's Parcel No. 506 -0- 050 -185 and a portion
of 506 -0- 050 -475). A Mitigation Monitoring Program was approved
July 17, 2002. Ordinance No. 284, approving Zone Change No.
2002 -01 (ZC) for this project, was adopted on September 18,
2002; these approvals collectively constitute the "Project
Approvals ".
A Development Agreement, executed October 22, 2002, between the
City and Vintage Crest Senior Apartments, L.P., provides for a
density bonus of forty -eight (48) units (20 dwelling units per
acre) and requires that all units in the project be affordable
for the life of the project. On November 20, 2002, Council
approved Resolution No. 2002 -2029, authorizing the City to issue
sixteen million dollars ($16,000,000) in multi - family housing
revenue bonds for construction.
0000'7JL
Honorable City Council
Date 05/13/04
Page 2
DISCUSSION
The Development Agreement for this project stipulates the
preparation of an Affordable Housing Implementation and Rental
Restriction Plan (the "Plan "), which is to set forth all items
necessary for the restriction of rents on all units in the
project. The Plan is subject to unilateral approval by the
Council and is to be approved prior to final inspection and
occupancy approval of the first unit. An Affordable Housing
Agreement (the "Agreement "), which incorporates the Plan, is to
be executed by the developer and the City prior to occupancy of
the first unit.
Forty -eight (48) units in Vintage Crest are to be restricted to
very low income households (50% of median income) and one
hundred forty -two (142) units will be restricted to low income
households (60% of median income). One of the low income units
may be a manager's unit. The project is financed by multi-
family housing revenue bonds, issued by the City, and tax
credits. This financing stipulates that the units designated
for low income tenants be restricted to tenants whose incomes do
not exceed sixty per cent (60 %) of median income, adjusted for
household size.
Rents will be thirty per cent (30 %) of fifty per cent (50 %) of
median income (very low income) or thirty per cent (30 %) of
sixty per cent (60 %) of median income (low income), less a
utility allowance. A tenant whose income increases above the
low income level, up to and including moderate income level,
which is one hundred twenty per cent (120 %) of median income,
will be able to continue tenancy at the maximum allowable rent
for the unit, provided that tenant's income does not exceed 120%
of median income. If a tenant's household income exceeds the
moderate income level, the tenant will be given reasonable
notice (six months) to vacate the unit. To the extent permitted
by applicable state and federal law, Vintage Crest will grant
priority to eligible Moorpark residents for the life of the
Project. The City has the option to place eligible tenants in
un- rented Units, subject to the terms of the Plan. The Unit Mix
and Initial Rents is attached as Exhibit "A ".
0000w2
Honorable City Council
Date 05/13/04
Page 3
STAFF RECOMMENDATION
1. Approve the attached Affordable Housing Implementation and
Rental Restriction Plan, subject to final language approval by
the City Manager and City Attorney.
2. Approve the attached Affordable Housing Agreement, subject to
final language approval by the City Manager and City Attorney,
and direct the City Clerk to record the document with the
County of Ventura.
Exhibit "A ": Unit Mix and Initial Rents
Attachments: Affordable Housing Implementation and Rental
Restriction Plan
Affordable Housing Agreement
000073
Exhibit "A"
Vintage Crest Senior Apartments
Unit Mix and Initial Rents
13- May -04
TOTAL UNIT ALLOCATION
Unit Type Very Low Low
1 Bedroom, 1 Bath 34 62
2 Bedrooms, 1 Bath 14 48
2 Bedrooms, 2 Baths 31
Total 48 141
ALLOWABLE RENTS
Unit Type Very Low Low
1 Bedroom, 1 Bath $669 $814
2 Bedroom, 1 Bath $802 $977
2 Bedroom, 2 Bath $802 $977
Above rents are net of Utility Allowance
1 bedroom unit is priced for a household of 1.5 persons
2 bedroom unit is priced for a household of 3 persons
Total
96
62
31
imm
Utility Allowance
$57
$69
$69
AFFORDABLE HOUSING AGREEMENT
By and Between
THE CITY OF MOORPARK, CALIFORNIA
and
VINTAGE CREST SENIOR APARTMENTS
Dated as of , 2004
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TABLE OF CONTENTS
Page
ARTICLE 1. DEFINITIONS AND INTERPRETATION ................ 3
1.1 Definitions .... ............................... 3
1.2 Rules of Construction . ........................ 5
ARTICLE 2 AFFORDABLE HOUSING IMPLEMENTATION AND RENTAL
RESTRICTION PLAN AND USE OF PROPERTY .......... 5
2.1 Purpose of Restrictions ....................... 5
2.2 Plan to be Recorded ........................... 5
2.3 Use of the Property ........................... 6
ARTICLE 3 TERM ........... ............................... 6
3.1 Term of Agreement ............................. 6
3.2 Termination .... ............................... 6
ARTICLE 4
GENERAL PROVISIONS ............................
4.1
Notice ......... ...............................
4.2
Relationship of Parties .......................
4.3
No Claims ...... ...............................
4.4
Conflict of Interests .........................
4.5
Non - Liability of City Officials, Employees
andAgents ..... ...............................
4.6
Force Majeure .. ...............................
4.7
Title of Parts and Sections ...................
4.8
Hold Harmless .. ...............................
4.9
Rights and Remedies Cumulative ................
4.10
Action at Law .. ...............................
4.11
Applicable Law ...............................
4.12
Severability .. ...............................
4.13
Legal Actions . ...............................
4.14
Binding Upon Successors ......................
4.15
Effect and Duration ..........................
4.16
Transfer ...... ...............................
4.17
Time of the Essence ..........................
4.18
City Approval . ...............................
4.19
Complete Understanding of the Parties ........
4.20
Construction and Interpretation of Agreement .
4.21
Controlling Law; Venue .......................
4.22
Counterparts .. ...............................
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0000 / S
EXHIBITS
Exhibit No. 1 Legal Description
Exhibit No. 2 Affordable Housing Implementation and
Rental Restriction Plan
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000077
AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (this "Agreement ")
is to be effective as of , 2004, regardless
of the date of actual execution hereof, and is by and
between THE CITY OF MOORPARK, a municipal corporation
( "City ") and VINTAGE CREST SENIOR APARTMENTS, L.P., a
California limited partnership( "Owner ").
W I T N E S S E T H:
RECITALS
WHEREAS, the City and Owner have previously entered
into Development Agreement dated October 22, 2002, recorded
as Instrument No. 2002 - 0263670 in the Official Records of
the County of Ventura on October 28, 2002 (the "Development
Agreement) pursuant to which Owner will construct a
residential development consisting of 190 apartments (the
"Project ") on approximately 6.8 acres (the "Property "),
described more specifically on Exhibit "1" attached hereto
and incorporated herein by reference, which is located
within the City of Moorpark; and
WHEREAS, pursuant to the provisions of California
Health & Safety Code Section 33413(b)(2) (the "Inclusionary
Housing Requirement "), not less than fifteen percent (150)
of all new or substantially rehabilitated dwelling units
which are developed within a redevelopment project area by
an entity other than a redevelopment agency, are required
to be available at Affordable Rent to persons and families
of low or moderate income, and not less than forty percent
(40 %) of the dwelling units required to be available at
Affordable Rent to persons and families of low or moderate
income are to be available at Affordable Rent to very low
income households; and
WHEREAS, to assist in the production of affordable
housing, on July 10, 2002, the City approved General Plan
Amendment No. 2002 -01 ( "GPA ") and Residential Planned
Development Permit No. 2002 -02 ( "RPD "), and on September
18, 2002, the City approved Zone Change No. 2002 -01 ( "ZC ").
Implementation of these land use entitlements is subject to
a mitigation measures, monitoring and reporting program
that was approved by the City on July 17, 2002 (the
"Mitigation Monitoring Program "). The GPA, ZC, RPD and
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Mitigation Monitoring Program are collectively referred to
as the "Project Approvals ".
WHEREAS, in consideration for a density bonus obtained
through the Project Approvals that is greater than would
otherwise be available, as a condition of Project
Approvals, Owner has agreed to rent or lease or hold
available for rent or occupancy one hundred percent (1000)
of all residential units to persons or families of Low
Income or Very Low Income at an Affordable Rent, all as
defined herein, and to enter into an Affordable Housing
Agreement with the City by which such dwelling units will
be restricted for the life of the Project, to set forth the
method of selecting eligible tenants, tenant eligibility
requirements, the respective roles of the City and Owner
and any other items determined necessary by the City; and
WHEREAS, Owner hereby agrees to enter into certain
restrictions upon the operation of the Project, which will
bind the Project and Owner, its successors and assigns, for
the life of the Project (the "Affordable Housing
Implementation and Rental Restriction Plan "). The purpose
of the Affordable Housing Implementation and Rental
Restriction Plan is to create such conditions, covenants,
restrictions, liens, servitude, and charges upon and
subject to which the Project and each and every part and
portion thereof shall be occupied, leased and rented. The
provisions of the Affordable Housing Implementation and
Rental Restriction Plan shall run for its term and shall
apply to and bind any successors -in- interest of Owner.
Each of the provisions thereof are imposed upon the Project
as mutual and reciprocal equitable servitude in favor of
each and every other portion of the Project. The
Affordable Housing Implementation and Rental Restriction
Plan is incorporated herein by this reference; and
WHEREAS, Owner has previously paid Five Thousand
Dollars ($5,000) for the City's cost to prepare the
Affordable Housing Implementation and Rental Restriction
Plan and Affordable Housing Agreement; and
NOW, THEREFORE, in consideration of the mutual
covenants and undertakings set forth herein and other good
and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and the Owner
hereby agree as follows:
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ARTICLE 1. DEFINITIONS AND INTERPRETATION
1.1 Definitions. Capitalized terms used herein shall
have the following meanings unless the context in which
they are used clearly requires otherwise.
"Affordable Rent" shall mean rent plus a reasonable
utility allowance that does not exceed the following:
(A) For a Very Low Income Tenant, the product of
thirty percent (30 %) times fifty percent (50 %) of
the County Median Income adjusted for family size
appropriate for the Unit; and
(B) For a Low Income Tenant, the product of thirty
percent (30 %) times sixty percent (60 %) of the
County Median Income adjusted for family size
appropriate for the Unit.
"City" shall mean the City of Moorpark, California, a
municipal corporation.
"County" shall mean Ventura County.
"County Median Income" shall mean the Median Income
adjusted by actual household size as published annually by
HUD for the County, which Median Income levels shall be
adjusted concurrently with publication of adjustment of the
same by HUD.
"HUD" shall mean the United States Department of
Housing and Urban Development.
"Low Income" or "Lower Income" shall mean a household
income that does not exceed sixty percent (60 %) of the
County Median Income, adjusted for household size
appropriate to the Unit. The household income amount for
Lower Income households shall be based on the amount
published by HUD as the Household Income Limits for Ventura
County ( "HUD Income Limits ") or such successor information
in the event the referenced published information is no
longer available.
"Low Income Tenants"
or "Lower
Income Tenants"
means
individuals or households qualified
on the basis
of a
"certification of tenant
eligibility"
as certified by
such
individual or household,
who have an
adjusted gross income
which does not exceed Low
Income.
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000084
"Owner" shall mean Vintage Crest Senior Apartments,
L.P., and any permitted assignee of its rights, powers and
responsibilities, or any successor in interest to fee title
to the Project or Property.
"Plan" shall mean a recorded instrument running to the
benefit of the City of Moorpark, restricting rentals of any
Unit to Very Low and Low Income Households at an Affordable
Rent, in the form of the Affordable Housing Implementation
and Rental Restriction Plan which is attached to this
Agreement as Exhibit No.2 and incorporated herein by this
reference.
"Project" is the residential development consisting of
190 apartments located on the Property, together with
structures, improvements, equipment, fixtures, and other
personal property owned by the Owner and located on or used
in connection with all such improvements and all
functionally related and subordinate facilities.
"Property" shall mean that real property in the City
of Moorpark, California described as set forth in the Legal
Description attached to this Agreement as Exhibit "1 ".
"Term" shall mean as follows: (a) the Term of this
Agreement shall be the period commencing upon the date of
this Agreement and ending upon the date of completion of
the Project, unless earlier terminated in accordance with
Section 3.2 of this Agreement; and (b) the Term of the Plan
shall be for the longest feasible time, which includes, but
is not limited to, for the life of the Project, but not
less than fifty -five (55) years.
"Units" shall mean residential dwelling units.
"Very Low Income" shall mean a household income that
does not exceed fifty percent (50 %) of the County Median
Income, adjusted for household size appropriate to the
Unit.
"Very Low Income Tenants" means individuals or
households qualified on the basis of a "certification of
tenant eligibility" as certified by such individual or
household, who have an adjusted gross income which does not
exceed Very Low Income.
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000081
1.2 Rules of Construction.
1.2.1 The singular form of any word used
herein, including the terms defined herein shall include
the plural and vice versa. The use herein of a word of any
gender shall include correlative words of all genders.
1.2.2 Unless otherwise specified, references
to Articles, Sections, and other Subdivisions of this
Agreement are to the designated Articles, Sections, and
other Subdivisions of this Agreement as originally
executed. The words "hereof," "herein," "hereunder," and
words of similar import shall refer to this Agreement as a
whole.
1.2.3 All of the terms and provisions hereof
shall be construed to effectuate the purposes set forth in
this Agreement and to sustain the validity hereof.
1.2.4 Headings or titles of the several
articles and sections hereof and the table of contents
appended to copies hereof shall be solely for convenience
of reference and shall not affect the meaning,
construction, or effect of the provisions hereof.
ARTICLE 2 AFFORDABLE HOUSING IMPLEMENTATION AND RENTAL
RESTRICTION PLAN AND USE OF PROPERTY
The terms, conditions and provisions of this Article 2
shall apply to all Units, and shall apply for the entire
Term of this Agreement.
2.1 Purpose of Restrictions. The City is required
pursuant to the Project Approvals and California Health and
Safety Code Section 33413(b) to impose certain income and
affordability restrictions on a specified number of Units
in the Project. The provisions of the Affordable Housing
Implementation and Rental Restriction Plan ( "Plan ") are
intended to carry out those requirements and for the
provision of 48 units at Very Low Income and 142 units at
Low Income ( of which one may be occupied by an employee of
the Owner or its management company), with a minimum of
twelve (12) two - bedroom units occupied by Very Low Income
tenants, for the life of the Project.
2.2 Plan to be Recorded. Owner represents, warrants,
and covenants that it will cause the Plan to be recorded in
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the Office of the County Recorder of Ventura County,
California, and that the Plan shall be senior in priority
to any lien, encumbrance or other matter of record except
as approved by City. The Owner shall pay all fees and
charges in connection with any such recordation.
2.3 Use of the Property. Owner represents, warrants,
and covenants to operate the Project and Property as a
multifamily residential rental property and for no other
purposes. Owner agrees it shall not knowingly permit any
of the Units in the Project to be used on a transient basis
and shall not rent any Unit for a period of less than
thirty (30) days.
ARTICLE 3 TERM
3.1 Term of Agreement. This Agreement shall remain
in full force and effect for the Term, unless earlier
terminated in accordance with this Agreement.
3.2 Termination. Notwithstanding Section 3.1 above,
this Agreement shall terminate: (a) upon mutual agreement
of the parties; or (b) in the event of damage or
destruction of the Project for which there are insufficient
insurance proceeds to rebuild the Project to its condition
prior to the damage or destruction.
ARTICLE 4 GENERAL PROVISIONS
The terms, conditions and provisions of this Article 4
shall apply to the entire Project for the Term of this
Agreement.
4.1 Notice. All notices (other than telephone
notices), certificates or other communications (other than
telephone communications) required or permitted hereunder
shall be sufficiently given and should be deemed given when
personally delivered or when sent by telegram, or when sent
by facsimile transmission (if properly confirmed in
writing), or forty -eight (48) hours following mailing by
registered or certified mail, postage prepaid, or twenty -
four hours following transmission of such notice by express
mail, Federal Express or similar carriers, addressed as
follows:
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If to the City:
The City of
799 Moorpark
Moorpark, CA
Attention:
If to the Owner:
Moorpark
Avenue
93021
City Manager
Vintage Crest Senior Apartments
2440 Professional Drive, Suite 100
Roseville, CA 95661 -7773
Attention: Geoffrey C. Brown
4.2 Relationship of Parties. Nothing contained in
this Agreement shall be interpreted or understood by any of
the parties, or by any third persons, as creating the
relationship of employer and employee, principal and agent,
limited or general partnership, or joint venture between
the City and the Owner or the Owner's agents, employees or
contractors, and the Owner shall at all times be deemed an
independent contractor and shall be wholly responsible for
the manner in which it or its agents, or both, perform the
services required of it by the terms of this Agreement for
the operation of the Project. The Owner has and hereby
retains the right to exercise full control of employment,
direction, compensation and discharge of all persons
assisting in the performance of services hereunder. In
regards to the on -site operation of the Project, the Owner
shall be solely responsible for all matters relating to
payment of its employees, including compliance with Social
Security, withholding and all other laws and regulations
governing such matters. The Owner agrees to be solely
responsible for its own acts and those of its agents and
employees.
4.3 No Claims. Nothing contained in this Agreement
shall create or justify any claim against the City by any
person the Owner may have employed or with whom the Owner
may have contracted relative to the purchase of materials,
supplies or equipment, or the furnishing or the performance
of any work or services with respect to the operation of
the Project or the Property.
4.4 Conflict of Interests. No member, official or
employee of the City shall make any decision relating to
this Agreement which affects his or her personal interests
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or the interests of any corporation, partnership or
association in which he or she is directly or indirectly
interested.
4.5 Non - Liability of City Officials, Employees and
Agents. No member, official, employee, agent or attorney
of the City shall be personally liable to the Owner, or any
successor in interest, in the event of any default or
breach by the City or for any amount which may become due
to the Owner or successor or on any obligation under the
terms of this Agreement.
4.6 Force Majeure. Whenever Owner is required to
perform an act under this Agreement by a certain time, said
time shall be deemed extended so as to take into account
events of force majeure. As used herein "force majeure"
shall mean a delay in Owner's performance hereunder due to
acts of God, fire, earthquake, flood, extreme weather
conditions, explosions, war, invasion, insurrection, riot,
mob violence, sabotage, acts of terrorism, vandalism,
malicious mischief, inability to procure or general
shortage of labor, equipment, facilities, materials or
supplies in the open market, failure of transportation,
strikes, lockouts, actions of labor unions, third party
litigation, condemnation, requisition, governmental
restrictions including inability or delay in obtaining
government consents or permits, laws or orders of
governmental, civil, military or naval authorities, or any
other cause, whether similar or dissimilar to the
foregoing, not within Owner's control, other than lack of
or inability to procure monies to fulfill its commitments
or obligations under this Agreement.
4.7 Title of Parts and Sections. Any titles of the
parts, sections or subsections of this Agreement are
inserted for convenience of reference only and shall be
disregarded in construing or interpreting any part of its
provision.
4.8 Hold Harmless. Except as such claims may arise
from gross negligence or willful misconduct by the City, if
any person or entity performing work for the Owner on the
Project or the Property shall assert any claim against the
City on account of any damage alleged to have been caused
by reason of acts of negligence of the Owner, the Owner
shall defend at its own expense any suit based upon such
claim; and if any judgment or claims against the City shall
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be allowed, the Owner
claim and pay all
therewith. Nothing h
prohibition against
(either contractually
person or entity.
shall pay or satisfy such judgment or
costs and expenses in connection
erein stated shall be interpreted as a
the Owner seeking indemnification
or,as a matter of law) from any third
In addition, the Owner shall defend the City (with
counsel reasonably approved by the City) against any claims
or litigation of any nature whatsoever brought by third
parties and directly or indirectly arising from the Owner's
performance of its obligations under this Agreement, and in
the event of settlement, compromise or judgment hold the
City free and harmless therefrom.
4.9 Rights and Remedies Cumulative. Except as
otherwise expressly stated in this Agreement, the rights
and remedies of the parties are cumulative, and the
exercise or failure to exercise one or more of such rights
or remedies by either party shall not preclude the exercise
by it, at the same time or different times, of any right or
remedy for the same default or any other default by the
other party. No waiver of any default or breach by the
Owner hereunder shall be implied from any omission by the
City to take action on account of such default if such
default persists or is repeated, and no express waiver
shall affect any default otter than the default specified
in the waiver, and such wavier shall be operative only for
the time and to the extent therein stated. waivers of any
covenant, term, or condition contained herein shall not be
construed as a waiver of any subsequent breach of the same
covenant, term or condition. The consent or approval by
the City to or of any act by the Owner requiring further
consent or approval shall not be deemed to waive or render
unnecessary the consent or approval to or of any subsequent
similar act. The exercise of any right, power, or remedy
shall in no event constitute a cure or a waiver of any
default under this Agreement, nor shall it invalidate any
act done pursuant to notice of default, or prejudice the
City in the exercise of any right, power, or remedy
hereunder.
4.10 Action at Law. The City may take whatever
action at law or in equity as may be necessary or desirable
to enforce performance and observance of any obligation,
agreement or covenant of the Owner under this Agreement. No
delay or omission to exercise any right or power accruing
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upon any default shall impair any such right or power or
shall be construed to be a waiver of such right or power,
but any such right or power may be exercised from time to
time and as often as City may deem expedient. In order to
entitle the City to exercise any remedy reserved to it in
this Agreement, it shall not be necessary to give any
notice, other than such notice as may be herein expressly
required or required by law to be given.
4.11 Applicable Law. This Agreement shall be
interpreted under and pursuant to the laws of the State of
California.
4.12 Severability. If any term, provision, covenant
or condition of this Agreement is held in a final
disposition by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions
shall continue in full force and effect unless the rights
and obligations of the parties have been materially altered
or abridged by such invalidation, voiding or
unenforceability.
4.13 Legal Actions. In the event any legal action is
commenced to interpret or to enforce the terms of this
Agreement or to collect damages as a result of any breach
thereof, the party prevailing in any such action shall be
entitled to recover against the party not prevailing all
reasonable attorneys' fees and costs incurred in such
action (including all legal fees incurred in any appeal or
in any action to enforce any resulting judgment).
4.14 Binding Upon Successors. This Agreement shall
run with the land and be binding upon and inure to the
benefit of the heirs, administrators, executors and assigns
of each of the parties, and successors in interest of fee
title to the Project and the Property. Any reference in
this Agreement to an Owner shall be deemed to apply to any
successor, heir, administrator, executor or assign of such
party who has acquired a fee interest in the Project or
Property.
4.15 Effect and Duration. Owner covenants and agrees
for itself, its heirs, its administrators, its executors,
its successors, its assigns and every successor in interest
to fee title of the Project, the Property or any part
thereof, that the Owner and such heirs, administrators,
executors, successors, assigns and successors in interest
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shall comply with all of the terms, provisions, easements,
conditions, covenants, restrictions, liens, and servitude
set forth in this Agreement.
4.16 Transfer. During the Term of this Agreement,
any sale or other transfer of the Project or the Property
shall be subject to the City's prior written approval other
than any transfer necessitated by foreclosure by or
delivery of a deed in lieu of foreclosure to or for the
benefit of U.S. Bank National Association (and its
successors in interest) ( "U.S. Bank ") as the lien holder of
the Multifamily Housing Revenue Bonds (Vintage Crest Senior
Apartments Project) 2002 Series A.
4.17 Time of the Essence. In all matters under this
Agreement, time is of the essence.
4.18 City Approval. Any approvals required under
this Agreement shall not be unreasonably withheld or
delayed.
4.19 Complete Understanding of the Parties. The
Development Agreement, the Project Approvals, this
Agreement and the other attached Exhibits constitute the
entire understanding and agreement of the parties with
respect to the matters described herein. In the event of
any conflict between this Agreement, the Project Approvals,
and the Development Agreement the terms this Agreement
shall take precedence over the terms of the Project
Approvals.
4.20 Construction and Interpretation of
Agreement. The parties hereto acknowledge and agree that
this Agreement has been prepared jointly by the parties and
has been the subject of arm's length and careful
negotiation over a considerable period of time, that each
party has reviewed this Agreement with legal counsel, and
that each party has the requisite experience and
sophistication to understand, interpret and agree to the
particular language of the provisions of this Agreement.
Accordingly, in the event of an ambiguity in or dispute
regarding the interpretation of this Agreement,
notwithstanding Civil Code Section 1654, this Agreement
shall not be interpreted or construed against the party
preparing it, and instead other rules of interpretation and
construction shall be utilized.
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4.21 Controlling Law; Venue. This Agreement shall be
deemed to be entered into in California and shall be
controlled and interpreted by the internal laws of
California, without regard to conflict of law provisions,
except to the extent federal law applies. Venue for any
action brought under this Agreement will be at City's
option in the Superior Court for the County of Ventura,
California. Owner hereby accepts for itself and in respect
to its property, generally and unconditionally, the non-
exclusive jurisdiction of the foregoing court. Owner
irrevocably consents to the service of process in any
action or proceeding by the mailing of copies thereof by
registered or certified mail, postage prepaid, to Owner at
its address for notices pursuant to this Agreement. Nothing
contained herein shall affect the right of the City to
serve process in any other manner permitted by law.
K: \cg \Moor \VCrest \aff5.doc 12
000089 4 -29 -04
4.22 Counterparts. This Agreement may be executed in
counterparts, which together will be one agreement.
WHEREFORE, the parties have executed this Agreement as
of the date first -above written.
APPROVED AS TO FORM:
KANE, BALLMER & BECKMAN
Special Counsel to the City
By:
Glenn F. Wasserman
THE CITY OF MOORPARK
By:
Name:
Title:
VINTAGE CREST SENIOR APARTMENTS,
L.P., a California limited
partnership
By: USA Properties Fund, Inc.,
a California corporation
Its: Administrative General
Partner
LIM
Geoffrey C. Brown, President
By: Riverside Charitable
Corporation, a California
nonprofit corporation
Its: Managing General Partner
Kenneth S. Robertson,
Chairman of the Board
x: \cg \Moor \VCrest \aff5.doc 1 3
4 -29 -04 000090
EXHIBIT NO. 1
TO AFFORDABLE HOUSING AGREEMENT
LEGAL DESCRIPTION
THE LAND REFERRED TO IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF VENTURA, AND IS DESCRIBED AS FOLLOWS:
A portion of Lot "L" of Tract "L" of the Rancho Simi, as
per Map recorded in Book 5, Page 5 of Maps and Parcel B of
Parcel Map No. 5316, in the City of Moorpark, County of
Ventura, State of California as shown on a Parcel Map
recorded in Book 60 Page 87 of Parcel Maps, in the office
of the County Recorder of said County, shown as Parcel 1 on
the Lot Line Adjustment No. 2002 -05 recorded October 24,
2002, as Instrument No. 2002 - 0259095 -00, Official Records,
in the Office of the County Recorder of said county.
EXCEPT a portion of Parcel 1 on the Lot Line Adjustment No.
2002 -05, in the City of Moorpark, County of Ventura, State
of California, described and shown in document recorded
October 24, 2002, as Document No. 2002 - 0259095 -00 of
Official Records, in the office of the County Recorder of
said County, described as follows:
Beginning at the Southwest corner of said Lot Line
Adjustment; thence the following numbered courses:
1St: North 66 °00'24" West 547.50 feet along the Southerly
line of said Lot Line Adjustment, to the Southwest corner
of said Lot Line Adjustment;
2nd: North 0003'00" West 213.96 feet along the Westerly line
of said Lot Line Adjustment to the Northwesterly
prolongation of the first course recited as "South
66007111" East 269.41 feet" of the parcel described in
Exhibit "A" in the deed recorded September 4, 2001, as
Document No. 2001- 174965 of Official Records, in the office
of the County Recorder of said County;
3rd: South 68034'26" East 537.30 feet along said
Northwesterly prolongation to a point in the Easterly line
of said Lot Line Adjustment;
4th: South 00003'00" East 240.31 feet, along said Easterly
line to the point of beginning.
000091
EXHIBIT NO. 2
TO AFFORDABLE HOUSING AGREEMENT
AFFORDABLE HOUSING IMPLEMENTATION
AND RENTAL RESTRICTION PLAN
[BEHIND THIS PAGE]
000092
OFFICIAL BUSINESS
Document entitled to free
recording per Government Code
Sections 6103 and 27383
Recording Requested By:
THE CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF MOORPARK
AFFORDABLE HOUSING
IMPLEMENTATION
AND RENTAL RESTRICTION PLAN
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000093
TABLE OF CONTENTS
Page
ARTICLE 1. DEFINITIONS AND INTERPRETATION .............. 2
1.1 Definitions ........ ............................... 2
1.2 Rules of Construction . ............................ 5
ARTICLE
2. RENTAL RESTRICTIONS .........................
5
2.1
Purpose of Restrictions ...........................
6
2.2
Units Generally . ... ...............................
6
2.3
Allocation of Units . ..............................
7
2.4
Rent -Up Periods . ... ...............................
8
2.5
Affordable Rent . ... ...............................
8
2.6
Income Recertification; Rent Increases. ...........
9
2.7
Increased Income of Occupying Households. .........
9
2.8
Specific Enforcement of Affordability
18
3.9
Restrictions. ..... ...............................
10
2.9
City's Option to Place Tenants . ..................
10
2.10
Priority for Moorpark Residents ..................
12
2.11
Reporting Requirements . ..........................
12
ARTICLE
3. GENERALLY APPLICABLE REQUIREMENTS ..........
13
3.1
General Use Restrictions .........................
13
3.2
Residential Rental Property . .....................
13
3.3
Lease Provisions .. ...............................
14
3.4
Security Deposits . ...............................
15
3.5
Additional Information; Books and Records ........
15
3.6
Hazardous Materials . .............................
15
3.7
Indemnity ......... ...............................
17
3.8
No Limitation ..... ...............................
18
3.9
Management Agent . . ...............................
19
3.10
Day -to -Day Management Responsibility .............
19
3.11
Insurance Requirements . ..........................
20
ARTICLE 4 OPERATIONS ... ............................... 22
4.1 Staffing Arrangements ............................ 22
4.2 Initial Leasing, Rental and Occupancy Procedures .22
ARTICLE 5. MAINTENANCE . ............................... 23
5.1 Maintenance, Repair, Alterations ................. 23
5.2 Disclaimer ........ ............................... 25
5.3 Mechanics Liens ... ............................... 25
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i
1111•.
ARTICLE 6 DEFAULT; REMEDIES ......................... 25
6.1 An Event of Default .............................. 25
6.2 Liens . ............ ............................... 27
6.3 Costs of Enforcement ............................. 28
6.4 Enforcement ....... ............................... 28
6.5 Right of Contest .. ............................... 28
6.6 Action at Law; No Remedy Exclusive ............... 29
ARTICLE 7. GENERAL PROVISIONS ......................... 29
7.1
Force Majeure .... ...............................
29
7.2
Hold Harmless .... ...............................
30
7.3
Rights and Remedies Cumulative ..................
30
7.4
Burden and Benefit ..............................
31
7.5
Severability ..... ...............................
31
7.6
Legal Actions .... ...............................
31
7.7
City Approval .... ...............................
32
7.8
Notices .......... ...............................
32
7.9
Enforcement of Plan .............................
32
7.10
Binding on Successors and Assigns ...............
33
7.11
Amendments ....... ...............................
33
7.12
No Third Party Beneficiaries ....................
33
7.13
Attorneys' Fees .. ...............................
33
7.14
Counterparts ..... ...............................
33
7.15
Controlling Law; Venue ..........................
33
EXHIBITS
Exhibit A Legal Description
Exhibit B Certification of Tenant Eligibility
Exhibit C Certificate of Continuing Program Compliance
for the [Month /Quarter] Ending
Exhibit D Type of Unit, Number of Units, Household
Size Adjustment and Utility Allowance
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ii
000095
AFFORDABLE HOUSING IMPLEMENTATION
AND RENTAL RESTRICTION PLAN
(VINTAGE CREST SENIOR APARTMENTS)
Moorpark, California 93021
RECITALS:
A. THE CITY OF MOORPARK, herein called "City," acting to
carry out its public purposes to assist Very Low and
Low Income persons and families to obtain housing at
affordable housing cost, entered into a Development
Agreement dated October 22, 2002, recorded as
Instrument No. 2002 - 0263670 in the Official Records of
the County of Ventura on October 28, 2002(the
"Development Agreement ") with VINTAGE CREST SENIOR
APARTMENTS, L.P., for the construction of a
residential development consisting of 190 apartments
located in the City of Moorpark (the "Project "), on
that certain real property described on the attached
Exhibit "A" and incorporated herein by this reference
(the "Property "); and
B. Pursuant to the Development Agreement, City and Owner
entered into an Affordable Housing Agreement (the
"Affordable Housing Agreement "); and
C. Pursuant to the Development Agreement and the
Affordable Housing Agreement, the Owner has agreed to
construct the Project and rent or lease all of the
dwelling units in the Project to persons or families
of Low Income or Very Low Income at an Affordable
Rent, all as defined herein; and
D. The City requires that the Property be occupied by Low
Income and Very Low Income households for the Term of
this Plan, as defined below.
E. Owner is willing to enter into certain restrictions
upon the operation of the Project, as set forth in
this Implementation and Rental Restriction Plan (the
"Plan "), which will bind the Project and Owner, its
successors and assigns, for the term of this Plan.
The purpose of this Plan is to create such
conditions, covenants, restrictions, liens,
servitudes, and charges upon and subject to which the
K: \cg \Moor \VCrest \PLAN6 1
4 -29 -04
000096
Project and each and every part and portion thereof
shall be occupied, leased and rented. The provisions
of this Plan shall run for its term and shall apply to
and bind any successors -in- interest of Owner. Each of
the provisions hereof are imposed upon the Project as
mutual and reciprocal equitable servitudes in favor of
each and every other portion of the Project.
NOW, THEREFORE, the City hereby declares and NOTICE IS
HEREBY GIVEN that the Property shall be subject to this
AFFORDABLE HOUSING IMPLEMENTATION AND RENTAL RESTRICTION
PLAN (this "Plan "), dated as of 2004 (the
"Date of this Plan ").
ARTICLE 1. DEFINITIONS AND INTERPRETATION
1.1 Definitions. Capitalized terms used herein
shall have the following meanings unless the context in
which they are used clearly requires otherwise.
"Affordability Agreement" shall mean that certain
Affordable Housing Agreement to be entered into between
Owner and the City to which an unexecuted version of this
Plan is attached as Exhibit No. 2.
"Affordable Rent" shall mean rent plus a reasonable
utility allowance that does not exceed the following:
(A) For a Very Low Income Tenant, the product of
thirty percent (30 %) times fifty percent (50 %) of
the County Median Income adjusted for family size
appropriate for the Unit; and
(B) For a Low Income Tenant, the product of thirty
percent (30 %) times sixty percent (60 %) of the
County Median Income adjusted for family size
appropriate for the Unit.
"City" shall mean the City of Moorpark, California, a
municipal corporation.
"Consumer Price Index" shall mean the Consumer Price
Index - -All Urban Consumers for Los Angeles /Orange /Riverside
metropolitan area, as published from time to time by the
United States Department of Labor or, in the event such
index is no longer published or otherwise available, such
K: \cg \Moor \VCrest \PLAN6 2
4 -29 -04
000097
replacement index as may be agreed upon by Owner and City.
All calculations relating to the Consumer Price Index shall
be made using the month of February.
"County" shall mean Ventura County.
"County Median Income" shall mean the Median Income
adjusted by actual household size as published annually by
HUD for the County, which Median Income levels shall be
adjusted concurrently with publication of adjustment of the
same by HUD.
"Density Bonus" shall mean the density bonus granted
by the City to Owner in connection with the Project
pursuant to General Plan Amendment No. 2002 -01 ( "GPA "),
Zone Change No. 2002 -01 ( "ZC "), and Residential Planned
Development Permit No. 2002 -02 ( "RPD "). Implementation of
these land use entitlements is subject to a mitigation
measures, monitoring and reporting program that was
approved by the City on July 17, 2002 (the "Mitigation
Monitoring Program ", the Mitigation Monitoring Program
together with the GPA, ZC and RPD are collectively referred
to as the "Project Approvals "), under which authority the
Owner must construct a residential development consisting
of 190 apartments, consisting of at least twenty -five
percent (25 %) (i.e., 48 units) of the total dwelling units
in the Project at an Affordable Rent for Very Low Income
households (i.e., 50% of County Median income) and seventy -
five percent (75 %) (i.e., 142 units) of such dwelling units
(one of which may be occupied by an employee of the Owner
or its management company) at an Affordable Rent for Low
Income households (i.e., 60% of County Median Income).
"Development Agreement" shall mean that certain
Development Agreement dated October 22, 2002, recorded as
Instrument No. 2002 - 0263670 in the Official Records of the
County of Ventura on October 28, 2002.
"HUD" shall mean the United States Department of
Housing and Urban Development.
"Initial Rent -Up" shall mean the period between the
issuance of a certificate of occupancy for the first
residential unit and "Stabilization" (as defined below).
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000098
"Low Income" or `Lower Income" shall mean a household
income that does not exceed sixty percent (60 %) of the
County Median Income, adjusted for household size
appropriate to the Unit. The household income amount for
Lower Income households shall be based on the amount
published by HUD as the Household Income Limits for Ventura
County ( "HUD Income Limits ") or such successor information
in the event the referenced published information is no
longer available.
"Low Income Tenants" or "Lower Income Tenants" shall
mean individuals or households qualified on the basis of a
"certification of tenant eligibility" as certified by such
individual or household, who have an adjusted gross income
which does not exceed Low Income.
"Owner" shall mean Vintage Crest Senior Apartments,
L.P., and any permitted assignee of its rights, powers and
responsibilities, or any successor in interest to fee title
to the Project or Property.
"Plan,/ shall mean this Affordable Housing
Implementation and Rental Restriction Plan.
"Project" is the residential development consisting of
190 apartments located on the Property, together with
structures, improvements, equipment, fixtures, and other
personal property owned by the Owner and located on or used
in connection with all such improvements and all
functionally related and subordinate facilities.
"Property" shall mean that real property in the City
of Moorpark, California described as set forth in the Legal
Description attached to this Plan as Exhibit "A ".
"Stabilization" shall mean the time at which the
Project achieves ninety percent (90 %) occupancy for ninety
(90) consecutive days.
"Term" shall mean the longest feasible time, but not
less than fifty -five (55) years, commencing upon the date
of recordation of this Plan.
"Unit Allocation"
Units as set forth in
2.3.2 and Exhibit "D ".
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4 -29 -04
shall mean the allocation of the
greater detail in Sections 2.3.1,
0
"Units" shall mean the residential apartment units in
the Project.
"Utility Allowance" shall mean the utility allowance
set forth in the chart attached to this Plan as Exhibit
.. D.. .
"Very Low Income" shall mean a household income that
does not exceed fifty percent (500) of the County Median
Income, adjusted for household size appropriate to the
Unit.
"Very Low Income Tenants" shall mean individuals or
households qualified on the basis of a "certification of
tenant eligibility" as certified by such individual or
household, who have an adjusted gross income which does not
exceed Very Low Income.
1.2 Rules of Construction.
1.2.1 The singular form of any word used
herein, including the terms defined herein shall include
the plural and vice versa. The use herein of a word of any
gender shall include correlative words of all genders.
1.2.2 Unless otherwise specified, references
to Articles, Sections, and other Subdivisions of this Plan
are to the designated Articles, Sections, and other
Subdivisions of this Plan as originally executed. The
words "hereof," "herein," "hereunder," and words of similar
import shall refer to this Plan as a whole.
1.2.3 All of the terms and provisions hereof
shall be construed to effectuate the purposes set forth in
this Plan and to sustain the validity hereof.
1.2.4 Headings or titles of the several
articles and sections hereof and the table of contents
appended to copies hereof shall be solely for convenience
of reference and shall not affect the meaning,
construction, or effect of the provisions hereof.
ARTICLE 2. RENTAL RESTRICTIONS
The terms, conditions and provisions of this Article 2
shall apply to the Units, and shall apply for the entire
Term of this Plan.
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000100
2.1 Purpose of Restrictions. The City is
required pursuant to the Project Approvals and California
Health and Safety Code Section 33413(b) to impose certain
income and affordability restrictions on a specified number
of Units in the Project. The provisions of this Plan are
intended to carry out those requirements. Specifically,
this Plan provides for the provision of 48 units at Very
Low Income and 142 units at Low Income (one of which may be
occupied by an employee of the Owner or its management
company), with a minimum of twelve (12) two - bedroom units
occupied by Very Low Income tenants, for the life of the
Project.
2.2 Units Generallv.
2.2.1 One hundred percent of all the rental
units in the Project ( "Units ") shall be occupied or
available for occupancy by Very Low Income Tenants and Low
Income Tenants on a continuous basis for the life of the
Project (except to the extent that one Low Income Unit may
be occupied by an employee of the Owner or its management
company). The allocation of the Units (the "Unit
Allocation ") is more specifically set forth in Sections
2.3.1, 2.3.2 and Exhibit "D" hereof. As specified in
Section 2.11, Owner will advise City on an annual or other
periodic basis in writing of the number of Units occupied
by Low Income Tenants and Very Low Income Tenants by
delivery of a certificate in the form specified by the
City, which is attached hereto as Exhibit "C ".
2.2.2 Moreover, a Unit occupied by a Very Low
Income Tenant or a Low Income Tenant shall be deemed, upon
termination of occupancy by such tenant (whether
voluntarily or involuntarily), to be continuously occupied
by a tenant in such income category until re- occupied other
than for a temporary period, at which time the
classification of the Unit shall be redetermined. Owner
shall use commercially reasonable efforts to prevent such
temporary periods from exceeding sixty (60) days. Owner
will also obtain and maintain on file such Certifications
of Tenant Eligibility in form similar to Exhibit "B"
attached hereto and incorporated herein by reference, for
each Low Income Tenant and Very Low Income Tenant as the
City may, from time to time, require. Owner shall make a
good faith effort to verify that the income provided by an
applicant in an income certification is accurate by
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4 -29 -04
000101
reviewing any one of the following documents which shall be
provided by the applicant:
(a) A pay stub for the most recent pay
period;
(b) An income tax return for the most
recent tax year;
(c) An income verification form from the
applicant's current employer;
(d) An income verification form from the
Social Security Administration and /or
the California Department of Social
Services if the applicant receives
assistance from either of those
agencies; or
(e) If the applicant is unemployed and has
no tax return, another form of
independent verification.
2.2.3 The Owner shall include provisions in
leases or rental agreements for all Units which authorize
the Owner to immediately terminate the tenancy of any
tenant occupying a Unit where one or more of such tenants
have misrepresented any fact material to the qualification
of such an individual or household as a Very Low Income
Tenant or Low Income Tenant and /or for qualification for
occupancy of a Unit. Each lease or rental agreement for a
Unit shall also provide that the tenants of such Unit shall
be subject to annual certification or recertification of
income, as required by the City, and shall be subject to
rental increases in accordance with Sections 2.6 and 2.7 of
this Plan.
2.2.4 Owner shall use commercially reasonable
efforts not to allow any rent -ready Unit to remain vacant.
2.3 Allocation of Units.
2.3.1 During the Term of this Plan, forty -
eight (48) Units (i.e., 250 of the total Units in the
Project), including at least twelve (12) two - bedroom units,
available for occupancy in compliance with Building Code
K: \cg \Moor \VCrest \PLAN6 7
4 -29 -04
000102
requirements of the City, shall be available for occupancy,
at an Affordable Rent, and occupied by Very Low Income
Tenants (the "Very Low Income Units ").
2.3.2 During the Term of this Plan, one
hundred and forty -two (142) Units (i.e., 75% of the total
Units in the Project) available for occupancy in compliance
with Building Code requirements of the City (one of which
may be occupied by an employee of the Owner or its
management company), shall be available for occupancy, at
an Affordable Rent, and occupied by Low Income Tenants (the
"Low Income Units ").
2.4 Rent -Up Periods.
2.4.1 Prior to the Initial Rent -Up, Owner
shall designate specific Units in the Project to be the
Very Low Income Units or the Low Income Units and give
notice to the City of such designation. Subject to the
terms of this Plan, Owner shall have the right, from time
to time, to re- designate Very Low Income Units and Low
Income Units so long as: (1) the Unit Allocation remains
substantially the same throughout the Term; and (2) Owner
provides written notice to the City of such allocation.
2.4.2 During the Initial Rent -Up, the Very
Low Income and Low Income Units occupied by tenants at the
applicable income levels plus those Units held available
for occupancy by such tenants, shall be equal to or exceed
the respective applicable number and percentage of Units
set forth in Sections 2.3.1 and 2.3.2 of this Plan.
2.5 Affordable Rent.
2.5.1 Monthly rent charged to Low Income
Tenants shall be no greater than thirty percent (30 %) of
sixty percent (60 %) of County Median Income, adjusted for
family size appropriate for the Unit, less the Utility
Allowance.
2.5.2 Monthly rent charged to Very Low Income
Tenants shall be no greater than thirty percent (30 %) of
fifty percent (50 %) of County Median Income, adjusted for
family size appropriate for the Unit, less the Utility
Allowance.
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000103
2.6 Income Recertification; Rent Increases.
2.6.1 Owner shall cause the income of each
tenant of a Unit to be re- certified on an annual basis on
the anniversary date of each such tenant's initial rental
date.
2.6.2 Except as provided in Section 2.7
below, rents for the Units may be increased only once per
year, concurrently with or subsequent to any increase in
the County Median Income when and as determined by HUD.
The rents charged for the Units following such an increase,
or upon a vacancy and new occupancy by a Very Low Income
Tenant or Low Income Tenant, as the case may be, shall not
exceed the allowable rent calculated in compliance with
Sections 2.5.1 and 2.5.2 of this Plan.
2.7 Increased Income of Occupyinq Households.
2.7.1 If, upon income recertification, the
Owner determines that the household income of a Very Low
Income Tenant has increased above the maximum allowable
household income level of a Very Low Income Tenant but
remains equal to or below that of a Low Income Tenant, then
the monthly rent may be increased to not greater than one -
twelfth (1/12) of thirty percent (300) of sixty percent
(60 %) of the County Median Income (less the utility
allowance), upon sixty (60) days written notice to the
occupants thereof. In that event, the next available unit
that was previously a Low Income Unit must be rented to (or
held vacant and available for immediate occupancy by) a
Very Low Income Tenant.
2.7.2 Subject to this Section 2.7.2, if, upon
income recertification, the Owner determines that the
household income of a Very Low Income or Low Income Tenant
has increased above the maximum allowable household income
of a Low Income Tenant or a Very Low Income Tenant, then,
except as provided below, the Owner shall not be required
to evict the Tenant and the monthly rent charged to such
Tenant may continue to be not more than one - twelfth (1/12)
of thirty percent (30 %) of sixty percent (60 %) of the
County Median Income, including a utility allowance.
Notwithstanding the foregoing, if, upon income
recertification, the Owner determines that the household
income of a Tenant exceeds one hundred twenty percent
K: \cg \Moor \VCrest \PLAN6 9
4 -29 -04
000104
(1200) of the County Median Income, the Tenant shall no
longer be eligible to rent the Unit, and Owner shall
provide written notice to the Tenant to vacate the Unit
within six (6) months after such notice.
2.7.3 A Unit occupied by a Very Low Income
Tenant or a Low Income Tenant shall be deemed, upon the
termination of such household's occupancy, to be
continuously occupied by a Very Low Income Tenant or Low
Income Tenant, respectively, as applicable, until re-
occupied, at which time the character of the Unit shall be
redetermined.
2.8 Specific Enforcement of Affordabilit
Restrictions.
2.8.1 Owner hereby agrees that specific
enforcement of Owner's agreement to comply with the
allowable rent and occupancy restrictions of this Plan is
one of the reasons for the City's entering into the
Development Agreement and providing the Density Bonus.
2.8.2 Owner further agrees that, in the event
of Owner's breach of such requirements, potential monetary
damages to City, as well as prospective Very Low Income
Tenants and Low Income Tenants would be difficult, if not
impossible, to evaluate and quantify.
2.8.3 Therefore, in addition to any other
relief to which the City may be entitled as a consequence
of the breach hereof, Owner agrees to the imposition of the
remedy of specific performance against it in the case of
any event of default by Owner in complying with the
allowable rent, occupancy restrictions or any other
provision of this Plan.
2.9 Citv's Option to Place Tenants.
2.9.1 Units. City has the right, at its
option, to place tenants from time to time in vacant Units
in the Project, including, but not limited to persons and
households who need housing as the result of having been
relocated from housing within the City of Moorpark by the
action of the City or another public agency, or other
similar reason (a "Qualifying Event ") . The City shall have
the right, in its sole discretion, and hereby notifies
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000105
Owner that City intends to utilize its option and right to
place into vacant Units in the Project eligible Low Income
Tenants and Very Low Income Tenants. From time to time and
at any time during the Term, City may give written notice
to Owner (the "Option Notice ") that City intends to
exercise its option as to one or a specified number more
than one of the next available Units, as provided in
paragraphs a. and b. of this Section 2.9.1, below. Each
such Option Notice shall include the applicable income
level (i.e., Low Income or Very Low Income) for each such
requested Unit. City shall have the right to subsidize the
rents otherwise payable pursuant to this Plan by any Very
Low Income Tenants Income and Low Income Tenants, and, to
the extent the City determines it necessary, the City shall
subsidize the rents of Very Low Income Tenants and Low
Income Tenants placed in vacant Units by the City in
accordance with this Section 2.9. For purposes of this
Plan, any tenant who is referred to the Project by the City
as the result of a Qualifying Event, and who satisfies the
income eligibility requirements of this Plan, shall be
deemed an eligible Very Low Income Tenant or Low Income
Tenant, as the case may be.
a. Initial Rent -Up. The City may give one
or more Option Notices at any time following the execution
of the Affordable Housing Agreement and prior to the
leasing up of all the Units and City shall have the
exclusive right for ten (10) days after delivery of such
Option Notice to place tenants into all or any number of
the then un- rented Units, subject to the terms of this
Plan. The option shall be exercised for each Unit listed
in an Option Notice as follows: within ten (10) days after
receipt of an Option Notice during Initial Rent -Up (the
"Application Date "), the tenant referred by City shall go
to Owner's rental office to fill out an application form
and comply with Section 2.9.2, below. City's option to
place a tenant into any such Unit shall lapse if, (A) by
the end of the ten (10) day period following delivery of an
Option Notice, a qualified tenant referred by City has not
filled out the application form and does not subsequently
sign Owner's standard form of lease.
b. Subsequent to Initial Rent -Up.
Subsequent to Initial Rent -Up, after the receipt of an
Option Notice from City, Owner shall give written notice to
the City upon any vacancy of a Unit ( "Vacancy Notice "), and
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City shall have the exclusive right for ten (10) days after
receipt of such Vacancy Notice, to place a qualified tenant
into such vacated Unit, subject to the terms of this Plan.
The option shall be exercised for each Unit listed in a
Vacancy Notice as follows: (1) within ten (10) days after
receipt of a Vacancy Notice (the "Application Date "), the
qualified tenant referred by City shall go to Owner's
rental office to fill out an application form and sign
Owner's standard form of lease and comply with Section
2.9.2, below; and (2) within ten (10) days after the
Application Date, the qualified tenant shall provide to
Owner a rent deposit, as required by Owner. City's option
to place a tenant into any such Unit shall lapse if, (A) by
the end of the ten (10) day period following delivery of a
Vacancy Notice, a qualified tenant referred by City has not
filled out the application form and signed Owner's standard
form of lease, or (B) if, by the end of the ten (10) day
period following the Application Date, the qualified tenant
has not delivered the rental deposit.
2.9.2 Eligibility. Any applicant proposed as
a tenant for the Units subject to this Section 2.9 shall be
required to comply with all customary rental agreement or
lease provisions. As with any other tenant of the Project,
Owner shall have the right to terminate such tenant's
tenancy if such tenant breaches the standard lease or
rental agreement provisions. Owner shall accept as tenants,
on the same basis as all other prospective tenants, Very
Low Income or Low Income persons who are recipients of
federal certificates or vouchers for rent subsidies
pursuant to the existing program under Section 8 of the
United States Housing Act of 1937, as amended, or its
successor ( "Housing Act "). Owner shall not permit any
selection criteria to be applied to Section 8 certificate
or voucher holders that is more burdensome than the
criteria applied to all other prospective tenants.
2.10 Priority for Moorpark Residents. To the
extent permitted by applicable state and federal law,
priority shall be granted to eligible Moorpark residents
for the life of the Project.
2.11 Reporting Requirements.
2.11.1 From the commencement of construction
until the end of the first quarter of 2005 or the end of
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the calendar quarter in which construction of the Project
was completed, whichever occurs later, Owner shall prepare
and submit to the City, on a monthly basis, written
reports, setting forth the rental activity for the previous
month, and the current total number of Units occupied by
tenants, by respective income category.
2.11.2 Commencing with the first full calendar
quarter after the last period covered by monthly reports
pursuant to Section 2.11.1, Owner shall prepare and submit
to the City, on a quarterly basis, not later than the 15th
day of each calendar quarter, a Certificate of Continuing
Program Compliance in a form similar to Exhibit "C" hereto,
stating: (a) the number and percentage of Units in the
Project which were occupied by Low Income Tenants and Very
Low Income Tenants, or held vacant and available for
occupancy by Low Income Tenants or Very Low Income Tenants
during such period; and (b) that to the knowledge of the
Owner, no default has occurred under the provisions of this
Plan.
2.11.3 Owner shall prepare and submit to the
City, on an annual basis, a report in form and substance
reasonably satisfactory to the City, not later than March
31st of each year for the preceding calendar year,
summarizing the vacancy rate of the Project on a month -to-
month basis for such calendar year.
ARTICLE 3. GENERALLY APPLICABLE REQUIREMENTS
The terms, conditions and provisions of this Article 3
shall apply to the entire Project for the Term of this
Plan.
3.1 General Use Restrictions. The Project and
Property will be used only for purposes consistent with
this Plan and with the Redevelopment Plan for the City of
Moorpark Redevelopment Project Area of the City of
Moorpark, subject to the affordability and income
restrictions set forth herein.
3.2 Residential Rental Property.
3.2.1 The Project and Property will be held
and used for the purpose of providing multifamily
residential rental housing, and Owner shall own, manage and
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operate, or cause the management and operation of, the
Project to provide multifamily rental housing and for no
other purposes.
3.2.2 As used herein, facilities functionally
related and subordinate to the Project include facilities
for use by the tenants thereof, including for example,
swimming pools, other recreational facilities and meeting
rooms, parking areas, and other facilities which are
reasonably required for the Project (heating and cooling
equipment, trash disposal equipment, and Units set aside
and used for residential managers or maintenance personnel
and as a leasing office).
3.2.3 The Units in the Project shall not be
used on a transient basis and shall not be rented for a
period of less than thirty (30) consecutive days. None of
the Units in the Project will at any time be converted to,
leased or rented as for -sale condominiums, community
apartments, planned development, stock cooperative, or
other common interest development, a congregate care or
assisted living facility, fraternity house, sorority house,
rooming house, hospital, nursing home, sanitary or rest
home, or trailer court or park.
3.3 Lease Provisions. The provisions relating
to certification and recertification of income in the form
of lease or rental agreement used by the Owner for the
lease or rental of the Units shall be subject to review and
approval by the City, the approval of which shall not be
unreasonably withheld or delayed. If the lease or rental
agreement provisions specified in this Section 3.3.1 are
not approved or disapproved within thirty (30) days after
submittal to City, they shall be deemed approved.
3.3.1 Each lease or rental agreement shall
provide that the Owner will not discriminate on the basis
of race, creed, color, sex, national origin, ancestry,
religion, marital status, disability or receipt of public
assistance or housing assistance in connection with the
rental of a Unit in the Project, or in connection with the
employment or application for employment of persons for
operation and management of the Project, and all contracts,
applications and leases entered into for such purposes
shall contain similar non - discrimination clauses to such
effect.
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3.3.2 In addition to the conditions and
restrictions to be contained in leases or rental agreements
as provided in this Plan, ongoing operation of the Project
will be subject to reasonable house rules, policies and
regulations issued from time to time by Owner ( "Rules ").
Owner shall submit its Rules to City during the Initial
Rent -Up. From time to time thereafter, Owner shall submit
any amendments, modifications or changes to such Rules to
the City prior to their effective date. In addition, Owner
shall submit to the City on an annual basis a certification
that the Rules previously submitted to City, as amended,
remain in effect.
3.4 Security Deposits. The Owner shall not
require rental deposits in excess of one - month's rent for
any Unit, but may require refundable deposits for pet
damages, keys and garage door openers, not in excess of
market rates.
3.5 Additional Information; Books and
Records. Owner shall provide, within thirty (30) days of
request, additional information concerning the Units and /or
Unit Allocation reasonably requested by the City in
writing. The City shall have the right to examine and make
copies of all books, records or other documents maintained
by Owner or by any of Owner's agents which pertain to any
Unit.
3.6 Hazardous Materials.
3.6.1
definitions shall
3.6.
Definitions.
The following special
apply for the purposes of this Section
(a) "Hazardous Materials" shall mean:
(1) any "hazardous substance" as defined in
Section 101(14) of CERCLA (42 U.S.C. Section
9601(14)) or Section 25281(d) or 25316 of
the California Health and Safety Code at
such time;
(2) any "hazardous water," "infectious
waste" or "hazardous material" as defined in
Section 25117, 25117.5 or 25501(j) of the
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California Health and Safety Code at such
time;
(3) any other waste, substance or material
designated or regulated in any way as
"toxic" or "hazardous" in the RCRA (42
U.S.C. Section 6901 et seq.), CERCLA Federal
Water Pollution Control Act (33 U.S.C.
Section 1521 et seq.), Safe Drinking Water
Act (42 U.S.C. Section 3000 (f) et seq.),
Clean Air Act (42 U.S.C. Section 7401 et
seq.), California Health and Safety Code
(Section 25100 et seq., Section 3900 et
seq.), or California Water Code (Section
1300 et seq.) at such time; and
(4) Any additional wastes, substances or
material which at such time are classified,
considered or regulated as hazardous or
toxic under any other present or future
environmental or other similar laws relating
to the Project or the Property.
(b) "Hazardous Materials Laws" means all
federal, state, and local laws, ordinances,
regulations, orders and directives pertaining to
Hazardous Materials, in, on or under the Project,
the Property of any portion thereof.
3.6.2 Certain Covenants and Agreements. The Owner
hereby agrees that:
(a) The Owner shall not knowingly permit
the Project, the Property or any portion thereof to be a
site for the use, generation, treatment, manufacture,
storage, disposal or transportation of Hazardous Materials
or otherwise knowingly permit the presence of Hazardous
Materials in, on or under the Project or the Property. For
the purposes of this Section 3.6.2 only, the term
"Hazardous Materials" shall not include (1) construction
materials, gardening materials, household products, office
supply products, or janitorial supply products customarily
used in the construction, maintenance, or management of
residential developments or associated buildings and
grounds, or typically used in residential activities, in a
manner typical of other residential developments which are
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comparable to the Project; or (2) certain substances which
may contain chemicals listed by the State of California
pursuant to Health and Safety Code Section 25249.8 et seq.,
which substances are commonly used by a significant portion
of the population living within the region of the Project,
including (without limitation) alcoholic beverages,
aspirin, tobacco products, and saccharine.
(b) The Owner shall keep and maintain the
Project and the Property and each portion thereof in
compliance with, and shall not cause or permit the Project,
the Property or any portion thereof to be in violation of,
any Hazardous Materials Laws.
(c) Upon receiving actual knowledge of the
same the Owner shall immediately advise the City in writing
of: (1) any and all enforcement, cleanup, removal or other
governmental or regulatory actions instituted, completed or
threatened against the Owner or the Project or the Property
pursuant to any applicable Hazardous Materials Laws; (2)
any and all claims made or threatened by any third party
against the Owner or the Project or the Property relating
to damage, contribution, cost recovery, compensation, loss
or injury resulting from any Hazardous Materials (the
matters set forth in the foregoing clause (1) and this
clause (2) are hereinafter referred to as "Hazardous
Materials Claims "); (3) the presence of any Hazardous
Materials in, on or under the Project or the Property; or
(4) the Owner's discovery of any occurrence or condition on
any real property adjoining or in the vicinity of the
Project classified as "borderzone property" under the
provisions of California Health and Safety Code, Section
25220 et seq., or any regulation adopted in accordance
therewith, or to be otherwise subject to any restrictions
on the ownership, occupancy, transferability or use of the
Project or the Property under any Hazardous Materials Laws.
3.7 Indemnity. Owner hereby agrees to
indemnify, protect, hold harmless and defend (by counsel
reasonably approved by the City) the City, and its City
Council members, officers, employees, contractors, agents
and attorneys from and against any and all claims, losses,
damages, liabilities, fines, penalties, charges,
administrative and judicial proceedings and orders,
judgments, remedial action requirements, enforcement
actions of any kind, and all costs and expenses incurred in
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connection therewith, including, but not limited to,
reasonable attorneys' fees and expenses(collectively, a
"Loss ") , arising directly or indirectly, in whole or in
part, out of (1) the failure of the Owner or any other
person or entity occupying or present on the Project or
Property to comply with any Hazardous Materials Law
relating in any way whatsoever to the handling, treatment,
presence, removal, storage, decontamination, cleanup,
transportation or disposal of Hazardous Materials into, on,
under or from the Project or the Property; (2) the presence
in, on or under the Project or the Property of any
Hazardous Materials or any releases or discharges of any
Hazardous Materials into, on, under or from the Project or
the Property; or (3) any activity carried on or undertaken
on the Project or the Property during Owner's ownership of
the Property, whether by the Owner or any employees,
agents, contractors or subcontractors of the Owner, or any
third persons at any time occupying or present on the
Project or the Property, in connection with the handling,
treatment, removal, storage, decontamination, cleanup,
transport or disposal of any Hazardous Materials at any
time located or present on or under the Project or the
Property. The foregoing indemnity shall further apply to
any residual contamination on or under the Project or the
Property, or affecting any natural resources, and to any
contamination of any property or natural resources arising
in connection with the generation, use, handling,
treatment, storage, transport or disposal of any such
Hazardous Materials on, under, or from the Project or the
Property, and irrespective of whether any of such
activities were or will be undertaken in accordance with
Hazardous Materials Laws. However, the foregoing indemnity
shall not extend to the portion of any Loss arising from
the negligence of the City or anyone for whose actions the
City is legally liable. This Section 3.7 shall survive
termination of this Plan.
3.8 No Limitation. The Owner hereby
acknowledges and agrees that the Owner's duties,
obligations and liabilities under this Plan, including
without limitation, under Section 3.7 above, are in no way
limited or otherwise affected by any information the City
may have concerning the Project or the Property and /or the
presence within the Project or the Property of any
Hazardous Materials, whether the City obtained such
information from the Owner or from its own investigations.
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3.9 Management Agent.
3.9.1 The Project shall at all times be
managed by the Owner or an experienced third -party
management agent with demonstrated ability to operate
residential housing in a manner that will provide decent,
safe and sanitary residential facilities to occupants
thereof, including experience in complying with reporting
requirements and occupancy restrictions similar to those
imposed upon the Project by the terms of this Plan. The
City acknowledges that USA Multifamily Management, Inc. has
the qualifications set forth in this Section 3.9.1 for the
management agent.
3.9.2 The Owner directly or through an
affiliate may be the "management agent" of the Project. The
Owner may retain on -site personnel and other consultants
and service providers to assist Owner to operate the
Project effectively and in compliance with the provisions
of this Plan and state and federal law.
3.9.3 In the event that Owner seeks to
appoint a replacement management entity to manage the
Project, the Owner shall advise the City of the identity of
any such qualified management agent not later than sixty
(60) days prior to the effective date of such appointment.
The Owner shall also submit such additional information
about the background, experience and financial condition of
any proposed management agent as is reasonably requested by
the City.
3.9.4 Upon the City's request, the Owner
shall cooperate with the City in an annual review of the
management practices and status of Project. The purpose of
each annual review will be to enable the City to determine
if the Project is being operated and managed in accordance
with the requirements and standards of this Plan.
3.10 Day -to -Day Management Responsibility. The
following procedure shall be followed to ensure effective
day -to -day operation of the Project and cooperation between
the City, the Owner and the management agent:
3.10.1 Day -to -day operation of the Project
will be under the direct supervision of an on -site
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management agent or resident manager who will report to the
management agent.
3.10.2 There will be regular meetings as
necessary between the Owner and the management agent for
the purpose of reviewing policies, procedures, resident
relations and budget control. Such policies and procedures
will not be altered without the prior approval of the City.
3.11 Insurance Reauirements.
3.11.1 Required Coverage. The Owner shall
maintain and keep in force, at the Owner's sole cost and
expense, the following insurance applicable to the Project
and the Property:
(a) Comprehensive general liability
insurance with limits not less than $2,000,000 for each
occurrence, combined single limit for bodily injury and
property damage, including coverages for contractual
liability, personal injury, broad form property damage,
products and completed operations. The policy limits shall
be adjusted by the aggregate percentage change in the
Consumer Price Index from the date of recordation of this
Plan, calculated every five (5) years, beginning on the
fifth anniversary date of the recordation of this Plan.
(b) Comprehensive automobile liability
insurance with limits not less than $2,000,000 for each
occurrence, combined single limit for bodily injury and
property damage, including coverages for owned, non -owned
and hired vehicles. The policy limits shall be adjusted by
the percentage change in the Consumer Price Index from the
date of recordation of this Plan, calculated every five (5)
years, beginning on the fifth anniversary date of the
recordation of this Plan.
(c) Worker's compensation insurance,
fidelity bonds and /or such other insurance coverage which
is ordinarily and customarily maintained on like kind and
sized apartment projects within the City.
(d) A policy or policies of insurance
against loss or damage to the Project resulting from fire,
windstorm, hail, lightning, vandalism, malicious mischief,
and such other perils ordinarily included in extended
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coverage casualty insurance policies. In addition, if
Owner carries coverage voluntarily for additional causes
(such as earthquake, riot, civil commotion or other) , such
coverage shall be treated in all respects as the policy or
policies required to be kept under this paragraph (d) for
so long as Owner continues to voluntarily carry such
coverage. All insurance hereunder, except earthquake
insurance, shall be maintained in an amount not less than
one hundred percent (100 %) of the Full Insurable Value of
the Project as defined below (such value to include amounts
spent for construction of the Project, architectural and
engineering fees, and inspection and supervision). "Full
Insurable Value of the Project" shall mean the actual
replacement cost excluding the cost of excavation,
foundation and footings below the ground level of the
Project. To ascertain the amount of coverage required,
Owner shall cause the Full - Insurable Value to be determined
from time to time, but in no event less often than once
each five ( 5 ) years, by appraisal by the insurer or by any
appraiser mutually acceptable to City and Owner; except
that no such appraisals shall be required if the policy is
written on a "replacement cost" basis.
3.11.2 General Requirements. The insurance
required by this Section 3.11 shall be provided under an
occurrence form, and the Owner shall maintain such coverage
continuously so long as this Plan is in force. Should any
of the required insurance be provided under a form of
coverage that includes an annual aggregate limit or
provides that claims investigation or legal defense costs
be included in such annual aggregate limit, such annual
aggregate limit shall be one and one -half times the
occurrence limits specified above. All policies shall be
with an insurance carrier licensed and admitted to do
business in California and rated in Best's Insurance Guide,
or any successor thereto (or if there be none, an
organization having a national reputation) as having a
"Best's Rating" of "A" and a "Financial Size Category" of
at least "VII" or if such ratings are not then in effect,
the equivalent thereof.
3.11.3 Additional Insured. The City shall be
named as an additional insured on both the general
liability and extended coverage property insurance covering
the Project and the Property. Comprehensive general
liability, comprehensive automobile liability and property
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000116
insurance policies shall also be endorsed to name as
additional insureds the City, and its City Council members,
officers, agents, employees and attorneys. All policies
shall be endorsed to provide thirty (30) days prior written
notice of cancellation, reduction in coverage, or intent
not to renew to the address established for notices to the
City pursuant to Section 7.8, below.
3.11.4 Certificates of Insurance. Upon the
City's request at any time during the Term of this Plan,
the Owner shall provide certificates of insurance, in form
and with insurers reasonably acceptable to the City,
evidencing compliance with the requirements of this
Section, and shall provide complete copies of such
insurance policies, including a separate endorsement naming
the City as an additional insured.
ARTICLE 4 OPERATIONS
The terms, conditions and provisions of this Article 4
shall apply to the entire Project for the Term of this
Plan.
4.1 Staffing Arrangements. Owner shall provide
for adequate on -site staffing of management personnel to
manage the Project in a prudent and businesslike manner. In
addition, Owner shall provide such security services as may
be necessary or appropriate for the Project. All hiring of
on -site personnel shall conform to applicable equal
opportunity guidelines, without regard to race, religion,
color, national origin or sex. All hiring materials will
indicate that the Project is an "Equal Opportunity
Employer." Employment grievances, terminations and
promotions will be conducted according to personnel
policies and procedures which conform with equal
opportunity laws. All personnel employed at the Project
will receive training specific to Owner's policies and
procedures.
4.2 Initial Leasing, Rental and Occu ancy
Procedures. In connection with the Initial Lease -Up of the
Project, Owner will adopt outreach programs to locate
qualified tenants for the Project and shall establish such
procedures for occupancy, rental, and rent grievances as
may be reasonably required by the City. Not later than ten
(10) days prior to the commencement of marketing, Owner
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00011'7
shall prepare and submit to the City for reasonable
approval a marketing and outreach program which shall
contain, among other things, the following: how a potential
tenant would apply to rent a Unit in the Project, including
where to apply, applicable income limits and rent levels; a
description of procedures Owner will follow to publicize
vacancies in the Project, including notice in newspapers of
general circulation, including at least one Spanish -
language newspaper and mailing notices of vacancies to or
contacting by telephone potential tenants on the waiting
list maintained by Owner.
ARTICLE 5. MAINTENANCE
The terms, conditions and provisions of this Article 5
shall apply to the entire Project for the Term of this
Plan.
5.1 Maintenance, Repair, Alterations. Owner
shall maintain and preserve the Project and the Property in
good condition and repair and in a prudent and businesslike
manner. Restoration of damaged improvements shall be made
to a condition as good as existed prior to the damage.
Owner shall complete promptly and in a good and workmanlike
manner any improvements which may now or hereafter be
constructed on the Project or the Property and pay when due
all claims for labor performed and material furnished
therefor. Owner shall comply with all laws, ordinances,
rules, regulations, covenants, conditions, restrictions,
and orders of any governmental authority now or hereafter
affecting the conduct or operation of the Project and of
Owner's business on the Project or any part thereof or
requiring any alteration or improvement to be made thereon.
Owner shall maintain abutting grounds, sidewalks, roads,
parking, and landscaped areas in good and neat order and
repair. Owner hereby agrees that City may conduct from time
to time through representatives of its own choice who are
properly identified as agents of the City, upon reasonable
notice and subject to reasonable security and safety
procedures and rights of tenants in possession, on -site
inspections and observation of such records of Owner
relating to the Project and the Property as City reasonably
deems to be necessary or appropriate in order to monitor
Owner's compliance with the provisions of this Plan. Owner
shall assure that each Unit receives the same level of
maintenance and repair and upgrades or improvements. The
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Owner shall conduct an ongoing maintenance program, which
shall include the following:
(a) Scheduled preventative maintenance and
repair of installed equipment in accordance with
manufacturers' recommendations.
(b) Routine repairs to kitchen appliances,
electrical, plumbing and heating equipment.
(c) Preventative annual apartment inspections to
regularly and consistently ascertain the condition of each
apartment unit.
(d) Preventative regular inspections of common
areas and equipment as well as regular schedules (daily,
weekly, monthly, quarterly, etc.) for maintaining the same.
This will include maintenance of exterior areas to keep
grounds free of graffiti, litter, trash and paper. Parking
areas will be maintained in good repair and free from dirt
and litter. Common areas such as hallways and laundry
rooms will be swept and cleaned regularly and kept free of
trash and other debris. Garbage removal will be provided
through arrangements with a contractor, consistent with
applicable City ordinances. The trash areas will be swept
regularly and scrubbed with disinfectant when necessary.
Extermination services will be contracted with to provide
pest control consistent with high quality apartment
management practices.
(e) Contract with a landscape firm to maintain
the landscaped areas in an attractive and healthy
condition.
(f) Interior painting and carpet cleaning or
replacement in individual apartment units shall be based on
need, substantiated by the annual physical inspection, or
as occupancy changes, or as the Owner or its management
agent may otherwise deem necessary.
(g) Owner will employ a maintenance work order
procedure in the Project to adequately document requests
for work and promptness within which the work has been
completed.
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000119
5.2 Disclaimer. Nothing in this Plan shall make
City responsible for making or completing capital repairs
or replacements to the Project or the Property or require
City to expend funds to make or complete the same. Upon
three (3) business days' notice to Owner, properly
identified representatives of City may enter onto the
Property during normal business hours (subject to the
rights of tenants under their leases) to inspect the
progress of any capital repairs and replacements and the
general condition of the Project or the Property; provided,
in the event of emergencies, City shall give only such
notice to Owner as may be practicable under the
circumstances.
5.3 Mechanics Liens. Owner shall pay and
promptly discharge when due all liens, encumbrances and
charges upon the Project, the Property or any part thereof
relating to mechanics, laborers, materialmen's, suppliers
or vendor's liens or rights. Owner shall have the right to
contest in good faith the validity of any such lien,
encumbrance or charge.
ARTICLE 6 DEFAULT; REMEDIES
The terms, conditions and provisions of this Article 6
shall apply to the entire Project for the Term of this
Plan.
6.1 An
shall constitute
hereunder:
Event of Default. Each of the following
an "Event of Default" by the Owner
6.1.1 Failure by the Owner to duly perform,
comply with and observe in any material respect the
conditions, terms, or covenants of the Development
Agreement, the Affordability Agreement or this Plan, if
such failure remains uncured thirty (30) days after written
notice of such failure from the City to the Owner in the
manner provided herein or, with respect to a default that
cannot be cured within thirty (30) days, if the Owner fails
to commence such cure within such thirty (30) day period or
thereafter fails to diligently and continuously proceed
with such cure to completion; provided, however, that in no
event shall the City be precluded from exercising remedies
if an Event of Default is not cured within ninety (90) days
after the first notice of default is given, subject to
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Section 7. 1. If a different period or notice requirement
is specified under any other section of this Plan, then the
specific provision shall control.
6.1.2 Any representation or warranty
contained in this Plan or in any application, financial
statement, certificate, or report submitted to the City by
Owner proves to have been incorrect in any material respect
when made.
6.1.3 A court having jurisdiction shall have
made or rendered a decree or order (a) adjudging Owner to
be bankrupt or insolvent; (b) approving as properly filed a
petition seeking reorganization of Owner or seeking any
arrangement on behalf of the Owner under the bankruptcy law
or any other applicable debtor's relief law or statute of
the United States or of any state or other jurisdiction;
(c) appointing a receiver, trustee, liquidator, or assignee
of the Owner in bankruptcy or insolvency or for any of its
properties; or (d) directing the winding up or liquidation
of the Owner, providing, however, that any such decree or
order described in any of the foregoing subsections shall
have continued unstayed or undischarged for a period of
ninety (90) days.
6.1.4 The Owner shall have assigned its
assets for the benefit of its creditors or suffered a
sequestration or attachment or execution on any substantial
part of its property, unless the property so assigned,
sequestered, attached, or executed upon shall have been
returned or released within ninety (90) days after such
event (unless a lesser time period is permitted for cure
hereunder) or prior to sale pursuant to such sequestration,
attachment, or execution. If the Owner is diligently
working to obtain a return or release of the property and
the City's interest hereunder is not imminently threatened
in the City's reasonable business judgment, then the City
shall not declare a default under this subsection.
6.1.5 The Owner shall have voluntarily
suspended its business or dissolved and a subsequent Owner
has not assumed the Owner's obligations in accordance with
this Plan.
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26
000121
6.2 Liens.
6.2.1 This Plan shall be senior in priority
to any lien or encumbrance on the Property (other than the
Development Agreement) and all liens and encumbrances shall
be subordinate and subject to this Plan.
6.2.2 Owner shall pay and promptly discharge
when due, at Owner's cost and expense, all liens,
encumbrances and charges upon the Project or the Property,
or any part thereof or interest therein (except the lien of
any mortgage, deed of trust or other recorded instrument
securing any construction or permanent financing for the
Project, which shall, in any event, be junior and
subordinate to this Plan), provided that the existence of
any mechanic's, laborer's, materialman's, supplier's, or
vendor's lien or right thereto shall not constitute a
violation of this Section if payment is not yet due under
the contract which is the foundation thereof and if such
contract does not postpone payment for more than forty -five
(45) days after the performance thereof. Owner shall have
the right to contest in good faith the validity of any such
lien, encumbrance or charge, provided that within ten days
after service of a stop notice or ninety days after
recording of a mechanic's lien, Owner shall deposit with
City a bond or other security reasonably satisfactory to
City in such amounts as City shall reasonably require, but
no more than the amount required to release the lien under
California law and provided further that Owner shall
thereafter diligently proceed to cause such lien,
encumbrance or charge to be removed and discharged Owner
shall thereafter diligently proceed to cause such lien,
encumbrance or charge to be removed and discharged, and
shall, in any event, cause such lien, encumbrance or charge
to be removed or discharged not later than sixty (60) days
prior to any foreclosure sale. If Owner shall fail either
to remove and discharge any such lien, encumbrance or
charge or to deposit security in accordance with the
preceding sentence, if applicable, then, in addition to any
other right or remedy of City, City may, but shall not be
obligated to, discharge the same, without inquiring into
the validity of such lien, encumbrance or charge nor into
the existence of any defense or offset thereto, either by
paying the amount claimed to be due, or by procuring the
discharge of such lien, encumbrance or charge by depositing
in a court a bond or the amount or otherwise giving
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000122
security for such claim, in such manner as is or may be
prescribed by law. Owner shall, immediately upon demand
therefor by City, pay to City an amount equal to all costs
and expenses incurred by City in connection with the
exercise by City of the foregoing right to discharge any
such lien, encumbrance or charge. To the extent not paid,
all costs and expenses paid by the City shall be a lien on
the Property pursuant to Civil Code Section 2881.
6.3 Costs of Enforcement. If any Event of
Default occurs, City may employ an attorney or attorneys to
protect its rights hereunder. Subject to California Civil
Code Section 1717, the non - prevailing party promises to pay
to the prevailing party, on demand, the fees and expenses
of such attorneys and all other costs of enforcing the
obligations secured hereby including without limitation,
recording fees, receiver's fees and expenses, and all other
expenses of whatever kind or nature, incurred by the
prevailing party in connection with the enforcement of this
Plan, whether or not such enforcement includes the filing
of a lawsuit.
6.4 Enforcement. City shall be entitled to
enforce performance of any obligation of Owner arising
under this Plan and to exercise all rights and powers under
this Plan or any law now or hereafter in force. No remedy
herein conferred upon or reserved to City is intended to be
exclusive of any other remedy herein or by law provided or
permitted, but each shall be cumulative and shall be in
addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute.
Every power or remedy given by this Plan to the City may be
exercised, concurrently or independently, from time to time
and as often as may be deemed expedient by the City, and
the City may pursue inconsistent remedies.
6.4.1 The City shall have the right to
mandamus or other suit, action or proceeding at law or in
equity to require the Owner to perform its obligations and
covenants under this Plan or to enjoin acts or things which
may be unlawful or in violation of the provisions hereof.
6.5 Right of Contest. The Owner shall have the
right to contest in good faith any claim, demand, levy, or
assessment the assertion of which would constitute an Event
of Default hereunder. Any such contest shall be prosecuted
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000123
diligently and in a manner unprejudicial to the City or the
rights of the City hereunder.
6.6 Action at Law; No Remedy Exclusive. The
City may take whatever action at law or in equity as may be
necessary or desirable to enforce performance and
observance of any obligation, agreement or covenant of the
Owner under this Plan. No remedy herein conferred upon or
reserved by the City is intended to be exclusive of any
other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to
every other remedy given under this Plan or now or
hereafter existing at law, in equity or by statute. No
delay or omission to exercise any right or power accruing
upon any default shall impair any such right or power or
shall be construed to be a waiver of such right or power,
but any such right or power may be exercised from time to
time and as often as City may deem expedient. In order to
entitle the City to exercise any remedy reserved to it in
this Plan, it shall not be necessary to give any notice,
other than such notice as may be herein expressly required
or required by law to be given.
ARTICLE 7. GENERAL PROVISIONS
The terms, conditions and provisions of this Article 7
shall apply to the entire Project for the Term of this
Plan.
7.1 Force Majeure. Whenever Owner is required
to perform an act under this Plan by a certain time, said
time shall be deemed extended (unless otherwise
specifically provided herein) so as to take into account
events of force majeure. As used herein "force majeure"
shall mean a delay in Owner's performance hereunder due to
acts of God, acts of terrorism, fire, earthquake, flood,
extreme weather conditions, explosions, war, invasion,
insurrection, riot, mob violence, sabotage, vandalism,
malicious mischief, inability to procure or general
shortage of labor, equipment, facilities, materials or
supplies in the open market, failure of transportation,
strikes, lockouts, actions of labor unions, third party
litigation, condemnation, requisition, governmental
restrictions including inability or delay in obtaining
government consents or permits, laws or orders of
governmental, civil, military or naval authorities, or any
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000124
other cause, whether similar or dissimilar to the
foregoing, not within Owner's control, other than lack of
or inability to procure monies to fulfill its commitments
or obligations under this Plan.
7.1.1 Title of Parts and Sections. Any
titles of the parts, sections or subsections of this Plan
are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any part of its
provision.
7.2 Hold Harmless. Except as such claims may
arise from gross negligence or willful misconduct by the
City, if any person or entity performing work for the Owner
on the Project or the Property shall assert any claim
against the City on account of any damage alleged to have
been caused by reason of acts of negligence of the Owner,
the Owner shall defend at its own expense any suit based
upon such claim; and if any judgment or claims against the
City shall be allowed, the Owner shall pay or satisfy such
judgment or claim and pay all costs and expenses in
connection therewith. Nothing herein stated shall be
interpreted as a prohibition against the Owner seeking
indemnification (either contractually or as a matter of
law) from any third person or entity.
In addition, the Owner shall defend and indemnify the
City (with counsel approved by the City) against any claims
or litigation of any nature whatsoever brought by third
parties and directly or indirectly arising from the Owner's
failure to perform its obligations under this Plan, and in
the event of settlement, compromise or judgment hold the
City free and harmless therefrom. The previous sentence
shall not apply to the extent such claims or litigation
challenge (a) the failure to perform obligations under this
Plan by the City and (b) actions of the City or
Redevelopment Agency in connection with this Plan.
7.3 Rights and Remedies Cumulative. Except as
otherwise expressly stated in this Plan, the rights and
remedies of the City are cumulative, and the exercise or
failure to exercise one or more of such rights or remedies
by the City shall not preclude the exercise by it, at the
same time or different times, of any right or remedy for
the same default or any other default by the Owner. No
waiver of any default or breach by the Owner hereunder
K: \cg \Moor \VCrest \PLAN6 30
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000125
shall be implied from any omission by the City to take
action on account of such default if such default persists
or is repeated, and no express waiver shall affect any
default other than the default specified in the waiver, and
such waiver shall be operative only for the time and to the
extent therein stated. Waivers of any covenant, term, or
condition contained herein shall not be construed as a
waiver of any subsequent breach of the same covenant, term
or condition. The consent or approval by the City to or of
any act by the Owner requiring further consent or approval
shall not be deemed to waive or render unnecessary the
consent or approval to or of any subsequent similar act.
The exercise of any right, power, or remedy shall in no
event constitute a cure or a waiver of any default under
this Plan, nor shall it invalidate any act done pursuant to
notice of default, or prejudice the City in the exercise of
any right, power, or remedy hereunder.
7.4 Burden and Benefit. City and the Owner hereby
declare their understanding and intent of the burden of the
covenants set forth herein touching and concerning the
Project and the Property, in that Owner's legal interest in
the Project and the Property is rendered less valuable
thereby. City and Owner hereby declare their understanding
and intent that the covenants, reservations, and
restrictions set forth herein directly benefit the land (a)
by enhancing and increasing the enjoyment and use of the
Project and the Property by Very Low and Low Income
Households, (b) by providing certainty to the Owner
regarding the development of the Property pursuant to the
Project Approvals, and (c) by furthering the public
purposes advanced by the Redevelopment Plan for the City of
Moorpark Redevelopment Project Area.
7.5 Severability. If any term, provision,
covenant or condition of this Plan is held in a final
disposition by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions
shall continue in full force and effect unless the rights
and obligations of the City and Owner have been materially
altered or abridged by such invalidation, voiding or
unenforceability.
7.6 Legal Actions. In the event any legal
action is commenced to interpret or to enforce the terms of
this Plan or to collect damages as a result of any breach
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000126
thereof, the party prevailing in any such action shall be
entitled to recover against the party not prevailing all
reasonable attorneys' fees and costs incurred in such
action (including all legal fees incurred in any appeal or
in any action to enforce any resulting judgment). Such
legal actions must be instituted in the Superior Court of
the County of Ventura, State of California, in any other
appropriate court of that county, or in the United States
District Court for the Central District of California.
7.7 City Approval. Any approvals required under
this Plan shall not be unreasonably withheld or delayed,
except where it is specifically provided that another
standard applies, in which case the specified standard
shall apply.
7.8 Notices. Except for any notice required
under applicable law to be given in another manner, all
notices required in this Plan shall be in writing and shall
not be effective for any purpose unless served (i)
personally, (ii) by independent, reputable, overnight
commercial courier, or (iii) by deposit in the United
States mail, postage and fees fully prepaid, registered or
certified mail, with return receipt requested, addressed as
follows:
To Owner: At the Property set forth on
the first page of this Plan
To City: The City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
7.9 Enforcement of Plan. This Plan, without
regard to technical classification or designation, shall be
binding for the benefit of the City, and such covenants
shall run in favor of the City for the entire period during
which such covenants shall be in force and effect, without
regard to whether the City is or remains an owner of any
land or interest therein to which such covenants relate.
The City, in the event of any breach of any such covenants,
shall have the right to exercise all the rights and
remedies, and to maintain any action at law or suits in
equity or other proper proceedings to enforce the curing of
such breach.
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000127
7.10 Binding on Successors and Assigns.
Notwithstanding any other provision of law, this Plan shall
run with the land and shall be enforceable against the
Owner and successors in interest by the City. The
requirements of this Plan shall remain in effect with
respect to the Property for the life of the Project, as
determined by the City.
7.11 Amendments. Only the City shall have the
right to consent and agree to changes in, or to eliminate
in whole or in part, this Plan or to subject the Property
to additional covenants, easements, or other restrictions,
without the consent of any tenant, lessee, easement holder,
licensee, trustee, beneficiary under a deed of trust or any
other person or entity having an interest less than a fee
in the Property.
7.12 No Third Party Beneficiaries. Except as
provided in this Section 7.12, this Plan, without regard to
technical classification or designation, shall not benefit
or be enforceable by any person, or firm, or corporation,
public or private, except the City and the Owner and their
respective successors and assigns. The Redevelopment Agency
of the City of Moorpark, acting pursuant to State law,
shall have the right, power and authority to enforce this
Plan in its own name and in the name of the City, and shall
be the beneficiary of all rights of the City in this Plan.
7.13 Attorneys' Fees. If any action or
proceeding is brought to enforce this Plan or any provision
of this Plan, the prevailing party shall be entitled to its
attorney's fees and costs of such action or proceeding.
7.14 Counterparts. This Plan may be executed in
any number of counterparts, each of which shall be
considered an original document.
7.15 Controlling Law; Venue. This Plan shall be
deemed to be entered into in California and shall be
controlled and interpreted by the internal laws of
California, without regard to conflict of law provisions,
except to the extent federal law applies. Venue for any
action brought under this Plan will be at City's option in
the Superior Court for the County of Ventura, California.
Owner hereby accepts for itself and in respect to its
property, generally and unconditionally, the non - exclusive
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000128
jurisdiction of the foregoing court. Owner irrevocably
consents to the service of process in any action or
proceeding by the mailing of copies thereof by registered
or certified mail, postage prepaid, to Owner at its address
for notices pursuant to this Plan. Nothing contained
herein shall affect the right of the City to serve process
in any other manner permitted by law.
THE CITY OF MOORPARK
By: _
Name:
Title:
APPROVED AS TO FORM:
KANE, BALLMER & BERKMAN
Special Counsel to the City
By:
Glenn F. Wasserman
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000129
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS VENTURA )
On before me, ,
personally appeared ,
personally known to me (or 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.
WITNESS my hand and official seal.
Signature
000130
EXHIBIT A
Legal Description
THE LAND REFERRED TO IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF VENTURA, AND IS DESCRIBED AS FOLLOWS:
A portion of Lot "L" of Tract "L" of the Rancho Simi, as
per Map recorded in Book 5, Page 5 of Maps and Parcel B of
Parcel Map No. 5316, in the City of Moorpark, County of
Ventura, State of California as shown on a Parcel Map
recorded in Book 60 Page 87 of Parcel Maps, in the office
of the County Recorder of said County, shown as Parcel 1 on
the Lot Line Adjustment No. 2002 -05 recorded October 24,
2002, as Instrument No. 2002 - 0259095 -00, Official Records,
in the Office of the County Recorder of said county.
EXCEPT a portion of Parcel 1 on the Lot Line Adjustment No.
2002 -05, in the City of Moorpark, County of Ventura, State
of California, described and shown in document recorded
October 24, 2002, as Document No. 2002 - 0259095 -00 of
Official Records, in the office of the County Recorder of
said County, described as follows:
Beginning at the Southwest corner of said Lot Line
Adjustment; thence the following numbered courses:
1St: North 66 000'24" West 547.50 feet along the Southerly
line of said Lot Line Adjustment, to the Southwest corner
of said Lot Line Adjustment;
2nd: North 0003'00" West 213.96 feet along the Westerly line
of said Lot Line Adjustment to the Northwesterly
prolongation of the first course recited as "South
66007'11" East 269.41 feet" of the parcel described in
Exhibit "A" in the deed recorded September 4, 2001, as
Document No. 2001 - 174965 of Official Records, in the office
of the County Recorder of said County;
3rd: South 68034'26" East
Northwesterly prolongation to
of said Lot Line Adjustment;
537.30 feet along said
a point in the Easterly line
4t'': South 00003'00" East 240.31 feet, along said Easterly
line to the point of beginning.
000131L
EXHIBIT B
CERTIFICATION OF TENANT ELIGIBILITY
NOTE TO APARTMENT OWNER: This form is designed to assist you in computing Annual
Income in accordance with the method set forth in the Department of Housing and Urban Development
( "HUD ") Regulations (24 CFR 813). You should make certain that this form is at all times up -to -date with
the HUD Regulations.
Re: [Address of Apartment Building]
I/We, the undersigned state that I /we have read and answered fully, frankly and personally each of
the following questions for all persons who are to occupy the Unit being applied for in the above apartment
project. Listed below are the names of all persons who intend to reside in the Unit:
1. 2.
Names of Relationship to
Members of Head of
Household Household
Head
Spouse.
Income Computation
3. 4.
Age Social Security
Number
5.
Place of
Employment
6. The total anticipated income, calculated in accordance with the provisions of this Section
6, of all persons over the age of 18 years listed above for the 12 -month period beginning the date that I /we
plan to move into a Unit is $
Included in the total anticipated income listed above are:
(a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and
other compensation for personal services, before payroll deductions;
(b) the net income from the operation of a business or profession or from the rental
of real or personal property (without deducting expenditures for business
expansion or amortization of capital indebtedness or any allowance for
depreciation of capital assets);
(c) interest and dividends (including income from assets excluded below);
(d) the full amount of periodic payments received from social security, annuities,
insurance policies, retirement funds, pensions, disability or death benefits and
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000132
other similar types of period receipts, including any lump sum payment for the
delayed start of a periodic payment;
(e) payments in lieu of earnings, such as unemployment and disability
compensation, workmen's compensation and severance pay;
(f) the maximum amount of public assistance available to the above persons other
than the amount of any assistance specifically designated for shelter and
utilities;
(g) periodic and determinable allowances, such as alimony and child support
payments and regular contributions and gifts received from persons not residing
in the dwelling;
(h) all regular pay, special pay and allowances of a member of the Armed Forces
(whether or not living in the dwelling) who is the head of the household or
spouse;and
(i) any earned income tax credit to the extent that it exceeds income tax liability.
Excluded from such anticipated income are:
(a) casual, sporadic or irregular gifts;
(b) amounts which are specifically for or in reimbursement of medical expenses;
(c) lump sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and workmen's
compensation), capital gains and settlement for personal or property losses;
(d) amounts of educational scholarship paid directly to the student of the
educational institution, and amounts paid by the government to a veteran for use
in meeting the costs of tuition, fees, book and equipment. Any amounts of such
scholarships, or payments to veterans not used for the above purposes, are to be
included in income;
(e) special pay to a household member who is away from home and exposed to
hostile fire;
(f) relocation payments under Title 11 of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970;
(g) foster child care payments;
(h) the value of coupon allotments for the purchase of food pursuant to the Food
Stamp Act of 1977;
(i) payments to volunteers under the Domestic Volunteer Service Act of 1973;
6) payments received under the Alaska Native Claims Settlement Act.
(k) income derived from certain submarginal land of the United States that is held in
trust for certain Indian tribes;
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000133
(1) payments or allowances made under the Department of Health and Human
Services' Low- Income Home Energy Assistance Program;
(m) payments received from the Job Training Partnership Act;
(n) income derived from the disposition of funds of the Grant River Band of Ottawa
Indians; and
(o) the first $2,000 of per capita shares received from judgment funds awarded by
the Indian Claims Commission or the Court of Claims.
Do the persons whose income or contributions are included in item 6 above:
(a) have savings, stocks, bonds, equity in real property or other form of capital
investment (excluding the values of necessary items of personal property such as
furniture and automobiles and interests in Indian trust land)? _ Yes _ No; or
(b) have they disposed of any assets (other than at a foreclosure or bankruptcy sale)
during the last two years at less than fair market value? Yes No
(c) If the answer to (a) or (b) above is yes, does the combined total value of all such
assets owned or disposed of by all such persons total more than $5,000?
Yes _No
(d) If the answer to (c) is yes, state:
(i) the amount of income expected to be derived from such assets in the 12-
month period beginning on the date of initial occupancy in the Unit that you
propose to rent: $ ; and
(ii) the amount of such income, if any, that was included in item 6 above:
8. (a) Are all of the individuals who propose to reside in the Unit full -time students *9.
Yes No
*A full -time student is an individual enrolled as a full -time student during each of five calendar
months during the calendar year in which occupancy of the Unit begins at an educational
organization which normally maintains a regular faculty and curriculum and normally has a
regularly enrolled body of students in attendance and is not an individual pursuing a full -time
course of institutional or farm training under the supervision of an accredited agent of such an
educational organization or of a state or political subdivision thereof.
(b) If the answer to 8(a) is yes, is at least one of the proposed occupants of the Unit
a husband and wife entitled to file a joint federal income tax return?
Yes No
9. Neither myself nor any other occupant of the Unit I /we propose to rent is the owner of the rental
housing project in which the Unit is located (hereinafter the "Owner "), has any family relationship to the
Owner or owns, directly or indirectly, any interest in the ownership. For purposes of this section, indirect
ownership by an individual shall mean ownership by a family member, ownership by a corporation,
partnership, estate or trust in proportion to the ownership or beneficial interest in such corporation,
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4 -29 -04
000134
partnership, estate or trust held by the individual or a family member, and ownership, direct or indirect, by
a partner of the individual.
10. This certificate is made with the knowledge that it will be relied upon by the Owner to determine
maximum income for eligibility to occupy the Unit; and I /we declare that all information set forth herein is
true, correct and complete and, based upon information I /we deem reliable and that the statement of total
anticipated income contained in Section 6 is reasonable and based upon such investigation as the
undersigned deemed necessary.
11. I /we will assist the Owner in obtaining any information or documents required to verify the
statements made herein, including either an income verification from my /our present employer(s) or copies
of federal tax returns for the immediately preceding calendar year.
12. I /we acknowledge that I /we have been advised that the making of any misrepresentation or
misstatement in this declaration will constitute a material breach of my /our agreement with the Owner to
lease the Units and will entitle the Owner to prevent or terminate my /our occupancy of the Unit by
institution of an action for eviction or other appropriate proceedings.
13. Housing Issuer Statistical Information (Optional - -will be used for reporting purposes only):
Marital Status:
Race (Head of Household)
White Asian Hispanic
African- American Native American Other
Physical Disability: Yes No
I /we declare under penalty of perjury that the foregoing is true and correct.
Executed this day of , 20_ in the County of Ventura, California.
Applicant
Applicant
[Signature of all persons over the age of 18 years listed in number 2 above required.]
FOR COMPLETION BY APARTMENT OWNER ONLY:
1. Calculation of eligible income:
(a) Enter amount entered for entire household in 6 above: $ ;
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000135
(b) (1) If answer to 7(c) above is yes, enter the total amount entered in 7(d)(i),
subtract from that figure the amount entered in 7(d)(ii) and enter the remaining balance
(2) Multiply the amount entered in 7(c) times the current passbook savings rate
to determine what the total annual earnings on the amount in 7(c) would be if invested in passbook
savings ($ ), subtract from that figure the amount entered in 7(d)(ii) and enter the
remaining balance ($ );
(3) Enter at right the greater of the amount calculated under (1) or (2) above:
$ ;
(c) TOTAL ELIGIBLE INCOME
(Line 1(a) plus line L(b)(3): $
2. The amount entered in 1(c):
Qualifies the applicant(s) as a Lower- Income Tenant(s).
Does not qualify the applicant(s) as Lower- Income Tenant(s).
3. Number of apartment Unit assigned:
Bedroom Size: Rent:$
4. This apartment Unit [was /was not] last occupied for a period of 31 consecutive days by
persons whose aggregate anticipated annual income, as certified in the above manner upon their initial
occupancy of the apartment Unit, qualified them as Low Income Tenants or Very Low Income Tenants.
5. Method used to verify applicant(s) income:
Employer income verification.
Copies of tax returns.
Other ( )
Manager
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000136
INCOME VERIFICATION
(for employed persons)
The undersigned employee has applied for a rental Unit located in a project that is subject to an
Affordable Housing Implementation and Rental Restriction Plan with the City of Moorpark. Every
income statement of a prospective tenant must be stringently verified. Please indicate below the
employee's current annual income from wages, overtime, bonuses, commissions or any other form of
compensation received on a regular basis.
Annual wages Overtime Bonuses
Commissions
Total current income
I hereby certify that the statements above are true and complete to the best of my knowledge.
Signature Date
Title
I hereby grant you permission to disclose my income to
that they may determine my income eligibility for rental of an apartment at the
Signature Date
Please send to:
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4 -29 -04
in order
Apartments.
000137
INCOME VERIFICATION
(for self - employed persons)
I hereby attach copies of my individual federal income tax returns for the immediately preceding
calendar year and certify that the information shown in such income tax returns is true and complete to the
best of my knowledge.
Signature Date
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000138
EXHIBIT C
CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
FOR THE [MONTH /QUARTER] ENDING
The undersigned, , as the authorized representative of Vintage
Crest Senior Apartments, L.P. (the "Owner "), has read and is thoroughly familiar with the provisions of the
Affordable Housing Implementation and Rental Restriction Plan by and between Owner and the City of the
City of Moorpark (the "City "), dated as of 12004.
As of the date of this Certificate, the following numbers of completed residential Units in the
Project (i) are occupied, or (ii) are currently vacant and being held available for such occupancy and have
been so held continuously since the date a Very Low Income Tenant or Low Income Tenant vacated such
Unit, as indicated:
Occupied by Very Low Income Tenants
Number of Units:
Occupied by Low Income Tenants
Number of Units:
Held vacant for occupancy continuously since last occupied by Very Low Income Tenants and Low
Income Tenants :
Vacant Units
Number:
Occupied Units
Number:
Very Low Income Tenants and Low Income Tenants who commenced occupancy of Units during the
preceding [month /quarter]:
Very Low Income:
Units Nos.
Low Income:
Units Nos.
Attached is a separate sheet (the "Occupancy Summary ") listing, among other items, the following
information for each apartment Unit in the Project: the number of each apartment Unit, the occupants of
each Unit, the rental paid for each Unit and the size and number of bedrooms of each Unit. It also indicates
which Units are occupied by Low Income Tenants and Very Low Income Tenants and which Units became
Low Income Units and Very Low Income Units during the preceding [month/quarter]. The information
contained thereon is true and accurate.
The undersigned hereby certifies that (1) a review of the activities of the Owner during such
[month /quarter] and of the Owner's performance under the Affordable Housing Implementation and Rental
Restriction Plan, and the Plan has been made under the supervision of the undersigned; and (2) to the best
of the knowledge of the undersigned, based on the review described in clause (1) hereof, the Owner is not
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in default under any of the terms and provisions of the above documents [or describe the nature of any
default in detail and set forth the measures being taken to remedy such default].
VINTAGE CREST SENIOR APARTMENTS
By
Name:
Title:
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EXHIBIT D
TYPE OF UNIT, NUMBER OF UNITS,
HOUSEHOLD SIZE ADJUSTMENT AND UTILITY ALLOWANCE
Very Low Income
Type
Number
Household Size
Utility
of Unit
of Units
Adjustment
Allowance
1 -br
34
2 persons
$57.00
2 -br
14
3 persons
$67.00
Total
48
Low Income
Type
Number
Household Size
Utility
of Unit
of Units
Adjustment
Allowance
1 -br
62
2 persons
$57.00
2 -br
80*
3 persons
$67.00
Total
142
The above Adjustment for Household Size is intended to provide a single rental rate applicable to
eligible tenants for each type of unit, and, therefore, is applied regardless of actual household size. The
Owner may not charge additional rent based on a larger actual household size.
Illustration: For example, the maximum rent for a Very Low Income Household renting a 2-
bedroom unit would be calculated as follows: the Ventura County median income for a household
of three x .50 x .30 divided by 12 less the utility allowance[ $67,200 x .50 x .30 divided by 12 less
$67equals $773].
Illustration: For example, the maximum rent for a Low Income Household renting a 2- bedroom
unit would be calculated as follows: the Ventura County median income for a household of three x
.60 x .30 divided by 12 less the utility allowance [ $67,200 x .60 x .30 divided by 12 less $67
equals $941].
The above utility allowance is current as of February 5, 2004. It shall be adjusted each January
1st, commencing on January 1, 2005, based on the annual change in the Consumer Price Index (CPI). The
CPI increase shall be determined, using the information provided by the U.S. Department of Labor, Bureau
of Labor Statistics, for all urban consumers, all items, within the Los Angeles/Riverside /Orange Co.
Metropolitan area during the prior year. The first such calculation shall be made using the month of
October 2004 over the month of October 2003 and so forth each January 1 in the Term. If there is a
decrease in the CPI, the utility allowance shall remain at the same amount until the next change in the CPI
results in an increase.
One of the Low Income two - bedroom units may be occupied by an employee of the Owner or its
management company.
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