HomeMy WebLinkAbout2008 CON CDC Casa Familiar - Covenants, Conditions, Tenant RestrictionsI- g
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Recording Requested By:
FIRST AMERICAN TITLE
National Commercial Services
NO CHARGE ON THIS DOCUMENT
PER CALIFORNIA GOVERNMENT
CODE SECTION 6103
Recording Requested By
And When Recorded Mail To:
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950-4397
1111111 I I IIII IIIII IIIII IIIII IIIII I III 1 III I III IIII IIIII III
AUG 28, 2008 4:27 PM
OFFICIAL RECORDS
SAP. DIEGO COUNTY RECORDER'S OFFICE
GREGOR`r'J. SMITH. COUNTY RECORDER
FEES 4E u[l
III
PAGES: 13
1111111 IIIII IIIII IIIII IIIII NIII 111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
tics-303n'-i
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
(TENANT RESTRICTIONS)
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
("Declaration") is made as of this 251h day of August, 2008, by Casa Familiar, Inc., a California
nonprofit public benefit corporation ("Declarant") in connection with that certain parcel of real
property ("Property") located in the City of National City ("City"), County of San Diego, California,
described in Exhibit "A" attached hereto and incorporated herein by reference.
RECITALS
A. The Property is generally located at 1111 D Street and 1101-1 1 19 E Street in National
City, California and is located within the boundaries of the National City Redevelopment Project
Area. Declarant has acquired title to the Property and will be rehabilitating the eighteen (18)
dwelling units located on the Property, with the aid of a loan (the '`CDC Loan") obtained from the
Community Development Commission of the City of National City's ("CDC") Low and Moderate
Income Housing Fund established pursuant to Section 33334.3 of the California Health and Safety
Code.
B. Concurrently with the recordation of this Declaration, the CDC is funding the CDC
Loan as described in the Bridge Loan Agreement of even date herewith ("CDC Loan Agreement").
The CDC Loan is to assist Declarant in the rehabilitation and operation of the Property and the
Affordable Units and is secured by a deed of trust (`'Trust Deed"). The CDC Loan was conditioned
in part upon the recordation of a document setting forth certain restrictions upon the use and sale of
the Property.
NOW, THEREFORE, Declarant hereby declares that the Property shall be subject to the
covenants, conditions and restrictions set forth below:
1. Restrictive Covenants. Declarant agrees and covenants on behalf of itself and its successors
and assigns, and each successor in interest to the Property, that at all times during the term of this
Declaration set forth herein seventeen (17) units at the Property shall be set aside and reserved as
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E:`Cl IEN'] S NAl'IONAL CITY'.1 I01 D STREET (('ASA FAMILIAR)IFINALDECLARATIONDOC
"Affordable Units." As used herein the term "Affordable Units" shall refer to those seventeen (17)
residential units at the Property which are owned or held available strictly in accordance with the
terms and conditions set forth below. One unit shall be set aside as a manager's unit and will not be
income or rent restricted.
(a) Affordable Unit Restrictions. The following restrictions shall apply to the seventeen
(I 7) Affordable Units. One (1) dwelling unit located at the property shall be set aside as a manager's
unit which dwelling unit shall not be rent or occupancy restricted. Notwithstanding the foregoing,
Declarant shall use its best efforts to ensure that the gross annual income of the manager residing in
such manager's unit does not exceed thc respective percentages set forth in Table 1. The restrictions
set forth in the Table below shall establish the maximum rental rate, from which a utility allowance
as approved by CDC Executive Director shall be deducted:
TABLE 1: RENT AND INCOME RESTRICTION CRITERIA
1
2
3
4
5
CNIT
D SCRIPI ION
NUMBER OF
AFFORDABLE
UNI IS
MAXIMUM 'o OF
AREA MEDIAN
INCOME. OF
FI IGIBI 11 TENANTS
MAXIMUM MONTHLY RENTS AS
PERCENTAGE OF AREA MEDIAN
INCOME ADJUSTED FOR FAMILY SIZE
APPROPRIATE FOR THE UNIT
YEARS OF RENT
RESTRICTION
lbr
3
50%ofAMI
1/12thof30%of50%ofAMI
55
2br
2
5011,/,ofAM1
1/121hof30%of50%ofAMI
55
lbr
7
60%ofAMI
1/12wof30%of60%ofAMI
55
2br
5
60%ofAMI
1/12111of30%of60%ofAMI
55
I01AI
AFFORDABLE
U\rrs
17
(b) "Eligible Tenants" are those tenants whose aggregate gross annual income does not
exceed the respective percentages set forth in Table 1, above of annual median income, as adjusted
for family size. For purposes of this Declaration, thc current annual median income shall be the
median income defined by thc State Department of Housing and Community Development ("HCD")
as thc then current median income for the San Diego Standard Metropolitan Statistical Area,
established periodically by HCD, as adjusted for family size. The rents and the occupancy
restrictions shall be deemed adjusted, from time to time, in accordance with any adjustments that are
authorized by HCD or any successor agency. In the event HCD ceases to publish an established
median income as aforesaid, CDC may, in its sole discretion, use any other reasonably comparable
method of computing adjustments in area median income. Notwithstanding anything contained
herein to the contrary, to the extent any other restrictions applicable to the Property limit the rent
and/or occupancy of the Property, the most restrictive shall apply.
(c) An adjustment of rents may be performed annually in accordance with the rents
contained in the applicable CDC or HCD rent schedules published by the CDC for the affected unit
type and updated from time to time. Further, thc rcnts charged shall be further limited as set forth in
Section 14, hereof.
2. Affordable Marketing Plan Compliance. Eligible Tenants shall be described in Declarant's
approved Affirmative Marketing Plan and Declarant shall comply with the terms of its approved
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Affirmative Marketing Plan, renting to those person(s) referenced in said approved plan, as may be
amended from time to time. Provided, however, nothing herein shall restrict Declarant from
screening tenants through the application of criteria which is lawful and customary in apartment
management in San Diego County and otherwise consistent with federal, state and local regulations
and restrictions related to the financing for the Property.
3. Determination; Annual Requalification. On the July 1 immediately following the calendar
year in which rehabilitation of the Affordable Units is completed, and annually on July 1 of each year
thereafter during the tern of this Declaration, Declarant shall certify to the CDC under penalty of
perjury, utilizing such forms and providing such backup documentation as the CDC may require, that
Declarant is complying with all provisions of this Declaration. Failure to complete the annual
certification process described in this Section 3 within 15 days of receipt of written notice from CDC
shall constitute a material default under this Declaration. The CDC may resort to the remedies set
forth herein upon such material default, as well as any and all other remedies available at law or in
equity or contained in the CDC Loan Agreement or Trust Deed.
4. Relationship with Declarant. The term "Eligible Tenant- shall not include Declarant or any
individuals who are partners or shareholders in Declarant or in any entity having an interest in
Declarant or in the Property, or officer, employee, agent or consultant of the owner, developer or
sponsor.
5. No Student Dependents. No Affordable Unit shall he occupied or leased to any person who
is a full-time student, or a household comprised exclusively of persons who are full-time students,
unless such persons are married and eligible to file a joint federal income tax return. The term "full-
time student" shall be defined as any person who will be or has been a full-time student during five
calendar months of the calendar year in question at an educational institution (other than a
correspondence school) with regular faculty and students and or a student dependent as defined in the
U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent)
resides in the same dwelling unit.
6. Income of Co -tenants, etc. The income of all co -tenants and/or non-dependent occupants
shall be taken into account in determining whether a household is an Eligible Tenant hereunder.
7. Over Income Tenants. In the event that a tenant who was properly certified as an Eligible
Tenant at the commencement of such tenant's occupancy ceases to be eligible, for any reason other
than being over income, Declarant shall give sixty (60) days written notice to such tenant to vacate
the Affordable Unit. The vacated Affordable Unit shall thereafter be rented to an Eligible Tenant. A
tenant who occupies an Affordable Unit, who becomes over income at the time of recertification
shall be given one hundred eighty (180) days notice to vacate the Affordable Unit, effective from and
after the date of such failure to requalify (i.e., the recertification date, provided the tenant was
properly certified originally). During the time the over -income tenant resides in the Affordable Unit,
the tenant shall continue to pay an amount that does not exceed the amount set forth in the Table in
Section 1(a). The tenant shall continue to be considered an '`Eligible Tenant" until evicted.
Notwithstanding the foregoing, when a tenant occupies a unit subject to a regulatory agreement with
respect to the 'Bond Loan," as such terns is defined in the CDC Loan Agreement, the over income
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LIEN' S NATIONAL CITY 1101 D STREET (CASA I'AMILIAR)`.FINAI:.DFCI ARATION.DOC
tenant shall be permitted to continue to reside in the Affordable Unit, provided the continued tenancy
complies with the requirements of such regulatory agreement and the tenant shall continue to be
considered an "Eligible Tenant' until evicted. In the event of conflict between the over income
regulations of this Declaration and Bond Loan regulatory agreement, the Bond Loan regulatory
agreement provisions shall apply.
8. Physical Condition of Affordable Units. After completion of the Affordable Units, Declarant
shall continually maintain the Affordable Units in a condition which satisfies the Housing Quality
Standards promulgated by HUD under its Section 8 Program, as such standards are interpreted and
enforced by CDC under its normal policies and procedures. CDC shall have the right to inspect the
Affordable Units from time to time, on reasonable notice and at reasonable times, in order to verify
compliance with the foregoing maintenance covenant. Further, each Affordable Unit shall be
requalified annually, as to the foregoing maintenance covenant, as part of the annual tenant
requalification process described in Section 4 above. Any deficiencies in the physical condition of
an Affordable Unit shall be corrected by Declarant at Declarant's expense within thirty (30) days of
the identification of such deficiency by CDC and delivery of written notice of the same to Declarant.
9. CDC Monitoring Functions. It is contemplated that, during the term of this Declaration,
CDC will perform the following monitoring functions: (a) preparing and making available to
Declarant any general information that CDC possesses regarding income limitations and restrictions
which are applicable to the Affordable Units; (b) reviewing the documentation submitted by
Declarant in connection with the annual certification process for Eligible Tenants described in
Section 3, above; and (c) inspecting the Affordable Units to verify that they are being maintained in
accordance with Section 8, above. Notwithstanding the foregoing description of CDC's functions,
Declarant shall have no claim or right of action against CDC based on any alleged failure to perform
such function, except that Declarant may reasonably rely upon CDC's tenant eligibility
determination.
10. Intentionally Left Blank.
11. Lease Provisions. Declarant agrees that it will include in all of its leases, and cause its
successors in interest to include in all of their leases, the following provision:
Lessee agrees, upon written request from the Landlord or the Community
Development Commission of the City of National City ("CDC"), to certify under
penalty of perjury the accuracy of all information provided in connection with the
examination or reexamination of annual income of the tenant's household. Further,
tenant agrees that the annual income and other eligibility requirements are substantial
and material obligations of the tenancy and that the tenant will comply promptly with
all requests for information with respect to the tenancy from the Landlord and/or
CDC. Further, tenant acknowledges that tenant's failure to provide accurate
information regarding such requirements (regardless of whether such inaccuracy is
intentional or unintentional) or the refusal to comply with the request for information
with respect thereto, shall be deemed a violation of this lease provision, and a
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I. ('LIFT IS NA 1 IONAL (I V 1101 I) S IRH I.1 (CASA FAMILIAR) FINALDLCI.AR.A I ION.IX)('
material breach of the tenancy and shall constitute cause for immediate termination of
the tenancy.
12. Non -Discrimination.
(a) Obligation to Refrain from Discrimination. Declarant covenants by and for itself and
any successors in interest that there shall be no discrimination against or segregation of, any person
or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease,
transfer. use, occupancy, tenure or enjoyment of the Property, nor shall Declarant or any person
claiming under or through it establish or permit any such practice or practices of discrimination or
segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d)
of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code, with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the Property or the rental, lease sale of the Property and
any dwelling unit thereon. The foregoing covenants shall run with the Property.
(b) Nondiscrimination Covenants. Declarant shall refrain from restricting the rental,
lease and sale of the Property and any dwelling unit thereon on the basis of race, color, creed,
religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of
income or disability of any person. All such deeds, leases or contracts shall contain or be subject to
substantially the following nondiscrimination or nonsegregation clauses:
(1) Deeds. In deeds "The grantee herein covenants by and for itself, its successors
and assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of race, color, religion, sex,
sexual orientation, disability, medical condition, familial status, source of income, marital status,
national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment
of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it,
establish or permit any such practice or practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees in the land herein conveyed. The foregoing covenants shall run with the land."
(2) Leases. In leases "The lessee herein covenants by and for itself, its successors
and assigns, and all persons claiming under or through them, and this lease is made and accepted
upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of
persons, on account of race, color, religion, sex, sexual orientation, disability,
medical condition, familial status, source of income, marital status, national origin or
ancestry in the leasing, subleasing, renting, transferring, use. occupancy, tenure or
enjoyment of the land herein leased, nor shall lessee itself, or any person claiming
under or through it, establish or permit such practice or practices of discrimination or
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E:`.CLIENTSW ATIONAL CITY '.I 101 D STREET (CASA FAMILIAR),INAC.DECLARATION_DOC
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees. sublessees. subtenants or vendees in the land herein leased."
(3) Contracts. In contracts "There shall be no discrimination against or
segregation of any person or group of persons on account of race, color, religion, sex, sexual
orientation, disability, medical condition, familial status, source of income, marital status, national
origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
land, nor shall the transferee itself or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees. subtenants, sublessees or vendees of the land."
13. Successors Bound. Declarant covenants, for itself and its successors and assigns, not to sell,
transfer, assign or otherwise dispose of ownership of the Property, without the express written
consent of the CDC. Any prospective purchaser, transferee or assignee shall expressly promise in
writing to be bound by all of the provisions hereof, including the covenant in this Section 13 to
require successors to expressly assume the obligations herein. It is expressly acknowledged that the
covenants and restrictions set forth herein shall survive any repayment of the CDC Loan. Further,
the obligations of Declarant hereunder shall be deemed independent of Declarant's obligations under
the CDC Loan.
14. Maximum Rent To Be Collected by Declarant. In no event, shall all of the rent paid by the
Eligible Tenant for any rent restricted unit exceed the amount of rent set forth in Table 1. Should
Declarant receive rent from a tenant in excess of the allowable maximum rent set forth in Table 1,
Declarant agrees to immediately notify CDC and reimburse CDC for any such overpayment.
Acceptance by Declarant or its successors in interest, of rent in excess of the maximum rent set forth
in Table 1 shall constitute a material breach of this Declaration and the CDC Loan Agreement.
15. Cross Default; Occupancy Schedule for Affordable Units. A default under the CDC Loan
Agreement, including without limitation failure to make the annual CDC Loan payments to CDC
referenced in the CDC Loan Agreement, shall be a material default under this Declaration. The
Affordable Units shall be rehabilitated and receive final inspection approval and shall be occupied by
Eligible Tenants no later than August 27, 2009. Time is of the essence in the rehabilitation and
occupancy of the Affordable Units
16. Term. This Declaration and the covenants and restrictions contained herein shall be effective
upon the completion of the rehabilitation of the Affordable Units and shall remain in full force and
effect for a period of fifty-five (55) years from their effective date.
17. Enforcement. Declarant expressly agrees and declares that CDC or any successor public
agency is a proper party and shall have standing to initiate and pursue any and all actions or
proceedings, at law or in equity to enforce the provisions hereof and/or to recover damages for any
default hereunder, notwithstanding the fact that such damages or the detriment arising from such
default may have actually been suffered by some other person or the public at large. Further, CDC or
any successor public agency shall be the proper party to waive, relinquish, release or modify the
rights, covenants, obligations or restrictions contained in or arising under this Declaration.
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hIF,N"I S`NA I IONAI (ITV.1 101 D STREET(CASA FAMII IAR..FINALIDLCLARATION.DOC
18. Attorneys' Fees. In the event that any litigation for the enforcement or interpretation of this
Declaration, whether an action at law or arbitration or any manner of non -judicial dispute resolution
to this Declaration by reason of the breach of any condition or covenant, representation or warranty
in this Declaration, or otherwise arising out of this Declaration, the prevailing party in such action
shall be entitled to recover from the other reasonable attorneys' fees to be fixed by the court which
shall render a judgment, as well as the costs of suit.
19. Severability. In the event that any provision or covenant of this Declaration is held by a court
of competent jurisdiction to be invalid or unenforceable, then it shall be severed from the remaining
portions of this Declaration which shall remain in full force and effect.
20. Covenants to Run With the Land. The covenants contained herein shall constitute
"covenants running with the land", and shall bind the Property and every person having an interest
therein during the term of this Declaration. Declarant agrees for itself and its successors that, in the
event that, for any reason whatsoever, a court of competent jurisdiction determines that the foregoing
covenants do not run with the land, such covenants shall be enforced as equitable servitudes against
the Property.
21. Recordation; Waiver and Amendment. This Declaration shall be recorded in the Office of
County Recorder of San Diego, California. No provision of this Declaration, or breach of any
provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed
to be a waiver of any other provision, or of any subsequent breach of the same or other provision.
Except as otherwise provided herein, this Declaration may be amended, modified or rescinded only
in writing signed by Declarant and the Executive Director of CDC.
22. Remedies.
(a) Contract Governed by Laws of State of California. This Declaration, its performance,
and all suits and special proceedings under this Declaration, shall be constituted in accordance with
the laws of the State of California and Federal law, to the extent applicable. In any action, special
proceeding, or other proceeding that may be brought arising out of, under or because of this
Declaration, the laws of the State of California and the United States, to the extent applicable, shall
govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the
action or special proceeding may be instituted.
(b) Standing, Equitable Remedies; Cumulative Remedies. Declarant expressly agrees
and declares that CDC or any successor or public agency shall be the proper party and shall have
standing to initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the
provisions hereof and/or to recover damages for any default hereunder, notwithstanding the fact that
such damages or the detriment arising from such a default may have actually been suffered by some
other person or by the public at large. Further, Declarant expressly agrees that receivership,
injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder,
and that, upon any default, and to assure compliance with this Declaration. Nothing in this
subparagraph, and no recovery to CDC, shall restrict or limit the rights or remedies of persons or
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E 1CI IEN"1 S.NAI IONA I_ CI 1 .1101 I) STREET (CASA FAM ILIAR)TINAL.DECLARATION.DOC
entities other than CDC, against Declarant in connection with the same or related acts by Declarant.
The remedies set forth in this Section are cumulative and not mutually exclusive, except the extent
that their award is specifically determined to be duplicative by final order of a court of competent
jurisdiction.
(c) Remedies at Law for Breach of Tenant Restrictions. In the event of any material
default under Sections 1 through 21 hereof regarding restrictions on the operation and the transfer of
the Property and the expiration of any applicable cure period provided under the CDC Loan
Agreement, CDC shall bc entitled to, in addition to any and all other remedies available at law or in
equity: (i) declare the CDC Loan to be all due and repayable; and (ii) recover compensatory
damages. If the default in question involves the collection of rents in excess of the rents permitted
hereunder, the amount of such compensatory damages shall be the product of multiplying: (a) the
number of months that the default in question has continued until the time of trial by (b) the result of
subtracting the rents properly chargeable hereunder for the Affordable Units in question from the
amount actually charged for those Affordable Units. Declarant and CDC agree that it would bc
extremely difficult or impracticable to asccrtain the precise amount of actual damages accruing to
CDC as a result of such a default and that the foregoing formula is a fair and reasonable method of
approximating such damages. CDC shall be entitled to seek and to recover damages in separate
actions for successive and separate breaches which may occur. Further, interest shall accrue on the
amount of such damages from the date of the breach in question at the rate of ten percent (10%) per
annum or the maximum rate than allowed by law, whichever is less. Nothing in this section shall
preclude the award of exemplary damages as allowed by law.
(d) Expert Witness, Attorneys' Fecs, and Costs. The parties agree that the prevailing
party in litigation for the breach and/or interpretation and/or enforcement of the terms of this
Declaration and/or the CDC Loan Agreement shall be entitled to their expert witness fees, if any, as
part of their costs of suit. and reasonable attorneys' fees as may be awarded by the court. pursuant to
California Code of Civil Procedure ("CCP") §1033.5 and any other applicable provisions of
California law, including, without limitation, the provisions of CCP §998.
23. Mortgagees Protection. No violation or breach of the covenants, conditions, restrictions,
provisions or limitations contained in this Declaration shall defeat or render invalid or in any way
impair the lien or charge of any permitted deed of trust recorded on the Property provided, however,
that any subsequent owner of the Property shall be bound by the covenants, conditions, restrictions,
limitations and provisions of this Declaration, whether such owner's title was acquired by
foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
24. CDC's Approval of Property Manager. At all times that this Declaration is in force and
effect, and CDC has served a thirty (30) day written notice of deficiencies in the property
management for the Property which do not conform to the standards of property management of a
professional property manager operating similar properties in San Diego County and which
deficiencies have not been rectified by Declarant, within the thirty (30) day period (unless such
deficiency is not reasonably capable of being cured within such thirty (30) day period, then such
reasonable amount of time as is needed not to exceed ninety (90) days, provided Declarant
commences cure within such thirty (30) day period and continues to diligently pursue cure), then,
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h:1C'I.I ENIS\NAI IONAI.CITV 1 101 DSTREET (CASA F.AMILIAR/1fINAL\DECLARATION. DO(
CDC shall have the right, in its reasonable discretion, and upon thirty (30) days written notice: (i) to
require the retention of a professional property management fine to manage the Property; (ii) to
approve, in advance and in writing, the retention of any such property management fine, including
the terms of the contract governing such retention; and (iii) to require Declarant to terminate any
such property management firm, provided that such termination shall comply with the termination
provisions of the management contract in question. Declarant shall cooperate with CDC to
effectuate CDC's rights.
25. No Conversion to Condominiums. Declarant agrees during the term ofthis Declaration, that
Declarant shall not, and shall not allow any other person to, cause all or any portion of the Property
to be converted to condominiums or to otherwise allow a condominium map or condominium plan to
be recorded or filed against all or any portion of the Property. Declarant further agrees that the
conversion of all or any portion of the Property to condominiums and/or the recordation or filing of a
condominium map or condominium plan against all or any portion of the Property during the term of
this Declaration, shall be a breach ofthis Declaration, the CDC Loan Agreement, the CDC Note, as
defined in the CDC Loan Agreement, and the Trust Deed, entitling the CDC to immediately exercise
any and all of its rights and remedies under this Declaration, the CDC Loan Agreement, the CDC
Note and the Trust Deed, including without limitation acceleration of the CDC Note and foreclosure
under the Trust Deed.
26. Noticing Requirements Prior to Termination. Prior to termination of this Declaration,
Declarant shall comply with any and all noticing requirements required undcr any applicable laws or
regulations, including without limitation, the requirements of California Government Code Sections
65863.10 and 65863.11.
27. No Further Encumbrance. Should Declarant agree to or actually sell, convey, transfer, further
encumber or dispose of the Property or any interest in it (or obtain any other funds with respect to the
Property or Declarant's activities at the Property, regardless of whether the source), without first
obtaining the written consent of the CDC, shall be a material brcach ofthis Declaration. The consent
to one transaction of this type will not constitute a waiver of the right to require consent to future or
successive transactions. This Declaration shall remain in effect for its fifty-five (55) year tern,
whether or not CDC approves or disapproves a successor -in -interest or further encumbrance.
28. Indemnity. Declarant shall be responsible for all injuries to persons and/or all damages to
real or personal property of CDC or others, caused by or resulting from the sale, rental, ownership or
operation of the Property, the negligence and/or breach of this Declaration, of itself, its employees,
subcontractors and/or its agents during or arising out of rehabilitation of the Affordable Units.
Declarant shall defend and hold harmless and indemnify CDC, the City of National City, and all of
their officers and employees from and against all claims, liens, claims of lien, losses, damages,
judgments, costs, and expenses, whether direct or indirect, arising in any way from (i) the sale, rental,
ownership or operation of the Property, including without limitation the Affordable Units; (ii)
Declarant's negligence; (iii) breach of this Declaration, by Declarant, its employees, subcontractors
and/or its agents; and/or (iv) arising out of the rehabilitation of the Affordable Units, except those
arising from the sole negligence or willful misconduct of CDC or the City of National City.
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L:vCLILNTS.NATIONAL CITY1161 D STRLLF (CASA I AMILIAR)1I:INALDLCLARATION.DOC
29. Signature Authority. All individuals signing this Declaration for a party which is a
corporation, limited liability company, partnership or other legal entity, or signing under a power of
attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the CDC
that they have the necessary capacity and authority to act for, sign and bind the respective entity or
principal on whose behalf they are signing.
Declarant:
Casa Familiar, Inc., a California nonprofit public benefit corporation
By
Andrea Skorepa, President alld CEO
CDC:
Community Development Commission of the City of National City
By: -
Print Name: �til
Its: akttAiTIvk nl+t._
AP ROVED AS TO FORM:
Z
O
terF. Spat -LIE_.. ,
Special Counsel to Cl-'�
10
k:1( IJENI SNA IONAI_('ITY'. 1 IUI I) SIAI{F I (( ASA IAMIIIA Ii p.IINAI.I)h(I AKA ION.I)OC
ACKNOWLEDGMENT
State of California•
)
a _)-
/1/"7t7 6A, / d-Ard P4J2/i(i personally appeared,
% rP proved to me o the basis of satisfactory evidence to be the
person f whose nanleM7i are subscribed to the within instrument and acknowledged tome that
County of San Diego
On g 25 , 2008, before me,
he they executed the same in his their authorized capacityji.e 1 and that by hi. their
signature on the instrument the person(; or the entity on behalf of which the person'acted,
executed the instrument.
I certify, under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatug
11
(Seal)
AMY BOYD
COMM. # 1805792 2
NOTARY PUBLIC - CALlFORNIA E
SAN DIEGO COUNTY
My Comm. Expires July 3, 2012
E:ICLIENTS`NATIONAL CITY) 101 D STREET (CASA [AMU IARj.FINALDECIARATION.DO(C
ACKNOWLEDGMENT
State of California
County of San Diego
On 7:25 1C , 2008, before me, V J"Cc'-r ) Neil ?GJ,(,',personally appeared,
i ra(—i lc)et proved to me on the basis of satisfactory evidence to be the
personO-whose name(,-) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/1lth.eirauthorized capacityyie,s}, and that by hisLi r-Ltheir_
signature(* ) -on the instrument the personks-)-, or the entity on behalf of which the person(s}acted,
executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (1 /1') 0 t c_
12
(Seal)
E; CLIE:NTS`NATION Al_ CIr'11101 D STREET (CASA FAMILIAR)`FI NALDECLARATION DOC
Exhibit "A"
Property Description
All that certain real property situated in the County of San Diego, State of California, described as
follows:
LOT 12 AND THE NORTH HALF OF LOT 13 OF JENNIE M. HOBSON SUBDIVISION, IN THE
CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ACCORDING TO MAP THEREOF NO. 1887, FILED IN THE COUNTY RECORDER'S OFFICE,
FEBRUARY 26, 1926. EXCEPTING THEREFROM THE EAST 10 FEET THEREOF.
APN: 556-560-12-00
THE SOUTHERLY 94.00 FEET OF THE NORTHERLY 374.00 FEET OF THE EASTERLY
155.00 FEET OF THE WESTERLY 170.00 FEET OF THE EAST HALF OF THE WEST HALF
OF 10-ACRE LOTS 13 AND 14 1N QUARTER SECTION 154 OF RANCHO DE LA NACION, IN
THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869.
APN: 556-560-37-00
13
E:,CLILNTS'.NATIONAL CITY .1101 D SfRLLi (CASA I AMILIAR1'dINAL'.DLCLARATION.DOC
1
Recording Requested By:
FIRST AMERICAN TITLE
National Commercial Services
NO CHARGE ON THIS DOCUMENT
PER CALIFORNIA GOVERNMENT
CODE SECTION 6103
Recording Requested By
And When Recorded Mail To:
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950-4397
376'3gc)
8463
DO # 2010-004486
IIIIIII III IIIII IIIII IIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III
JAN 28, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDERS OFFICE
DAVID L. BUTLER. COUNTY RECORDER
FEES 0.00
PAGES:
4
IIIIIIIIII1111101111111111111111I111111III111111IIIIIIIIIIIIIIIIIIIIIIIII
AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(TENANT RESTRICTIONS)
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS ("Amendment") dated as of the 9th day of November, 2009, by Casa Familiar,
Inc., a California nonprofit public benefit corporation ("Declarant"), and the Community
Development Commission of the City of National City ("CDC").
1. Declaration and Low -Mod Funds. Declarant made that certain Declaration, of Covenants,
Conditions and Restrictions dated August 25, 2008, and recorded in the Office of the Recorder of the
County of San Diego on August 28, 2008, as file number 2008-0463007 (the "Declaration").
Declarant is the owner of the real property described in the Declaration ("Property"). Declarant has
acquired title to the Property with the aid of a loan obtained from CDC's Low and Moderate Income
Housing Fund established pursuant to Section 33334.3 of the California Health and Safety Code.
2. 60% Units. The Declaration restricts the rent and occupancy of the seventeen (17)
Affordable Units, as defined in the Declaration, at the Property. Twelve (12) of the Affordable Units
are restricted to tenants earning at or below sixty percent (60%) of area median income (the "60%
Units"). As of the date of recordation of this Amendment, residents of five (5) of the 60% Units are
above sixty percent (60%) of area median income, but below eighty percent (80%) of area median
income. Affordable Units funded with Low and Moderate Income Housing Funds may be occupied
by persons at or below eighty percent (80%) of area median income.
3. Temporary Amendment of Declaration. The Declaration by its terms can be amended only
in writing signed by Declarant and the Executive Director of the CDC. Declarant has requested and
the CDC has agreed to allow only the existing tenants of the five (5) 60% Units with incomes above
sixty percent (60%) of area median income, but below eighty percent (80%) of area median income,
to remain in the 60% Units. Provided, that when each of the existing tenants of those five (5) 60%
Units moves out or otherwise become ineligible to occupy a 60% Unit, such 60% Unit shall
thereafter be rented to and occupied by persons meeting all of the requirements set forth in the
Declaration.
E,\CLIENTS\National City\I 101 D Street (Casa Familiar)\Permanent Loan (Low Mod)\Final\Declaration Amendment (Low Mod),doc
8464
4. No Affect on Rents. Nothing contained herein shall allow Declarant to collect rent, or any
other consideration, with respect to any of the Affordable Units, including without limitation the
60% Units, in an amount in excess of that allowed under the Declaration.
5. Remainder of Declaration Unaffected. Except to the extent modified by this Amendment,
Declarant hereby confirms each of the covenants, agreements and obligations of Declarant set forth
in the Declaration.
6. Conflicts. In the event of any conflict between the Declaration or any document executed in
conjunction therewith and this Amendment, this Amendment shall control.
7. Counterparts. This Amendment may be executed in any number of counterparts and, as so
executed, the counterparts shall constitute one and the same agreement. The parties agree that each
such counterpart is an original and shall be binding upon all the parties, even though all of the
parties are not signatories to the same counterpart.
8. Signature Authority. All individuals signing this Amendment for a party which is a
corporation, partnership, limited liability company or other legal entity, or signing under a power of
attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the CDC
that they have the necessary capacity and authority to act for, sign and bind the respective entity or
principal on whose behalf they are signing.
DECLARANT:
Casa Familiar, Inc., a California nonprofit public benefit corporation
By:
0
Andrea Skorepa, President a d CEO
CDC:
Community Development Commission of the City of National City
Print Name: .4 0 it i 1 o .J
Its: /ylAra.-
APPROVED AS TO FORM:
Walter F.
Special Counse
E:\CLIENTS1National City\1101 D Street (Casa Familiar)\Permanent Loan (Low Mod)\Final\Declaration Amendment (Low Mod).doc
ACKNOWLEDGMENT
State of California
County of San Diego
8465
On/ Wilk a . 2009, before me, 'j6AM G ,e. geEimitoi �ip/y 46/ cj personally appeared,
4lyf%F/r' —U./AC-PA wMe proved to me on the basis of satisfactory evidence to be the
person(s) whose nam4e)Oare subscribed to the within instrument and acknowledged to me that
h hey executed the same in hisheir authorized capacity(ies), and that by his er their
signature(e'jon the instrument the person(a), or the entity on behalf of which the person(ir) acted,
executed the instrument.
1 certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
MICHAEL R. FREEDMAN
Commission ! 1846675
Notary Public - California
San Diego County
Comm. Expires Apr 30, 2013
(Seal)
E:\CLIENTS\National City\1 101 D Street (Casa Familiar)\Permanent Loan (Low Mod)\Final\Declaration Amendment (Low Mod) doc
8466
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of , ieW AI D
}§
On �AJJUo.2%4 % 20 0 before me, (I/I4AP ig.5 A N1S;9GEK ' a notary
public, personally appeared
Rota 1,1vcz.2.t500
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence to be the personks)'whose namefej'is/are subscribed to
the within instrument and acknowledged to me that heJebel•key executed the same in his kerJthetT
authorized capacity, and that by hisklier4Ite.if signature,(.a)—on the instrument the personf 1 or the entity
upon behalf of which the person4acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing
paragraph is true and correct.
WITNESS my hand and official seal.
�-, -..# CHARLES A. NISSLEY JR. f
c: z COMM. #1756224 m
i &W Notary
MY -
# . _-_ MI I F..My 3, 2o11 _ 1
Place Notary Seal above
Signaof Not
******#****************#****************************************#**#****************************************
Description of Attached Document
Title or Type of Document
Document Date
OPTIONAL
Number of Pages
Signer(s) Other than named above
Capacity(ies) Claimed By Signer(s)
Signer's Name(s)
Individual Husband and Wife
Corporate Officer-Title(s)
Partner- Limited General
Auttorney-in-Fact
Trustee
Guardian or Consecrator
Other
Signer(s) is/are representing
Recording Requested By:
FIRST AMERICAN TITLE
National Commercial Services
NO CHARGE ON THIS DOCUMENT
PER CALIFORNIA GOVERNMENT
CODE SECTION 6103
Recording Requested By 8 A
And When Recorded Mail To:
City of National City
1243 National City Boulevard
National City, CA 91950-4397
84
DO # 010-004486
1 III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
JAN 28, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: O OG
PAGES: 5
I IIIII IIIII IIIII IIIII IIIII IIII IIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
AMENDMENT TO COVENANTS, CONDITIONS AND RESTRICTIONS
(HOME — PROJECT NO. 08-02)
THIS AMENDMENT TO COVENANTS, CONDITIONS AND RESTRICTIONS
(`Amendment") is dated as of this 9tl' day of November, by Casa Familiar, Inc., a California
nonprofit public benefit corporation ('Owner"), and the City of National City (`City").
RECITALS
City and Owner are parties to those certain Covenants, Conditions and Restrictions dated
July 25, 2008, and recorded in the Office of the Recorder of San Diego County on August 28, 2008,
as file number 2008-0463011 (the "Agreement"). Owner acquired and began rehabilitation of the
project on the "Site," as defined in the Agreement, with the aid of a loan in the amount of One
Hundred Eighty -Two Thousand Four Hundred Sixty -Six and No/100 Dollars ($182,466.00) obtained
from the City. The City has agreed to increase the loan to an amount up to One Million One
Hundred Ten Thousand Three Hundred Forty -Seven and No/100 Dollars ($1,110,347.00).
Therefore, Owner and the City desire to amend the Agreement as provided herein. In the event of
any conflict between the Agreement and this Amendment, this Amendment shall control.
NOW, THEREFORE, in furtherance of the recitals stated above and the mutual covenants set
forth below, Owner and the City hereby amend the Agreement, and agree, promise and declare as
follows:
1. Restatement of Recital A. Recital A of the Agreement is amended and restated in its entirety
to provide as follows:
A. The City and Owner are parties to that certain HOME Program Loan
Agreement (2008-02) entered into by Owner and City, and amended by that certain
Amendment to HOME Program Loan Agreement (2008-02), dated November 9,
2009 (collectively with any and all amendments thereto, the "Loan Agreement").
Under the Loan Agreement Owner shall borrower from the City and the City shall
lender to Owner the original principal amount of One Million One Hundred Ten
Thousand Three Hundred Forty -Seven and No/100 Dollars ($1,110,347.00) (the
E:\CLIENTS\National City\I 101 D Street (Casa Familiar)\City Loan Increase (HOME)\Final\Declaration Amendment (HOME).doc
8481
"Loan") for the purpose of providing financing for the housing development
described in the Loan Agreement (the "Project"). The Project will be developed on a
site legally described on Exhibit "A" to this Agreement (the "Site").
2. Restatement of First Paragraph of Section (1). The first paragraph of Section 1 of the
Agreement is hereby amended and restated in its entirety to provide as follows:
a. Limitations on Tenants. Notwithstanding anything to the contrary in this
Agreement, Owner hereby covenants on behalf of itself, and its successors and
assigns, which covenant shall run with the land and bind every successor and assign
in interest of Owner, that, throughout the fifty-five (55) year term of this Agreement,
("Term") commencing on the date of this Agreement, Owner and such successors
and assigns shall use the Site solely for the purpose of developing and operating the
Project as a residential rental development consisting of eighteen (18) dwel ling units,
which shall be operated in accordance with the terms of this Agreement. Of the
eighteen (18) total dwelling units in the project, eight (8) units (the "HOME Assisted
Units") shall be income -restricted and rented only at an "Affordable Housing Cost"
to low and very -low income households. Two (2) one -bedroom units and two (2)
two -bedroom units shall be for Very -Low Income Households (50% Area Median
Income) and two (2) one -bedroom units and two (2) two -bedroom units shall be for
Low Income Households (60% Area Median Income).
3. Except to the extent modified by this Amendment, Owner hereby confirms each of the
covenants, agreements and obligations of Owner set forth in the Agreement.
4. This Amendment may be executed in any number of counterparts and, as so executed, the
counterparts shall constitute one and the same agreement. The parties agree that each such
counterpart is an original and shall be binding upon all the parties, even though all of the parties are
not signatories to the same counterpart.
5. All individuals signing this Amendment for a party which is a corporation, partnership,
limited liability company or other legal entity, or signing under a power of attorney, or as a trustee,
guardian, conservator, or in any other legal capacity, covenant to the City that they have the
necessary capacity and authority to act for, sign and bind the respective entity or principal on whose
behalf they are signing.
OWNER:
Casa Familiar, Inc., a California nonprofit public benefit corporation
By Lam✓/ / �' et/
Andrea Skorepa, Preside and CEO
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
E:\CLIENTS\National City11101 D Street (Casa Familiar)\City Loan Increase (HOME)\Final\Declaration Amendment (HOME).doc
8482
CITY:
City of National City
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, City Attorney
E.\CLIENTS\National City11101 D Street (Casa Familiar)\City Loan Increase (HOME)1Fina11Declaration Amendment (TIOME).doc
ACKNOWLEDGMENT
State of California
County of San Diego
8483
On her /` , 2009, before, tpalige R Poke') �[� rsonally appeared,
�DQ&A J EAA- proved to me on the basis of satisfactory evidence to be the
person(ewhose name( ®.re subscribed to the within instrument and acknowledged to me that
he hey executed the same in hi (their authorized capacity(ies), and that by hie their
signature(R) on the instrument the person(4), or the entity on behalf of which the person acted,
executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
MICHAEL R. FREEDMAN
Commission # 1846675
Notary Public - California
San Diego County
Comm. Expires ADr 30.2013
(Seal)
E:\CLIENTS\National City 11 101 D Street (Casa Familiar)\City Loan increase (HOME)\Final\DecIaration Amendment (HOME). doc
8484
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Californa_ D) -_
County of 1-Go }
On -.TAW MIA (o
public, personally appeared
jj oM 0 V...akQiU
20 10 , before me, c 4Ai S 4. 16S&E ( qk a notary
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence to be the persowhose name s/ar-e-subscribed to
the within instrument and acknowledged to me that h&cho/thiey executed the same in hisflter/their
authorized capacity*‹ —and that by hisAter4.1144 signaturgkron the instrument the person or the entity
upon behalf of which the person,Fsracted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing
paragraph is true and correct.
WITNESS my hand and official seal.
CHARLES A. NISSLEY JR.
COMM. #1755224 m
Notary Public -Canaria
swoEooCOUNTY
Place Notary Scal above
Signature of No ary
OPTIONAL
Description of Attached Document
Title or Type of Document
Document Date
Number of Pages
Signer(s) Other than named above
Capacity(ies) Claimed By Signer(s)
Signer's Name(s)
Individual Husband and Wife
Corporate Officer-Title(s)
Partner- Limited General
Auttorney-in-Fact
Trustee
Guardian or Consecrator
Other
Signer(s) is/are representing
RESOLUTION NO. 2008 — 133
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS
BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY FOR CASA FAMILIAR, INC.
WITH RESPECT TO THE PROPOSED ACQUISITION AND
REHABILITATION OF MULTIFAMILY HOUSING PROJECTS
WHEREAS, the California Statewide Communities Development Authority (the
"Authority"), of which the City of National City (the "City') is a member pursuant to the
provisions of that certain Amended and Restated Joint Exercise of Powers Agreement Relating
to the California Statewide Communities Development Authority, dated June 1, 1988 (the
"Agreement"), is authorized by the laws of the State of California (the "Law") to cause the
execution and delivery of taxable and tax-exempt obligations for the purpose of financing
educational and other facilities owned and operated by nonprofit public benefit corporations
located within the area of operation of the Authority; and
WHEREAS, Casa Familiar, Inc. (the "Borrower"), a nonprofit public benefit
corporation formed exclusively for charitable purposes, including providing affordable housing,
has requested the Authority to cause the issuance of tax-exempt obligations (the "Obligations")
in the approximate amount of $1,250,000, the proceeds of which will be applied to finance (i)
the acquisition, rehabilitation and equipping of an eight unit multifamily housing development
located at 1111 D Avenue, National City, California 91950 (the "D Avenue Project") to be owned
and operated by the Borrower and (ii) the acquisition, rehabilitation and equipping of a ten unit
multifamily housing development located at 1101-19 E Avenue, National City, California 91950
(the "E Avenue Project" and the D Avenue Project, the "Projects") to be owned and operated by
the Borrower; and
WHEREAS, the amount of Bonds allocable to the D Avenue Project shall not
exceed $650,000, and the amount of Bonds allocable to the E Avenue Project shall not exceed
$600,000; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the "Code")
requires that the "applicable elected representative" with respect to the Projects hold a public
hearing on the issuance and delivery of the Obligations; and
WHEREAS, the City Council, as the "applicable elected representatives" to hold
said public hearing, has held said public hearing at which all those interested in speaking with
respect to the financing of the Projects were heard; and
WHEREAS, Section 6586.5 of the Califomia Government Code (the
"Government Code") requires that the City Council approve the financing upon a finding of
significant public benefit after a public hearing following publication of at least five days' written
notice in a newspaper of general circulation in the City; and
WHEREAS, the City Council has on the date hereof held a public hearing
following duly published notice thereof and all persons desiring to be heard have been heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, as follows:
Section 1. The City Council hereby finds and determines that the foregoing recitals are
true and correct.
Resolution No. 2008 — 133
July 1, 2008
Page 2
Section 2. The City Council hereby approves the issuance of the Obligations with
respect to the proposed Projects by the Authority.
Section 3. The issuance and delivery of the Obligations shall be subject to the approval
of and execution by the Authority of all financing documents relating thereto to which the
Authority is a party and subject to the sale of the Obligations by the Authority.
Section 4. The Corporation shall be responsible for the payment of all present and
future costs in connection with the issuance of the Obligations, including, but not limited to, any
fees and expenses incurred by the City in anticipation of the issuance of the Obligations. The
payment of the principal, prepayment premium, if any, and purchase price of and interest on the
Obligations shall be solely the responsibility of the Corporation. The Obligations shall not
constitute a debt or obligation of the City.
Section 5. This Council hereby determines that it is appropriate for the Authority to
cause the issuance of the Obligations to finance the acquisition, rehabilitation, construction, and
development of the Projects, and hereby approves the issuance of the Obligations. It is the
purpose and intent of the Council that this resolution constitute approval of the Obligations for
the purposes of Section 9 of the Agreement.
Section 6. This Council hereby finds that the financing of the Projects will result in
significant public benefits to the citizens of the City pursuant to Section 6586 of the Govemment
Code, including demonstrable savings in effective interest rate, bond preparation, bond
underwriting, or bond issuance costs.
Section 7. The adoption of this Resolution is solely for the purpose of meeting the
requirements of the Code and the Government Code, and shall not be construed in any other
manner, the City nor its staff having fully reviewed or considered the financial feasibility of the
financing of the Projects or the expected operation of the Projects with regards to any State of
California statutory requirements, and such adoption shall not obligate, without further formal
action to be taken by this Council, (i) the City to provide financing to the Corporation for the
financing of the acquisition, construction and development of the Projects or to cause the
delivery of the Obligations for the purpose of such financing; or (ii) the City, or any department
of the City, to approve any application or request for, or take any other action in connection with
the ownership or operation of the Projects.
Section 8. The City Clerk shall forward a certified copy of this Resolution and a copy of
the affidavit of publication of the public hearing notice to:
Stephen G. Melikian
Jones Hall, A Professional Law Corporation
650 California Street, 18th Floor
San Francisco, CA 94108
Section 9. This Resolution shall take effect from and after the date of its passage and
adoption.
--- Signature Page to Follow ---
Resolution No. 2008 — 133
July 1, 2008
Page 2
PASSED and ADOPTED this 1st day of July, 2008.
on Morrison, Mayor
ATTEST:
Mi hael R. Dalla
ity Clerk
APPROVED AS TO FORM:
George . Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 1, 2008 AGENDA ITEM NO. 16
ITEM TITLE
Pt1BL1C HEARING FOR THE ISSUANCE OF CALIFORNIA STATEWIDE COMMIJNII ES
DEVELOPMENT AUTIIORITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED
S 1,250,000 IN CONNECTION Wfl'H THE CASA FAMILIAR, INCORPORATED ACQUISITION
AND REHABILITATION PROJECT
PREPARED BY
Alfredo Ybarra (Ext. 4279)
DEPARTMENT
Community Development Department, Housing and
Grants Division
EXPLANATION
Pursuant to Section 147(d) of the Internal Revenue Code and Section 6586.5 of the Califomia Government Code, the
City Council is being asked to hold a public hearing to provide an opportunity for all interested persons to speak or to
submit written comments concerning the proposal to issue the debt and the nature or location of the project.
The California Statewide Communities Development Authority (CSCDA) proposes to issue multifamily housing
revenue bonds in the amount not to exceed $1,250,000 and to lend the proceeds to Casa Familiar, Inc., a California
nonprofit public benefit corporation. the proceeds of which will he applied to finance (i) the acquisition, rehabilitation
and equipping of an eight unit multifamily housing development located at 1111 1) Avenue, National City, California
91950 (the "D Avenue Project") to he owned and operated by Casa Familiar, Inc., a California nonprofit public benefit
corporation (the "Borrower") and (ii) the acquisition, rehabilitation and equipping of a ten unit multifamily housing
development located at 1101-19 F. Avenue, National City, California 91950 (the "F Street Project") to be owned and
operated by the Borrower.
Environmental Review N/A
Financial Statement
'there is no fiscal impact associated with this request.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
N/A
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
Background Report
A-200 (9/99)