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2019 CON (DEED) APV Ventures - 1821 E. 9th Street - Affordable Housing Density Bonus and Performance Deed of Trust
No Fees per Government Code 6103 ] RECORDING REQUESTED BY: ] National City Housing Authority DOC# 2019-0345258 11111111111111111111111111111111111111111111111111111111111 Aug 15, 2019 10:23 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 13 WHEN RECORDED MAIL TO: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (1821 East Ninth Street, National City) THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the I Q, day of .vl , 2019, by and between the City of National City ("City"), and APV Ventures, LLC,alifornia limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property generally located at 1821 E. Ninth Street, in the City of National City, County of San Diego, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than fourteen (14) housing units on the Property; and WHEREAS, Developer proposes to develop a total of seventeen (17) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of one (1) residential dwelling unit ("Affordable Unit") to a very low- income household in exchange for a density bonus ("Density Bonus") which will allow the construction of the seventeen (17)-unit Development on the Property. In addition to the Density Bonus, the Developer is entitled to receive incentives and concessions as set forth in Government Code Section 65915. The Developer has independently and of its own free will chosen not to receive any such incentives or concessions; and WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide the one (1) Affordable Unit, the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development. 1 NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows: 1. Waiver of Incentives. Developer acknowledges and agrees that, in addition to the Density Bonus, Developer is entitled to incentives and concessions pursuant to and in accordance with Government Code 65915. Despite such right, the Developer has independently and of its own free will chosen not to receive any such incentives or concessions. 2. Developer Covenants. Pursuant to and in consideration of the Density Bonus and the additional incentives and concessions, Developer hereby 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 Agreement one (1), one -bedroom residential dwelling unit on the Property shall be rented and occupied as an Affordable Unit as set forth in this Agreement. As used herein the term "Affordable Unit" shall refer to the one (1) residential dwelling unit on the Property which is held available strictly in accordance with the terms and conditions set forth in this Agreement. 3. Affordability Restrictions. (a) Area Median Income. As used herein, "Area Median Income" shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Housing and Community Development ("HCD") and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income. (b) Occupancy Restrictions. During the term of this Agreement, the Affordable Unit shall be occupied by a household whose income does not exceed the very low income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below fifty percent (50%) of the Area Median Income. (c) Rent Amount. During the term of this Agreement, the monthly rental rate for the Affordable Unit (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority) shall not exceed 1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income, as adjusted for assumed household size and utilities. The imputed household size for the Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for the one (1) one -bedroom unit shall be calculated using fifty percent (50%) of the Area Median Income for a two -person household. 4. Restrictions. The following restrictions shall also be applicable to the Affordable Unit: (a) No Relationship With Developer. The Affordable Unit shall not be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners 2 or shareholders of Developer or in any entity having an ownership in Developer or in the Property. (b) Full -Time Students. To the extent consistent with fair housing law, no Affordable Unit shall be occupied or leased to any household comprised exclusively of persons who are full- time students, unless such persons are eligible to file a joint federal income tax return and all such persons reside in the Affordable Unit. 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. (c) No Student Dependents. Notwithstanding the provisions of section 4(b), no Affordable Unit shall be occupied or leased to any 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 unit. (d) No Owners of Real Property. No Affordable Unit shall be occupied or leased to any person or any household comprised of one or more persons who own real property. (e) Liquid Asset Limitation. No Affordable Unit shall be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, eighty percent (80%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty. (f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement. (g) Eligible Tenants - Increased Income. If as a result of the annual recertification procedure described in Section 7 below any household which was previously determined to be eligible to occupy an Affordable Unit is determined to be ineligible as a result of increased income or assets, the City will provide written notification thereof, and Developer shall have one hundred eighty days (180) from the date of notification to take all reasonable steps to pursue eviction of the ineligible household. If Developer fails to act within the one hundred eighty day (180) period, the City shall require payment of a fee by Developer, provided that no fee shall be payable so long as Developer is diligently pursuing eviction of the ineligible household by appropriate proceedings. Under this fee requirement, the ineligible tenant residing in the Affordable Unit shall pay the full market rate rent, and Developer shall pay the difference between the affordable rent and the full market rate rent, as determined by the City, to the City. The period of fee payment shall in no event exceed a period of six (6) months, at which time 3 Developer's failure to provide such Affordable Unit to a household eligible hereunder shall constitute a material default under this Agreement. 5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City. 6. Deed of Trust. (a) Execution and Recordation. Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement ("Deed of Trust"). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement. (b) Foreclosure on the Property. In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days written notice from the City, shall: (i) execute, acknowledge and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) reimburse the City for all of its attorneys' fees and costs in connection with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any. 7. Verification of Eligibility. The Affordable Unit shall not be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement. Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Unit is being occupied by eligible tenants. Said certification shall be on forms acceptable to the City. 8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the unit(s) subject to this Agreement and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development's Uniform Physical Conditions Standards. The City shall have the right to inspect the Affordable Unit and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days' notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate 4 enforcement authorities. Any deficiencies in the physical condition of the Affordable Unit shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer. Failure to maintain the unit(s) and the Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement. 9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein. 10. Design, Construction and Occupancy Schedule for the Affordable Unit. The Affordable Unit shall receive final inspection approval no later than the date that the market -rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Unit. The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. 11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the National City Housing Authority, and any and all of their respective councilmembers, commissioners, members, officers, agents, servants and employees (the "Indemnitees") from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from this Agreement, including the construction, sale, rental or operation of the Development, the Property and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend or hold harmless any of the Indemnitees from claims, losses, damages, costs and expenses related to the gross negligence or willful misconduct of the Indemnitees. 12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement. 5 13. Damages; Enforcement; Remedies; Security. (a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, 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 event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. (b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following sixty (60) days written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued) regarding restrictions on rental of the Affordable Unit, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment: (1) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Unit (ii) the rents actually collected by Developer for the Affordable Unit for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for 6 successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for, the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than one hundred twenty (120) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating rental units equivalent to the Affordable Unit, (ii) procuring such units (through purchase, lease or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Unit, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Unit, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City's election to accelerate Developer's performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys' fees, costs of suit, title insurance charges, foreclosure costs and other out- of-pocket expenses reasonably incurred in recovering such liquidated amount. 14. Monitoring Fees. Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement. 7 15. General Provisions. (a) Waiver. No 'provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. (b) Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert and attorney's fees expended in connection with such an action from the other party. (c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens. City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement. (d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter. (e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement. (f) Counterparts. This Agreement 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. (g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to City: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 8 If to Developer: APV Ventures, LLC c/o Tommy Tong 14041 Montfort Court San Diego, CA 92128 (h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Project, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property. 16. Risk of Market Conditions. Developer shall bear sole responsibility for developing, constructing and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City. 17. Signature Authority. All individuals signing this Agreement 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 other party hereto that he or she has the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf he or she is signing. CITY OF NATIONAL CITY By: Brad Ra anager APPROVED AS TO FORM: Angil P Morris -Jones, City Attorney By: Roberto M. Contreras Deputy City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] 9 DEVELOPER: APV Ventures, LLC, a California limited liability company By: By: AZz,A Erika Wu, Managin ember Tomm :ng, anagi g Member 10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On (7 %8- , 2019, before me, 712W ite" /r 1 , notary public, psonally appeared TO kiply 70,04 anof ER 1 14.4 Wi4 who proved to me on the basis of satisfactory evidence to be he person((] whose name(f) ' ar subscribed to the within instrument and acknowledged to me that he><she✓they executed the same in .bis/•her/their authorized capacity(ies), and that by 11i ! r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (S JOUNG HEE KIM CoMM. # 2277258 ,n NOTARY PUBLIC • CALIFORNIA W SAN DIEGO COUNTY MY Comm. Exp. MAR_ 8.2023 t 11 EXHIBIT "A" Legal Description of the Property That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129 and being the center line of Eighth Street a distance of 663.70 feet to the true point of beginning; thence South 18 degrees 14 minutes East 423.38 feet to a point of a curve concave to the Northwest and having a radius of 85.00 feet and whose center bears North 78 degrees 03 minutes 30 seconds West from said point; thence Northerly along said curve through a central angle 15 degrees 22 minutes 30 seconds a distance of 22.81 feet to a point of reverse curvature with a curve having a radius of 19.45 feet; thence Northeasterly and Easterly along said curve a distance of 32.76 feet to a point of tangency; thence South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve concave to the North and having a radius of 299.64 feet; thence Easterly and Northeasterly along said curve a distance of 110.55 feet to a point of tangency; thence North 71 deg 34 minutes East a distance of 166.0 feet, more or less, to the Easterly line of land conveyed to James G. Fleming by deed recorded November 5, 1918, Book 764, Page 158 of deeds; thence North 18 degrees 22 minutes West along said Easterly line a distance of 439.01 feet to a point on the Northerly line of said quarter Section 129; thence South 71 degrees 38 minutes West along the Northerly line of said quarter Section 129, a distance of 384.0 feet, more or less, to the true point of beginning. Excepting therefrom a strip of land 30 feet wide, lying Easterly of the following described line: Commencing at a point which is North 71 deg 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 40 feet from the Northwesterly corner of quarter Section 129; thence. from said point of commencement South 18 degrees 14 minutes East, a distance of 283.97 feet. Also excepting therefrom a strip of land 20 feet in width, being 10 feet on either side of the center line, described as follows: Beginning at a point which is North 71 degrees 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 323.97 feet from the Northwest corner of quarter Section 129 and described herein; thence along the arc of a curve to the left, having a radius of 60 feet, a distance of 71.94 feet to the end thereof; thence tangent to said curve South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve to the left, having a radius of 289.64 feet; thence Easterly along said curve 108.69 feet to the end thereof; thence tangent to said curve North 71 deg 34 minutes East, a distance of 168.12 feet. Also excepting therefrom that portion thereof described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129; and being the centerline of Eighth Street, a distance of 693.70 feet; thence South 18 degrees 14 minutes East 315.00 feet to the true point of beginning; thence retracing North 18 degrees 14 minutes West 175.00 feet; thence North 71 degrees 38 minutes East 356.4 feet, more or less, to the Easterly line of that land conveyed to James G. Fleming by deed recorded November 4, 1918, in Book 764, Page 158 of deeds, records of said County; thence along said Easterly line of Flemings Land South 18 degrees 22 minutes East 279 feet, more or less, to the Northerly line of said strip of land 20 feet wide, described in deed to the City of National City recorded January 9, 1925 as File No. 1211 in Book 1065, Page 59 of deeds, records of said County; thence along said Northerly line of City of National City and South 71 degrees 34 minutes West 120.00 feet; North 18 degrees 22 minutes West to a line which is drawn through the true point of beginning parallel with the Northerly line of said quarter Section 129; thence along said parallel line South 71 degrees 38 minutes West 237 feet more or less to the true point of beginning. Also excepting therefrom that portion thereof lying within the Northwesterly 315 feet of said 80 acre Lot 1. APN: 557-200-13-00 )JJ3C't- No Fees per Government Code 6103 Recording Requested By: National City Community Development Commission When Recorded Mail To: National City Community Development Commission Attention: Executive Director 1243 National City Boulevard National City, CA 91950 DOC# 2019-0345259 11111111111111111111111111111111111111101111111101111111111111111111 Aug 15, 2019 10:23 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 10 PERFORMANCE DEED OF TRUST 1821 East Ninth Street, National City THIS DEED OF TRUST is dated as of the I P day of -� end , 2019, between APV Ventures, LLC, a California limited liability company ("Trustor"), whos dress is 14041 Montfort Court, San Diego, California 92128, Lawyers Title Company ("Trustee"), and the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as ("Property"): (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) The timely performance of the Affordable Housing Density Bonus Agreement of even date herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions, modifications or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and (2) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose on this Deed of Trust. 2. Payment of Liens and Taxes. To pay, when due, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. 3. Reimbursement of Costs. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust. 4. Use. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. 5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and made a part of this Deed of Trust. 6. Performance of Other Obligations. To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. THE PARTIES AGREE THAT: 7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. 2 8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." 9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default beyond any applicable cure period, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. 10. Default and Foreclosure. Upon default under the Agreement,subject to any applicable notice and cure rights contained in the Agreement, or in the performance of any obligation under this Deed of Trust beyond any applicable cure period, Beneficiary may declare all obligations secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. 3 11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of the real property described in this deed of trust, or any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the Beneficiary an express written assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. 12. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term `Beneficiary" shall mean the City of National City, and its successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. 14. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. 16. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed). Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. The prevailing party in any litigation, including but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to reasonable attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not considered recoverable "costs" under applicable statute) incurred in such litigation. 4 17. Request for Notices of Default and Sale. In accordance with Section 2924b ofthe California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: City of National City Attention: Executive Director 1243 National City Boulevard National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. 18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon 48 hours advance notice to Trustor. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. 19. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et leg.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery act (42 U.S.C. Section 6901, et se .), Section 25117 or Section 25316 ofthe California Health & Safety Code; and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. Section 2601 et seg.); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251 et sea.); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et seq.). Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party). 5 20. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors and agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor, except to the extent arising as a result of the negligence or willful misconduct of Beneficiary. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its 6 security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable by law. (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. 21. Authority to Sign. All individuals signing this Deed of Trust 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 Beneficiary 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. TRUSTOR: APV Ventures, LLC, a California limited liability company By: By: atik (if" Erika Wu, Managing Member 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On �IA 1 1 , 2019, before me, J C€1JE7 tt �— ?r l , notary public, peYsonally appeared Tow Y T 1t an ' IV 14 who proved to me on the basis of satisfactory evidence to be the personQ whose nameais subscribed to the within instrument and acknowledged to me that lard-she/they executed the same in hjser/their authorized capacity(ies), and that by l ker/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal., Signature JOUNG HEE KIM COMM.# 2277258 ,n NOTARY PUBLIC•CALIFORNIA Ul SAN DIEGO COUNTY MY COMM. EXP. MAR. 8, 2023 f 8 Exhibit "A" Legal Description That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129 and being the center line of Eighth Street a distance of 663.70 feet to the true point of beginning; thence South 18 degrees 14 minutes East 42338 feet to a point of a curve concave to the Northwest and having a radius of 85.00 feet and whose center bears North 78 degrees 03 minutes 30 seconds West from said point; thence Northerly along said curve through a central angle 15 degrees 22 minutes 30 seconds a distance of22.81 feet to a point of reverse curvature with a curve having a radius of 19.45 feet; thence Northeasterly and Easterly along said curve a distance of 32.76 feet to a point of tangency; thence South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve concave to the North and having a radius of 299.64 feet; thence Easterly and Northeasterly along said curve a distance of 110.55 feet to a point of tangency; thence North 71 deg 34 minutes East a distance of 166.0 feet, more or less, to the Easterly line of land conveyed to James G. Fleming by deed recorded November 5, 1918, Book 764, Page 158 of deeds; thence North 18 degrees 22 minutes West along said Easterly line a distance of 439.01 feet to a point on the Northerly line of said quarter Section 129; thence South 71 degrees 38 minutes West along the Northerly line of said quarter Section 129, a distance of 384.0 feet, more or less, to the true point of beginning. Excepting therefrom a strip of land 30 feet wide, lying Easterly of the following described line: Commencing at a point which is North 71 deg 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 40 feet from the Northwesterly corner of quarter Section 129; thence from said point of commencement South 18 degrees 14 minutes East, a distance of 283.97 feet. Also excepting therefrom a strip of land 20 feet in width, being 10 feet on either side of the center line, described as follows: Beginning at a point which is North 71 degrees 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 323.97 feet from the Northwest corner of quarter Section 129 and described herein; thence along the arc of a curve to the left, having a radius of 60 feet, a distance of 71.94 feet to the end thereof; thence tangent to said curve South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve to the left, having a radius of 289.64 feet; thence Easterly along said curve 108.69 feet to the end thereof; thence tangent to said curve North 71 deg 34 minutes East, a distance of 168.12 feet. Page- q of ID l Also excepting therefrom that portion thereof described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129; and being the centerline of Eighth Street, a distance of 693.70 feet; thence South 18 degrees 14 minutes East 315.00 feet to the true point of beginning; thence retracing North 18 degrees 14 minutes West 175.00 feet; thence North 71 degrees 38 minutes East 356.4 feet, mare or less, to the Easterly line of that land conveyed to James G. Fleming by deed recorded November 4, 1918, in Book 764, Page 158 of deeds, records of said County; thence along said Easterly line of Flemings Land South 18 degrees 22 minutes East 279 feet, more or less, to the Northerly line of said strip of land 20 feet wide, described in deed to the City of National City recorded January 9, 1925 as File No. 1211 in Book 1065, Page 59 of deeds, records of said County; thence along said Northerly line of City of National City and South 71 degrees 34 minutes West 120.00 feet; North 18 degrees 22 minutes West to a line which is drawn through the true point of beginning parallel with the Northerly line of said quarter Section 129; thence along said parallel line South 71 degrees 38 minutes West 237 feet more or less to the true point of beginning. Also excepting therefrom that portion thereof lying within the Northwesterly 315 feet of said 80 acre Lot 1. APN: 557-200-13-00 RESOLUTION NO. 2019 — 111 RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT WITH APV VENTURES, LLC, FOR THE DEVELOPMENT OF 17 UNITS LOCATED AT 1821 EAST 9TH STREET AND RESTRICTING THE RENT AND OCCUPANCY OF ONE (1) UNIT TO A VERY -LOW INCOME HOUSEHOLD IN EXCHANGE FOR A DENSITY BONUS AS MANDATED BY CALIFORNIA GOVERNMENT CODE SECTIONS 65915 — 65918 WHEREAS, APV Ventures, LLC ("Developer") is the owner of that certain real property generally located at 1821 E. Ninth Street ("Property"), in the City of National City, County of San Diego; and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than fourteen (14) housing units on the Property; and WHEREAS, Developer proposes to develop a total of seventeen (17) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of one (1) residential dwelling unit ("Affordable Unit") to a very low-income household in exchange for a density bonus ("Density Bonus") which will allow the construction of the seventeen (17)-unit Development on the Property; and WHEREAS, in addition to the Density Bonus, the Developer is entitled to receive incentives and concessions as set forth in Government Code Section 65915 and the Developer has independently and of its own free will chosen not to receive any such incentives or concessions; and WHEREAS, the Affordable Housing Density Bonus Agreement ('`Agreement") will serve to memorialize Developer's obligation to provide the one (1) Affordable Unit including the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of the Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development; and WHEREAS, a Performance Deed of Trust will also be recorded for the purpose of securing the timely performance of the Agreement and the performance of each agreement contained in the Performance Deed of Trust. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves the Affordable Housing Density Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E. 9th Street and restricting the rent and occupancy of one (1) unit to a very -low income household in exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918. After being recorded by the County of San Diego, a copy of said Agreement will be on file in the office of the City Clerk. Resolution No. 2019 — 111 Page Two BE IT FURTHER RESOLVED that City of National City will record a Performance Deed of Trust securing the timely performance of Affordable Housing Density Bonus Agreement. After being recorded by the County of San Diego, a copy of said Deed of Trust will be on file in the office of the City Clerk. PASSED and ADOPTED this 6th of August, 2019. Alejandra Sotelo-Solis, Mayor M Michael R. Dalla, City Clerk APPROVED AS TO FORM: Morns -Jones C. Attorney Passed and adopted by the Council of the City of National City, California, on August 6, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-111 of the City of National City, California, passed and adopted by the Council of said City on August 6, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT RAI ETING DATE: August 6, 2019 c20I'l-;-gi t,-011-Y AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E 9th Street and restricting the rent and occupancy of one (1) unit to a very -low income household in exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918. PREPARED BY: Greg Rose, Property Agent PHONE: 619-336-4266 DEPARTMENT: Housing Authority APPROVED BY: EXPLANATION: APV Ventures, LLC (APV) wants to develop their property located at 1821 E 9th Street. Current zoning allows for the construction of 14 units by right. APV will restrict the rent and occupancy of one (1) unit to a very low income household in exchange for a density bonus of 25% mandated by California Government Code Sections 65915 — 65918, which will allow the construction of an additional 3 units for a total of 17 units on the property. The Affordable Density Housing Bonus Agreement ("Agreement") will serve to memorialize APV's obligation to provide the one (1) affordable unit and the restriction of the affordable unit by the recordation of this agreement assuring affordability for a total of fifty-five (55) years. A Performance Deed of Trust will also be recorded to secure the Agreement on the property. See Background Report for information on the Density Bonus Law. INANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: The Density Bonus Agreement is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report and Site Plan 2. Affordable Housing Density Bonus Agreement 3. Performance Deed of Trust 4. Resolution k s o/ki-7 on No - ,20 j 9- lIl Attachment No. 1 BACKGROUND REPORT California's Density Bonus Law is a mechanism which allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 — 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 35% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects financial assistance is necessary to make the project feasible. In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that: • The Density Bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land use requirements and local political issues. • Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments. • Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities. • The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons and college students. Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following: • At least 5% of the housing units are restricted to very low income residents. • At least 10% of the housing units are restricted to lower income residents. • At least 10% of the housing units in a for -sale common interest development are restricted to moderate income residents. • At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level. • At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges. • The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing. Background Report Page 1 of 2 Attachment No. 1 • The project is a senior citizen housing development (no affordable units required). • The project is a mobile home park age -restricted to senior citizens (no affordable units required). Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2015, the income and rent restrictions must remain in place for a 55 year term for very low or lower income units. Rents must be restricted as follows: • For very low income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit. • For lower income units, rents may not exceed 30% x 60% of the area median income for a household size suitable for the unit. • Area median income is determined annually by regulation of the California Department of Housing and Community Development, based upon median income regulations adopted by the U.S. Department of Housing and Urban Development. • Rents must include a reasonable utility allowance. • Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units. The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements. Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194). The site plans for the apartment project at 1819 9th Street start on the following page. Background Report Page 2 of 2 819 9TH STREET APARTMENTS NATIONAL CITY , C A ZONING AND OPEN SP /HEMS:MIRED DESORPTION REP SP ET 9M SOFT PER LINT 17wn 5.100 PROVIDED AREA SOFT RwAACE (5 GIVE PAG`0OSS 12 COMMON OD ABOVE GRADE 9NCONFB 12 COMMON ;INITY MAP LOCATION NORTH RCHITECTURAL LEGEND M9191Mw S a ) I L -0 OF ICE \\ w 601510.6 Ohl UR. symbol Ram Hurray Ram, WINN PRIM LIN. GYP.] Wm Ryam9 Eldn YEN Mum/ SPe V W W 9®e9sb 9EDD QWrYbn 4_ 3. 1. 5 TERRY ST. FIRE DEPARTMENT NOTES FOIE ACCESS ROADS THAT EXCEED 150 FEET TO THE RUTTIEST END OF THE PROPERTY FROM A PUBLIC STREET SHALL BE PROVIDED WITH WIDTH AND TURNAROUND PROVISIONS FOE HYDRANTS TO BE LOCATED THROUGHOUT THE PROJECT AS NOT TO HAVE A SEPARATION DISTANCE GREATER THAN 300 FEET FIRE HYDRANTS TO BE LOCATED WITHIN 300 FEET OF ALL LOCATIONS WHICH ARE ROADWAY ACCESSIBLE. (MEASUREMENT STARTS FROM NEAREST EXISTING FIRE HYDRANT TO PROJECT). THE FIRE ALARM SYSTEM SHALL MEET THE REQUIREMENTS OF SECTIONS 907.2 AND 907.5 WHERE ACCESS TO OR WITHIN A STRUCTURE OR AN AREA IS RESTRICTED BECAUSE OF SECURED OPENINGS OR WHERE IMMEDIATE ACCESS IS NECESSARY FOR LIFE-SAVING OR FIRE -FIGHTING PURPOSES THE FIRE CODE OFFICIAL IS AUTHORIZED TO REQUIRE A KEY BOX TO BE INSTALLED IN AN APPROVED LOCATION THE KEY BOX SHALL BE OF AN APPROVED TYPE AND SHALL CONTAIN KEY(5) TO GAN NECESSARY ACCESS AS REQUIRED BY THE FORE CODE OFFICIAL CFC SECTION 503.8. NEW BUILDINGS SHALL HAVE APPROVED ADDRESS NUMBERS. BUILDING NUMBERS OR APPROVED BUILDING IDENTIFICATION PLACED IN A POSITION THAT IS PLAINLY LEGIBLE AND VISIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY. THESE NUMBERS SHALL BE A MINIMUM OF 1" HIGH WITH A MINIMUM STROKE WIDTH OF )5 PER CFC SECTION 505.1 PORTABLE FIRE EXTINGUISHERS SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH CFC 90e. TABLE 9063(1) AND CHAPTER 3, TITLE 19 OCR THE REQUIRED WIDTH IF EMERGENCY FOE APPARATUS ACCESS ROADS SHALL NOT BE OBSTRUCTED IN ANY MANNER INCLUDING PARING VEHICLES. ALL ACCESS ROADS SHALL BE NO LESS THAN 20' WIDE 14' HIGH AND SHALL HAVE AN ALL WEATHERED ROAD WITH THE ABILITY TO SUPPORT 75,000 POUNDS OR GREATER. WHERE A FEE HYDRANT IS LOCATED ON A FRE APPARATUS ROAD, THE MIN. ROAD WIDTH SHALL BE 28'. 8. BUILDINGS OR PORTIONS OF BUILDINGS EXCEEDING 30 FEET IN HEIGHT (TO OCCUPIED FLOORS) ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT VEHICLE ACCESS SHALL BE PROVIDED WITH APPROVED FINE APPARATUS ACCESS ROADS CAPABLE OF ACCOMMODATING FIRE DEPARTMENT AERIAL APPARATUS. OVERHEAD UTILITY UNES AND POWER LINES SHALL NOT BE LOCATED WITHIN AERIAL FINE APPARATUS ACCESS ROADWAY. WHEN SPRINKLERS ARE REQUIRED SUBMIT FIRE SPROMLER TENANT IMPROVEMENTS PLANS TO FIRE DEPARTMENT FOR APPROVAL PRIOR TO INSTALLATION. CFC SECTION 901.4. 11. THE FOLLOWING ITEMS PERTAIN TO FREE HYDRANTS. SITE AND LOCATION INCLUDING NUMBER OF OUTLETS AND WHETHER OUTLETS ARE TO BE EQUIPPED WITH INDEPENDENT GATE VALVES FIRE HYDRANT TO BE OF THREE -OUTLET DESIGN (SEE SEPARATELY APPROVED CIVIL PLANS) 12. FIRE HYDRANTS TO BE MARKED BY USE OF A BLUE REFLECTIVE MARKER IN THE ROADWAY. 13. REQUESTS FOR FIRE INSPECTIONS SHALL BE MADE 48 HOURS IN ADVANCE INSPECTIONS SHALL BE HIDE ONCE WORK IS COMPLETE, UTLQING APPROVED AND STAMPED PLANS. CONTRACTOR 5/MIL BE REQUIRED TO HAVE THE APPROVED PLANS ON SITE PER CODE 14. ENTRANCE/EXIT GATES SHALL BE EQUIPPED WITH KNOX BOX AND EMERGENCY STROBE SO AS TO PROVIDE EMERGENCY VEHICLE ACCESS AND EGRESS. A KNOX KEY SWITCH SHALL BE REQUIRED W CONJUNCTION WITH STROBE FOR EMERGENCY ACCESS AND SHALL BE PLACED AT FRONT OF PROPERTY. CONTACT NATIONAL CITY FIRE DEPT FOR EXACT LOCATION. 15. THE EMERGENCY RESPONDER SAFETY FEATURES OF SECTION 914 WILL BE INSTALLED WHERE REQUIRED.. DEFERRED SUBMITTALS AND REPORTS SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED TO THE PROJECT ARCHITECT FOR REVIEW THEN SUBMITTED TO THE BUILDING OFFICIAL FOR APPROVAL BY THE INDIVIDUAL SUBCONTRACTOR/CONSULTANT. DEFERRED SUBMITTAL DOCUMENTS IN ADOLTION TO THE SEAL OF THE RESPONSIBLE ENGINEER SHALL BEAR THE SHOP DRAWING APPROVAL STAMPS OF THE PROJECT ARCHITECT. ENGINEER OF RECORD, AND THE GENERAL CONTRACTOR ON ALL SHEETS OF PLANS AND COVER OF THE CALCULATIONS. SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED IN A TIMELY MANNER THAT ALLOWS A MINIMUM OF THIRTY WORKING DAYS FOR THE VITAL PLAN REVIEW TURN - AROUND. ALL COMMENTS RELATED TO THE DEFERRED SUBMITTAL MUST BE ADDRESSED TO THE SATISFACTION OF THE PLAN CHECK DIVISION PRIOR TO APPROVAL OF THE SUBMITTAL ITEMS WORK ON DEFERRED SUBMITTAL ITEMS SHALL NOT COMMENCE. BE FABRICATED OR INSTALLED UNTL THEN DESIGN AND SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDING OFFICIAL PROVIDE TWO COPIES OF DEFERRED SUBMITTAL DOCUMENTS FOR FINAL APPROVAL DEFERRED SUBMITTAL(S) SHALL BE PROVIDED FOR THE FOLLOWING BUILDING COMPONENTS/ELEMENTS: -FORE ALARM; -EWE SPRIMI.ER PROJECT DATA SCOPE OF WORK 17 UNIT, 3 STORY MULTI -FAMILY APARTMENT BUILDING AND ASSOCIATED ON AND OFF SITE IMPROVEMENTS. SITE ADDRESS: APN: LEGAL DESCRIPTION, ZONE: GEN. PLAN DESIGNATION: 1819 9TH STREET NATIONAL CITY,CA 557-200-13-00 SEE SHEET GNI RM-1 MEDIUM DENSITY RESIDENTIAL DENSITY PER ZONE. ONE DU PER 1,900 SF OF LOT AREA (25.700 SF). 14 UNITS DENSITY BONUS : CAL6GRMA LAW GOVERNMENT CODE TITLE 7. PLANNING AND LAND USE; DIVISION 1. PLANNING AND ZONING; CHAPTER 4.3. DENSITY BONUSES AND OTHER INCENTIVES; 85915( ALLOWS 3 ADDITIONAL UNITS (1 OF WHICH VA I BE A VERY LOW INCOME UNIT) NO PUBLIC FUNDS ARE INVOLVED AND NO STATE OR FEDERAL TAX CREDIT WILL BE USED. ZONING HEIGHT LIMIT: LOT COVERAGE: BUILDING SETBACKS: ADJACENT TO RS-2 LOT SIZE: MAX. LOT COVERAGE 75% EASEMENTS: ALLOWABLE: 45' AND 5 STORIES. PROPOSED 38' AND 3 STORIES. MAX= NONE FRONT YARD 15' STREET SIDE 0' SIDE YARD 5' REAR YARD 5' REAR YARD I 25,700 SF= 0.59 ACRES 19.275 SF REFERENCE CIVIL DRAWINGS FOR ALL EASEMENTS PARKING CALCULATIONS PARKING CALCULATION FOR 17 UNITS (1 UNITS) 1 BEDROOM DI HATS) 293 BEDROOMS X TOTAL PARKING SPACES RED 1.3 = TB 1A = 1S5 = 243 TOTAL GUEST PARKING (05 PER UHT) = 8.5 TOTAL PARKING SPACES REQUIRED = 32.8 TOTAL PARKING SPACES PROVIDED = 330 TUCKER UNDER GARAGE 18 SURFACE ASSIGNED SURFACE GUEST 80 COMPACT) ACCESSIBLE 1 ON STREET1 HC ACCESSIBLE PARKING SPACES FOR ASSIGNED (ON -SITE RESIDENT PARKING SPACES ARE ASSIGNED) PER SECTION 1109A1. RESIDENT PARKNG WHEN ASSIGNED PARKING SPACES ARE PROVIDED, 2% SHALL BE ACCESSIBLE (1 RED, 1 PROVIDED ASSIGNED, VAN SPACE) COMPACT PARKING PROVIDED (1:10) = 2 SPACES (1 PROVIDED) SIGNAGE SHALL. BE PROVIDED PER 1109A81 RESIDENTIAL GREEN BUILDING STANDARDS 1. RECYCLING- A MINIMUM OF 85%OF CONSTRUCTION WASTE IS TO BE RECYCLED PER CGC SECTION 14092 CONTRACTOR SHALL SUBMIT A CONSTRUCTION WASTE MANAGEMENT PUN PER CGC SECTION 4.4082 OPERATIONS AND MAINTENANCE MANUAL- THE BUILDER 6 TO PROVIDE AN OPERATION MANUAL FOR THE OWNER AT THE TIME OF FINAL INSPECTION CGC SECTION 4.410.1 3. POLLUTANT CONTROL- DURING CONSTRUCTION ENDS OF DUCT OPENINGS ARE TO BE SEALED, ARID MECH EQUIPMENT COVERED. CGC SECTION 4.504.1 VOC'S MUST COMPLY WITH THE LIMITATIONS LISTED IN CGC SECTION 4.504.3 AND TABLES 4.504.1. 4.504.2. 4.504.3 AND 4.504.5 FOR: ADHESIVES. PMNIS. AND COATINGS. CARPET AND COMPOSITION WOOD PRODUCTS. 4. INTERIOR MOISTURE CONTROL- CONCRETE SLABS WILL BE PROVIDED WITH A CAPILLARY BREAK. CGC SECTION 4.5052.1. THE MOISTURE CONTENT OF WOOD SHALL NOT EXCEED /9% BEFORE IT IS ENCLOSED IN CONSTRUCTION. THE MOISTURE CONTENT NEEDS TO BE CERTIFIED BY THE CONTRACTOR BY ONE OF 3 METHODS SPECIFIED LISTED IN CGC SECTION I.505.3_ BUILDING MATERIALS WITH VISIBLE SIGNS OF WATER DAMAGE SHOULD NOT BE USED IN CONSTRUCTION. 5. INDOOR AIR QUALITY- BATHROOM FANS SHALL BE ENERGY STAR RATED, VENTED DOECTLY TO THE OUTSIDE AND CONTROLLED BY A HUMDISTAT. CGC 4.506.1. B. PRIOR TO FINAL INSPECTION THE HCENSED CONTRACTOR MUST PROVIDE TO THE BUILDING DEPARTMENT OFFICIAL WRITTEN VERIFICATION THAT ALL APPLICABLE PROVISIONS FROM THE CGC HAVE BEEN IMPLEMENTED. CGC 102.3. SHEET INDEX ARCHITECTURAL TITLE COVER SHEET, PROJECT INFO, SRE PLAN + FORE PROTECTION PUN. A001 CHAPTER 11A ACCESSIBILITY O. CODE ANALYSIS Al 0 FIRST FLOOR +SECOND FLOOR A1.1 THOTD FLOOR + ROOF PLAN A20 BUILDING SECTIONS A3.0 EXTERIOR ELEVATIONS A1.0 ENLARGED UNIT PUNS A50 INTERIOR ELEVATIONS (KITCHENS + BATHROOMS) A7.0 DETAILS- WALL TYPES A7.1 DETAILS- HORIZONTAL ASSEMBLES A72 DETAILS - PENETRATIONS A7.3 DETALS- EXTERIOR A7.4 DETAILS - ROOF B ACCESSIBLE PARKING A7.5 DETAILS - DOOR / WINDOW A7.8 DETAILS - HLTI FRE-RATED PENETRATIONS CIVIL 1-0 COVER SHEET AND DATA 2-D DETAILED GRADING 8 UTILITIES PLAN 3-D CONSTRUCTION BMP PLAN LANDSCAPE ARCHITECTURE L1 LANDSCAPE PLAN L2 LANDSCAPE DETAILS L3 HYDROZONE PLAN STRUCTURAL SI.I GENERAL STRUCTURAL NOTES ST2 TYPICAL DETAILS 51.4 S2.1 52.2 52.3 S2.4 S3.1 S4.1 54.2 TABLES & SCHEDULES FOUNDATION PLAN SECOND FLOOR FRAMING PUN THIRD FLOOR FRAMING PLAN ROOF FRAMING PLAN FOUNDATION SECTIONS FRAMING SECTIONS FRAMING SECTIONS PLUMBING P1 GENERAL NOTES P2 PLUMBING STANDARD DETAILS P3 PLUMBING PRODUCT SPECS SHEET 1 OF 2 PI PLUMBING PRODUCT SPECS SHEET 2 OF 2 P5 PLUMBING CALCULATIONS DETAILS PB PLUMBING GAS CALCULATIONS P7 PLUMBING SITE PLAN PIA PLUMBING SITE PLAIN- ENLARGED P8A GAS ISOMETRIC VIEW PBB PLUMBING GAS SCHEMATIC P9 PLUMBING DRAINAGE SCHEMATIC P101 LEVEL 01 PLUMBING WATER SUPPLY PLAN P102 LEVEL 02 PLUMBING WATER SUPPLY PLAN P103 LEVEL 03 PLUMBING WATER SUPPLY PLAN PI04 ROOF PLUMBING WATER SUPPLY PLAN P201 LEVEL 01 PLUMBING DRAINAGE PLAN P202 LEVEL 02 PLUMBING DRAINAGE PLAN P203 LEVEL 03 PLUMBING DRAINAGE PLAN P204 ROOF PLUMBING DRAINAGE PLAN MECHANICAL M100 COVER PAGE, LEGEND 8 GENERAL NOTES M101 FOIST FLOOR PLAN M102 SECOND FLOOR PLAN MI03 THIRD FLOOR PLAN M104 ROOF PLAN M105 DETAILS MIN SCHEDULES ELEC KCAL E100 ELECTRICAL LEGEND AND GENERAL NOTES E101 LEVEL-1 LIGHTING PLAN E102 E201 E202 E301 E302 E401 E501 E502 E503 E504 E505 E508 E501 E508 LEVEL-1 POWER PLAN LEVEL-2 LIGHTING PLAN LEVEL-2 POWER PLAN LEVEL-3 LIGHTING PLAN LEVEL-3 POWER PLAN ELECTRICAL ROOF PUN PANEL SCHEDULES 1 OF 3 PANEL SCHEDULES 2 OF 3 PANEL SCHEDULES 3 OF 3 ELECTRICAL SINGLE LONE DIAGRAM ELECTRICAL SITE PLAN SHORT CIRCUIT CALCULATION ELECTRICAL ROOM ENLARGED PLAN GROUNDING DETAILS NOTES ON AND OFF SRE IMPROVEMENTS AND UTILITES PAVING SITE WALLS ARE PERMITTED UNDER A SEPARATE CIVIL IMPROVEMENT PUNS ALL PROPERTY LINES, EASEMENTS, RESTRICTIONS AND BUILDINGS ARE SHOWN ON THE CIVIL IMPROVEMENT PLANS UNDER SEPARATE PERMIT. 3. PER ACOUSTIC REPORT - ALL EXTERIOR WINDOWS S GLASS DOORS OF RESIDENTIAL UNITS SHOULD HAVE A MINIMUM RATING OF STC 25. 9 MECHANICAL VENTILATION SHOULD BE PROVIDED IN RESIDENTIAL UNITS. A PORTION OF THE PROJECT IS IN A NOISE CRITICAL AREA (CNEL CONTOURS OF 80 dB) AS SHOWN ON THE CITY'S GENERAL PLAN ONNER ARCHITECT STRUCTURAL ENCMEER UNDSCAPE ARCHITECT CIVIL ENGINEER MECHmWMBWO/EIECT SOILS ENGINEER UTILITY CONSULTANT GENERAL CONTRACTOR PROJECT DIRECTORY IPV VENTURES LLC Tens- M1nm.W13RPnLlmn 041 Mentlert Ht'IM7L Minn Dem, CA 921n P ANCIETECTS En. LLC 0_rn BM�F 9a}nivHVnw.aw,Acan MITE 99 So+Dw0. CA 92112 P (619) 572ro159 466 .110 6 RRo AVE. SUITE B. CHULA VISTA. CM 91910 OCOTILLO DESIGN GROUP INC LARK LECNE a SAN ELW ROAD SAN MARCOS, CA WM P 0520 829-9254 VICTOR RODRIGUEZ 4901 M O, RENABLVD SUITE 409 SAN DECCA 9211, P(11 STREET SUITE 300 SAN DEGO CA 92101 (9 p) NT GEGwN INC (9)r RS DR SAN DIEGO, CA 92121 THE ENGINEEMNO PARTNERS. INC. 11555 MAPLES STREET. SUITE 100 SAN DI GO. CA 92121 210 SOUTH JUNIPER STREET. SURE 100 Uw)T39�.11A xms ARCHITECT STATEMENT WHERE CONTRACT DOCUMENTS (DRAWINGS AND SPECIFICATIONS) ARE INCOMPLETE. AMBIGUOUS OR WHIM CONFLICTING INSTRUCTIONS. DO NOT PROCEED UNTIL RECEIVING WRITTEN CLARIFICATION FROM THE ARCHITECT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL BALDING SYSTEMS, NEW AND EXISTING TO REMAIN ALL STRUCTURAL ELECTRICAL, MECHANICAL, PLUMBING ETC, SHALL BE IN GOOD WORKING ORDER WHEN TURNED OVER TT THE OWNER DEFERRED SUBMITTAL DOCUMENTS FOR DEFERRED APPROVAL RENS SHALL BE SUBMITTED TO THE ARCHITECT OF RECORD FOR REVIEW THEN SUBMITTED TO THE BUILDING OFFICIAL FOR APPROVAL BY THE CONSULTANT/ SUBCONTRACTOR PERFORMING THE WORK DEFERRED SUBMITTAL DOCUMENTS IN ADDITION TO THE SEAL OF THE ENGINEER ON RECORD (WHEN REQUIRED), SHALL BEAR THE SHOP DIAYANG APPROVAL STAMPS OF TH ARCHITECT AND ENGINEER OF RECORD, AND THE GENERAL CONTRACTOR ON ALL SHEETS OF PLANS AND COVER OF TH CALCULATIONS SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED IN A TIMELY MANNER TO ALLOW FOR ADEQUATE REVIEW TIMES. ALL COMMENTS RELATED TO THE DEFERRED SUBMITTAL MUST E ADDRESSED TO THE SATISFACTION OF THE PLAN CHECK DIVISION PRIOR TO APPROVAL OF THE SUBMITTAL ITEMS 9TH STREET APARTMENTS NATIONAL CITY. SAN DIEGO. CA ARCHITECT: BENJAMIN BAKER 4300 NEYRONN AVE SAN DEGO, CA 92113 NTH CITY SUBMITTAL 07/11/ DRAWN BY: BMNMB DRAWING TITLE 9 to Z 06ed ueld el!S 1 'ON lUOW1PellW O n n Pt 'a/1'v/ IT LP TIP1. NC PM nr N rn MY/ I IN ,x, M eS M H / $ O O ® UNIT TYPE y:== m •� © 3�tq UNIT TYPE 1 "© C, UNIT TYPE =_ == "© UNIT TYPE ■ o '� C: O © MITTS! . S 1: © O WIMPS ! E I REVERSED 1,373 SF111 ' _= �_� I C I 6M SF : .®.— � ! A I REVERSED C � I A I 1,O3R BF —.q. : I D I --© 1.MBBP ifi, - i I E! 1232 SF © iY�1 �I 1 SF .BMMOM ,N, ; F•111=11 w MI 1 N. AQ \ e j�� 1 ■ � m f�l � fie ' IVI • _ I —. 1 of l I I,�I� IIU1.71�11�.C= �l el�r,-.� r ,IS o • E•l•J mDo b 0 0 O © 0 0 O O O I !' O !O w _O ! \ rr r-IP i.HI/M, aa• w I i r-r H /xT IMT HI om/ / M. / / K , M . M K NW w '1F AFz 4K/ wL-( vB• H / / "/ / S. ATJ4 I / 4 / /1 / 1FPP NV sr. UNIT TYPE CBI ADA ADrau SYMBOLS LEGEND WINDOW & DOOR 2 SECOND LEVEL 1 GROUND LEVEL wNo/wa.00R TON RE. ATn NN RAT®wwLPER vn.OHnO. • .FwRARElao SOFa AREA • wAIL TIPS -RE TwoP WOI R FIRE TOMO.NER AND CABINET 0 T S 7071708 1 HR FRE RATED WALL SEPARATING UNMS, STAIRS, ® xmo FIXED WINDOW emo mom ouss DOOR • DOWNSPOUT INL FEEMTED WALL PER C4C TABLE em O >.DBO F..11 DOOR r CLEAR ACCESSIBLE MOO'BRB,,0Reer ENTRY DOOR yPLANSEE L_J SPACE OE N FIRE RATED. WCCO FRAMED ROOF aRCAETS O TED 000E FRAME �AN T. as TOT OPARAPET aavATNN 0° PATIO COMPBELE-CLOINNT OATS IL ..re T. ONST TOP OFDEOLRAYATOA FFMAN GENERAL NOTES I INTERN* EXIT STAIRS .NL BE NOOSED BY I HR RATED ENCLOSURES PER CTN. SEC 102. NO SHALL BE CONSINJOTED F. BARR.B CRC 707 X FIRE BARRIERS SHALL EAT... TOP OF FOUNOADON OR FURCLO .SEANLY TO T. WOMB. OF THE FLOOR CR ROOF SWAIN. STEEL ELECT BONST 115. N AREA TOTAL .EA N ANY IONE OF WALL .EA WO BE ILO SO IN ANKJINISPACE BETWEEN BOX • WATT MFAERNE SWILL BE NO GREATER THAN VW BOWS . OPPOSITE SCE OF WALL N. BE A MIN OF PI NICATI PINES BENEFH IN. SWILL CONSTRUCTED 1ASP. PART Ncsxl>ma�s ER 8 WALLS BETWEEN UNITS AND OTHER CONDOMS USES SHALL BE CONSTRUCTED AS F. PAMRTIONS PER INE PROVISIONS OF NOKSFEARATED OCCUPANCIES SECTION. AND 706 NNETITATIONS OF FRE RESIST. WALLS, FLOOR -CEILINGS SHALL BE FrOC,RT. CEILING, CAVED ST.STRNMERS AND MID HEIGHT OF WALLS OVER ID. N. PER SECTOR 718 RED AT ROO MOTES TIE OF TIE WALL RIOR LOTER NF ��LT:NRE FACE OFFS ALLEY OON nLI WAYOORT'Y:IrTO AN NAWNARY IRE BETYNEN TWO NA ILDINOS ON THE CRC 11 APPROVAL BY THE FRE DEPARTMENT IS REQUIRED FOR TRE FIRE 12 PORTABLE F1.1.11NOULNIEFO SNAIL BE INSTALLED IN ON BUIUING NICHENBASE CABINET WALL A. TIN STRUCTATE, N LEAVE ANN.. SP. AR011. 14 NE TIN DR., WASTE AND VENT PIPNO SMALL BE ISOLATED FROM DRY PENETRATIONS W. NCR NARCENNO NIE IRDLATEWPWDFEDCO= NTSA TNEc T ARRANT T IS ALL PENETRATI.S OF NONE RATED ASSEMBLES BY DUCTS, ELECTRICAL DEVNES APET HANGERS ETC SF. SPACE FILLED BIN. NwOENNO CAU HAVE N.vLNL 17 PROVOS LOTED PUTTY PADS FOR FIRE NO ACOUSTIC RAT. AT ALL OUTIET BOXES 18 WALL LINEN.NS ARE FROM E.ROR FA. OF STUDS, TYRNA.L PROJECT. ONEN wa MLE FROM FACE OF EAVE, OR FACE OF PRE IS ROOFS AENC T RUC EDAS NON -VENTED ENCLOSED RAFTERS PER 10 :PE A8,10,15.5114 PENETRATORS ITANU. FLOORS PER DETAILS ON IN ACCORDANCE W.... Lw A NEE A) FUND EXCEPTIONS) OPERABLE POE. OF DOOR ASSENNLES SLICED OR OPERABLE PANELS ADJACENT TO A DOOR WIE:RE THEWHERE TIN BOTTOM .PENED EDGE OF TTE OLADNG ZESS THAN W NOPE DECKS TO ORAN MIN IT PER FOOT. UNLENS NOTED OTTERW. BY DE. COAT NG MANUFACTURER ADAPTABLE UNITS PER 1INAT. LnOU OEaawDAcaw/Alta *PALL IN 1819 9TH STREET APARTMENTS NATIONAL CITY, SAN DIEGO. CA ARCHITECT: BENJAMIN RAKER 1300 NEWTON AVE SAN DIEGO. CA 92113 4.1 CITY SUBMITTAL 07/II/1 DRAWN BY: BMNMB DRAWING FIRST * SECOND FLOOR PLANS A1.0 5 40 £ a6ed ueld e;I •oN luawyoeUV WON WN OOP 5 P 1sun Issas. L LPN. 00,7.0 Ice N.IgV . �RR. [TA.N 017.107. `IS aJ WN WORT IWO k I • :oi.m® • LIREINIZIE aiw.AimlmwY 1WN 1 - n1.1uR• ROOF Rom. I T r~� r.PN r WN RNE IdN • 0I� .Rn m A•:1m. 1.44 101 all LWm `lacer I . O saur VS 31. - , 4K 011 RV 0 ©R Rat M•� N ROOF LEVEL VI 0 0 UNIT TYPE O REVERSED i OPPOSITE OA 1,2328F 0 0 • ' Be _m_ == �� FON UNITTYP' O I C OPPOSITE 607 SF -o • 0 UNIT TYPE REVERSED S OPPOSITE 1,0308E 004.4 0 UNIT TYPE A OPPOSITE 1,0308E 0 0- o - .�I o c� Irr�UNR ME® II�!I D I . OPPOSITE '_� 1,EW SF r - v sC =: I� o ® j I ® UNIT TYPE I E OPPOSITE 1,13] 9F 0 I Q ��11.•_ j / 11.11. _ elsI1 II I Y • i1!: am (e I. 1 I • I' • IMM ��r-.11•ICe] 'lim �:1 Caul r \,fJms-mit VI �(e] ir•,l [lSll J B■L. Cell e •ii Ca]� E� Clio T y — TE :_ M. M. i 1 loi.0 0 © ....a© : o :�. o .• o : A o . ; 0 0 11, BIOS 1u SYMBOLS WNmWDOOR TYPE RE AT.E • WALLTYPE REA,O FIRE EXINCIJIRER MO CARNET rm30.04. CLEAR ACCESSIBLE FLOOR L_J WO.roFRNED ROOF CRICKETS TEM Or. TOP OF PARAPET ELEVATION TAlt TOP OF DEM ELEVATOR LEGEND 1 RR FRE RATED WALL SEPPAATING UNITS, STAIRS. OTTER USES BETWEEN UNITS PER CSC. 707A TOP GENERAL NOTES ENCLOSURES PER CSC, SEC 102,2 AND SNALL BE CONSTRUCTED AS FIRE BARRJERS CSC 707 A....41,1TOTNE ORDERS. OF T. RCOR OR ROOF SHEATHING, 3 DOORS NTO INFERIOR DOT STMRS ROLL 0E60 MIN RATED • ELECTRICAL OUTLETS SERVING INT IDOT STARS SNALL TERMINATE N STEEL ELECT SORES. 16 . N AREA TOTAL AREA IN ANV 100SF OF WALL AREA S/NLL BE ISO. IN ANNULAR SPACE BET.. SOX WAM NEARRANE SHALL BE NO GREATER niApt Ire BORES ON Nd+`wALNiUTING BTL.o Gv rv�(CeC� �]I 6 WALLS BETWEEN UNITS SHALL BE CONSTRUCTED AS ERE PARTITIONS PER CBC SEC 7C6 a WALLS BETWEEN 104175NR ODER CONDOOUS USES SMALL BE 7 PENETRATIONS OF FIRE RESISTWE WALLS, FLOOR-CENJNOS NULL. BE PROTECTED AS REQUIRED IN CRC SECTION 714 O. PROVIDE FRE BLCCICNII AT MORECONTAL AM) VERTICAL NTERSECTICNS OF FLOOR. CEILING, COVES. STAR STRNDERS AND MID “EGer OF WALL S OVER 1 LNY HRH. PER SECTION 710 0 PROVIDE DRAFT STOPPRO AT UNIT SEPARATIONS PER .CTION 7103 O, THEE CLOSRF'SE'STT NTE uIE, B, CENTERFuINE CFF s .ET,LALLEYOR 0..LIC WY OR. CITO AN NAGNARY L NE BETWEEN -TWO BUILDINGS ON DIE PROPERTY PEA CSC SEC 202 11 APPROVAL BY THE FIRE DEPARTMENT IS REOURED FOR DIE FIRE SPRINKLER SYSTEM PISOR TO FRAMING INSPECTION 12 PCRTAIRE FRE EkTINGUISFERS SNAIL BE INSTALLED RI THE BUILD. IN ACCORDANCE WITH SECTOR SOS 13 ALL UNITS TO RECENE A NOOK laTINGUISFER LOCATED NINE 1,1 ALL 1. DRAIN WASTE AND WALL AM IRE ,MAEE1u. ANNU RSSPBE ACE ABTED OiuPENETRATIONS WITH NON NANDENIND CALEB USE NOLDRITE 13 NE PENETRATIONS CE NOI. RATED ASSEMBLES BY DUCTS, ELECTRICAL DEVICES AND RANGERS ETC SMALL LAVE A ANA.N SPACE FELE° BY NON WADER. CAULK 17 PROVIDE USTED PUTTY PADS FOR FRE AND ACOUSTIC RATING AT ALL OUTLET SO.S 10 WALL ON CE OF STIRS TYPICAL • ,� CNAREFROMF, OF EAVE. OR FACE OF 10 ROC. ARE ENCLOSED EDAS CNVENTED1FTERSPER � N 20 PPE AND DRAIN PEWTRATIOOPI THROUGH FLOORS NERGETARS SHEET A/ TIO aunty NS5 NACv' xWIm SECTOsm.1 NNF nn»aFEEETY OPERAas vwav OF ODOR P SO.SF. RECO.OR OPERABLE PANES ADIACNTTOA OOCR WHERE TIE NEAREST VERT.. EDGE OF TM MINER VERTICAL EDGE OF TNE DOOR • E IWALKING EXPOSED SUREAED OSED POSITION AND WARR EDGE IE Oua10. LESS TNw. ttOPE OHM TO OILS, MN IT PER FC07, UNLESS NOTED THIRD LEVEL 1819 WINDOW & DOOR 0 0 0 0 se ease e MOO SNOLE RUMS WIMICAV N 0 SF CF CLEAR AREA OPENING, 0060 SOONG GLASS DOOR S (OR 000OmENTRY DOOR 00 �SEE PL N1 3000 CRAWL. GATE KNOB NMI SELF-CLOSER.I.PASO GATE-ADA MN. NWTOA GATE FRANK 9TH STREET APARTMENTS NATIONAL CITY. SAN DIEGO. CA ARCHITECT: BENJAMIN BAKER E300 NEWTON AVE SAN DIEGO, CA 92113 /TH CITY SUBMITTAL 07/11/1 DRAWN BY: BMNMB DRAWING THIRD FLOOR ROOF PLAN A1.1 g to q abed ueld GIIS 'oN luawyoelid N.T.O. TALL PARAPET EL: 34-T ROOF T.O. SHEATHING EL: 30'-T } Y THIRD FLOOR T.O. LANDING EL: 20'-5 1/4' } h SECOND FLOOR T.O. LANDING EL: 1O-2' Ata FIRST FLOOR T.O. SLAB EL: 0'-0' OSECTION, TYP. Nr9nL.ra a • T.O. TALL PARAPET EL: 34'-T hq ROOF T.O. SHEATHING EL: 30-T 1E11 UNITS CRICKETS PER ROOF PLAN 0 BEDROOM rl 1.1•11111 1 © a3 BEDROOM ® I PARKING �'•� —I '4 10 THIRD FLOOR T.O. LANDING EL: 2U-01/2' SECOND FLOOR T.O. LANDING EL: 9'-9 1/4' • FIRST FLOOR T.O. SLAB sf EL: 0'-0' OSECTION - STAIRS, TYP. BECTION NOTES .570.1P.SME MEMOIR Ear SiMintAVSPERSELTION IOU LEOOD ST.&OTHER WAIL BMW. T' 1 HP inE RAMP WAIL 8,11111011 o HRBRaNIu,sso RLL, SEE LEET.,, 1819 9TH STREET APARTMENTS NATIONAL CITY. SAN OIEGO. CA mo ARCHITECT: BENJAMIN BARER 4300 NEWTON AVE SAN OEGO. CA 92113 41H CITY SUBMITTAL 07/11/1 DRAWN BY: WHIM DRAWING BUILDING SECTIONS A 2.0 g }o g abed ueld el!S oN;uawyoelIV 4 :Iiii!I! 4 Ja x_ 2 W m m� oL ECOO ROOMTO. r 1 d 0 EL SA lie + J, MST FLOOR T.0.8W • . . SOUTH ELEVATION wr. Aglao°`m r NCATI.m .1. DFLOOR T...LANDING s maw Ate'" WaORT.o.LAIo.A ry + 66PM. BOOR TO. NAB Yd t . • • ■ 0 . • • R'q II . • 9- mole 11l.1'Q 0 _a m . 0 . n —CI NORTH ELEVATION ROOF Tm SHEATHING a ma• ,rI MO ROOK T.O.oI.OYT •._CDND MOORT.0 LAPWING FNSTa OOIRT.O.W I. D D WEST ELEVATION T PARAPET .1,1,RGDEA.0,...11LrATL.m0 M hTM.IO ROOK TO LAM M ma Vr L LE-COND.. PEOOR T.O. LAYp L Y Y9 tM• FIRST FLOOR TA NAB T EL OA' EAST ELEVATION mNleu•.II" 0 ANNAICNO GENERAL NOTES 1. ALL FIRE EXTINGUISHERS, FIRE CABINETS AND FIRE RISER PANELS SHALL BE VISTA I FD SO THAT ITS TOP IS NO HIGHER THAN LCA.F.F. TYP. UNO. 1. PROVIDE CONT. HORIL RASTER EXP. JT. AT ALL ROOK LEVELS PROVIDE RASTER EXPANSION I CONTRACTION JTS AS INDICATED OR AS REQUIRED N ASTN C1083. Jr SPACING SHALL TYPICALLY MEET FOLLOWING CRITERA: (ONO LENGTH SHOULD BE GREATER THAN 1 B-0' IN EITHER DIRECDON. NI NO PANEL SHOULD EXCEED 144 SF FOR VERTICAL APPLICATIONS lc) NO PANEL SHOULD EXCEED 100 SF N HORIZONTAL APPLICATIONS (0 LENGTH TO WIDTH RATIOS SHALL HOT EXCEED 2.5:1 IN ANY GIVEN PANEL 3. EACH BUILDNG SHALL HAVE ADDRESS NUMBER OR LETTERS. ADDRESS SHALL BE PLACED SO THAT IT IS PLAINLY VISIBLE AND LEGIBLE FROM THE ROAD FRONTING THE PROPERTY. (CSC 5012) L. ADDRESS CHARACTERS SHALL BE NO LESS THAN 12 HIGH WI A 314. STROKE. SHALL BE OF NON-COMBUSTIBLE MATERIALS AND SET OM A BACKGROUND OFCONTRASTING COOK BLACK CHARACTERS O WHITE BACKGROUND. 5 ADDRESS CHARACTERS SHALL BE ILLUMINATED. EITHER INTERNALLY OR EXTERNALLY TO BE VISIBLE AT NIGHT. 5 BUILDINGS SHALL HAVE ADDRESS NUMBERS RACED ABOVE OR MMJEDNTELY ADJACENT TO AL DOORS ALLOWING FIRE DEPARTMENT ACCESS IN AN EMERGENCY. T. MULTIFAMILY UNITS HAVING ENTRANCE DOORS NOT VISIBLE FROM THE STREET OR ROOD FRONTING THE BUILDING SHALL HAVE NUMBERS GROUPED FOR ALL UNDS WITHIN EACH STRUCTURE PLAINLY VISIBLE FROM THE ROAD. SUCH NUMBERS MAYBE GROUPED ON THE WALL OF THE BUIDING OR ON A SUBSTANTIAL MOUNTING POST INDEPENDENT OF THE STRUCTURE UNIT NUMBERS SHALL BE NO LESS THAN A' HIGH WI 1/2 STROKE. ELEVATION KEYNOTES ▪ ITLIA:00: FIBER NEON REDFORCED FIMN YATH SYNTHETIC ;Mal CDAT. TYP. o P A DaEGKYAN�. ▪ STAND-OFFS PER DETAA1.XAANA.A.TYP E RENT PLATE AWNING Ser INAFFSECTION lose N TDN MEET Al STY. . PER DETwA80N PLASTER CONTROL JOINTS PER DETAAS m PARAPET PER DETAILS TYP. DOOR PER DETAILS ON NEST NAS.T.I. BASE OF BUILDING PER DETAILS 1AAN. TTA. EXXAOST LOUVERS TERANNARONS WV ME NO CLOSER THAN MON PROPERTY LAE 1819 9TH STREET APARTMENTS NATIONAL CITY. SAN DIEGO. CA BOA CAUW ARCHITECT: BENJAMIN BAKER 43C0 NEWTON AVE SAN DEGO. CA 92113 411.1 CITY SUBMITTAL 07/I1/ DRAWN BY: BAYIMS DRAWING ELEVATIONS A 3.0 Attachment No. 2 No Fees per Government Code 6103 ] RECORDING REQUESTED BY: ] National City Housing Authority ] ] ] ] WHEN RECORDED MAIL TO: ] National City Housing Authority ] Attention: Executive Director ] 1243 National City Boulevard ] National City, CA 91950 ] AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (1821 East Ninth Street, National City) THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the 19, day of StjlVk , 2019, by and between the City of National City ("City"), and APV Ventures, LLC,.aalifornia limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property generally located at 1821 E. Ninth Street, in the City of National City, County of San Diego, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than fourteen (14) housing units on the Property; and WHEREAS, Developer proposes to develop a total of seventeen (17) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of one (1) residential dwelling unit ("Affordable Unit") to a very low- income household in exchange for a density bonus ("Density Bonus") which will allow the construction of the seventeen (17)-unit Development on the Property. In addition to the Density Bonus, the Developer is entitled to receive incentives and concessions as set forth in Government Code Section 65915. The Developer has independently and of its own free will chosen not to receive any such incentives or concessions; and WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide the one (1) Affordable Unit, the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development. 1 Attachment No. 2 NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows: 1. Waiver of Incentives. Developer acknowledges and agrees that, in addition to the Density Bonus, Developer is entitled to incentives and concessions pursuant to and in accordance with Government Code 65915. Despite such right, the Developer has independently and of its own free will chosen not to receive any such incentives or concessions. 2. Developer Covenants. Pursuant to and in consideration of the Density Bonus and the additional incentives and concessions, Developer hereby 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 Agreement one (1), one -bedroom residential dwelling unit on the Property shall be rented and occupied as an Affordable Unit as set forth in this Agreement. As used herein the term "Affordable Unit" shall refer to the one (1) residential dwelling unit on the Property which is held available strictly in accordance with the terms and conditions set forth in this Agreement. 3. Affordability Restrictions. (a) Area Median Income. As used herein, "Area Median Income" shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Housing and Community Development ("HCD") and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income. (b) Occupancy Restrictions. During the term of this Agreement, the Affordable Unit shall be occupied by a household whose income does not exceed the very low income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below fifty percent (50%) of the Area Median Income. (c) Rent Amount. During the term of this Agreement, the monthly rental rate for the Affordable Unit (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority) shall not exceed 1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income, as adjusted for assumed household size and utilities. The imputed household size for the Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for the one (1) one -bedroom unit shall be calculated using fifty percent (50%) of the Area Median Income for a two -person household. 4. Restrictions. The following restrictions shall also be applicable to the Affordable Unit: (a) No Relationship With Developer. The Affordable Unit shall not be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners 2 Attachment No. 2 or shareholders of Developer or in any entity having an ownership in Developer or in the Property. (b) Full -Time Students. To the extent consistent with fair housing law, no Affordable Unit shall be occupied or leased to any household comprised exclusively of persons who are full- time students, unless such persons are eligible to file a joint federal income tax return and all such persons reside in the Affordable Unit. 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. (c) No Student Dependents. Notwithstanding the provisions of section 4(b), no Affordable Unit shall be occupied or leased to any 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 unit. (d) No Owners of Real Property. No Affordable Unit shall be occupied or leased to any person or any household comprised of one or more persons who own real property. (e) Liquid Asset Limitation. No Affordable Unit shall be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, eighty percent (80%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty. (f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement. (g) Eligible Tenants - Increased Income. If as a result of the annual recertification procedure described in Section 7 below any household which was previously determined to be eligible to occupy an Affordable Unit is determined to be ineligible as a result of increased income or assets, the City will provide written notification thereof, and Developer shall have one hundred eighty days (180) from the date of notification to take all reasonable steps to pursue eviction of the ineligible household. If Developer fails to act within the one hundred eighty day (180) period, the City shall require payment of a fee by Developer, provided that no fee shall be payable so long as Developer is diligently pursuing eviction of the ineligible household by appropriate proceedings. Under this fee requirement, the ineligible tenant residing in the Affordable Unit shall pay the full market rate rent, and Developer shall pay the difference between the affordable rent and the full market rate rent, as determined by the City, to the City. The period of fee payment shall in no event exceed a period of six (6) months, at which time 3 Attachment No. 2 Developer's failure to provide such Affordable Unit to a household eligible hereunder shall constitute a material default under this Agreement. 5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City. 6. Deed of Trust. (a) Execution and Recordation. Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement ("Deed of Trust"). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement. (b) Foreclosure on the Property. In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days written notice from the City, shall: (i) execute, acknowledge and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) reimburse the City for all of its attorneys' fees and costs in connection with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any. 7. Verification of Eligibility. The Affordable Unit shall not be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement. Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Unit is being occupied by eligible tenants. Said certification shall be on forms acceptable to the City. 8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the unit(s) subject to this Agreement and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development's Uniform Physical Conditions Standards. The City shall have the right to inspect the Affordable Unit and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days' notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate 4 Attachment No. 2 enforcement authorities. Any deficiencies in the physical condition of the Affordable Unit shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer. Failure to maintain the unit(s) and the Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement. 9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein. 10. Design, Construction and Occupancy Schedule for the Affordable Unit. The Affordable Unit shall receive final inspection approval no later than the date that the market -rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Unit. The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. 11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the National City Housing Authority, and any and all of their respective councilmembers, commissioners, members, officers, agents, servants and employees (the "Indemnitees") from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from this Agreement, including the construction, sale, rental or operation of the Development, the Property and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend or hold harmless any of the Indemnitees from claims, losses, damages, costs and expenses related to the gross negligence or willful misconduct of the Indemnitees. 12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement. 5 Attachment No. 2 13. Damages; Enforcement; Remedies; Security. (a) Standing: Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, 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 event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. (b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following sixty (60) days written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City. being diligently pursued) regarding restrictions on rental of the Affordable Unit, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment: (1) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Unit (ii) the rents actually collected by Developer for the Affordable Unit for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for 6 Attachment No. 2 successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for, the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than one hundred twenty (120) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating rental units equivalent to the Affordable Unit, (ii) procuring such units (through purchase, lease or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Unit, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Unit, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City's election to accelerate Developer's performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys' fees, costs of suit, title insurance charges, foreclosure costs and other out- of-pocket expenses reasonably incurred in recovering such liquidated amount. 14. Monitoring Fees. Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement. 7 Attachment No. 2 15. General Provisions. (a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. (b) Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert and attorney's fees expended in connection with such an action from the other party. (c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens. City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement. (d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter. (e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement. (f) Counterparts. This Agreement 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. (g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to City: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 8 Attachment No. 2 If to Developer: APV Ventures, LLC c/o Tommy Tong 14041 Montfort Court San Diego, CA 92128 (h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Project, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property. 16. Risk of Market Conditions. Developer shall bear sole responsibility for developing, constructing and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City. 17. Signature Authority. All individuals signing this Agreement 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 other party hereto that he or she has the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf he or she is signing. CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: Angil P Morris -Jones, City Attorney By: Roberto M. Contreras Deputy City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] 9 Attachment No. 2 DEVELOPER: APV Ventures, LLC, a California limited liability company By: By: A&,A Erika Wu, Managin ember Tomm . ng, anagi g Member 10 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ,/ y On 3i+ j / , 2019, before me, �� I "f n' 1 , notary public, psonally appeared -TO%(11.4y o&) g-{ZI K/.} ►��i who proved to me on the basis of satisfactory evidence to be file persontj whose name() ':! subscribed to the within instrument and acknowledged to me that h/they executed the same in J is4er/their authorized capacity(ies), and that by 14444 r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Se JOUNG HEE KIM COMM. # 2277258 'n NOTARY PUBUc•GUFORNIA N SAN DIEGO COUNTY Uv Coiva. E.P. YAR. 8, 2023 E 11 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) ) ) On , 2019, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 (Seal) 12 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2019, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 (Seal) 13 Attachment No. 2 EXHIBIT "A" Legal Description of the Property That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129 and being the center line of Eighth Street a distance of 663.70 feet to the true point of beginning; thence South 18 degrees 14 minutes East 423.38 feet to a point of a curve concave to the Northwest and having a radius of 85.00 feet and whose center bears North 78 degrees 03 minutes 30 seconds West from said point; thence Northerly along said curve through a central angle 15 degrees 22 minutes 30 seconds a distance of 22.81 feet to a point of reverse curvature with a curve having a radius of 19.45 feet; thence Northeasterly and Easterly along said curve a distance of 32.76 feet to a point of tangency; thence South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve concave to the North and having a radius of 299.64 feet; thence Easterly and Northeasterly along said curve a distance of 110.55 feet to a point of tangency; thence North 71 deg 34 minutes East a distance of 166.0 feet, more or less, to the Easterly line of land conveyed to James G. Fleming by deed recorded November 5, 1918, Book 764, Page 158 of deeds; thence North 18 degrees 22 minutes West along said Easterly line a distance of 439.01 feet to a point on the Northerly line of said quarter Section 129; thence South 71 degrees 38 minutes West along the Northerly line of said quarter Section 129, a distance of 384.0 feet, more or less, to the true point of beginning. Excepting therefrom a strip of land 30 feet wide, lying Easterly of the following described line: Commencing at a point which is North 71 deg 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 40 feet from the Northwesterly corner of quarter Section 129; thence. from said point of commencement South 18 degrees 14 minutes East, a distance of 283.97 feet. Also excepting therefrom a strip of land 20 feet in width, being 10 feet on either side of the center line, described as follows: Beginning at a point which is North 71 degrees 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 323.97 feet from the Northwest corner of quarter Section 129 and described herein; thence along the arc of a curve to the left, having a radius of 60 feet, a distance of 71.94 feet to the end thereof; thence tangent to said curve South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve to the left, having a radius of 289.64 feet; thence Easterly along said curve 108.69 feet to the end thereof; thence tangent to said curve North 71 deg 34 minutes East, a distance of 168.12 feet. 14 Attachment No. 2 Also excepting therefrom that portion thereof described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129; and being the centerline of Eighth Street. a distance of 693.70 feet; thence South 18 degrees 14 minutes East 315.00 feet to the true point of beginning; thence retracing North 18 degrees 14 minutes West 175.00 feet; thence North 71 degrees 38 minutes East 356.4 feet, more or less, to the Easterly line of that land conveyed to James G. Fleming by deed recorded November 4, 1918, in Book 764, Page 158 of deeds, records of said County; thence along said Easterly line of Flemings Land South 18 degrees 22 minutes East 279 feet, more or less, to the Northerly line of said strip of land 20 feet wide, described in deed to the City of National City recorded January 9, 1925 as File No. 1211 in Book 1065, Page 59 of deeds, records of said County; thence along said Northerly line of City of National City and South 71 degrees 34 minutes West 120.00 feet; North 18 degrees 22 minutes West to a line which is drawn through the true point of beginning parallel with the Northerly tine of said quarter Section 129; thence along said parallel line South 71 degrees 38 minutes West 237 feet more or less to the true point of beginning. Also excepting therefrom that portion thereof lying within the Northwesterly 315 feet of said 80 .acre Lot 1. APN: 557-200-13-00 15 Attachment No. 3 No Fees per Government Code 6103 Recording Requested By: National City Community Development Commission When Recorded Mail To: National City Community Development Commission Attention: Executive Director 1243 National City Boulevard National City, CA 91950 PERFORMANCE DEED OF TRUST 1821 East Ninth Street, National City THIS DEED OF TRUST is dated as of the 1g day of , 2019, between APV Ventures, LLC, a California limited liability company ("Trustor"), whos dress is 14041 Montfort Court, San Diego, California 92128, Lawyers Title Company ("Trustee"), and the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City ofNational City, County of San Diego, State of California. described as ('`Property"): (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) The timely performance of the Affordable Housing Density Bonus Agreement of even date herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions, modifications or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and (2) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose on this Deed of Trust. 1 Attachment No. 3 2. Payment of Liens and Taxes. To pay, when due, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security ofthis Deed ofTrust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. 3. Reimbursement of Costs. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust. 4. Use. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. 5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and made a part of this Deed of Trust. 6. Performance of Other Obligations. To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. THE PARTIES AGREE THAT: 7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. 2 Attachment No. 3 8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." 9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default beyond any applicable cure period, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. 10. Default and Foreclosure. Upon default under the Agreement,subject to any applicable notice and cure rights contained in the Agreement, or in the performance of any obligation under this Deed of Trust beyond any applicable cure period, Beneficiary may declare all obligations secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. 3 Attachment No. 3 11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of the real property described in this deed of trust, or any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the Beneficiary an express written assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. 12. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the City of National City. and its successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. 14. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed ofTrust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together. and as often as deemed necessary. 15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed. or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. 16. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed). Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed ofTrust. The prevailing party in any litigation, including but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to reasonable attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not considered recoverable "costs" under applicable statute) incurred in such litigation. 4 Attachment No. 3 17. Request for Notices of Default and Sale. In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: City of National City Attention: Executive Director 1243 National City Boulevard National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. 18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon 48 hours advance notice to Trustor. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. 19. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700 et semc .), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et Leg.). the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seg.), the Resource Conservation and Recovery act (42 U.S.C. Section 6901, et seg.), Section 25117 or Section 25316 of the California Health & Safety Code; and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. Section 2601 et semc .); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251 et seq.); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et ems. Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party). 5 Attachment No. 3 20. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dumpsite or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors and agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor, except to the extent arising as a result of the negligence or willful misconduct of Beneficiary. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust. Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its 6 Attachment No. 3 security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable by law. (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. 21. Authority to Sign. All individuals signing this Deed of Trust 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 Beneficiary 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. TRUSTOR: APV Ventures, LLC, a California limited liability company By: Erika Wu, Managing Member Tommy Toember 7 Attachment No. 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On Zit Icy 1461" , 2019, before me, 0-o1ui, T %!& I/H , notary public, pe sonally appeared Top/My Tom qN 1, 2(4 who proved to me on the basis of satisfactory evidence to be the persontri2 whose nameaisi& subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hjsllAef/their authorized capacity(ies), and that by h q er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal., Signature JOUNG HEE KIM COMM. / 2277258 to NOTARY PUSLIC•CAIIFCRNm N SAN Pea CciNrt Mr COYl1 Exv MAtt 8. 2023 8 Attachment No. 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2019, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 (Seal) 9 Attachment No. 3 Exhibit "A" Legal Description That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129 and being the center line of Eighth Street a distance of 663.70 feet to the true point of beginning; thence South 18 degrees 14 minutes East 423.38 feet to a point of a curve concave to the Northwest and having a radius of 85.00 feet and whose center bears North 78 degrees 03 minutes 30 seconds West from said point; thence Northerly along said curve through a central angle 15 degrees 22 minutes 30 seconds a distance of 22.81 feet to a point of reverse curvature with a curve having a radius of 19.45 feet; thence Northeasterly and Easterly along said curve a distance of 32.76 feet to a point of tangency; thence South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve concave to the North and having a radius of 299.64 feet; thence Easterly and Northeasterly along said curve a distance of 110.55 feet to a point of tangency; thence North 71 deg 34 minutes East a distance of 166.0 feet, more or less, to the Easterly line of land conveyed to James G. Fleming by deed recorded November 5, 1918, Book 764, Page 158 of deeds; thence North 18 degrees 22 minutes West along said Easterly line a distance of 439.01 feet to a point on the Northerly line of said quarter Section 129; thence South 71 degrees 38 minutes West along the Northerly line of said quarter Section 129, a distance of 384.0 feet, more or less, to the true point of beginning. Excepting therefrom a strip of land 30 feet wide, lying Easterly of the following described line: Commencing at a point which is North 71 deg 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 40 feet from the Northwesterly corner of quarter Section 129; thence from said point of commencement South 18 degrees 14 minutes East, a distance of 283.97 feet. Also excepting therefrom a strip of land 20 feet in width, being 10 feet on either side of the center line, described as follows: Beginning at a point which is North 71 degrees 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 323.97 feet from the Northwest corner of quarter Section 129 and described herein; thence along the arc of a curve to the left, having a radius of 60 feet, a distance of 71.94 feet to the end thereof; thence tangent to said curve South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve to the left, having a radius of 289.64 feet; thence Easterly along said curve 108.69 feet to the end thereof; thence tangent to said curve North 71 deg 34 minutes East, a distance of 168.12 feet. 10 Attachment No. 3 Also excepting therefrom that portion thereof described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129; and being the centerline of Eighth Street, a distance of 693.70 feet; thence South 18 degrees 14 minutes East 315.00 feet to the true point of beginning; thence retracing North 18 degrees 14 minutes West 175.00 feet; thence North 71 degrees 38 minutes East 356.4 feet, more or less, to the Easterly line of that land conveyed to James G. Fleming by deed recorded November 4, 1918, in Book 764, Page 158 of deeds, records of said County; thence along said Easterly line of Flemings Land South 18 degrees 22 minutes East 279 feet, more or less, to the Northerly line of said strip of land 20 feet wide, described in deed to the City of National City recorded January 9,1925 as File No. 1211 in Book 1065, Page 59 of deeds, records of said County; thence along said Northerly line of City of National City and South 71 degrees 34 minutes West 120.00 feet; North 18 degrees 22 minutes West to a line which is drawn through the true point of beginning parallel with the Northerly line of said quarter Section 129; thence along said parallel line South 71 degrees 38 minutes West 237 feet more or less to the true point of beginning. Also excepting therefrom that portion thereof lying within the Northwesterly 315 feet of said 80 acre Lot 1. APN: 557-200-13-00 11 RESOLUTION NO. 2019 — RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT WITH APV VENTURES, LLC, FOR THE DEVELOPMENT OF 17 UNITS LOCATED AT 1821 EAST 9TH STREET AND RESTRICTING THE RENT AND OCCUPANCY OF ONE (1) UNIT TO A VERY -LOW INCOME HOUSEHOLD IN EXCHANGE FOR A DENSITY BONUS AS MANDATED BY CALIFORNIA GOVERNMENT CODE SECTIONS 65915 — 65918 WHEREAS, APV Ventures, LLC ("Developer") is the owner of that certain real property generally located at 1821 E. Ninth Street ("Property"), in the City of National City, County of San Diego; and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than fourteen (14) housing units on the Property; and WHEREAS, Developer proposes to develop a total of seventeen (17) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of one (1) residential dwelling unit ("Affordable Unit") to a very low-income household in exchange for a density bonus ("Density Bonus") which will allow the construction of the seventeen (17)-unit Development on the Property; and WHEREAS, in addition to the Density Bonus, the Developer is entitled to receive incentives and concessions as set forth in Government Code Section 65915 and the Developer has independently and of its own free will chosen not to receive any such incentives or concessions; and WHEREAS, the Affordable Housing Density Bonus Agreement ("Agreement") will serve to memorialize Developer's obligation to provide the one (1) Affordable Unit including the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of the Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development; and WHEREAS, a Performance Deed of Trust will also be recorded for the purpose of securing the timely performance of the Agreement and the performance of each agreement contained in the Performance Deed of Trust. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves the Affordable Housing Density Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E. 9th Street and restricting the rent and occupancy of one (1) unit to a very -low income household in exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918. After being recorded by the County of San Diego, a copy of said Agreement will be on file in the office of the City Clerk. Resolution No. 2019 — Page Two BE IT FURTHER RESOLVED that City of National City will record a Performance Deed of Trust securing the timely performance of Affordable Housing Density Bonus Agreement. After being recorded by the County of San Diego, a copy of said Deed of Trust will be on file in the office of the City Clerk. PASSED and ADOPTED this 6th of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CONTRACT TRANSMITTAL FORM (Attach to Documents dropped off to City Clerk's Office) Date: 8/ 19/2019 From (Dept.): Housing Submitted by (First & Last Name): _Greg Rose Vendor: APV Ventures Resolution: YES o 2 3 4 Originals Provided to City Clerk (circle quantity) Department has copy Vendor has copy CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk APV VENTURES Affordable Housing Density Bonus Agreement and Performance Deed of Trust 1821 East Ninth Street Greg Rose (Housing & Community Development) forwarded a copy of the Agreement and Deed of Trust to APV Ventures.