Loading...
Regulatory Agreement 2000-05717282229 ~UESTED BY: ) AND TO: ) ) Poway Red ) P.O. Box 789 ) Poway, C ) Attention: ) DOO_ 2000-0571728 OOT ~4, 2©00 8:59 A~ FIClAL RE SAN DIF.~ OQI]NTY RE~O R'S OFFICE GREGORY . SMITH, O]UWT RECORDER EES: OOO-O57 REGULATORY AGREEMENT THIS REGULATORY AGREEMENT is entered into as of September 26, 2000 by and Y REDEVELO 7, )]' t politic (the "Agency"), and CH g ASSOCIATES ' limited partnership (the "Lessee"). RECITALS A. The parties have entered' dated as of September 26, 2000 (the "Lease"), whereby the Agency has agreed h ' ~--f home community (the ) :ty in the City of Poway (the "City"), as shown on the "Site Map" attached h ament No. 1 t heroin by this ~ t having the legal d ~e "Site Description" attached hereto as Attachment t ~ (the "Site"). B. The Lessee's operation of the Develo[ Agency's goals and objectives under the Community Red .3' housing pursuant to Health and Safety Code Section 33413(a). ted to implement the f C. 3 of the Lease. specifical]~ off CC&Rs"). D. hereto intend that this Regulatory ] ted and Restated r Covenants, Conditions and by ~ June 25, 1996, which was recorded on July 8, 1996 in the ~' San Diego C~unty, Calif 1996-0339291 (the "1996 NOW, THEREFORE, the parties 100. DEFINITIONS :y Red Safety Code Section 3 follows: ~'the State of · 2230 "ADA" shall mean the A (42 U.S.C. § 1990, as th "dffordability Period" shall mean the duration of the affordable housing req ' are set forth in this Regulatory A t the L forth in Section 402.2 hereof. ~ich Section 50053, as furtl~ defined in Section 402.5 hereof.- Code th bod' · ' f t powers and organized and existing under the Community Redevelopment Law of the State of California, and ~' )ilifies. "City" means the City of Poway, California, a Calif ' ' ~al not a party to this Regulatory t shall have no obligations hereunder. The City is "County' shall mean the County of San Diego, California. "~ the failure of a party tnired by this Regulatory lain the time periods provided herein following notice and opportunity to forth in Section 501 hereof. "Develop the sixty-£ l~ 3' on the Site. "Extremely Low Income Household" shall mean a household five percent (35%) of San Diego County med a ' ' regulation of the California D ~Housing and Community I . than thirty- forth by "¢ Rett ' 1 laws, ord les, rules, ~ters, and decrees of the United States, the state, the County, the City, or any other political subd' ' ' rich the Site is located, and of any other political subdivision, agency, or :y .... ~diction over the Lessee or the Site. "6' ;ement' is defined in Section 405 hereof. "Lease" shall mean the Lease dated as of ~mber 26 2000, by and between the "Hazardous Materials / sue aich is or becomes regulated by any local authority, the County, the State of Calif ~hority, or the United States G g, but not ] or su~ a is (i) defined as a "l h,Ta*dous waste," t hazard' ter Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous sul~ S ?the California Health and Safety Code, · ' Chapter 6.8 ( Hazardous Suk ~, (iii) defined as a "h .... h ~stance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "baTardous substance" under Section 25281 of the 2 223I California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) (vii) aenyls, (viii) Ilo California Code of Regulations, Division 4, Chapter 20, (ix) designated as "bn7,rdous substances" Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource C seq. (42 U.S.C. §6903) or (xi) : Comprehensive E Response, Comg Notwithstanding the foregoing, "Hazard sh ~in~ develoF t buildings and grounds, or typically used ' manner typical of o~ ~le residential d' : - living wi~' ~ment, · ' tobacco and saccharine. t Recovery Act, 42 U.S.C. §6901 et Section 101 6fthe Liability Act, 42 U.S.C. §6901 et seq. a prod ~ement of residential · gested by a ]' hol, aspirin, "tit ~ Low and Mod Fund, established th and Safety Code Section 33334.3. "Housing [ the individual rental 1~ tfin the 13 operated by the Lessee on the S' ' ted in Section 301 hereof. be "Lower Income K aall mean a household earning not greater than that percentage of San Diego County med' (generally 80%) which is set forth by regulation of the California I~ ~Housing and Community ; Health and Safety Code Section 5007' "Lower Income Household /e an Extremely Low Income Household or Very L Household. "Z parmership. Haley Ranch Estates Housing Associates, L.P., a California limited "Notice" shah ' the 1' ~ed by Section 601 hereof. "Pre-Existing T date of the Lease. ~the Housing Units as of "Property Mana& ae manag : rich is hired by the the Site and the Development, as set forth in Section 405 hereof. "Rea' t the Redevelopment Plan for the Red originally adopted 13, 1983 by Ordinance No. 117 of the City Council of the City, and 15, 1993 by Ordinance No. 415, all of herein 1: "R t the Pagnay Red' /opted by the City Lessee. this Regulatow between ti] t the the total of month], and occupancy for the Housing Unit and f ~a Housing Unit for usc therewith, including a reasonable 2232 allowance for utilities f i~cgulations § 6918, "Site" ' in the City "Site Legal Descrip the description of the Site which ' "Site Map" means the map of the Site which is atlached 1~ i herein. ~'nent No. 1 and "Very Low Income Household" shall mean a household earning than fifty percent (50%) of San Diego County med' forth I: [ the California 12 [ t Community ; t~ and Safety Code Section 50105, 200. CONDITION OF TIlE SITE 201. Lessee P Lessee shall take all necessary ~ ~ ? any Hazard s which ar~ located' Such ~ ~all include compl' 1 O Req. ' Hazardous Materials. In addition, Lessee shall install and utilize such eq. ' d i disposal of Hazardous Martials. ter the Site. · t~ respect to t i 202. Lessee Disclosures. The Lessee shall notify the Site, including notices of ord t desist orders, repons filed ~ of any H ·ients with respect to provide tn Ag Site including, but not limited to, all permit ~. Catement ,f-reporting req ' t reports filed ~le after each' .ly . condition of the Site. In the event ora release L [ [ ience with ag I to the release. Upon request, the Lessee shall furnish to Agency a [any and all o~ entitl ~. ' ' reeling the -'1: without Sdential. 203. Lessee Indemnity. L from and against any penalty ' ' (including, without · ' [, or based upon (i) or from, the Site during the term of the Lease (including or alleged ' ~ ~' hold Agency harmless proc'ceding, loss, cost, damage, liability, deficiency, fine, f ,, fi:om, any such Ha~ardons Materials ~ereto), or (ii) ~ · ~ [ Hazardous 4 penalty ' ~ or proceeding, including ' ' sickness, disease or death), tangib] 1: ~ts or oth c, indemnity of the Agency or its offi ter, in or al: ~e Site during the term of the Lease (including any ). This indemnity shall include, d~ 3', fine, ~us, equity law, for personal injury (including . ale property damag for lost wages, · loss, damage to the natural This ~ are caused k ' tful misconduct ~loyees, agents, or ~ 300. INDEMNIFICATIO [A_NCE ~ 301. Indemnity. Lessee shall defend, indemnify, assume all responsibility for, and hold Agency and City, and th ' ~loyees, agents, and 1~ ~ages, d ' liability of any kind or nature (including attorneys' fees and costs) and for any damages to property ' ' 1: ting accidental death which may be caused l: the Lessee's Ix f ~ligations Agreement, wheth ~bc by the Lessee or by anyone employed t with by the Lessee and whether such damage shall accrue or be discovered before or afl F this Regulatory Lessee shall not be liable for property t . i ~, willful of, or breach of this Regulatory by ~ Agency shall defend, indemnify, assume all responsibility for, and hold Lessee and its offi . :l lu I claims, d sages, def liability of any kind or nature (including attorneys' fees and costs) and for any property m ' persons, including accidental death which may be caused by or arise out of the Agency's pc failure to perform its obl this Agreement, wheth ~be I: by i i with by the Agency and wheth : : discovered before or afl ~this Regulatory Agreement. Agency shall not be liable for property b ~' F, willful misconduct of, or breach of th' by L 302. Compliance With Laws. Lessee shall carry out its responsibilities with respect to the D ~ormity with all applicable laws, including all applicable state labor standards, the City zoning and d b : t electrical ' ' ~the City Municipal Code, the Fair Housing Act, the California Fair t Housing Act, and all applicable disabled and handicapped access requirements, aout limitation th With Disabilities Act, 42 U.S.C. Section 12 Government Code S Government Code Section 11135, et seq., the Unmh Civil Civil Code Section 5 the Califumia Building Standards Code, Health and Safety Code Section 18900, et seq. 400. COVENANTS AND RESTRICTIONS 401. Use Covenants. L the $ uses specified in the Lease, this Regulatory t agrees for itself ~ thereof, that the Lessee shall devote the Site to the t ' "Memorandum of Judgment" 234 which has been recorded with respect to the Site in the Official Records of San Diego County (the 402. Affordable Housing Req ' 402.1 occupancy to, and rent Fifl3,-Five (55) of thc Housing Un~ to Very Low Income Households, and Nine (9) of the Housing U Housel~ :fie Rent (except for Pre-Existing Tenants as provided in Section 402.4 hereof). One of the Housing Units may be occupied by the Property Managei'. 402.2 ~ Affordability Req The Housing Units shall be subject to the mC m ~iS Section 402 in perpetuity. The duration of this requirement shall be known as the "Affordability Period." 402.3. Selection of Tenants. be responsible for ~ ~ tenants for the Housing E )liance with the Management PI t pursuant to Section 405 hereof. Preference shall be g' ao have been displaced by redevelog ~ Agency in the imp]' ?the Redevelopment Plan. 402.4 Household Income Req Lessee shall annually submit to Agency, as an o1: ~the Development, a summary of household size and rent payable by each of the tenants of the Housing Units. At the Agency's request, thc Lessee shall also provide to the Agency completed' )utation and certification forms, in a f fie to the Agency, for any such Lessee shall ok be obtained by the Property Manager, a certif~ 1 household leasing an Affordable Unit d ; that such household is a Very Low Income Household, Extremely Low Income Household or Lower Income Housel~ : the e~igibility req ' blished f ~ Unit. veri~, or shall ' ~ certification of the household as set forth in Section 403 hereof. No residents of the Housing Units as of thc date of this Agreement ("Pre-Existing Tenants") shall be evicted from their Housing Units solely t: ~ ~' The rent Pre-Existing Tenants shal ~ied in S ~. ld Unit by a Pre-Existing Tenant, the Housing Unit shall then become subject to the req tthis Section 402.4. The first such Housing Units vacated by Pre-Existing Tenants shall be rented to Very Low Income Households until the satisfaction of the requirement of Section 402.1 to rent fifty-five (55) Housing Units to Very Low I~ ' ' Tenants shall b Households. 402.~ G Tenants. If the updated ' ~cation performed Section 402 g tenant of a Housing Unit (other than a Pre-Existing Tenant) no ] ~es as a Very L sold or Extremely I sold, 1: Lower Income Household, Lessee shall the Housing Unit to such tenant, but the rent shall be increased to the level specified in Section 402.6 hereof for Lower Income Households. If, based upon such" 5 Fa Housing Unit (other than a Pre-Existing Tenant) no l ~ Very I. Household, Extxemely L Household or Lower Income Household, L ~y such tenant that such ~' )lc period (9) months from the date 2235 of such notice, and Lessee shall their Housing Unit l: ly reasonably 402.6 iq C Affordable Rent for the Housing Units. Each Housing Unit shall be rented at an "Affordable Rent" to be established as provided herein: a. Thc month f Extremely Low Income Households (1 ~le utility allowance) shall not exceed one-twelfth (I/12) of thirty percent (30%) of thirty-five percent (35%) of San Diego County reed for a f Unit (as deft Safety C 50053, ). b. The monthly rental amount f Units to be rented to Very (1 ~ allowance) ~ (1/12) of thirty percent (30%) of fifty p~rcent (50%) of San Diego County reed for a family cfa size appropriate to the Housing Unit (as defined in Health and Safety Code Section 50053, or c. The monthly rental amount for the Housing Units rented to Lower Income Households (] ~le utility allowance) shall not exceed the greater of (a) one-twelfth (1 / 12) of thi .rty percent (30%) of sixty percent (60%) of San Diego County reed for a family of ~riate to the Housing Unit (as defined in Health and Safety Code Section 50053), or (b) one-twelfth (1/12) of thh'W percent (30%) of the actual income of the resident. d. The monthly rental amount for the Housing Units rented to Pre- Existing Tenants (1 ~le utility allowance) shall not exceed the greater of (i) one-twelfth (1/12) of thirty percent (30%) of the actual income of~ (ii) ' ' ~le by such forth in Attachment No. 3 hereto, which ' I herein. the overcharg ' tents so charged. 403. 403.1 Income V Lessee shall verify, or shall cause its property manager to verify, the income of each proposed and existing tenant of the Housing E ~pmpriate basis. 403.2 Annual Reports. On or before June 30 of each y ; 2001, ?the E ~ shall suk the x ' ~ Health and Safety Code S ~ k with each such rep ~: Each aall cover the immediately preceding fiscal year. 404. : ]ency Executive Director, and the Agency Executive Director has approved, a plan for marketing the rental of the Housing Units. Such marketing plan shall include a plan for publicizing the availability of the Housing Units within the City, and for notifying ~ t in the City, such City sponsored japer advertising in local newspag ' City offices, and other 7 2236 media of general The mark ~all require Lessee to oi: and to notify ~ other forms of marketing. The marketing plan shall provide that the g a list of displaced persons b fewer than ten (10) days after receipt of such t ~ ~, forms for rental of Housing hie. the Development shall be in compliance with the Marketing Plan which is approved by the Agency. The Lessee and Property Manager may . ~mit proposed amendments to the 405. M Lessee shall the Site and the 13 managed in a prudent and business-lik high quality rental housing projects in San Diego County, California. Lessee may fi a management com!~ ,~er to operate and maintain the Site and the I3 ' ~ the terms of this Lease (heremafl 'Manager" Company"); provided, however, that th ~ hiring of such manag )any shall be su[' by Agency's Executive Director or designee. Approval ofa manag by 1: ~ly withheld th hie in ord g the Fcc ~the Development. The Agency hereby approves Cuatro Properties as the initial Property Manager. The request for approval of a Property 11~ ' t ir that the Agency's ~ the proposed Property Manager within fifteen (15) ~ such Property Manager being deemed to have I: by the Age'icy. Provided that the foregoing notice req. ' been satisfied, the proposed Property Manager shall be deemed approved by the Agency in the event of the Agency' )prove the proposed Property Manager within fifteen (15) working days of such notice. Furthrrmore, the identity of the Property M . not be changed with t the Agency, which approval shall not I~ ~ly withheld. The Lessee and its Property Manager has submitted to the Agency Executive Director, and the Agency Executive Director has approved, a detailed "Manag ,tich sets forth in detail the duties of the Property Manager, th the procedures for the collection of rent, the procedures t' t occupancy levels, the f ~tenants, the roles and regulations of the I~ ~ manner of enf :I lease form, and oth ~the The management of the Development shall be in compliance with the Management Plan which is approved by the Agency Executive Director or designee. The Lessee and Property 9mit pro!~ ~ents to th which shall In the event of"Gross Mismanagement" (as that term is defined below) of the Development, ] .'y to require that such (3 furth ~e immed ~ the Property Manager if such condition is not ~ ~sixty (60). ~ For purposes of this Regulatory Agreement, the term "Gross Mismanagement" shall gement oftl~ ~' ' the terms an~' ~this Regulatory high quality 1~ ~ shall include, but is not limited to, any ~ the following: (a) (b) Repeatedly leasing without taking immed (c) Reserves; (d) Repeatedly failing 2237 lo exceed the prescribed ' ~ such overcrowding; C Operating · the Development and the Site in (e) Repeatedly failing to submit timely and/or adequate annual reports as required in Section 403 hereof; (0 the funds in the Capital :ling without limitation Reserve and Operating Reserve; and (g) Repeatedly failing to f~ Deparmaent, or other local law e the Development, ' ; a crime- County SherifFs gencies with' ' ' ' the Site. ting the ak management at the earliest feasib] provided above· I use its I: defects in [necessary, to replace the Property Manager as 406. M' ~ Site. for itself and 1 or any portion of the $ the Site in conformity with the City Municipal Code and the forth in the Lease, and shall keep the S ~debris or During such period, Site in a healthy condition. If corrected within five days afl respect to building iml: the landscaping planted on the fa Site and such condition is not ~ respect to graffiti, debris, waste thirty days afl : ~a :ltl ty it may have at law or at equity, shall have the right to enter upon the applicable portion of the Site and perform all acts and work ; :l preserve ti, :l landscaped areas on the Site, and to attach a lien upon the S the Site, in ~ ~the expend ' ' from such c oflc :l by Agency and/or costs of ling a fifteen percent (15%) ai aarge, wl~ ' 1 be promptly paid by L ~on demand. 407. Nond C by and for itself and any that there shall be no ~ gation of any person or ancestry in ~ ~1 ~the Site, nor shall ~ ~ ter or through it establish a practice ~d ] ~er, use or ? tenants, lessees, subtenants, sub] ~'the S thereof. The foregoing ~all mn with the land. 9 2238 Lessee sh th lease of the Site on the basis of nonsegreg a. In deeds: "The grantee h by and f : them, that there shall be no ~' gation of,-any g ~ off of t ' ' ' in the sale, lease, ~'th~ land h i, nor shall the g~ ' ' ter or through him or her, establish ~ practice or practices of 8 ~ th ] ~er, use or ~ '~1 tees in the land h t. The foreg ' ~all nm with the land." b. In leases: "The lessee h by and for himself or herself, his or her h ' :1 assigns, and through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no d ! ~ ~ ~ t .... ancestry in the leasing, subleasing g, use, occug ' yment of the premises herein leased nor shall the lessee himself or herself, or any g ' g under or segregation with lessees, sublessees, suk ~aney of tenants, iees in the premises herein leased." any I: her, estab] vendees of th I "There shall be no d' ,~ of pc ', in the sale, lease, subl 1 th for herself ~t such practice or practices of ' ;ationof, t, relig' ~the · ; under or through him or gafion with reference ?ancy of tenants, lessees, subtenants, sublessees or 408. th interests of th this Regulatory or in th breached, Effect o T t the beneficiary of g with the land, for and' 5' and has be t t this Regulatory t of t for the purposes of protecimg the '~] hose favor and for whose benefit · ~ with the land have been provided, without tany land or interest therein in the Site the right, if this Regulatory I rights and remedies, and law or in equity ting the curing of such breashes to which it or any other be entitled. 10 2239 500. DEFAULTS AND REMEDIES 501, Regulatory A . by this Regulatory A cure as described hereafter lall ' complained of. Except as otb shall t' failure by either party to perform any luired ~in the time periods provided herein fell' d failure to "Default" und A party ~Default to the other party specifying the Default provided iff this Regulatory ' ~y, and the other party shall ~' such party within thirty (30) days from receipt of ~uch tiately, with due diligence, ty such failure or delay and shall complete such or remedy with diligence. 502. l' ~ Legal Actions. In addition to any otb ties and subject to th ~erwise set forth in this Regulatory party may' ~ to seek specifi ~ ~ this Regulatory ty any Default, ~ages for any Default, or to obtain any other reme~ tb ,~this Regulatory Agreement. Such legal be instituted in the Superior Court of the County of San Diego, State of Calif municipal court in that county, or in the United States Dis~ict Court for the Southern District of California. 503. ] by the Lessee against Agency, service of process on Agency shall be made by personal service upon the Executive Director of a otb f be provided by law. In the event that any legal Agency against tb ~process shall be made in provided 1: ~a] her served ' te of California. 504. Regulatory Agreement, the fights and remedies of the !: i the exercise by either party of ~ such rights or remedies shall not preclude the exercise by it, at the same or difl : : f ~ 505. Inaction Not a Waiver of Default. Any failures or delays by either party in Default shall ~: or of : deprive either such party of its rigla any actions or proceedings which it may d 'Y to !: Force any such rights or remedies. 506. Applicable Law. The laws of the State of California shall govern th and enf ~this Regulatory 600. GENERAL PROVISIONS 601. Notices, Demands and C Between the Parties. Any approval, disapproval, demand, d 21er notice ("Notice") which either party the other party under tb' ~: t may be given either by (i) 11 2240 personal service, (ii) delivery by reputable document d a as Federal Express that provid ~ ~ delivery, or (iii) United States mail, ' as set forth lc ~er address as that party may later designate by Notice. To Agency: Poway Red Agency P.O. Box 789 Poway, California 92074-0789 Attention: Executive Director To Lessee: 182(~ S. Escondido Boulevard, Suite 101 Escondido, California 92025 Attention: Executive Director Any demand ' I be deemed received immediately upon receipt; provided, however, that refusal to accept delivery after reasonable attempts thereto shall xempted to be delivered to an addre the · ' ' has moved third day from the date of the attempted delivery or deposit m the United States mail. 602. Enforced 1~ CTimes of P In ad ' 5c · ' ~this Regulatory Agreement, g by either party hereunder shall not be deemed to be in Default, and all p t other dates specified in this Regulatory hall be extended, where d d beyond the control or without the fault of the party claiming ~ which without 1 following: ces; lockouts; riots; floods; earthquakes; ff ~ d of the public enemy; epidemics; ¢~ ~t embargoes; lack of transportation; ~t; ] ]. '~ility to secure necessary l ' 'x (other than a : ~plier in which Lessee has a twenty-five percent (25%) or more ownerslY ~ieh is controlled by Lessee, or which is an affiliated entity of Lessee); acts · ' ~ the other party; or acts or fa ~ the City ~ (other ti ~ Agency which shall not excuse by Agency). Notwithstanding anything to the contrary in this Regulatory Agreement, ~ ~all be for the period of the enforced ~ ~ the party claiming such the other party within thirty (30) days of ~ ~the cause. Times ofg ~ ter this Regulatory A be extended in writing by the mutual ~ Agency and Lessee. partial part of the Site or ~ to Section 14 of the Lease. Agency may 603. Transfers of Interest in Site or Regulatory The qualifications and identity of the Lessee arc of particular concern to Agency. It is'because of those qualifications and identity has entered into this Regulatory the Lessee. For the term of 'Y 'Y ~the Lessee shall te~ this Regulatory tall the Lessee make any total or ~ subdivision, refinancing or lease of the whole or any t or approved by ~ ter this 12 224]. Regulatory A . ~ the approval of the Lessee, which approval shall not b withheld; provided, however, ~ ~" City 604. Covenants Run With the Land. All ' 'bout regard to technical classification or designation shall be binding on I. t i for the benefit of h favor of Agency for the entire period during which such hall be in force and effect, without regard to whether Ag ~: All hall be construed ~ the land and shall bind Lessee and ' t assigns, and every thc Site or any part thereof, and shall J as conditions which might result in forfeiture of the S hts therein. 605. Rights of Mortgagees. The g ' ' ?this Regulatory Agreement do not limit the right of any mortgagee or beneficiary under a deed of trust which ge, deed of trust, or otb L a deed of provided, deed of trust, the purchaser or g t shall be, subject to the Lease and all of the cond contained in this Regulatory the Site or any g 7, or the right of any mortgagee or beneficiary under y of its remedies for the enf tany pledge or lien upon the Site, ~any f ter any such mortgage, deed of trust or power of sale included ' ~,age or t assigns and the Site shall be, and t covenants 606. Term of Regulatory Agreement. E and forth in this Regulatory 1 · xi otherwise herein, the terms perpetuity. 607. Non-Liability of Officials and Employees of Agency. No memk ~, shall be personally liable to '~ . Agency (or the City) become due to the L ! obligations under the terms of this Regulatory 608. R Between Agency and Lessee. It is herek iged that the t that of a parmers~' ' ' that Agency mil not be deemed t 1' k ~the other. t in this Regulatory ting ~ hall h ': duties or obligations with respect to the d 609. Agency Approvals and Actions. WI~ te h or approval to be undertaken by Agency, the Executive Director of Agency or his or her designee is ~cally provided law otherwise requires. 610. C This Regulatory be signed in multip] which, when signed by hall bind' . This Regulatory is executed in three (3) originals, each of which is deemed to I~e an original. 13 22 2 611. Integration. This Regulatory Agreement, together with the Lease, and all attack the Lease specifically supercede the 1996 CC&Pa. 612. Real ~erage C Agency and each agrees to defen~ and hold harmless the other from any 613. Fees. In any action between th modify, rescind, or otg .h any of the terms or g th ' ty in ~ I be entitled, in add it might be entitled, reasonal: without reasonable attorneys' fees· · ' rthis Regulatory 'her relief to which t 614. Titles and Captions. Titles and do not define, describe, or limit the scope or stated otherwise. y and ~ this Regulatory Agreement or of any of its this Regulatory Agreement, 615. ] As used in this Regulatory Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when th dictates. The word "including" shall be consmaed as if followed by the words "without limitation." This Regulatory I be interpreted as though prepared jointly by both parties. 616. No Waiver. A waiver by either party of a breach of any of ~ titions ter this Regulatory A be performed by the other party shall not be ~ ~ of titions of this Regulatory 617. M' ' 5cation of or to tbJ behalf of each party. 618. Severability. If '' ~ this Regulatory party ~all be held, ; invalid or unenforceable, the remainder of this Regulatory Agreement, or the application of th ' ' .her than ~ ~om or which it is held invalid or unenforceable, shall not be affected, and shall be valid ~le to the fullest extent law. 619. Computation of Time. TI~ tich be done under this : ] the first day (such as the d~. 1, and the ] :iday or Saturda. t is also excluded. Thc term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If be done by a g ~ that time shall be Pacific' 14 2243 - 620. Legal Advice. Each party have carefully read this Regulatory the other the following: they · Regulatory from their respective legal counsel as to ~ have freely signed this Regulatory A behalf coercion, whe~ ~erwise. forth in this Regulatory A 'bout any reliance upon any they 621. Time of Essence. T' g made of ~ ~ by the parties of each and every oblig~ fition of tM 622. in that regard Cooperation. Each party ~erate with the other in t 1, t all ~ aich may be reasonably necessary, helpful, or ~this Regulatory 623. off his personal he is d Conflicts of Interest. No member, official or employee of Agency shall have any ; ~ ' Agreement, d ' ' ~, to the Regulatory ~ any limited partnership, partnership rich · ~ 624. Time for Acceptance of Regulatory Agreement by Agency. This Regulatory Agreement, when executed by the Lessee and delivered to Agency, must be authorized, executed and thirty (30) days afl delivery of this Regulatory by thc Lessee or this Regulatory shall ~ the extent that the Lessee shall g to a fur~ ~time for the aut~ delivery of this Regulatory Agreement. 625. No Third Party Beneficiaries. Notwithstanding any other provision of this Regulatory A the contrary, nothing 1~ ' ' ted ! third party beneficiaries to this Regulatory Agreement, and ' :y other ~ t Lessee, and the permitted t assigns of any of them, shall be authorized to enforce the provisions of this Regulatory Agreement. 15 2244 A ~'th¢ d~t~ f~'st set fo~ ATTEST: AGENCY: POWAY REDEVELOPMENT AGENCY, a public body, co~ By: Michael P. Cafag~air APPROVED AS TO FORM: Agen Legal Counsel LESSEE: HALEY RANCH ESTATES HOUSING ASSOCIATES, L.P., a California limited partnership By: Community Housing of North County, a Calif O~n~ral ~Partn~r Sum M. Rcynol~, Ex~cuti~ DiOr 16 TATE OF CALIFORNIA coum y OF % , Notary Public, ersonally appeared ~fk~ personal]. -or- " " ' be the pe~on~r~ whose name~g~/are subscribed to the witl~' ~ acknowledged to me thati~gt-hey executed the same · in ~-' ~y~i~), and that byd~-~r signature~4) 1 ~ ~: le.en_ti~ u~on behalf of which the person(s) acted, executed th WTI'NESS my hand and official seal. ~, ~c - c~m~ Though the data by law, OPTIONAL valuable to persons relying on the [] Individual Parmer(s) Trustee(s) Other: [] Title(s) Limited General - 2246 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of ,~' ~ On ~ before me, personally appeared ~ ~ SS. [~ proved to me on the basis of satisfactory evidence to be the person(s.) whose name(s) is/a~e subscribed to the within instrument and the same in authorized and that by the entity' upon behalf of which the per~on(s~ acted, ~"~ ~ ~ ,ture o ot~a~ P~biic OPTIONAL ,h Title or '~ -~ (~ Signer(s) Other igner [] Individual D Title(s): ~ Partner-- [] Limited ~ General [] [] Trustee ~ Other: Prod NO. 5~07 2247 SI~E MAl) Attachmen*. No. 1-I ATTACHI~ENT NO. 2 SITE LEGAL DESCRIPTION Lots 1 through 65 t Lots A and C through K inclusive, of CITY OF POWAY TRACT NO.89-14, in the City of Poway, County of San Diego, State of Calif ting to Map thereof No. 12944, filed in the Office of the County Recorder of San Diego County, June 11, 1992. Attachment No. 2-1 - 2249 ATTACHMENT NO. 3 MINIMUM There are thre ' ' Category I - Re] · lents of October 1, 2000 C The method former Haley's Trailer l~tnch 1, 1996 and Residents of Haley Ranch Estates ~ho moved in prior to February 1, 1996 ation is as follows: Minimum Rent for R size. the former Haley's Trailer Ranch. ty $220 per month. Th t' ~es the Category · ' ring the by $20 per month annually (each July 1) until the · ' adjusted for the appropriate household Residents of Haley Ranch E ! in between February 1, 1996 and October 1, 2000. M' ' t by talcing 35% of the current adjusted M Family Size), divided by 12 ( figure) times 3C standard utility allowance to generate ~ ' ' ations. Income (by 2000 MINIMUM RENT Family Size 3 4 5 6 7 Minimum Rent $360 $407 Sa. a. a. $482 $520 Minimum Rent for housel~ into Haley Ranch prior to February 1, 1996· ; households by having the rents gradually increase the Category ' ' M' ' t first by the method established for the Category II households. Category IH households paying less ii ' ' ~lisbed by this .1 2250 Category II method will have ~ ' formula. tually increased to the Category II by the following Category III households pay transitional ' ' h5 County Me~ ~rred to as a ' ' t by taking the last ) Figure (AMI) plus $25.00. · ' ;". The ' r~nt and increasing it by In 1996, ~ ' ' $225 per month, $260.72 in 1997, $297.53 in 1998, $332.94 in 1999, and is currently $365.53, for 2000. The current ) $332.94 (1999 amount) plus the 2.28% iner~ase between the 1999 San Diego Axea Median Income of $, $ $25. 2000 TRANSITIONAL MINIMUM RENT Family Size 3 Minimum Rent $360* 4 5 6 7 $365.53 $365.53 $365.53 $365.53 Category ' ' exceed the Category necessary. .d of 3 would be ~ h, not $365.53, as $ for a household of 3. Over the next few yearn, h5 rent will · ' for all household sizes, and will no longer be R · I in after October 1, 2000, have a il Attachment No. 3-2