Regulatory Agreement 2006-0116909
,
J: _ . Ltc # 2006-0116909
;'" Plel,se complere litis informaliolt,
RECORDING REQUE~TEDBY CJ.,~ fi1Ie 11111111111111111111111111111111 11111111111111111111111111111111111111
'\ND WHEN RECORDED MAIL TO' FEB 17,2006 11 '34 AM
rp, ~k~e-I'f ~
0-"'>:\, . . 1-IFFWI.c..L F:Er-rIR[IC,
I~ '3d5"" a ,VIe.. C.e~.j.q'" J)rlve \t\~ -,,~..t'l [11[1;0 1-,llllf'JT'1 F:EI~nR[IEF:":, I-IFFWE
I;F:EGOR"I ,[ ,:;~,,'1ITH [UUrH'1 FiEc'[IF:[IER
1,JOrf f="EE'_. u.oo
,?o....>""'1, C". &r F L.,CiE':, 19
~: 'E:1<ec ,,~ :b/~ c.-kr 11111111111111111111111~!I>>~WI!~I~I~IW~~~1I1I111111111111111111
--
Space above this line reserved for Recorder's Use Only
Gov!. Code 27361.6
7850
1.~~t Ie. -J-c.r '7 A-J 0Ge ,.,.e,.,-{-
(Please fiU in document title(s) on this line)
Govt. Code 27324
1
THIS PAGE ADDEDTO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Gov!. Code 27361.6
(Additional recording ree applies)
Olo~03q
< j ,RECORDED ATfHE REQUaoF .
d"
CHIC,f-.GOTITlE CO. 7851
RECOORDrNG'REQUESTED 'B~, )
AND:WHEN REC0RDEDMAI4TO' )
)
Poway Redevelopment Agency )
13325:CiVi~ .Center Drive )
:Poway"California'92074 )
Attention: .Executive Dir~ctor )
This document.is,exempt from the payment ofarecording
feepursuanUo Government Code Section 27383.
REGULATORY AGREEMENT
THIS REGULATORY AGREEMENT is enteredirit6.as of February 14, 2006 by and
lidweeh the POWAY RE"J)EVEL0PMENTAGENCY, a pllblicbody, corporate and politic,(the
'''Agency''), and COMMUNITY.RQAD HOUSING ASSOCIATES,.L.P.,.aCalifornia limited
partnership (the "Developer") .
RECITALS
A. Ih fuitherance ofihe objectives of the CommunitY Redevelopment Law ofthe:State
of California, Health and Safefy,Gode Section 33000, et seq (the "Act"), the Agency and the
Developer desire to develop certain real property within the Paguay Redevelopment Project Area,. as
shown on the Site Map which is, attached bereto as Attachment No, I and incorporated herein, 'and as
more fully described in the LegalQescrjption which is attachedhereto'as Attachment No 2 and
.incorpora.ted herein.(the "Site"), The Site is approximately 2.509 acreS in size and is located in the
City of Poway (tbe "City"), adjacenttoand west of Community Road,.and south of Hilleary Place.
R TheAgency and Community.HousingWorks (the "Original Developer") entered into
a Dispositionand'Development A:gn,~l)1ent.dated as ofJune 28,2005, as:amendedby the First
Amendment to. Disposition and Develojmierit Agreement and Promissory Note,dated as'of February
7, 2006 (as amended, the "DDA").. The Original Developer has subsequently assigned its)nterestin
the DDA to the Deve!oper. Pursuant\to.,the DDA, the Agency'hiisagreedtoground lease the..Site to
the Developer, and the.Deveioperhas:agreed to develop a housing project (the "Development") on
theSite. The Development.will;generally consist of:a fifty"six (56j'unitrental housing,complek: The
"Developmentisinterided to'iinplemennheAgency's goals ansl objecJives under the Actto'provide
degent, sa~e'andsanitary"pol!sihg:forpersons and families;oflow and.moderateincome,and to
increase, improve imdpreserve hOllslngavailable at affordable:housing cost to persons. and families
onow and:mod~rat'e'[ncome"pursuant to the RedevelopmentPlal! and' Health &>Safety Code
Sections-33334.2, et seq",and 33413
~
C. The execution arid recording of this Regulatory,Agreement isa requirement onhe
DDA. I
NOW, 'fI:I!"REF0RE, the parties hereto agree as.follows:
1. Definition.s.
DOCSOC(95 94 70v9/022345-008]
.,.,.:'"1 , . .
"
7852
"Act~iniearts,.the,Community Redevelopment Law.ofthe;State,ofCalifornia, Health and
:Safety Code Section 33000~ eiseq,
"ADA" snail mean the 'Am~Ii~ill]swith Disabilities Act of 1990, as the same may from time
totime be;amended (42 U.S,C, 9 12101, etseq).
"Affordability,Period" shiill'mean the duration of the affordable,housing requirements which
are set forth in this:Regulatory"Agreement, the DDA and the Ground Lease, as set forth in Section 4
hereof.
"AjJordableRent"'shiill have.the'meaning set forth in Heaith and Safety Code Section
50053, as further defiiledin Section 7 hereof.
"Agency" means the Pow~y.'Rede"elopment Agency, a public body, corporate and politic,
exercising governmental functions!iind powers and organized and existing under theCornmunity
Redevelopment Law ofthe State:of California, and any assignee .of or successor to its rights; powers
and responsibilities.
"City" means the City of Po way, California, a California municipal corporation. The City is
not a party to this RegulatoryAgree'meilt.andshall have no obligations hereunder.
"COlinly" shall mean the County of San Diego, California.
"DDA"shall mean the Disposition and Development Agreement dated.as of June 28, 2005,
2005, byand'between AgencYilnd Developer
"Defauli" means the fail!lre ora party to perform any action or covenant required by this
Regulatory Agreementwithin.thetimeperiods provided herein follbwingnotice'and opportunity to
cure, as set forth in Section 22 hereof.
"Developer" means Community HousingWorks, a California nonprofit corporation.
"Development" means the}l!,wrental housing complex aildassociated improvements to be
constructed by the Developer upon' the Site.
"Extreinely Low Income H{)usehold" shall mean:a'householdearning not greater than thirty
percent (30%) of San Diego 'County median income, as such median iricomeis set forth by regulation
of the California DepartmeritofHousing and. Community Development.
, "Governmental Requiremellts" rneans'alllaws, ordinances; statutes, codes, rules,
regulations, 'orders,;anddecrees ,Of. the United States,. the state; the County, .the City; :or any other
politlcaLsubdivisionin which the Site is located, and ofapy other political subdivision, agency, or
instrume.nl'!lityexercising jurisdiction over the Developer or ihe,Site.
'~GroundLease" means the ground lease ofthe Site from the Agency to the Developer in the
forin of AttachmerilNo.6 to iheDDA.
"Hazardous Milterials" means anysubstance,.material;,or waste which is or becomes
regulated by any loca(governwe!l\1l1<iuthority, the County; tq~ State of California, regional
governmental authority,.or the United States Government, including;but not limited to, any material
2
DOCSOC/959470v9/022345'0081
k . '.
.'
7853
br substance\vhich is'(i).defined.as:a' "hazardous waste," "extremelyhazardbus waste," or "restricted
hlizardouswaste'''under.,s.ection'251! 5~25117or 25122, 7,or 1ist'ed.pur~uanttoSection 251400fthe
CaliforniaH~altl)~ll.d ~jlfe!yC!l(]e,Division 20, Chapter-6.5 (Hazardous Waste Control Law)), (ii)
defined,as a'''hazardolisrsubstaiiC'e;' under Section 253 16 of the Galif6rnia Healih:andSafety Code,
'Division,26, Chllpter 6.8 (Carpemer-Presley- Tanner Hazari:!ous:;S_ugstance Account Act);, (iii) defined
as a":hazard,ousmaterial'," "hazardous. substance," or "hazarao"us'waste" under Section'25501 of the
Clilifomia:Heil1thand Safety Cbde, Division 20, Chapter,6.95 (Hazardous rv1aterials Release
Response Plans,and,Inventory), (iv):defined as a "hazardous substance" un_der Section 25281 of the
CaJifornia H",althand Safety Coi:!e,.j)ivision 20, Chapter 6.7'(Uriderground' Storage o{Hazarclous
Substances), (~) petroleum, (vi) friable[asbestos, (vii) polychlorihated oyphenyls, (viii) listed under
Article 9'or defined as "hazardolls"or "extremely hazardous"yursuantto Article 11.0fTitle 22'ofthe
California'Coqe of Regulations, Division 4, Chapter 20, (ix) designated. as "hazardous substances"
purstianttoSectibn31'1 of the i,Clean Water Act (33 U,S,C, ~1317),.(x) defined as a "hazardous
waste'" pursuanttoSection 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. ~6901 et
seq (42U,S,C, ~6903) or (xi}defirted as "hazardous substances" pursuant to Section 101 bfthe
Comprehensive Environmental. Response; Compensation, and Liability Act, 42U.S.c' ~6901 etseq.
NO,twithstanding the foregoing, "-'Hazardous Materials" shall not-include such products in ,quantities
as are customarily used in tliecbristrllction, maintenance, rehabilitation or manage.ment of residential
developments or assoCiated buildings and grounds, or typically used.in resjdential activities ina
mallm,rtypicalofother comparable:residential developments, brsubstancescommonly irtgestedby a
significant populatiortliving within the Development, including without limitation alcohol, 'aspirin,
tobacco and saccharine.
"Housing'Fund" means,theAgencY's Low and Moderate Income Housing Fund, established
pursuant to Health ani:! Safety Code. Section 33334.3
"Housing UJiits" Iheans.the individual rental housing units within the Development to, be
cbnstructed and operated by the Developer on the Site.
"Mode~ate Income Hpusehold"shall mean a household'earning nocgreaterthan ninety
percent(90%) of San Diego, County median income, adjusted'foihousehbld size, which is set forth
by regulation of the California Departinent of Housing and Community Development.
"Notice" shall mean a notice in the 'form prescribed by Section 24 hereof.
"P~opert.Y'Manager"'shall'mean.(he management company or manager which is hired by the
Developef.,tb 6perate and maintain the.Site and the Development, as,set forth in Section II hereof.
"Redevelppme,niipJan" 111eans the Redevelopment Plan for the Redevelopment Project, as
originally adopted on Decefuber13, 1983 by Ordinahce No. 117.ofthe City CouncIl of the City, and
amended on June 15, 1993 by Ordinance No. 415, all of which are.,incorporated herein by reference,
'''RedeveJopmenii'Project''means the Paguay Redevelopment-Project, adopted by the City
pursuantto,the.Redevelopment Plan.
"Rqjillatory Agreement" means this RegulatoryAgreement between the Agency, the
Developer' ahd. the. Developer.
"Rent" shall. mean the fotal of monthly payments by th~ tenantsofa.Housing Unit for use
3
DOCSOC/959470v9/022345,008\
. . 7854
and occupancy fof theH()usirtg:Uhit-and facilities associated therewith, i[lcluding a reasonable
allowaIlce for uiilities foriaI).'ad.equat~~leveJ of service, as defined in,25iCalifornia Code of
Regulations 96918~ Of: successor' statute:
"Site" means,tlfat approximately"2.509 acre parcdbf'reaj property which is owned by the
Developer, 10catedintheCityadjaceni'fo,and west of Commul)itY Road, and south of Hilleary Place,
aS'more particularly described' inthe'Site Legal Description and depicted'on the Site Map.
"Site LegatDescription" ~~ans the description of the Sitewhichis attached hereto as
Attachment'No. 2 and'incorporatedherein.
"Site'Map" means the'mapofthe,Site which is attachedhereto,as Attachment No, I and
incorporated herein.
"Tax,Credits" shall mean Low Income Housing Tax Cfedits,granted pursuant to,Section 42
oftheIhtermil Revenue Codeartd/orCalifornia Revenue and Taxation Code Sections 17057.'5,
17058,23610.4 and 23610.5 and California Health and SafetyCocie Sections 50199, et seq
"Tax CreditRules" me~ns S_ection 42 of the Internal Revenue Code and/or California
Reve!lueandTaxationCbde Sectibris'17057,5, 17058,23610 4 and 23610.5 and California Health
and Safety Code Section 50199"etseq., and the rules and regulations implementing the foregoing.
"Tax Credit Regulatory Jtgre"ment" shall mean thnegul;1tory agreement which may be
required to be recorded against the Site with respect to the issuance, of Tax Credits, as set forth in
Section 8 hereof
"Very Low.Income Houselrold"'shall mean a householdiearning not greater than fifty
percent (50%) of Sap Diego Counl)(median,income, as set forth by,regulation of the California
Department of Housing and Community Development, pursuahtlo Health and Safety Code Section
50 I 05,or successor statute.
2. Use Covenants. Developer covenants and agrees for itself, its successors, assigns,
and every successor ,in,ihterest "to the Site or any part thereof, ,that the, Developer shall devote,the Site
to the uses specified in the DBA,thisRegulatory Agreement and the,Ground Lease, whichever isthe
more restrictive, All uses cond,uc!ed 011 the Site, including, withouUiinitation, all activities
undertaken bythe'Developer'pufsuant'to this'Regulatory Agreement" shall conform to the
Redevelopm~nt'PI';IJ1and:alr applicable provisions of the CityMunicipal,Codeand requirements of
the City's Aftofdable'Housing'Overlay Zone,
3; Number,of Affordable lJnits. Developer 'agrees '10 make available, restrict
occuPiln<:,y to, andr,ent twen1Y"one(21).of,the'Housi~gUnitsto Very Low Income Households, six
(6),ofthe'Hbusirig'Uhits to ExtremelyLow Income Households, and twenty-eight(28) of the
Housing 1]I).its'to ~od~rateIncome Households, all at an Affordable Rent 0ne of the Housing Units
may be,~usedas a'managei's'unit, without income restrictions.
4. DiifatlonofAffordability Requirements. The'Housing,Units shall ,be subject to the
requirements,ofthis:RegulatoryAgreement for the Term of the Ground1ease. The duratioll of this
requirementshallbe'known adhe"Affordability Period,"
S., Selection of Tenants. Developer shall be',responsible for the selection of tenants for
4
DOCSOC/959470v9/022345-0081
.' , . .
7855
the HousingUnits in cofupliance,wlth.1awfuLand reasonable,ctiteria"as'set forth,in'the Management
Plan which isrequired'to'besubllliited and approved by the.AgergYPlID!lI!'1l1t to the Ground Lease.
P[ef~rence shall'be.given to ten~nts who have been displaced,by redevelopment'activities of Agency
in the implementatioii 6fthe Redeveiopmertt.Plart, subjecUo;andin ilccordance with the requirements
ofHealthartd~Safety Code Section)34l L3 or,a successorstafute. To,the extent permitted by law,
-. ... -- - - -- -' .
the peveJopershfill give preference in. the leasing of two bedroom/two bathroon'i"urtits to prospective
tenants with.disabilities.requiringfull-time caregivers.
6. Jlousehold Income,Requirements. Following the initial lease-up of the Housing
Units,andannually'thereafter; ihe DeveJoper shall submitto Ag~.ncy theincome"household size and
rent payable byeach,:of the tenants1of\the Housing Units, At the)igency' s request, the'Oeveloper
shall also provide to the Agenc)'completed income computation. and certification forms, in a form
acceptable t9 the Agency, for anysllch tenant or tenants. Devel()per shall obtain, or shall cause to be
obtained by the.Property'Manager,.a certification from eachnousehold leasing an Affordable Unit
demonstrating that stichhousehojd~is a Very Low Income Household, Extremely Low IncOlue
Household' or Moderate Income Hou.~ehoId, as.applicable, and,meetsthe eligibility requireinents
established forthe HousingUnit. Developer shilll verify, or. shall ,cause to be verified by the Property
Manager, the income certification ofJhehousehold'as set forth in S'ection 9 hereof.
7: ,petermination of Affordable Rent for the Housing ,Units. Each HousingUnit
,',---,. --- ,..- ..' ,- ,
shall be. rented' at an "Affordable. Reiit"to beestabl ished as proVided herein:
(a) The.maximum'rllonthly Rent for the Housing Units to be rented to Extremely
Low IncoltlC Households (less reason~lJ!e utility allowance )shaJl be established ~t not greater than
one twelfth .(11J.2) of,thi[type[gent'(30%)'ofthirty percent (30%) of Sail Diego Count)' median
income fodl faltiilyOfasize ajlproprihte to the Housing Unit (as defined in Health and Safety Code
Section 50053):
(b) The ma.ximum monthly Rent for the Housing Units to be rented.to Very Low
Income.f.Iousehol(Js (less reasonableutility.allowimce) shall be.established at'not greater than one
twelfth (1112) of thirty percent (36%)-offifty percent (50%) of San DiegoCounty.median income for
a family,ofasize'appropriate.to the.HousingUnit (as defined in Health.and Safety Code Section
50053).
(c) Themilxiriiummonthly Rent for the Housing Urtitsto be rented to Moderate
Income:Housebolds (less.reasona~le.utility allowance) shall be'established at not greater than one
twelfth{1l12) ofthirty percent (30%)ofninety percent (90%)ofSan Diego Count)'median income
for a family ofasize,appropriateto the Housing Unit (asdefin.ed.inHealth,and Safety Code Section
50053). In no everit"however,shalJ:thereiltal amoimt.charged.to Moderate Income Households
exceed'thefair.market.renial value.ofthe Housing Unit.
In.the.eventthat all utility charges are paid bythe-1andlord rather than the tenant, or
the tenilrits:ofthe Affordable Units,areotherwise not requirecltomake':any payments for utilities,'the
reasonableutiliiY allo.wfillce for purposes of calculating Rent hereunder shall be zero.
8. Relationsliip'to Tax CreditRequimuents. Notwithstanding any other provisions
ofthis'Regulatory Agreement; to the extenFthat the regulatoryagreerilent executed by the Developer
as areqtiil'emerit,ciffeceiving the Tax Credits (the "Tax.Credit Regulatory Agreement") is less
restrictivewiih respectto the. requirementsappJicable to tenant.selection, tenant income levels and
5
DOCSOC/959470v9/022345cOO81
. . 7856
unit rent levels ih~m'as'provided in this Regulatory AgreelTlent'and the DDA, this Regulatory
Agreement and theDDA shallicontro[
9. Verifications. Developer;shall verify, orsh(ll] cause its property manager to verify,
the incoine.ofeachproposed,andeJiistiiig,teriant of the Housing Uriits'inan appropriate,lTIanner on an
anriual'basis. Following the issuance;o(the Release ofConstructi()n Covenants,and on'or'before
Masch,3-l of each,year, Developer,Jls~n.expense of the Deve}opment, shall submittoAgency the
reports required pufsuantto Healthal1d'Safety Code Section 33418, asthe.same maybe amended
from time to time, with,each.such'report,to.be in the form pr~scrib~d by Agency Each annu(llreport
shall cover the immediately prec~diI}g fiscal year Representativesiofthe Agency shall'beentitled:to
enter the Site, upon at leasttWenl)',"fciut (24) hours notice, tohiorlltoYcompliance with this
Regulatory,Agreement,to inspectthe.records of the Development; and to conduct an'independent
audit or inspection of such records, }l1e.Developer agrees to cooperate with the Agency in making
the Site,and theDevelopment'avililabkfor such inspection or audit. Developer agrees to maintain
records in busiilesslikemanm,r,and to maintain such records forthe term of this Regulatory
Agreement.
10. Marketing Plan. Developer shall submit for the'approval of the Agency, which
approval shallnotumeasonably be withheld, a plan for marketi,ng tbe rental of the Housing Un*
Such marketingpla!l shall ins;ludeia plaIJ forpublicizingthe'ilvailab.\liWof,the Housing Units within
the City, and for notifying employees 6fbusinesses located ill the City, such as noticesjn'any,City
sponsored newsletter, newspaper. advertising in local newspapers and notices in City offices, The
marketingplan,shall require r:j~veloperto'obtain.from the Agencythe,names oflow and-moderate
income persons who haveibeen displaced.by the Redevelopment'Broject, and to notify persons on
silchJistofthe:availability of units in' the Development prior to undert,aking other forms of
marketing. The.m.arketing planisha[I provide that the persons on such;list'ofdisplaced persons'oe
given not fewer than ten (1 0) days , ilfter receipt of such notice to respond by completing appljcation
forms for rental of Housing Units,jas applicable.
11. Management Plan., The Developer shall submit{orthe reasonable approval of the
Agency,a "Mamlgement Plan" which;sets.forth in detail the Developer's property management
duties, a tenant'se\ectiori pfocess,:a,secuiity..system and crime wevention program, the proceduresJor
the collection of rent; theprocedure,sJoreviction of tenants, a.qonflictresolution program, the niles
and.regulations ofthe Housing,ProjeCtand;mannerof erifortement,.'il.,standard lease fcinn;'an
operating budget,.the identityof:the,lTIanager of the Development'fthe "Property Manager"),and
other matters reltwant to the management of the Development. The'Management Plhn shall req'uire
the Developer to adhere toa'fair lease:and,grievance procedure, shall provide for. a reasonable .level
of both informal and .forma:! communications,betWeen,the,Property Manager and tel1ants'prlor to
enforcement oflease provisions and ruleS'and regulations, and sha!lprovia~;,!pla.nforie.rlant
participation il1r;nilnagemen.~ deCisions. The conflict resolution progfarii.shall provide for in-person
meetirigs-betWeen the Developer,.the'Property Mahaller and the Agency, at the Agency's option, in
the(eventofcomplaints byresidents.regarding the man(lgementciHheDevelopment, and shall further
pr()yjde'for'c.oriflictresolution trairiing.forall onsitepfcijJerty'managers. The management of the
Development'shall.oein comPliimce with the Managementl'lanwhich is approved by the Agency
ifthe.Agyncy determines;thatthe performance of the. Property Manager is deficient based
uponthe!stani,lilIaS;~et forpiint]}C'~al1agement Plan and in this Agreement,.theAgency shall.provide
notice,to;the.Developer()f such'defiCiencies (with a>copy of such, notice delivered to the Developer's
lilTlited parlner(as identified in Section 24 hereof, the "Limited:Partner") and the oeneficiaries uIlder
6
DOCSOC/959470v9/022345'008.1
" . .
7857
tlie:senior deeds ot,tfust(the"'Seniot,Lenders"), and the Developer, shall use,its:best,efforts to correct
sllch'deficiencies. In'theexe!1ttliat,such'd~ficiencies have notibeencl!redwithinth~time set forth in
Section.22'h~re9J;,and,the Agencyelects:to,require that the Propefty,Manager'soh-site,manager be
replaced (15ut withoutreqtiiring that the,managernent compa!1Y serving as Property Manager be
replaced), the Agency shall;haveJhe right ioreq\lire the Deveioper toimmediatelyremoveand
replace ihe oncsitemanager with,another on-site manager who.:is,reasonably acceptableJo the
Agency, who.is notfelated to oraffihatedwiih the Developer, and who has'not Jess,than five (5)
, .
years exnerience in property management, including significant experience managing housing
facilities ofthe si:z;e,quality and. scope of,the Housing Project; by delivery of written. notice to
Developer (with a copyofsuch,notice delivered to the Limited'Paiiher and the Senior Lenders). In
the event that such deficiencies have'.notbeen cured within the time set forth in Section'2Zhereot;
and the Agency elects to require'that the management company servingas.the Property.Manager be
repl'aced, tlie Agency shall;give:fifteendays written notice theieofto thebeveloper (with,a copy of
such noijce,delivere,d to the Limit~(;lPartner and.the Senior'Lende[s) The Agency's exercise.of its
rightstoreplace the,management company,serving as the Property'Maiuigeris subject to the prior
written'consent ofthe Senior lcenders, Upon receipt of the SehiorLenders'consent,ihe Agency
shall havetherightio requi[e!he Deyelop~r to immediately removemnd<replace the management
companyserving.as the PropertyfMiulager with another managemeritcompany which is reasonably
acceptable to the Agency and the Senior, Lenders, which is not related to or affiliated with'the
Developer; and which has:noflessthan,five (5) years experience in.property management; in'cluding ,
signific'antexperience,managingliolisi'ngJacilities ofthe size,quaill)cand scope of the Housin'g'
Project, by delivery,ofwrittt!n nodce to Developer (with a copy of such notice delivered to the
Limited Partner"and.the'Senior Lenders),
, 12. ResidentServices. Developer shall at all times provide'services, activities and
programSJhataremutuaiIy&,tem{lned.by the Developer, Agency and the residents oftlie
Development to be appropriate tp'theneeds of the resident population. The specific types of
programs 'shall bedeiermined'.inconsultation with Developmentresidehts. The Developer. shall
submit for the.approval of the Agencis Executive Director or.designee:a detailed "Resident'Services
Plan" which sets forth in detail,the se~ices,activities and prograllls,to'be,providedto residents of the
Development The Developer shall annually submit to the Agency anujJdated.Resident'serVices
Plan, which shall also,be subjecUo the prior written approval of.theAgency's Executive Director or
designee.
13. Maiittenance'of Site. Developer agrees fof.itselfand its successors In interest to all
or any portion oftlie':Site, from and,after the Commencement,oftI,eGround Lease, tl? maintain the
~ .. ,.:.. .
Development in conformity with,theCity Municipal Code and tlie conditions set forth.in the Ground
Lease and the RegUlatory Agreement, and. shall l<:eepthe'Site free froqpnyaccumul.i\tion of debris or
waste materi}ls.. During~uchperiod, ,the Developer shall also,maintainthe landscaping planted on
theSitein,aliealthy condition, If,atanytimeDeveloper fails to maintain the Site and such condition
is not.corr~cted within five days; after writ!enmotic~ from Agencywithrespeclto:graffiti, debris,
. .
waste material"and.gerieralmaintefiance; oHhirty days after written notice from Agency with respect
to landscapihg:alld.building improve!llents, then Agency, in addjtiOlrio whatever re!lledy it may have
at.Jaw or:it'e_qujty,~hall have the right to: enter upon the applicable portion of the Site and perfonTI all
acts and work':necessaryto protect, maintain, and preserve the improvements and landscaped areas
on the'Site,and:toJattach aJien'upon'theSite, or to assess the Site, in the amoun,t.ofthe expenditures
arising,from sucl}~gts,an!iw()rkofpr()tection, maintenance, an~'preservation by Agency and/or costs
of such cure, including a fifteen,percent (1-5%) administrative~harge, which amount shall be
promptly paid by Developer to Agency upon demand.
7
DOCSOC/9594 70v9/02234 5-0081
. . 7858
14. Nondiscrimination Covenants. Developer covenants,bY'and for itself and any
successors in,interest thatthere shallb~ no discrimination.against;or;segr~gation of any person or
group of persons OIl '!Cco.u1)t;of.;race;.color"creed, religion"sex,.fuarititl status, national origin or
ancestrycin'thesaJe,lease,sublease, transfet,.use, occuparicy, tenure or enjoyment of the Site, nor
shall the Developer itselfor,any person claiming under or throughoit establish'or permit any such
practice or practicesofdiscrirnination',or segregation with reference.tolthe selection, location,
number, use or occupancy of tenants, lessees, subtenants, sub lessees or. vendees of the Site or any
portion thereof The foregoing:covenanis,shall run with the land,
Developer shall not
a. discrimil1~te'agaiI)st or harass anyperson,because of the race, color, religion,
sex"sexual orieritation, maritaLstatus,hational origin, ancestry, familial status, source of income, or
disability of that person.
b. make or cause to be made any written or ora["inquiry concerning the race,
color,religion, sex, sexual orientation"marital status, national.orlgin,imcestry, familial status, or
disability of aiiyperson seekirig to rent or. lease any Housing Unit.
c. make, prillt,-or publish, or cause to bemade"printed, or published any notice,
'staternent, or ~dvertisement, with respeCt to the rental of Housing;Units that indicates, any preference,
limitation, or'discriminationbased.on race, color, religion, sex"sexual orientation, marital status,
national origin,ancestry, familiaLsiatus;.source of income, or disa,bility or an intention to make that
preference; limitation"or discrimination.
d: discriminate-against any person on the basis of ~ex, sexual orientation, color,
race, religion,ancestry,riational origin, familial status, marital status, disability, source of income; or
on any other basis prohibited by Civil Code 51.2,
e. harass, evi_ct, or otherwise discriminate against any person in the sale or rental
of housing accommodations when the owner's dominant purpose is retaliation against a person who
has opposed practices unlawful under.,this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in any]mjceeding under this part,. or has
aided orericouraged a person toexercise,or enjoy the rights secured by this part, Nothing herein is
intendedto.causeor permit the delayof.;anunlawful detainer action.
. f aid, abet, incite,compel, or coerce the doing of any of the acts or.practices
prohibited by this section, orto:attempi io do so.
g., otherwise'make unavailable or deny a.Housing Unit based on discrimination
because.ofrace,color,religioh,sex, sexual orientation, familial status, source of income, disability,
or national origin.
All deeds, leases or coritracts shall contain orbe subjecttosubstaritially the following
nondiscrimiriation or riorisegregation clauses:
In deeds: "Thegrahtee;herein covenants by and fodiimself or herself,his or her heirs,
executors? administraiors and assigns, and'all persons claiming under or thrpugh them, that there
shall,be no,discrimination against or segregation of, any persOl)'or group of persons on account of
8
DOCSOC/959470v9/022345-0081
" . .
7859
race, color, creed,Teligion, sex",mafitahstatus, national origin.or,ancestry,in the sale, lease, sublease,
. .
transfer, use, occiipancy, teiiiire'or enjoyment of the land herein conveyed; nor spall the grantee or
any person claiming l!nder:or through'him.or h~r, establish grpermit:anysuch'practice or practices of
discriinination:or.segregation with reference to the selection, location, number, use or. occupancy of
tenants, 'lessees".subtenants,isublessees or Vendees in the land herein conveyed. The foregoing
covenants:sh:iIl'run with the land."
In leases: "'The lessee herein covenants by and for'himselfor h~rself, his or her heirs,
executors,administrators,.alldassigns, and all persons claiming under. or through him or her, and this
lease is made and accepted upon.and subject tothe following conditions:
"That there shall ,be no di~crimination against or segregation of any person.or group of
persons, on accountofrace"coloi,creed, religion, sex,.mafitiH status, national origin, or
ancesrryin the leasing, subleasing, transferring, use, occ\fpangy, tenure, or enjoyment of the
premises herein leased nor shall,the lessee himself or herself; or any person claiming under or
through. him or her, establish. or. permit any such practice or. practices of discrimination or
segregation with referenc~.((),!he selection, location, number;:,use, or occupancy oftenants,
lessees, sublessees, subtenants, or vendees in the premises'herein leased:'
In contracts: "Th~re ~I\all~e ]10 discrimination against or segregation of, any person"or
group of-persons on accounf of race"ccilor, creed, religion, sex, niaritaLstatus,nationaLorigin, or'
ancestry, in the sale, lease, sublease;.transfer,.use, occupancy, tenure ,or enjoyment of the premises,
nor shall. the transferee hims~lf or herself or'any person claiming under,or through him or her,
establish, or permit any suchpractii:eor practices"of discrimination or segregation with reference to
theselection,Jocation~number,use or occupancy of tenants, lesse~s, subtenants, sublessees or
vendees of the premises."
15. Effect otViolation.ofthe Terms and Provisions;of'this RegulatoryAgreement
After COmpletion of Construction. Agency is deemedthebeneflCiary'ofthe terms and provisions
of this Regulatory Agreement and of.lh'e covenants runningwith,thdand, for and in its own right'and
for the purposes of protecting the,interests o(the community and otJler parties, public or private, in
whose fayor and for whose benefit,this Regulatory Agreement and the coVenants running with the
land have.been provided, without regard to whether Agency has been, remains or is an owner of any
bnd or interesttherein.in the;Siteor inthe Redevelopment Projec!.Area. Agency shall have the
right, if the Regulatory Agreementis,breached, to exercise all rights andremedies"and to maintain
allY actions orsuits:at law or in.equity or other pr,oper proceedings:to enforce.thecuring of such
breaches to which it or any otherbeneticiariesofthis Regulatory Agreement may be entitled.
16. Developer Precautions AfterComlllencellle,nt of Grl!und-Leas,e. Developer shall
take all necessilry,. precautions ,to prevent the reI ease .into. the .envir6iih1ent'of any'Hazardous. Materials
which,are.located ift, on or under..the Site. Suchprecautiollsshall,include compliance with all
Governmental Requirements withrespecHo Hazarcious ryIaterials: In:addition, Developer shall
install and.utiliz<;, such. equipment and implemerit and adIlere.to'such'piocedures 'as are consistent
with commercially' reasonable standards as respects the disclosure, storage,use, removal and disposal
of Hazardous Materials.
17. DeveJ!lP~r ~isclo~uresAfter Commencement of:Ground"Lease. The Developer
shall notifY Agency, arid pfovide.toAgency a copy or c'opies,of all environmental permits,
disclosures, applications, entitlements, or inquiriesrelating t~the'Site; including notices of violation,
9
DOCSOC/959470v9/022345,0081
.-' . .
7860
notices to comply, citiltions,jnql1ines;c1eanup or abatement orders, cease,and'desist orders,reports
.filed pursuanttoiselfr~poriiI1g requir~mentsand reports,filed,or !lPplj~a..ti<:lns made pursuant to any
Government~l R~quirementrelating to Hazardous Materials. Develope1',shallreport to Agency, as
soon as' possible after each incident"any unusual or potentially important incidents with respect to the
.environmental,condition'ofthe Site: Iii the event ofa release:ofany:Hazardous Materials into the
- - . . . .- .- - "'. .... . . ." ~,~",.'
environment; Deye!oper shall, assoon:as'possible after the release, furnish to Agency a copy of any
and all reports,ielatihg.theretoandcopies Mall correspondence with governmental agencies relating
to the release, Uponrequest; the Developer shaJI furnish to,Age,ncy a copy or copies of any and all
other environmental entitlements ()Linql!iries relating to or affecting,.(he Site including, but not
limited to, allperinitapplications;,perinits'and reports incll1ding"without limitation, those reports and
other matters which may be charaCterized as confidential.
18. Developer Indemnity. Developer agrees to indemnify, defend and hold Agency
harmless from and against any claim, action, suit, proceeding, loss,cost, damage, liability,
deficiency, fine, penalty, punitive damage"or expense (includil1g, without limitation, attorneys' fees),
resulting from, ~risingout of, or based' upon (i) the release, use, generation, discharge, stOrage or
disposal of any Hazardol1sMatenals.on, under, in or about, or the, transportation of any such
Haiardousl\1aterials to or from, iheSitewhich occurs during thqerm of the Ground Lease, or (ii)
the violation, or alleged violation, of any statute, ordinance, order; rille, regulation, permit, judgment
or Iicense,relating to the use, .generation, release, discharge,. storage, disposal or transportation .of
Hazardous Materials on, under, in or about, to or from, the Site which occurs duringthe.term of the
Ground Lease. Thisindemnityshiilhnclude, without limitation, any damage, liability, fine, penalty,
cost oHxpense,arising from of'out of any claim, action, suitor proceeding;iIlcludinginjunctive,
mandamus; equity or action at law, for Rersonal injury (including sickness, disease or death), tangible
or intangible property damage, compensation for lost wages,businessincome, profits or other
economidoss; damage.to the'naturalresourceor the environment, nui~ance, contamination, leak,
spill, release or other adverse effect omtheenvironment. Developer shall not be responsible
hereunder for the foregoing with'reS]'lect to Hazardous Materials which were present on the Site upon
or prior to the date of this Regulatory Agreement.
19. Compliance with,Laws, Developer shallcarryounhe design, construction and
operation oftj1e Development in conformity with all applicablehiWs, including all applicable state
labor standards, the CIty zoning,and development standards, building, plumbing, mechanical and
electrical codes, and all other provisions of the City MunicipalCode, and all applicable disabled and
handicapped access requirements, including without Iimitation,theiAmericans With Disabilities Act,
42 U.S.C:Section 12101, et seq., Government Code Section4450, eVseq" Government Code Section
11135, et seq., the Unruh Civil RightsAct, Civil CodeSeetion 51, et seq., and the California
Building Standards Code, Health and Safety Code Section 18900, et seq.
20. NondiscriminationHn Employment. Developer.certifies and agrees that all persons
employed or applying for employment by it,.its affiliates, subsigia.ries, or holding companies are and
will.be treated ,equally by it withoutregard to, or because ofrace, color; religion, ancestry, national
origin"sex, sexual orientation, age, pregnancy, childbirth or related-medical condition, medical
condition (cancer related) or physical or mental disability
21. 'Faxes and Assessments. Developer shall pay prior to delinquency all ad valorem
real estate taxes and assessments on the Site, subject to the Developer's righHo contest in good faith
any such taxe's. The,Devei6p-ermay,apply for and receive:anyexemption from the payment of
property taxes or assessments on any interest inor to the Site without the prior approval of the
10
DOCSOC/959470v9/022345-0081
. . .
7861
Agency
22.. Defaufts'ilndJtemedies. Defaults of this Regulatory,Agreementand remedies
therefor shall,be,governedby the provisions of Sections 601 to 6lOofthe DDA.
23. Waiver of Terms a,!d €()Dditions. Any party may, in its sole discretion, waive in
writing anyofthe'termsand conditioris,ofthis Regulatory Agreement. Waivers of any covenant;
term,or condition contained hereili shall not be construed as,a waiver'ofany subsequent breach of
the.same.covenant; term, orconditiQl1,
24,. Notices,Demands,and Communications.Between.the':Parties. Any approval,
disapproval, demand,document,orother notice,("Notice") which either party may desire to give to
.tneiother party under this Regulatory Agreementmustbe in WIiti,llgand,may be given either by (i)
personal s.eniice, (ii) delivery by reputable document delivery service sucli as Federal Express that
provide's a receipt'showing date.and,tiineofdelivery, or (iii) maillngin the'United States mail,
certified mail, postage prepaid;return,receipt requested, addressed lothe address of the party as set
forth below, or at any other address as that party may later designakHy Notice.
To Agency Po",ay Redevelopment Agency
P.O Box 789
poway; California 92074-0789
Attention: Assistant Executive Director
To Developer: Community HousingWorks
J820 S. Escondido Blvd., Ste. 101
Escondido, CA 92025
Attention: Executive Director
With a Copy to. NEFAssignment Corporation
(While a Partner 1'20So.11thRiverside Plaza, 15th Floor
in Developer) Chicago, 1l1inois 60606
f\,ttentlon:General Counsel
Anywrittennotice;deiniind or communication shall be:deemed received immediately
upon receipt; provided, however,.(hat refusal to accept delivery'afterreasonable'attempts thereto
shall constitute receipt. Anynotices.atteinpted to be delivered to an,address from which.the
receiving,jlartyhiis moved without notice shall be effective on the third day from the date'ofthe
attempt.id"deJivery or.deposiLin the United States mail.
25. Non'Liability of0fficials and Employees of Agency and Developer; No member,
official, offjcer,or employee:off\gency or the'City shall ,be personally liable to the Developer, or any
suc~essor in interest,irithe'event of,any Default or breach by Agency (or the City) or for any amount
which may;becomeidueto.theDeveloper or its successors;,or on any,oliligations under the terms of
this' Regulatory Agr.eernellt. No.member, official, officer or employee of.Developershall be
personallyliable to the Agency"or any successor in interest,in the.event of any Defaultor breach by
DeveloperorJor any,. amount which may become due to the Agency or its successors, or on any
obligations under,ihe.terms oftnis Regulatory Agreement.
26. Time. Time is'ofthe'essence in this Regulatory Agreement.
11
DOCSOC/959470v9/022345.0081
-, . · 7862
ri. Successors afict'A:ssigns. This.Regulatory Agre_ement. shall run with the land, and all
of the tems, covenants ,!nd'cQn,Jijiolls of,this Regulatory, Agre~rn.en!'s>hallbe"binding upon the
Deyeloper and th~ Age!l9ymlld:.!he permitted' successors and assigns Of the, Developer and the
Agency WherieVe6tlle'.!erin "Developer," or "Agency" is used in this Regulatory Agreement, such
term. shall inClude any other successors amI assigns as herein'provided.
28. No Third.P.!lrtil~s.Bll!lefited. This Regulatory.A'greementis made and entered into
for the sole protection and benefit ofothe Agency and its success6rs:aild assigns, the Agency and its
successors and assigns, andD,eveloB-er and Its successorsand'assigns, and no other person or persons
shall have any rightofaction;hereon.
,
29. Partial Inva!Idity...If any provision of this Re'gulatory Agreement shall' be declared
invalid, illegal, or1:nieriforc'eable, the validity, legality, and. enforceability of the remaining provisions
hereof shaIrnot in allY way be affected or impaired.
30. Goxerning:La~, This,Regulatory Agreement,shall be 'construed in accordimce with
and ~e"governedby thdaws.6fth6State,6f California, Anyreferences herein toparticular, statutes or
regulations shall be deemed.to refer to successor statutes or regulations,.or amendments,thereto
31. Amendment. "J.1iis Regulatory Agreement may notbe.changedorally, but only by an
agreement in writing signed J:iy Developer and the Agency
12
DOCSOC/95947ilv9/022345'008 j:
. '863
I
INWITNESS'WHEREOF;Agency and the Developer have ',executed this Regulatory
Agreementas ofthedatedirst'setforth above:
AGENCY:
POW A Y REDEVELOPMENT AGENCY,.a public
body, corporateahd politic
By. ~
Rod Gould, Executive Director
~TIhw
j..~
. gen y Secretary
&.Rauth
bunsel
DEVELOPER:
COMMUNITYRO~.HOUSING ASSOCIATES,
L.P., a California limitedpartnersnip
By: Community HousingWorks,a California
nonpropt public benefit corporation, its
General Partner
By: and CEO
13
DOCSOC/959470;;9/022345-008\
~. 112.gr
A R Y
.~
~
aj APPRQxo,UT[LY
.. 6" TO 9" H'G/t
P,"'lA~..E ......1.
(i) I
I
I "
I <0'
I
- ,
I
Eo< @)
z:
I'ol PARCEL A
~ ~
~
U 3 g
< "0
. ~
Eo< H
Eo< ~,
< . . "
",;" ~ ..
AP~(lX'~Am.y
S.T09....fCtj ~
OLAN,AI3LE:WAlL
0
,
\ ~.
"""""'"
"" ,.
. ~,~
~llIAO<
..;:
495
0
113.97"
~.
~ . ~ - -
SCIl.E:T'..2O'
FEBlU...IYl<f,1005
fUIlU...IY 18,200'
~ Coqununity :~:z: C OMMUNITY ROAD D EVELOPMENT lit RODRIGUEZ> SIMON ~
_ HousmgWorks:::'"'~= P OW A Y CALIFORNIA DESIGN ASSOCIATES
. . :':..';.:"'.J.'o.;~':"'..._ '';:,..".~.. '~.':.
. ATTACHMENT "2" ~65
. PARCEL "c" OF CERTIFICATE OF COMPLIANCE RECORDED J.ULY 6, 2005 AS FILE NO
2005-0566608 OF OFFICIAL RECORDS AND DESCRIBED.'AS FOLLOWS
ALL OF THE. LAND CONVEYED TO KENNETH A LUDDEN. ,PER BOOK .2362, PAGE 54 OF
OFFICIAL RECORDS, RECORDED FEBRUARY 28, 1947, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, TOGETHER WITH ALL OF THE LAND CONvEYED TO KENNETH A. LUDDEN ET AL
PER DOCUMENT NO, 102837, OF OFFICIAL'RECORDS, RECORDED JUNE 15, 1961, SAID
COUNTY, SAID STATE; TOGETHER WITH ALL OF THE LAND CONVEYED TO POWAY MUNICIPAL
WATER DISTRICT PER DOCUMENT NO 86033, OF OFFICIAL RECORDS, RECORDED MAY 18,
1961, SAID COUNTY, SAID, STATE; TOGETHER WITH A PORTION OF LAND CONVEYED TO
JEFFRIES ET AL PER DOCUMENT NO 1991-0468067" ALL OF OFFICIAL RECORDS,
RECORDED SEPTEMBER 12, 1991, SAID COUNTY, SAID STATE; ALSO BEING A PORTION OF
THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER NORTH OF SAID SECTION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER NORTH 89000'02" WEST, 344 90 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 08018'07" WEST 144 77 FEET.; THENCE SOUTH 26003'03" WEST
82 70 FEET; THENCE BOUTH 25035'34" WEST 167 66 FEET TO A POINT ON THE WESTERN
PROLONGATION OF THE NORTH. LINE OF LAND CONVEYED TO ERNEST H PEACOCK ET AL, BY
DEED RECORDED SEPTEMBER 2, 1953 IN BOOK 4974, PAGE 78 OF OFFICIAL RECORDS,
COUNTY OF SAN DIEGO; THENCE EASTERLY ALONG THE PROLONGATION OF THE NORTH LINE
OF SAID PEACOCK'S LAND, SOUTH 89000'02" EAST 2 86 FEET TO THE NORTHWEST CORNER
OF SAID .PEACOCK LAND; 'THENCE EASTERLY ALONG THE NORTH LINE OF SAID PEACOCK
LAND NORTH 88000'0211 WEST, 408 44 FEET TO THE WESTERLY RIGHT OF WAY OF
COMMUNITY ROAD; THENCE,.NORTHERLY ALONG SAID RIGHT OF WAY NORTH OP53'32" EAST
106 97 FEET; THENCE SOUTH 89000'02" EAST I 00 FEET; THENCE NORTH P53'32" EAST
60 01 FEET; THENCE NORTH 89000'02" EAST 1 00 FEET TO THE WESTERLY RIGHT OF WAY
OF COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTH 1053'32" EAST
46 43 FEET; THENCE NORTH 89000'2I" WEST 112 09 FEET; THENCE. NORTH OP 53' 31" EAST
104 51 FEET; THENCE SOUTH 88006'29" EAST 6 45 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 37 50 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39051'23" AN ARC DISTANCE OF 26 09
FEET; THENCE NORTH 52'02'08" EAST, 23 26 FEET TO A POINT ON THE SOUTHERLY RIGHT
OF WAY OF HILLEARY PLA~E .AS DESCRIBED IN EASE~ENT FOR RIGHT OF WAY AND
INCIDENTS FOR A PUBLIC :STREET, DOCUMENT 1992-0093381, OFFICIAL RECORDS
RECORDED FEBRUARY 21, 1992, SAID POINT IS ALSO THE BEGINNING OF A NONTANGENT
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75 00 FEET AND A RADIAL TO
SAID POINT BEARS SOUTH 37034'04" WEST; THENCE .NORTHWESTERLY, SOUTHWESTERLY AND
NORTHERLY ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE COURSES
THROUGH A CENTRAL ANGLE OF 28012' 08" AN ARC' DISTANCE OF 36 92 FEET TO A POINT
ON THE NORTH LINE OF SAID SOUTHEAST QUARTER, SAID POINT IS ALSO THE BEGINNING
OF A'NONTANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 74 00 FEET
AND RADIAL TO SAID POINT BEARS NORTH 20057'53" WEST; THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 25037"29" AN ARC DISTANCE OF 33 10 FEET;
THENCE NORTH OP53'31" EAST 20 68 FEET. TO A POINT ON THE NORTH LINE OF SAID
SOUTHEAST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER NORTH 89000' 02" WEST 179 88 FEET TO THE TRUE POINT OF BEGINNING
APN 317-101~53
ATTACHMENT "2"
. . 7.6
.
CAI.IFORNIA .ALL-PURPOSE ACKNOWLEDGMENT
- ., 4_'0' ~". "-~-' ~. " - ---- "". . P,;;:;u..._. - ",,- - ,,- .i0~#.<X-~AX'&:-~,C('.<X'.<w~,C('.c<';
. ,
,
State Ofcaliforni..a }
ss.
County of San Di ego '
I
On Z '\l.\ .W , before me, She 11 evGo11 ins. Nota ry Pub 1 i C _,:
personally ap;::red _~D(\ (,Du.I'(\"d TItI. of Off"" leg , "".00' Not',",P"b''''':
Name(s}ofSlgn.eris)
p.fJersonally'knowo tome
I ~. .-- -- ..... ._..-. ...... .:.......-..-. ".- - - r D proved to me on the basis of satisfactory
" . SIl&E'ICOWNS' evidence
. . " . eomriiisaiOriiJ 1446363
.:$.. NoIary PubiIc 'catlIomIa b h . . ... ,.A"": h '. f 0:>' C1h.~
2.' . . . sanDi990'COUnIy. to e t e persoQ('i I w ose oame.,.., ~
~. 'MyComm,'Expm.i0ci21;2OO71' subscribed to the' Within Instrument and
_ _ _ _ _.;.. '_ ..; _ _...; _) aCknoW.ledged to meth~/ti>e}7 executed
the same. in ~tl:l9i< authorized.
I capacity(ieSf, aorrhatby @-1t~ ,
, signature(BfOnthe,instrumentthe person(s), or "
: the entity upon behalf of which the personp.r- ,:
I acted, executedlhe;instrument.
I,
I,
Place Notary Seal Above
I
I' ,I
I OPTIONAL I
I' Though the informationbe{ow~isn(jt"'e(iWred by law, it may prove vaJuable't6 persons 'relying on'the document .1
1 and'couldprevenl fraudulent 'removal and reattachment oftnis"fc5irir!o'anotherdoGument. ,I
, 'I
I Descriptioo of Attache~eot . ~ )-t
,: Title or Type of Docum~nt' . U(ltcY~ .' eQ./Yl&:
:' Document Date ~A,)VlJ\/l,iLj, LI,LWlp Number of page~ J':; .:
I Signer(s)..Other Than Named Above n~dS DlilA1t 2~a:
. .
I,
, Capacity(ies),Claimed by Signer
[, Signer's Name: .
[. ~. .
o Individual Top of thumb here. 'j
I, D Cf)rporate'Officer -litle(s): "
!' 0 t;atJner - 0 Limited 0 General
;. D Attoiney ih,Fact
I .D Trustee
I. 0 Guardian or Conservator
"
I, D Other' "
I ,
Signer,'ls Repf~sefltiflg:
I
I- . _ _ ..
t,' '. ~'gv~"gJ'CV'gV'g,;,~...g,~~'g<j~~~~'C(,,~'GV~~'g;;.~m--cu; - ~l
e 1999 NaikJnal Noli.iry Association. 9350 De Solo'Ave.; P.O. BQX 2402 . ChalswCiith, CA 91313 2402' www.oationalnotary,org Prod. No. 5907 Roorder; CaJl TolI.Frw 1 600.8766827
, -'
, . . 7.7
.
.
STATE OF CALIFORNIA
COUNTY OF 5aJl. bwtjD-
On ~/bV~20Clt S , Notary Public,
personaliy appeared L,1)\ ctM '- S~ Q a..
v6 personally known to me
-or-
0 prove(i to me on the basis of satisfactory evi4ence to be the p~#" whose name(~~'
subscribed to. the wit~in' instrulI)ent and aCknowle~me ~hat 0J.eIt\)lry"executed the same
m~~ authonzed"capaclty(i.es), and that by . (theif slgnature{5") on the mstrument the
persi:lll~r the entity upon b,eJ.ialfofwhich the personwacied, executedihe instrument.
~----~~:-~. WITNESS my hand alid.officiaLseal.
~~~rD1 Q~
-. Nolc.v PUblIc - CaUfomla f
San DIego CoUnty -
"MyComm. ExpIres Oct21. 2007
OPTIONAL
Though Ihe data below is not required by law, it may prove valuable to persons relYIng on the document and could prevent
fraudulent reattaclnnent.ofthis form.
CAPACITY CLAIMED BYSIGNER DESCRIPTION OF ATTACHED DOCUMENT
D Individual'
D Corporate Officer
Title(s)
D Partner(s) D Limited
D General
D Attorney.ln-Fact 1'5
D Trustee(s)
D Guardian/Conservator Number Of. Pages
D Other:
~}gner is representing:
Name Of Person(s) Or, Entityties)
DOCSOC/95 94 70v9/022345-0081
~ '/ - --- ----- -
l ";' ., lf68 tq
., , ' '
,"
CALIFORNIA ALL-PURPOSE.ACKNOW~EQg!\llENT
~"i~~Xjii5t:-~Gf('~.F!<'t~~~=^~^,--:>r~~~~~~~~~~
State of California } ss
County of 9;>A-Y0 'VI E~ 0
On Fa,'?LI/l.l1.t 15,;)00C. before rne, CILa7:- Pc7lNA-D 0
Date Name and Tille ofOfficer"(e.g:,. Jane Doe, Notary Public")
personally appeared SUSl'l-n/ m. ,(E-y,ttJOL.!2.5
Name(s)oISigner(s)
fl11ersonally' known to rne
0 e cto
to be the perso~'Whose narn~ is/~subscribed
to the within instrument and acknowledged to me that
Jj- :'='~.::: I h~e/ti:lejr e!,etuted the same in IJi8fITe r/t h sir'""'
authorized capacity~ and that by Welher/th9if-
i. Notary PubIJc - Calircmla ,I signature\8fon the instrument the person~ or the
j - . San Diego COun1y d entity upon behalf of which the person~acted,
executed the instrument.
.... _ _ ~:~:.~~2~2 -
.
WITNESS
Place Notary Seal Above
OPTIONAL
Though the information befow-is.not required by. law it may prove vall!.able top ring on the document
and could prevent fraudulent removal and reattachment of this form,to'another document.
Description of Attached Document '(<,E h LA t,:A- \"O€L " ~~"Ern6NT
Title or Type of Document:
Document Date: rp~/I 0//0 b Number of Pages: I!J
Signer(s) Other Than Named Above: !mo~IIL-[)/ L. 1)\fJ.W~>tI-Cl'l- 7JOG .(,o~
/
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer ~ Title(s): o Corporate Officer - lIt1e(s):
o Partner - 0 Limited 0 General o Partner - D.Limited 0 General
o Attorney in Fact . o Attorney in Fact
Top of thumb here Top of ',humb here
o Trustee o Trustee
o Guardian or 8onservator D Guardian or Conservator
o Other' o Other'
Signer Is Representing: . Signer Is Representing:
~~~~~~~~~~~"g;;"'Q{;.'C(,.~~~~~~~-c.v~~~~~'Q(.."Q(;,~...;g.(,..g
@2004NationaINotaryAssoCiation'9350DeSoloAve., P.O. Box 2402' Chatsworth, CA 91313.2402 (temNo.5907 Reorder. Call Tol/-Free 1-800-876"6827