Regulatory Agreement 2000-0254329
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"'RECOR[j/~G REQU,ESTfD S'
COMM~NWEAlTH LAND 'TITLE COMPN'lY
;, lllic6rWrN(, REQUESTED BY:
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AND WHEN RECORDED MAIL TO:
DOC . 2000-0254329
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2000
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Poway Redevelopment Agency
P.O. Box 789
Poway,California 92074:0789
Attention: Executive Director
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SIlITH, COUNTY RECORDER
- ill! TlIII m~ 1111 r
2000.0254329
This document is cxemptJrom tile payment of a recording fee pursuant to
Government Code Section 27383.
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REGULATORY AGREEMENT
THIS REGULATORY AGREEMENT (the "Agreement") is entered into as of April 18,2000, by
and between the'POW AY REDEVELOPMENT AGENCY, a public'.body, corporate and politic (the
"Agency"), BROOKVIEW SENIOR HOUSING PARTNERS, a California limited parthership (the
"Developer"), and SAN DlEGO'INTERFAITH HOUSING FOUNDATION, a California nonprofit
corporation (the "Nonprofit").
RECITALS
A. In furtherance of the objectives of the Community Redevelopment Law of the State
of California, Health and Safety Code Section 33000, et seq. (the "Act':), the Agency and the Developer
desire to develop certain real property within the Paguay RedevelopmentProject Area, identified as
Assessor's Parcel Nos. 317-521-02, 03, and 04, as shown on the Site Map which is attached hereto as
Attachment No. I and incorporated herein, and as more fully described 'iir the Legal Description which is
attached hereto as Attachment No. 2 and incorporated herein (the "Site"). The Site is approximately 6.7
acres in size and is owned by the, Agency. The Site is located onthe.southwestcorner.ofPomerado,Road
and Robison Boulevard in the City of Po way, California (the "City"). '
B. The parties have entered into a Disposition and'Development.Agreement(the
"DDA"), whereby the Agency has agreed to ground lease the Site to tlie Nonprofit, the Nonprofit has
agreed to then sublease the Site to Developer, and the Developer has agreed to develop a housing project
(the "Development") on the Site. The Development will generally consist of a ohe hundred two (1 02) unit
senior citizen apartment complex. The Development is intended to implement the Agency's goals ahd
obj"ctivesunder the Act to provide.decent, safe,and sanitary housing for persons and families of 10)V.a,nd
moderate-lneome; and to increase, improve and preserve'housing available ataffordable housing cost t6
personsand'families oflow andtnoderate income, pursuant to the Redevelopment Plan and Health &
Safety Code Sections 33334.-2, et seq., and 33413.
C. The execution and recording of this Regulatory Agreement is a requirement of the
DDA.
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NOW,THEREFQRE, the.parties hereto agree as follows:
. ioo. DEFINITIONS
"Act" means the'Commuiiit)> Redevelopment Law ofthe' State..of California, Health and Safety
Code Section 33000, et.seq., as the same, may from time to time be amended.
"ADA" shall mean the Americanswiih Disabilities Act of 1990,42 U.S.c. 9 12101, et seq., as the
same may from time,to time be amended.
"Affo,rdability Period" shall.meah the duration of the affordable housing requirements. which are
set forth in this Agreement; the DDA and.the'Ground Lease, as setforth in Section 402,2' hereof.
"Affordable Rent!' shall have the meaning set forth in Health and Safety Code Section 50053, as
further defined in Section 402.5 hereof
"Agency" means the PowayRedevelopment Agency, a public body, corporate and politic,
exercising governmental fuhctions,andp.owers and organized and existing:underthe Community
Redevelopment Law of the State of California, and any assignee of or successor to its rights, powers and
responsibilities.
"Agreement" means this Reguiatory Agreement between-Agenpy, the Nonprofit and the
Developer.
"City" means the City of Po way, California, a California municipal corporation. The City is nota
party to this Agreement and shall llave'no obligations hereunder.
"County" shall mean the County of San Diego, California.
"DDA." means the Disposition,and Development Agreement entered-into as of June'30,1998.
between the Agency, the DeveJoper'and the Nonprofit, as amended' by the First Amendmentto Disposition
and Development-Agreement dated'as of June'29, 1999, as it may be further amended from time to time.
"Default" means the failure.ofaparty to'perform any actjon or covenant required by this
Agreement within the time peri9dsprovided herein followingnotke and. opportunity to cure, as set forth in
Section 501 hereof.
"Developer" means,.Brookview Senior Housing Partners, a California limited partnership"or its
assignee or transfereewhith'is permitted or approved pursuant to Section 603 hereof. The managing
general partnerofthe)Developer is and shall be Brookview Interfaith Housing Corporation, a.California
nonprofit corporation, or its~assignee or transferee which is permitted or approvedpursuantto Section 603
hereof.
"Developl1!ent" meatls,theseniorcitizen rental apartmentcoinplex and associated improvements to
be constructed'bythe'DeveJoper.upontheSite, all more particularly described in Section 301 hereof and in
the Scopeo{Developmeht which is' attached to the DDA.
"Dev.elopment'Plims" means those plans and drawings to be submitted to City for its approval,
pursuant to Section 301 hereof.
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"Extremely Lo.w Income Household" shall mean a household earning not greater than thirty-five
percent (35%) of San Diego County area median income, adjusted for household size, as set forth by
regulation of the California: Depaitmentof Housing and Community Development.
"Govemmental Requiremellts" means all laws, ordinances; statutes, codes, rules, regulations,
orders, and decrees of the United States, the state, the County, the City, or arty other politicaL subdivision in
which the Site is located, and of any other political subdivision, agency, or instrumentality exercising
jurisdiction over the Developer or the Site.
"Ground Lease" means the ground lease of the Site from the Agency to the Nonprofit dated as of
December 6,1999, a memorandum of which was recorded in the official records oftheCouhty recorder of
San Diego County on December 7, 1999, as Instrument No. 1999-0797116..
"Hazardous Materials" means any substance, material, or waste which is or becomes regulated by
any local governmental authority, the County, the State of California, regional governmental authority, or
the United States Government, including, but not limited to, any material or substance which is (i) defined
as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under 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 substance" under
Section 25316 of the California Health andSilfety Code, Division 20, Chapter 6.8 (Carpenter-Presley-
Tanner Hazardous Substance AccountAct), (iii) defined as a "hazardous material," "hazardous substance,"
or "hazardous waste" under Section 2550 I of the California Health and Safety Code, Division20, Chapter
6.95 (Hazardous Materials Release Respohse Plans and Inventory), (iv) defined as a "hazardous.,substance"
under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, '(vii) polychlonnatedbyphenyls,
(viii) listed under Article 9 or. defined as "hazardous" or "extremely. hazardous" pursuantto.Article II of
Title 22 of the California Code of Regulations, Division 4, Chapter20,,(ix) designatedas "hazardous
substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C: 91317), (x) defined as a "hazardous
waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C:j6901 eMeq.
(42 U.S.C. 96903) or (xi) defined.as "hazardous substances" pursuant to Section 101 of the Comprehensive
EnvironmentaLResponse, Compensation, and Liability Act, 42 U.S.C: 99601 et seq. Notwithsiani:ling the
foregoing, "Hazardous Materials" shall not include suchproducts.in quantities as are customarily used in
the construction, maintenance, rehabilitation or management ofresidential developments or associated
buildings and grounds, or typically used in residential activities in'a,manner typical of other comparable
residential developments, or substances'commonly ingested by a significant population living within the
Development, including without limitation alcohol, aspirin, tobacco and saccharine.
"Housing Fund" means the Agency's Low and Moderate Income Housing Fund, established
pursuant to Health and Safety Code Section 33334.3.
"Housing Units" means the individual apartment units within the Development to be construCted
and operated by the Developer on the Site, as provided in Section 301 hereof and intheScope of
Development.
"Moderate Illcome Household" shall mean a household earning not greater than that percentage'of
San Diego County.areamedian income (generally 120%),. adjusted for household size, which is set forth by
regulation of the California Department of Housing and Cornmunity Development, pursuant to Health and
Safety Code Section 50093.
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"Nonprofit" means San Diego Interfaith Housing Foundation, a California nonprofit corporation,
or its assignee or transferee which is .permitted or approved pursuantto Section 603 hereof.
"Notice" shall mean a notice in the form prescribed by Section 601 hereof.
"Redevelopment Plan" means the Redevelopment Plan for the RedevelopmentProject, as
originally adopted onDecember 13, 1983by Ordinance No. 117 of the' City Council of the City, and
amended on June 15, 1993 by Ordinance No. 415, as such redevelopment plan may be amended from time
to time, all of which are incorporated herein by reference.
"Redevelopment Project" means the Paguay Redevelopment Project"adopted by the City pursuant
to the Redevelopment Plan.
"Rent" shall mean the total of monthly payments by the tenants of a Housing Unit for use and
occupancy for the Housing Unit and faCilities associated therewith, including a reasonable allowance for
utilities for an adequate level of serVice, as defined in 25 California Code of Regulations 9 6918.
"Schedule of Performa/lce" means that certain Schedule of Performance attached to the DDA as
Attachment No.3 and incorporated, herein by reference, which sets forth the time for performing the
various obligations of the DDA and this Agreement.
"Scope of Development" means that certain Scope of Development attached to the DDAas
Attachment No.4 and incorporated herein by reference, which describes the'scope, amount, and quality of
the Development to be construetedby'the Developer pursuant to the tehns and conditions of the DDA and
this Agreement.
"Site" means that approximately 6,7 acre parcel of real property which is.owned by the Agency,
located on the southwest comer ofPomerado Road and Robison Boulevard in the City and more
particularly described in the Site Legal Description and depicted on the Site Map.
"Site Legal Description" nieans the description of the Sitewhich.is attached hereto as Attachment
No.2 and incorporated herein.
"Site Map" means the map of the Site which is attached hereto' as Attachment No. I and
incorporated herein.
"Tax Credits" shall mean Low Income Housing Tax Credits granted pursuant to Section 42 of,the
Internal Revenue Code and/or California Revenue and Taxation Code Sections 17057.5, 17058, 2361 oA
and 23610.5 and California Health and Safety Code Section 50199, etseq.
"Tax Credit Rules "means Section 42 of the Internal Revenue Code and/or California Revenue and
Taxation Code Sections 17057.5, i7058, 23610.4 and 2361OSatldCalifornia Health and Safety Code
Section 50199, el seq., as the foregoing may be amended from time to time, and the rules and regulations
implementing the foregoing.
"Tax Credit Regulatory Agreement" shall mean the regulatory agreement which may be required
to be recorded against the Site with respect to the issuance of Tax Credits, as set forth in Section 402.6
hereof.
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"Very Low Income.Household" shall mean a household earning not greater than fifty percent
(50%) of San, Diego Countyarea-median income, adjusted for household size;,as set forth by regulation of
the California Department of Housing and Community Development, pursuant to Health and Safety Code
Section 50105.
200. CONDITION OF THE SITE
201. Nonprofit and Developer Precautions. Nonprofit and Developer shall take all necessary
and reasonablepreeautionsto.prevent.the.release into the environment of any Hazardous Materials which
are loeated,in, on or under the Site. Such precautions shall include compliance with all.Governmental
Requirements with respect to Hazardous Materials. In addition, Nonprofit and Developer shall install and
utilize such equipment and implement and adhere to such procedures as are consistent with commercially
reasonable standards as respects the disclosure, storage, use, removahmd disposal of Hazardous Materials,
202. Nonprofit and Developer Disclosures. The Nonprofit and the Developer shall notify
Agency, and provide to Agency-'a copy or copies, of all environmental permits, disclosures, applications,
entitfements, or inquiries relating to the Site, including notices of violation, notices to comply, citations,
inquiries, clean-up or abatement orders, cease arid desist orders, reports filed pursuant to self-reporting
requirements and reports filed or applications made pursuant to any Governmental Requirement relating to
Hazardous Materials. Nonprofii and Developer shall report to Agency, as soon as possible after each
incident, any unusual or potentially important incidents with respect to the environmental condition of the
Site. In the event of a release of any Hazardous Materials into the environment, Nonprofit and Developer
shall, as soon as possible after therelease, furnish to Agency a copy of any and all reports relating thereto
and copies of all correspondence with governmental agencies relating to the release. Upon request, the
Nonprofit and the Developer shall furnish to Agency a copy or copies of any and all other environmental
entitlements or inquiries relating to or affecting the Site including, but not limited to, allpermit
applications, permits and reports ihcluding, without limitation, those reports and other matters which rimy
be characterized as confidential. The Nonprofit and Developer shall notify Agency of bankruptcy,
insolvency, receivership or other financial conditions that would materially impair the ability of the
Nonprofit or Developer to complete construction of or operate the Development.
203. Nonprofit and Developer Indemnity. Nonprofit and Developer each agrees to indemnify,
defend and hold Agency and.City, apdtheir officers, employees, agents and representatives, harmless"from
and against any claim, action, stiit,proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of,
or based upon (i) the release from the Site, use on the Site, generation on the Site, discharge from the Site,
storage on the Site, disposal on or from the Site, or transportation.to or from'the.site of any Hazardous
Materials during the term of the Ground Lease, or (ii) the violation, or alleged violation, of any statute,
ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release,
discharge, storage, disposal or transportation of Hazardous Materials on, under, 'in or about, to or from, the
Site durihg the term of the ,Ground Lease, except to the extent caused or contributed to by the negligence or
willful misconduct of thef.-gency or City, or their officers, employees, agents or representatives; provided,
however, under no circumstances shall these indemnity obligations:ofNonprofit and Developer include any
obligation for payment of punitive damages assessed against Agency or City, or their officers, employees,
agents or representatives. This indemnity shall include, without limitation, any damage, liability, fine,
penalty, cost or expense arising from or out of any claim,aetion,_suit or proceeding, including injunctive,
mandamus, equity or action at law, for personal injury (including Sickness, disease' or death), tangible or
intangible property damage, compensation for lost wages, business income, profits or other economic loss,
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dama'ge.to thenatural resource or the environment, nuisance, contamination,,Ieak, spill, r~lease or other
adverse effect on the envirohment.
300. DEVELOPMENT OF THE SITE
301. Scope of Development.. Developer shall develop thcDevelopment in accordance with the
Scope of Developmentwhieh is attached to the DDA as Attachment No.4 and which is incorporated herein
by reference, and.theapproved plaiis"drawihgs and documents for the Development (the "Development
Plans"). The Development shalf generally ,consist of multifamily apartment buildings containing one
hundred two (102) apartment units (the "Housing Units"). In the event'ofany inconsistency between.the
Scope of Development and the plansJoHhe Development which have bf:en approved by the Agency and/or
City, the approved Deveiopment Plans;shall control. Developer shall commence.and complete all
construction of the Development, and, satisfy all other obligations and conditions of this Regulatory
Agreement within the times established therefor in the DDA and the Schedule of Performance attached to
the DDA.
302. Indemnity. Developer shall defend, indemnifY, assume all responsibility for, and hold
Agency and City, and, their respective,officers, employees, agents, and representatives harmless from, all
claims, demands, damages, defense costs or liability of any kind gr nature (including attorneys' fees and
costs) and for any damages to property or injuries to persons, including accidental death which may be
caused by or arise out ofthe Developer's performance or failureJo perform its obligations pursuant to this
Agreement, whether such activities or performance thereof be by the Developer or by anyone. employed or
contracted with by the Developer and whether such damage shall accrue or'be discovered before or after
termination of this Agreement. Developer shall not be liable for property damage or bodily injury
occasioned by the negligence of, willful misconduct of, or breach of this Agreement by Nonprofit or
Agency or City, or their officers, employees, agents or representatives.
Nonprofit shall defend, indemnify, assume all responsibility for, and hold Agency and City"and
their respective officers, employees; agents, and representativeshaimless from, all claims, demands,
damages, defense costs or liability of any kind or nature (including attorneys' fees and costs). and for any
damages to property o'ririjuries to' persons, including accidental death,which may be caused by orarise out
of the Nonprofit's performance or failure,ioperform its obligationsiptirsiIant to this Agreement, whether
such activities or performance thereof be by the Nonprofit or by anyone employed or contracted with,by the
Nonprofit and whether such damage shall. accrue or be discovered before or after termination of this
Agreement. Nonprofit shall not be liable for property damage or bodily injury occasioned by the
negligence of, willful misconduct of, or breach of this Agreement by Developer or Agency or City, or their
officers, employees, agents or representatives.
Agency shall defend, indemnify, assume all responsibility for, and hold' Developer and Nonprofit
and their officers, employees, agents, and representatives harmless from, all claims, demands, damages,
defense costs orliability of any kind or nature (including attorneys' fees and costs) and for any damages to
property or injuries to persons, including accidental death which may be caused by or arise out of the
Agency's performance or failure to perform its obligations pursuant tothis Agreement, whether such
activities or performance thereof be by the Agency or by anyone employed or contracted with by the
Agency and whether such' damage shall. accrue or be discovered before or after termination of this
Agreement. Agency shall not be liable for property damage or bodily injury occasioned by the negligence
of, willful misconduct of, or breach of this Agreement by Developer or Nonprofit or their agents or
employees.
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303. L CompIiance'With Laws. Developer shall carry out the design, construction and operation
of ihe Development,.a!1d"N~Jlprofitshallcarry out all of its obligations:hereunder, 'inconformity with all
applicablelaws,including'alkipplicable state labor standards;,theCiiy zoning and deyelopment standards,
building, pllimbing,.mechanicaLandelectrical codes, and all other provisiohsofthe CitY Municipal Code,
andall;applicable disabled and handicapped access reqliirements, inciudingwithout limitation the
Americans With Disabilities Act, 42 U.S.C.Section 12101, et seq., GovernmentCode Section 4450. et
seq., Government Code:Section 11135" etiseq., the Unruh Civil Rights Act, Civil Code Section5! ,et seq.,
and the California Building Standards Code, Health and Safety Code Section 18900, et seq.
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400. COVENANTS AND RESTRICTIONS
401. Use Covenants. Developer covenants and agrees for itself, its successors, assigns,. and
every successor in interest io the SiteoLany part thereof, that upon the.Ground Lease Commencemeniand
during construction and thereaftet,.the Developer shall devote the Site to the uses specified. in this
Agreement, theDDA, the.Ground Lease and' the approved Development Plans, whichever isthe'more
restrictive. All uses conducted on the Site, including, without limitation, all activities undertaken by the
Developer pursuant to this Agreement; shall conform to the RedevelopmentPlan.and all applicable
provisions of the City Municipal'Code'and'requirements of the City's Affordable HousihgOverlayZone.
402. Affordable Housing'Requirements.
402.1 Number of Affordable Units. Developer agrees to. make available, restrict
occupancy to, and rent twenty-five (25)'ofthe Housing Units to Extremely Low Income Households,
twenty-four(24) of the Housing Units to Very Low Income Households, and the remaiilingHousing Units
to Moderate Income Households, 'all at an Affordable Rent.
402.2 Dm'atiiln,ofAffordability Requirements. The Housing Units shall be subjectto
the requirernents of this Section 402 in perpetuity. The duration ofthis requirement shall be known as the
"Affordability Period"
402.3; Selection of Tenants; Developer shall be responsibleJ6r the selection of tenants
for the HousingUnits in compliimeewith'lawful and'reasonableeriteria, as.setforth in the Mahagement
Plan which is required to ,be submitted alld approved by the Agency ptirsuiiht to Section 4:2.ofthe Ground
Lease. Preference shallbe:givent6 tenants who have been displaced'by redevelopment activities of
Agency in the implementation of the RedevelopmentPlan. '
402.4 Household Income Requirements. Following the initialJeasecup ofthe Housing
Units, and annually thereafter, the Developershall submit to Agency,at Developer's expense, a.summary
of the income, householg size and rent payable by each ofthe tenants, of the Housing;lJnits. AUhe .
Agency's request, the'Developer shall also provide to the Agency completed incoTfle computation.and
certification forms, ina;form acceptable to ihe Agency, for.anysuch tenant or tenants. Developer shall
obtain, or shall cause to be obtaited by the Property Mahager,a'certifieation from each household leasing
an Affordable Unit demonstrating .ihat such householpisa Very Low Income Household, Extremely Low
Income Household or Moderate Income Household, a's applicable,:andmeets the eligibility requirements
established for the Housing Uhit. Deyelopershall verify, or shalL cause to be verified by the Property
Manager, the income certification ofthe household. Following the'issuance ofthe Release of Construction
Covenants, Developer, as an.expense.of.the Development, shall annually submit to Agency the reports
requiredpursuantto Health and. Safety Code Section 33418, as the same maybe amended from time to
time, with each such report to be in the form prescribed by Agency. Each annual report shall cover the
immediately preceding fiscal year.
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402;5. Determination of Affordable Rent for the Housing Units.
shall be rented at an "Affordabl~ Rent" to be established as provided herein:
Each Housing Unit
a. The maximum monthly rentalamountfor,the Housing Units to be rented to
Extremely Low Income Households (less reasonable utility allowance) shall be established at one-twelfth
(1/12) Of thirty percent (30%) ofihirty'five percent (35%) of San Diego Coul1ty mediah income for a
family of a size appropriate to the HousingUnit (as defined in Health and:Safety Code Section 50053).
b. The 'maximum monthly rental amount for the Housing Units tob,eTented to
Very Low'Income Households {less reasonable utility allowance) shall be established at one~twelfth (1112)
of thirty percent(30%) of fifty percent (50%)ofSan Diego Countymerlianineome for a family of a size
appropriate to the Housing Unit (as defined in Health and Safety Code Section 50053).
c. The maximum monthly rental amountfor.the Housing Units to be rented to
Moderate Income Households (less,reasonable utility allowartee) shall be established at the lesser of (i)
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one-twelfth (i/12)ofthirty percent'(30%) of one hundred ten percent (110%) of San l)iego County median
income for a family of a sizeappropriate,tothe Housing Unit (as defined,in:Health and Safety Code Section
50053), or (ii) the fair market rent for the units, as reasonably deterinined by the Agency and the
Developer.
402.6 Relatiortship to Tax Credit Requirements. l'-!()twithstanding any other provisions
of this Agreernent, to the extent,thai theJegl}Iatory agreement execiitedoYthe Developer as a'.requirement
ofreceiving the Tax Credits (the ''Tax Credit Regulatory Agreement")'is;less.restrictive with.respect to.the
requirements applicable to tertant;selection,tenant income levels and unit' rent levels than as provided ih
this Agreement and the DDA, this Agreement and the DDA shall co'ntrol.
403. Design andOccupancy.of Senior Units. Developer,shall restrict occupancy of all
Housing Units to Senior Citizeiis'arid "Qualified Permanent Residents:"(as those terms are defined in
California Civil Code SectionSL3), California Civil Code Section 51.3 presently provides as foilows: At
least one person in residence in each dwellingllnit must be a Senior,'Ciiizen,and other residents in the same
dwelling unit who are not Senior Citizens must be Qualified PermanentResigents. Temporaryguests',ofa
Senior Citizen or Qualified Permall~ntR,esident shall be allowed fof'a'penod,ofhot more than sixty (60)
days in any twelve (12) month period. Upon the death, dissolution,ofmarriage,hospitalizationor other
prolonged absence of the Senior Citizen in a ,dwelling unit, any Qualified Permanent Resident who has
continuously resided in the dwelling unit with such Senior Citizen shall' be permitted to continue aS,a
residentofthat dwelling unit. ;'Permitted Health Care Residents" (as that term is defined in California
Civil Code Section 5 U)shall be permitted.tooccupy any dweiling iirilt during any period that such person
is actually providing Iive~in, long-term or hospice health care ioa,Senior Citizen' tenant or Qualified
Permanent Resident tel}ant for compensation. Notwithstanding the foregoing, however, in the ,event that
Developer in its sole discretion elects to provide one or two oftheHousing Ul)its for residency by an on-
site manager and/or on~site'mainte. nance,manager, such unit or units,shallnot be required by this
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AgreemenHo be restricted to Seriior Citizens and Qualified PermanerttResidents, except as.required by
applicable law.
404. MarketingJ'Ian. ))evelopershall submit for,the approval of the Agency, which approval
shall not unreasonablybe'withheld,a plan for marketing therehta.1 of tile Housing Units in compliance with
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federal and sta.te fairhousingJaw. Such marketing plan .shall include a plan for publicizing theavailability
of the Housing Units.within the City,sueh'as noticesiri any City spohsonidnewsletter, newspaper
advertising in local newspapers and notices in City offices. The marketing plan shall require Developer to
o'btain from the Agency the names of low- and moderate-income persons 'who have been displaced by the
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RedevelopmentProject, and'tonotify persons, on such list of the availability of units in the Development
prior to undertaking other fOlms,ofmarketing. The marketing plan shall provide that the persons on such
list of displaced persons be given.not fewer than ten (10) days after receiptofslich notice to respond by
completing. application forms forrental of Housing Units, as applicable.
405. Maintenance of Site. Dev.eloper agrees for itself and its .successors in interest to all. or any
portion of the Site, to maintain the improvements on the Site in conformity with the City Municipal Code
and the conditions set forth'inthe Grou'nd Lease and this Agreement, arid shall keep the Site free from ariy
accumulation of debris or"waste materials.. During such period, the Developer shallalso maintain the
landscaping planted on the Site in a healthy condition. If at any time Developer fails to maintain the Site
and such condition is not corrected within five days after written notice from Agency withTespect to
graffiti, debris, waste material,. and general maintenance, or thirty days after, written notice. from Agency
with respect to landscaping and building improvements, then Agency, in addition to whatever remedy it
may have at law or at equity, shall have the rightto enter upon the applicable portion ofthe,Siteand
perform all acts and work necessary to protect, maintain, and preservethe,improvements and landscaped
areas on the Site, and to attach a lien upon the Site, or to assess the Site, In the amount ofthe expenditures
arising from such acts and work ofproteciion, maintenance, and.preservation by Agency aridlorcosts of
such cure, including a fifteen percent (15%) administrative charge, which amount shall be promptly paid by
Developer to Agency upon demand.
406. Nondiscrimination Covenants. Developer and Nonprofit covenant by'and for themselves
and any successors in interest that there,shall be no discrimination against or segregation of any person or
group of persons on account of-race, color, creed, religion, sex, marital status, national origin or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shalJ.theDeveloper
or Nonprofit themselves or any person claiming under or through it establish or permit any such practice or
practices 'of discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees ofthe Site or any portion thereof. The
foregoing covenants shall run with the land.
Developer and Nonprofit shall refrain from restricting the rental, sale or lease of the Site on
the,basis of race, color, religion, sex, marital status, ancestry or national origin of any person. All such
deeds, leases or contracts shall contain or be subject to substantially the following nondiscnmination or
nonsegregation clauses:
a. In deeds: "The grantee herein covenants by and for.himselfor herself, his or her
heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account,ofrace, color,
creed, religion, sex, marital status, national origin or ancestry in the sale; lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee or any person claiming
under or through him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to tlie selection, location, number, use or occupancy of tenants, lessees,
subtenants, sub lessees or vendees in the land herein conveyed. The foregoing covenants shall run with the
land."
b. In leases: 'The lessee herein covenants by and for himself or herself, his or her
heirs, executors, administrators, and assigns, and all persons c1aimihgunder or through him or her, and this
lease is made and accepted upon and subject to the following conditions:
"Thatthere shall be no discrimination against'or segregation of any person or group of persons, on
account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the leasing,
9
DOCSOC\594176v3\22345.0069
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", ,
162.
subleasing, transferring,.use, occupancy, tenure, or enjoyment of th~ premises herein leased nor
shall the lessee himself or herself, or any person claiming under or through him or her, establish or
permit any sueh~practice:or practices of discrimination oi'segregation with reference to the
selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased."
c. In contracts: "There shall be no discrimination against or segregation of, any
person, or group of persons on account of race; color, creed, religion,sex"marital status, national origin, or
ancestry, In the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor
shall the transferee himself or herselfor any person claiming under of through him or her, establish or
permit any such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises."
407. Effect of Violation of the Terms and Provisions of this Agreement After Completion of
Construction. Agency is deemed the beneficiary of the terms and provisions arthis Agreement and of the
covenants running with the land, for and in its own right and for the purposes of protecting the interests of
the community and other parties, public orprivate, in whose favor and for whose benefit this 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 land or. interest therein in the Site orin the Redevelopment Project Area.
Agency shall have the right, if the Agreement or any covenants in any agreement pursuant to this
Agreemeht are breached, to' exercise all rights and remedies,and.to..maintain any aetions.,or suits at law or
in equity or other proper proceedings to enforce the curing of such breaches to which it or any other
beneficiaries of this Agreemenrandsueh covenants may be entitled.
500. DEFAULTS AND REMEDIES
501. Default Remedies. Subject to the extensions of time seHorth in Section 602 of this
Agreement for events of force majeure, a,material failure by either party to perrormany action or covenant
required by this Agreement, the,Ground Lease, the Agency Loan Agreement, or theDDA within the time
periods provided herein following notice and failure to cure as described hereafter, constitutes a "Default"
under this Agreement. A party c1ailriing a Default shall give written notice of Default to the: other party
specifYing the Default complained of. Except as otherwise expressly provided in this Agreement, the
claimant shall not institute any proceeding against any other party, and the other party shall not be in
Default if such party within thirty (30)days from receipt of such notice cures such default, or if such
default is of a nature that it cannot reasonably be expected to be cured within such thirty (30) day period, if
such party immediately, with due diligence, commences to cure, correct or remedy such failure or delay
and shall complete such cure, correction or remedy with diligence.
502. Institution of Legal Actions. In addition to any other rights or remedies and subject to the
restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to
seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to
recover damages for any Default, or to obtain any other remedy consistent with the purpose of this
Agreement. Such legal actions must be instituted in the Superior Court of the County of San Diego, State
of California, in an appropriate municipal court in that county, or in the United States District Court for the
Southern District of California.
503. Acceptance of Service of Process. In theevent)that.any legal action is commenced by the
Developer or Nonprofit against Agency, service of process on Agency shall be made by personal service
upon the Secretary or Executive Director of Agency or in such other manner as may be provided by law. In
10
DOCSOC\594176v3\22345.0069
.
'"
16<1
the ev~nnhat any legal action is commenced by Agency against the Developer or Nonprofit, service of
process;shall be madein su~l1'manner as may be provided by law and shalJ"beeffective whether served
inside or outside of California.
.
504. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this
Agreement, the rights and remedies of the, parties are cumulative, and the exercise by.either party of one or
more of such rights or remedies shaU,notpreclude the exercise by it,. at the same or different times, of any
other rights or remedies for the same Default or any other Default bitheotber party.
505. Inaction Not a Waiver of DefauIt. Any failures or delays by either party in asserting any
of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such
rights or remedies, or deprive either sucb party of its right to institute and maintain any'actions or
proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
506. Applicable Law; The laws of the State of California shall govern the interpretation ahd
enforcement of this Agreement.
600. GENERAL PROVISIONS
601. Notices, Demands and Communications Between the Parties. Any approval,
disapproval, demand, document or other notice ("Notice") which either party may desire to give to the
other party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by reputable document delivery ~erviee such as Federal Express that provides a receipt showing
date and time of delivery, or (iii) mailing in the United States maiJ", certifiedmail, postage prepaid, return
receipt requested, addressed to the address of the party as set forth below, or at any other address as that
party may later designate by Notice.
To Agency:
Po~ay Redevelopment Agency
P.O. Box 789
Poway, California 92074-0789
Attention: Deborah Johnson, Assistant Executive Director
To Nonprofit:
Sail Diego Interfaith Housing Foundation
2130 Fourth Avenue
SanDiego, California 92101
Attention: Matthew B. Jumper
To Developer:
Brookview Senior Housing Partners
2130 Fourth Avenue
San Diego, California 92101
Attention: Matthew B. Jumper
Any written notice"demand or communication shall be deemed received immediately upon
receipt; provided, however, that refusal to accept delivery after reasonable attempts thereto shall constitute
receipt. Any notices attempted to ,be delivered to an address' from which the receiving party has'moved
without notice shall be effective on the third day from the date ofthe attempted delivery or deposit in the
United States mail.
602. Enforced Delay; Extension of Times of Performance. In addition to specific provisions
of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all
11
DOCSOC\594176vJ\22J45,0069
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,.,.
'62::
.1"
perf6hnariceand';other,.date's specified in this Agreement shall be extended, where delays, or Defaults are
due to causes beyondthe;eoriirol or witiJ()uNhe fault of the partycl~imingah:'extension oftimeto perform,
including: war; insun:ection; strikes; ]ockduts; riots; floods; earthquakes; fires; casualties;~acts of God; acts
of the public eri'emy;.epidemics; quarantine restrictions; freight embargoes;Jack oftransportation;
governmental restriction,s or. priority; litigation; unusually severe weather;,inability to secure necessary
labor, materials, or tools;'delays of any contractor, subcontractor orsupplier (other than a contractor,
'subcontractor or supplier in whichDeY,eJoper has a twenty-five percent (25%) orffiore ownership interest,
or which is controlled by Developer" or which 'is an affiliated ehtity o(Developer); acts or omissions ofthe
other party; acts or failures to act of the City, TCAC or any other public.or governmental agency or entity
(other than the acts or failures to act of Agency which shall not excuse performance by Agency); orany
other causes beyond the control or without the fault of the party claiming an extension of time to perform.
Notwithstanding anything to the cohttary inthis Agreement, an extensi()poftime,for any such. cause shall
be for.the period.ofthe enforced,delayand sh::illcommence to run from'the'tiIhe of the commencement of
the, cause, if notice by the party claiming such extension is sent to the;otherparty within thirty (30}dilys of
the commencement of the cause. Times of performance under this Agr~ement may also be extended in
writing by the mutual agreement'of Agency and Developer or Nonpi6fit, as applicable. The Executive
Director of Agency shall have the authority in.his or her sole and absolute discretion on behalf of Agency
to approve extensions oftimenotto,exceeda.cumulative total of three, hundred sixty (360) days.
Notwithstanding any provisiOlrofthis Agreement to the contrary, the lack of funding to complete the
Development shall not constitute groilhdsof enforced delay pursuando this Section 602.
603. TransfersofInterest in Bite or Agreement.
603.1 Prohibition. The qualifications and identity ofthe Developer and Nonprofit'areof
particular concern to Agency. Jt.is because of those qualifications and 'Jdentity that Agency has ' eritered into
this Agreement with the Deveitiper and Nonprofit. For the term of this Agreement, no voluntary or
involuntary successor in interest oftiJe Deyeloper or Nonprofit shall acquire any rights 'or powers undenhis
Agreement, nor shall any interests iri the Developer be transferred, nor shall the Developer or Nonprofit
make any total or partial sale, transfer,;conveyance, assignment, subdivision,refinancing or lease of the
whole or any part of the Site or the Developmentthereon, withoutpriorWrltten approval of Agency, except
as expressly set forth herein. Notwlthstanding,the above, Developerand.Nonprofit covenant that
Brookview Interfaith Housing Corporation orits atliliate shall be the managing general partner'6fthe
Developer, subject to Agency approval of the identity ofthe limited partners.
603.2 Permitted Transfers; Notwithstanding any other provision of this Agreement to
the contrary, Agency approval of an assignment of this Agreemenior conveyance oftheSite'or
Development, or any part thereof, shall not be required in connection with any of the following:
(a) The conveyance or dedication of any portion of the Site to the City or other
appropriate governrnental agency, or the granting of easements or permits to facilitate construction ofthe
Development.
(b) Any requested assignment for financing purposes (subject to such financing being
considered and approved by Agency pursuant to Section 3-12 of tne.DDA), including the grantof a deed of
trust to secure the funds hecessary for construction and permanent financing of the Development.
(c) Any transfer oflimitedpartnershipinterests in the Developer, subject to the
approval of the identity of the limited partner pursuant tbSection 312 oftheDDA.
(d) The Ground Sublease of the Site from Nonprofit to Developer, as provided in
12
DOCSOC\594176v3\2234S,0069
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76~
Seeti~n 204.'1 of the DDA.
(e) Any tra'lsfer of the Site or limited partnership interests in the Developer to
Brookview Interfaith Housing Corporation or an affiliate thereof after the expiration of the fifteen year Tax
Credit eompliahce period pursuant to Internal Revenue Code Section 42(1)(1).
In the event of an llssignment by Developer under subparagraphs ( a) through (e), inclusive,
above not requiring Agency's prior approval, Developer and Nonprofitnevertheless each agrees that at
least thirty (30) days prior to such assignment it shall give written hotiee to Agency of such assignment and
satisfactory evidence that the assignee has assumed jointly with Developer or Nonprofit, as applicable, the
obligations of this Agreement.
603.3 Agency Consideration of Requested Transfer. Agency agrees that it will not
unreasonably withhold approval ora request made pursuant to this Section 603, provided the Developer or
Nonprofit delivers written notice to Agency requesting such approval. Such notice shall be accompanied
by sufficient evidence regarding the proposed assignee's or purchaser's development and/or operational
qualifications and experience"and,itsfinancial commitments and resources, in sufficient detail to enable
Agency to evaluate the proposed assignee orpurehaser pursuant to the criteria set forth in this Section 603
and as reasonably determined by Agency. Agency shall evaluate each proposed transferee or assignee on
the basis of its development ancll:orcqualificatiOlls and experience in the operation of facilities similar to the
Development, and its financial commitments and resources, and may.reasonably disapprove any proposed
transferee or assignee, during theperiod'for which this Section 603 applies, which Agency reasonably
determines does not possess sufficient qualifications. An assignment ,and assumption agreement in form
satisfactory to the Agency shall also be required for all proposed assignments. Within thirty (30) days after
the receipt of the Developer's or Nonprofit's written notice requesting approval of an assignment or
transfer pursuant to this Section 603, including assignments that do not require Agency/Executive Director
approval, Agency shall either approve or disapprove such proposed assignment or shall respond in writing
by stating what further information, if any, Agency reasonably requires in order to determine the request
complete and determine whether or not to grant the requested approval. Upon receipt of such a response,
the Developer or Nonprofit, as applicable, shall promptly furnish to Agency such further information as
may be reasonably requested.
603.4 Successors and Assigns. All of the terms, covenants and conditions of this
Agreement shall be binding upon the Developer, Nonprofit and their permitted successors and assigns.
Whenever the term "Developer" or "Nonprofit" is used in this Agreement, such term shallinelude any
other permitted successors and assigns as herein provided.
603.5 Assignment by Agency. Agency may assign or transfer any ofiis rights or
obligations under this Agreement with the approval of the Developer and Nonprofit, which approval shall
not be unreasonably withheld; provided, however, that Agency inay, assign or transfer any of its interests
hereunder to the City at any time without the consent of the Developer or Nonprofit; provided that the City
agrees to assume all of Agency's obligations hereunder.
604. Non-Liability of Officials and Employees of Agency. No member, official, officer or
employee of Agency or the City shall bepersonally"liable to the Developer or Nonprofit, or any successor
in interest, inthe.e:vent ofany Default or breach by Agency (or the City) or for any amount which may
become due to the Developer or Nonprofit or their successors, or on any obligations under the terms of this
Agreement.
13
DOCSOC\594176v3\22345.0069
.
, .
'/6''24
.:.
60S. Relationship Between Agency, Developer and'Nonprofit. It is hereby acldtowledged that
the relationship between Agency, Developer and Nonprofitis-ilot that"ota parthership orjoint venture and
that Agency, Develope(and,Nonprofit shall not be deemedor construedYof'aJlypurposeto be the agent of
the other, Accordingly, e)(cept as expressly provided in this Agreenient, iriclUding the Attachments hereto,
Agency,shall,havenorights, powers, duties or obligations with respeetto:the development, operation,
maintenance or management of the Development.
606. Agency A,pprovals and Actions. Whenever a reference is made herein to an action or
approval to be undertaken by Agency, the Executive Director of Agency or. his ocher designee is
authorized to act on behalf of Agency unless specifically provided otherwise or the law otherwise requires.
607. Counterparts. ThisAgreementmay be signed in multiple' counterparts which, when
signed by all parties, shall cOl1stituka,binding:agreement. This Agreement is'executed in three (3)
originals, each of which is deemed to be an original.
608. Integration. This Agreement, together with the DDA, the Ground Lease, and all
attachments and documents executed pursllantthereto, contains the~entireunderstanding between the
parties relating to the transaction cOl1tehipiated by this Agreement.
609. Real Estate Brokerage Agency.. Agency, Developer and NbIlProfit each represent and
warrant to the other that no broker or.-finder is entitled to any comhiissionor finder's fee in connection with
this transaction, and each agrees todefehd ahd hold harmless the other from any claim to any such
commission or fee resulting from any action on its part.
610. Attorneys' Fees: In'anyaction between the parties to interpret, enforce, reform, modify,
rescind, or otherwise in connection with any ofthe terms or provisiohs' of this Agreehie'nt,_the prevailin-g
party in the action shall be entitled, in addition to any other reliefto:whichitmight be' entitled, reasonable
costs and expenses including, without'limitation, litigation costs andreasonable attorneys' fees.
611. Titles and Captions. Titles and captions are for cohvenience ofteference only and do,not
define, describe, or Iihiit thescopebrthe intent of this Agreement or of any of its terms. Reference to
section numbers are to sections in this,Agreement, unless expressly stated' otherwise.
612. Interpretation. As usedinthis Agreement, masculine, feminine or neuter gender and the
singular or plural number shall each be deemed to include the others where and when the context so
dictates. The word "including" shalI.beconstrued as if followed by'thewords "without limitation." This
Agreement shall be interpreted as though prepared jointly by both"parties.
613. No Waiver;, A waiver by either party ofabreach of any of the coyenants,.eonditions or
agreements under this Agreement to be-petformedby the other party shall not be construed as a waiver,of
any succeeding breach of the same or. other covenants, ,agreements, restrictions or conditions ofthis
Agreement.
614. Modifications.. Any alteration, change;oLmodifieation of or to this Agreement, in order to
become effective, shall 15emade inwriting'and in each instance signed on behalf of each party.
615. .Severability. If allY term, provision, condition, or covenant of this Agreement or its
application to any party or. circumstances shall be held, to any extent, invalid or unenforceable, the
remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or
14
DOCSOC\594176v3\22345,OO69
.
,.., .
,625
circumstanee's other than those:'as to whom or which it is heldinvalid,or unentorceable, shall not be
affected, and shall be valid' and ,enforceable to the fullest extentpemlitted bylaw.
616. 'C()mputatlon o(Time. The time in which any act is,to be done under this Agreement is
computed by excluding tile first day (such,asthe day escrow opens), and ins;luding the last day, unless the
last day,is a hDliday or Saturday or Sl.lnday,and then that day is also exCluded.. The term "holiday" shall
mean all holidays as specified inSection 6700 and 670 I of the California,OovernmentCode. If any act is
to be done by a particular time during,a day, that time shall be Pacific Time Zone time.
617. Legal Advice. 'Each partyxepresents and warrants to.theother the following: they have
carefully read this Agreement"andjn!~igning;this Agreement, they do so with full knowledge of any right
which they may have; they haveTeceived independent legal advicefromtheiuesp~ctive leg<il eounsel.as to
the matters setforth in this Agreement, 'or,. have knowingly chosen not to consl.lltlegal counseL as ,to the
matters set forth in this Agreement;' and, they have freely signed this Agreement without any reliance upon
any agreement, promise, statefuent or representation by or on behalf of the other party, or their respective
agents, employees, or attorneys, except;as specifically set forth in this Agreement, and without duress or
coercion, whether economic or otherwise.
618. Time of Essence. Tifue is expressly made of the essence with respect to the performance
by the parties of each and every obligation and condition of this Agreement.
619. Cooperation. Each party, agrees to cooperate with the other in this transaction and, ihthat
regard, to sign any and all docllmentswliich may be reasonably necessa.ry,helpful, orappropriaie to carry
out the purposes and ihtent of this Agreefuent including, but not Iimitedt()"releases or additional
agreements.
620. Conflicts of Interest. ,No member, official or employee of Agency shall have any personal
interest, direct or indirect, ihtliis Agreement, nor shall any such membet,.official or employee participate in
anydecisiori relating to the Agreement'which'affeets his personal interests or theintefests oHnylifuited
partnership, partnership or association in which he is directly or indirectly interested,
621. Timefor,AcceptanceoIAgreement by Agency. This Agreement, when executed by the
Developer and Nonprofit anddeliverecl'.to'A:gency, must be authorized, executed'and deliveredb)iAgehcy
on or before thirty (30) days after signing and delivery of this Agreemeni,bythe Developer and Nonprofit
or this Agreement shall be void, except:lothe extent that the Developer, shall consent in writing to a further
extension oftime for the authorization, execution and delivery of this Agreement.
622. No Third Party Beneficiaries. Notwithstanding any other provision. of this Agreement to
the eontrary"nothipg I)erein is intendedlo"create any third party benefiCiaries to this Agreemeht, and no
person or entity other than Agehcy, Developer and Nonprofit, and the permitted successors and assigns of
any of them, shall be authorized to enforce the provisions of this Agreement.
15
DOCSOC\594176v3\22345.0069
.
'/626
'. IN WITNESS WHEREOF, Agency, the Developer arid the Nonprofit have executed this
Regulatory Agreement as ofthe;date first set forth above.
.
AGENCY:
POW A Y REDEYELOPj\1ENT AGENCY, a public body,
corporate and politic
ATTEST:
~O~A>g-"f'P-<b
Secre ary
APPROVED AS TO FORM:
Stradling Y oeea Carlson & Rauth
Agency Legal Counsel
DEVELOPER:
BROOKVIEW SENIOR HOiJSING PARTNERS,
a California limited partnership
By: BROOKVIEWINTERFAITH HOUSING
CORPORATION, a California nonprofit
corporation, its Managing General Partner
By:
NONPROFIT:
SAN DIEGO INTERFAITH HOUSING
FOUNDATION, a California nonprofit corporation
By:
16
DOCSOC\594176v3\22345,0069
.
76~
" IN WITNESS WHERE'OF:; Agency, the Developer and the Nonprofit have executed this
R~gulatory Agreement"as ofthe date tirst'set forth above.
ATTEST:
Secretary
APPROVED AS TO FORM:
DOCSOC\594176v3\22345.0069
AGENCY:
POW A Y REDEVELOPMENT AGENCY, a'public body,
corporate and politic
By:
DEVELOPER:
BROOKVIEWSENIOR 1I0USING PARTNERS,
a California limited partnersnip
By: BROOKVIEW INTERFAITH HOUSING
CORPORATION, a <;:alifornia nonprofit
corporation, its Mana'gihg General Partner
By:
Matthew..B..Jumper
Its'Presiaent
NONPROFIT:
SAN DlEGOINTeERFAITHHOUSING
FOUNDATION, a California nonprofit corporation
By:
Matthew B. Jumper
Its Presidel1t
16
.
CALIFORNIA ALl.PURPOSE ACKNOWLEDGMENT
.
7628
:~::fOf ~ft~
On 11 q I i" ;;;) 000 before me,
personally appeared H 0( -1-+ h-e.r" , 13.
Name and Tille 01 Officer' (e.g.
:)(..1 yy? -10 'I? y
Name(s)6(Signer(s)
I
ffj- :::~."'~. ~~-"f
i . ~ PiJtJllc - CaIiIIirm I
i ,!;an Diego County -
, _ _ _ ~~~2~~1
o personally known to me
~ proved to me on the basis of satisfactory evidence
to be the person~hose name~re, subscribed to the
within instrument arid acknowledged to me th~he/they
executed t~e i~er/their authorized capacity~
and that by~r/their signat.ure(s) on the instrument..:h~
perso~ or the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
. I
~'s~p?~
OPTIONAL
Though the information below is not required,by.;'aw/itinay prove valuable to persons_ relying, on the document and could prevent
traudulentremoval and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) ClaimedbySigner(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb here
RIGHT jTHUMBPRINT
OF SIGNER
o Individual
D Corporate Officer
Title(s):
D Partner - D Limited 0 General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF SIGNER
Signer Is Representing:
Signer Is Representing:
@ 1996 National Notary Associalion . 8236 Remmel Ave."P.O. Box 7,184. Canoga Park, CA 91309-7184
Prod. No. 5[107
Reorder: Call Toll-Free 1-800-876-6827
'. .
CALlF.ORNIA ALL.PURPOSE.ACKNOWLEDGMENT
7611
>
St~te of Co. \, to"-'" 0-
County of S' ex I^. 'D 1 ~.C>
Onty-.o,lA. Lf ;}.oOO
(J / Dale
personally appeared .j C\. Vv\ es
before me,
2 \ \'La.~
c"'
L.
Name and Title of Officer (e.g.,
t)O .)Q~SD'\(.
Name(s) of,Sig(ler(s)
~ersonally knownto me
o proved to me on the basis of satisfactory evidence
J - - - - :: ; -5 -I
-fl' Q),~.,~fE'""". AN.,.. .
I --~~i~
, . San DIliOD ~
, _ _ _ ~Camrn.~:.7.'!'1
to be the person(;ll whose name(.8'j is/afe-Subscribed to the
within instrument and acknowledged to me that he/she,qI'Jey
executed the same in his/I'Je1'Al1oir authorized capacity~,
and that by his/I'Jso'tl:Jeir signature~ on the instrument the
person(ll1, or the entity upon behaif of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
~~~,g~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Q '<:J ,\a~...J ~"(>.'1.............,,,:A'
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
D Other: Top of thumb here
RIGHT THUMBPRINT
OF.SIGNER~' ,,-
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
.
Topol thumb,here
Signer Is Representing:
Signer Is Representing:
@1996NationaINotaryAssociation.8236RemmetAve, P.O. Box 7184 . Canoga ParI<:, CA91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
--
"
!
.'
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.--
.
ATTACHMENT 1
SITE MAP
Brookview Senior Housing Development
II
97H 'ST
VAC
POMERAOO el..~ME~ARY
I.ECNA \..~
APPRovei; SU8OfVlSlON
,
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;=::.Ju-t.isA.CiIa
,
VAC
SFO'S
,
,
,
,
.
,
,
CHURCH
"
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SHOPPING-CENTER
\ \ \ l
Anachment NO.1
.7630
"
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ATTACHMENT NO.2
LEGAL DESCRIPTION
Brookview Senior Housing DeveIopinent
7631
Parcel AI:
The West 170.00 feet of the East 513A,O feet ofthe South Halfofthe Northwest Quarter of the
Southwest Quarter of Section 14, TOwnship 14 South, Range 2 West, San Bernardino Meridian, in the
City of Po way, County of San Diego, State of California, according to the Official Plat thereof.
Excepting therefrom the South330:00 feet thereof.
Parcel A2:
An easement and right of way (or road; sewer, water, gas, power and telephone lines and appurtenances
thereto over, under, along and across'the Northerly 30.00 feet ofthe80utherly 360.00 feet of the
Easterly 343AO feet of the South H:ilfofthe Northwest Quarter of the Southwest Quarter of Sect ion 14,
Township 14 South, Ral}ge 2 West,SanBernardino Meridian, in the City of Po way, County of San
Diego, State of California, according to Official Plat thereof.
Parcel Bl :
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The South Half of the Northwest Quarter of the Southwest Quarter of Section. 14, Township 14 South, Range
2 West, San Bernardino Base and Meridian, in the City ofPoway,.County of San Diego, State of California,
according to United States Government Survey, approved September. II, 1879.
Excepting therefrom theSouth330.00 feet thereof.
Also Excepting therefrom that portion lying Westerly of the Easterly 343AO.feet thereof.
Also Excepting therefrom the East 33.00 feet thereof, as disclosed by Final Order of Condemnation recorded.
March 3, 1981 as File No. 81-064580 and also recorded October 14, 1981 as File No. 81-325912, both of
Official Records.
And Also Excepting.therefrom all oil, mineral and hydrocarbon substances in and urider.the"herein
described land lying below a depth 500 feet from the' surface thereof and with no right of surrace entry,
as granted to West Coast Oil Co. by Deed recorded November 10, 1986 as File No. 86-514723 of
Official Records.
Parcel B2:
The Southerly 330.00 feet oftheNorthwest Quarter ofthe,Southwest Quarter of Section 14, Township
14 South, Range 2 West, San Bernardino Meridian, ill the QityofPoway, County of SanDie go, State of
California, according to Official Plat thereof, Excepting tht; Westerly 924.00 feet thereof.
Attachment No.2-I
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7632
Excepting that portion lying Easterlyofa linethaUs parallel with and 33.00 feet Westerly of a center line
! described as follows:
Beginning at theiriters(:ction of Po way Road, Road Survey 1013, and PomeradoRoad, Road Survey
1859-2,. said Road Surveys on fil'e.in the Office oftheCounty Engineer of said County, said intersection
having coordinates North 286,619.64 and East 1,751,015.65 in terms of the California Coordinate
.,. - .
Sy~tem, Zone'6; thence along the cehterline of said Pomerado Road with'. bearings and distances in terms
of said coordinatesystem North 00047'22" East, 1829.58 feet; thence North 00007'46" East, 2658.36
feet; thence North 00049'48" East, 3505'.34 feet; thence North 0101'8',08:' East, 1918.90 feet; thence
North.Ol 003~50" East, 955.47feeNo the beginning ofatangent 1700.00 foot radius curve, concave
Easterly; thence Northerly along the;arc of said curve through a.central angle of 44'025'03", a distance of
131.7.89 feet; Jhence tangentto said curve North 45028'53" East, '198'.39 feet tothe'beginriing of a
tangent 2000.00 foot radiuscurye, concave Westerly; thence Northerly along the arc of said curve
through a central angle.of40016'34",adistance of 1405.90 feet; thence tangent to said curve North ,
05012'19" East, 792.94 feet to the beginning of a tangent 3000.00 foot radius curve, concave Westerly;
thence Northerly,along the arc of said curve through a central angkofJo04'38", a distance of 161.12
feet; thence tangent tosaiQcurve North ,02 007'41 "East, 1953.09feet;.thence North 01 023'41" East,
608.IOfeet to the beginning ofa tangent3000:00 foot radius curve, concave Westerly; thence Noitherly
along the arc of said curve through a'central angle of 8 026'29", a distance of 441 .99 feet; thence tangent
to said curve. North 7 002'48" West, 404.35 feetto the beginning ofa tangent 2500.00 foot radius curve,
concave Easterly; thence Northerly along the. arc of said curve through a.central angle of9042'20", more
ol',less, a distance of 423.48 feet, more or less, to a point in the Rancho San Bernardo boundary line said
point having coordinates North'304,825.49 and East 1,752,479.69, said' point being the Point of
Terminus. '
Assessor's ParcelNo: 317-521-02,03 'and 04
Attachment No. 2-2