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Operating Memorandum and Amendment to First Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants 2013-0353580 � - _ �: . �, ��� � ��� �-a������� - . - - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111111flllllllllll RECOx�[NC; �z�Qui:s'r�;D sY JUN 05, 2013 2:14 PM AND WI-II�N Rk�CORllED MAIL "I'O: oFFicia�aecoaos SAN DIEGO COUNTY RECORDER'S OFFICE ' Emesl J. Dronenbwg,Jc,COUNTY RECORDEfl The PowaV 1-lousing Authority FEES: 52.00 WAYS: 2 13325 CivicCenter Drive PAGES: $ � n Poway, Cf1 92064 I I���II��III��III�IIII��I��III��III��III��II���I����III��III��III���II I�III�II�I�I� I ��J Attn:: Gxeculive Director � "NO FEE FOR� RL'CORDING PURSUANT"f0 � GQVERNML'N'I'CODE SECTION 273�53 1 OPERA"1'1NG MEMORANDUM ANll AMENllMENT TO FIRST AMENDED AND RESTATED REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE.COVENANTS (Orange G�rdens- 12510 Oak Knull Road) "l�his Operating Memorandum and Amendment to First Amended and Restated Regulatory Agreement �nd �Declaration of Restrictive Covenants (this "AmendmenP') is made and emcrcd into as of April 4, 2013,, by and between the Po�vay Housing Authority, a public body, corporate and politic (the "Authority") and Poway Family Housing Partners, L.P., a California limitcd partnership (thc '`Owncr'). izi�crrni..s l. 1'he A�dhority ancl thc Owner entered� into a Pirst Amended and Restated Regulatory ngrecmcnt and lleclaration ol Itestrictive Covenants, dated as of August 1, 201I, and recorded in the Ofticial Records oY San Diego County on August 26, 201 I as Instrument No. 201]-0441793 (the "Regulatory Agreement"). This Agreement amends Section 2.3, Section 2.3(d) and Section 2.3(e) of the Regulatory Agreement. 2. Scction 2.3 0l' the Regulatory Agreement is hereby delcted in its entirety and replaced �vith thc fi�llo�ving.revised Section 2.3: Section 2.3 Allowable Rent. ' T'he Parties acknowledge that the Development was awarded and is funded in part with an allocation of Low [ncome Flousing Tax Credits�('I'ax Credits") and in part with Low and Modcrate Income Wousing I'unds ("LMiHF"), and that the maximum allowable Rent (based on the. applicable Assumed }-lousehold Size) that may be charged for the Units is the lower of(i) Rent, determined in accordancc with rules esta6lished by the Califomia "I'ax Credit All'ocation Comniittee (`CTCAC") f�or projects receiving an allocation 'ol'"f�x Crcdits�("C`fC:f�C' 2'ent"); and�(ii) Rent determined in accordance with I OGardens Up Memo and Amendmeml 3-22-13 � I '��.Q� � �- � 1�576 rules established by the Califomia Department of Housing.and Community Development pursuant to Califoinia Health and Safety Code Section 50053 for projects funded with T:MIHF ("HCD Rent"). Therefore, the maximum Rent for a Unit shall be the applicable CTCAC Rent or HCD Rent for the Unit, whichever is lower. The applicable HCD Rent shall be determined as follows: (a) Extremely Low Income Rent. Subject to Section 2.4(a) below, the Rent charged to Residents of the Extremely Low Income Units'shall not exceed one-twelfth (1/12`") of thirty peccent (30%) of thirty percent (30%) of Median Income, adjusted for Assumed Household Size. (b) Very Low Income RenL Subject to Section 2.4(b) below, the Rent charged Co'Residents of the'Very Low Income,Units shall not exceed one-twelfth (1/12`�) of'Chirty percent (30%) of fifty percent (50%) of Median Income, adjusted for Assumed Household Size. (c) Lower Income Rent. Subject to Section 2:4(b) below, the Rent charged to Residents of [he Lower 'Income Units shall not exceed one-twelfth (1/12`�) of thirty percenf (30%) of sixty percent. (60%) of Median ,Income, adjusted for Assumed Household Size. (d) In calculating the allowable Rent for the Units, the following Assumed Household Sizes shall be utilized; provided that the.Development receives an allocation of Low [ncome Housing Tax Credits; otherwise Assumed Household Size shall be determined pursuarit to theterms of Health and Safety Code Section 50052.5(h): Number of Bedcooms Assumed Househol"d;Size One 1.5 . Two 3 Three 4.5 . (e) No later than March 31 of each calendar'year, the Authority shall provide the Owner with a schedule of permissible maximum Extremely Low Income Rents, Very Low Income Rents and Lower Income Rents for the succeeding year. Under no cucumstances may Owner raise rents above the permissible maximum rents as allowed under the annual rent schedule piovided by Authority. Except as provided in this Amendment, the Regulatory Agreement shall remain in full force and effect, enforceable in accordance with ifs terms. 2 OGardens,Op.Memo and Amrndmeutl 3-22-13 � 10577 IN WITNESS WH�REOF, the Authority and Owner have executed tfiis Agreement by duly'authorized Tepresentatives, all on the date first written above. AUTHORITY: THE POWAY HOUSING AUTHORITY, a public body corporate and politic By: Penny ley, Exe u 've irector OWNER: ' POWAY FAMILY HOUSING PARTNERS, L.P., a California limited partnership By: Foundation fot Affordable Housing V, Inc., a California nonprofit public benefit corporation Its: Managing General Partner By: /�+� Gi�. l/..�.�- Deborrali Willard, President By: Affirmed Housing Group, Inc., a Delaware Corporation Its: Administrative:General Partner By: es Silvenvood, Presi nt APPROVED'AS TO FORM: KANE B LMER & BERKMAN By; , Glenn<F. Wasserman Autliority Special Counsel � 3 OGardens Op.Memo and Amendmentl 3-22-13 ' ' 1D578 STATE OF CALIFORNIA ) ) COUNTYOFSan OiQ o ) On '�.(J r� � ''( , 2013 before me, c.lA!'U I S . �Q4 , Notary Publiq personally appeared P2� (2;(�,w who proved to nie on the basis ot satisfactory evidence to be. the person(.a� whose name(,c3 is/ace subscribed to the within instrument and acknowledged to me that !r�/she/tlaey executed the same in his/her/U�eir autfio�ized capacityQasfi, and that by tyis/hedtkteiP signature(�i} on the instrument theperson(,s3, or the entity upon behalf of which the person(�acted, executed tfie inSt�ument. I certiPy under' PEIVALTY OF PERJURY under the laws of the State of California tliat the foregoing paragraph is true and`correct. W I��VESS myhand and official seal. CARO1:s. �EGG. Commission�p'1930186 �= Notary�Publia•Calllornia i � Q San �lepo County ' Signature 2(1 (Seal) M� Comm.Expires Apr 28.2015 r S'I'ATE OF CALIFORNIA ) COUNTY OF S'��' D' t�-` On �Q''�� I �-2�� , 2013 before me, �l{I�s`�C11��;�-r'�°5��� Notary Public, personally appeared �a��5 S: ,vu-� � � who �prove8 fo me on the�ba"sis of�saYisfactory �evidence to 6e,`the person(�) whose name(s) is/a�e �subsci`i6ed to'tlie�viith'im�instrinnent and acknowledged to me that he/sHeftl�y executed 'tlie same in Gis/her/ihen� authorized capacity,fics); and that by fiis/herFtHei� signature(s}on the:instrument the:person(�s}or the entity upon 6efialfaf which tlie person(sj acted, executed:tfie instrument. I certify under PENALTY OF PERJURY imder the laws of the State' o£ California that the fo�egoing parag"�aph is true and co�rect. WITNESS my hand and official seal. � 'I � �J�� �n��.enpn-c�tortw Signature !� 1 � �C— (Seal) s • - COMM.#1820555 y H� NWery Pudicl:aGtornia W 5lWDIEGOCWNTY '' My Comn Ezp.JAN 16.2015 � 10579 STATE OF CALIFORNIA ) ) COUNTY OF O►rGl,4%t C, ) u p � On P�r�1 23 , 2013 beforey�m�e',"��OYYQ,(K(,�j r}c�1t�dM , , Notary Pub(ic, personally appeared �zK,nyYp,h Q-- �fi t� _ who proved to nie on.the basis of satisfactory evidence to be the person(ej whose name(�} is/are subscribed to the within insrrument and ackno:vled�eu to me tha±.t�/she!he}� ezeciited the �amz, in lais/hedtbeir authorized capacity(+esj,;and.that by kEis/her/tl�zaignature(sj on the instrument the�person(,�; or Che eritity uj?on�behalf of�Jfiich tlie person(sj-'acted, executed'the instrument. 1 certify under P.ENALTY OP PERJURY under the laws of tfie State of California that the foregoing paragraph istrue and correct. WITNESS my hand and official seal. RR�INEe.! NTtEv ppneiqnlon 1'1902471 Nptu�i,PuWk-CNHorMa a.npe coumr Signature �� (Seal) M Camm. rn 8 2: Lorraine S. Bentley Commission /1 1902471 Orange County Expiration Date Sept. 2, 2014 (949) 443-9101 1 � � 8 � BXI-IIBIT A PROPERTY DESCRIPTION All thai certain real property located in the City of Poway, County of San Diego, State of Califomia described as follows: PARCfiL L• THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATG OF CALIFORNIA; ACCORDING TO "PHL OFFICIAL PLAT THEnEOF,DESCRIBED AS FOLLO�VS: _ BEGINNING AT A P,OINT WHICF( IS 30.00 FEET DISTANT NORTHERLY AT RIGIIT ANGLES FRONI THE CENTER C[NE OF THE 40.FOOT COUNT.Y ROAD TO POWAY, �, SAID POINT OF BEGIIVNING BEARING NORTII 70°02'46" �AST' 1005.15 FEET PRONI "fHE POINT OF,INTERSECTION OF THE SOUTH LINE OF SA[D SECTION 14 W[THTHE CENTER LINE OF MISSION ROAD 1-A AT STATION 378 +70:9 THEREON, AS SHOWN ON MAPTHER1iOF ON F1LE IN 'CHE OFFICE OF COUN"rY SURVEYOR OF SA1D SAN DIEGO COUNTY; AND BEING ALSO THE SOUTHWEST CORNER OF LAND ' DESCRIBED IN .THE DEED FR01v1 R. T. CREYfER, ET UX, TO'EVERETT DANIHLSON, 6T UX, DATED OC"i'013ER 4, 1940, RECORllEll OCTOBER 16, t940 IN BOOK 1085, PAGE 127 OP OFFICIAL RECORDS; RiINNING TI-IENCE PARALLEL WITH AND'30.00 FEET NORTHERLY AT R[GIIT ANGLES PROM THE CENTER L[NE OP SAID POWAY ROAD SOU'rlI 83°20'00" WGST; 133.G9 PGET; THBNCE PARALLEL WITF] THG WEST L[A'E OF SAID DANIELSON'S.LAND, NORTH 00°43'00" EAST TO THE SOUTH LINE OF THE NORTH 162.65,FEET(MEASURED ALONG THE EAST AND WEST LI�IES) OF TI-II; LANI� DESCRIBED IN THE DEED 7'O KENNGTf1 C. SNYDER, ETUX, RECOFtDED JUN� 10, 1968 AS DOCUIvIENT NO. 9G618; THENCE EAST ALONG SAID SOUTI-I LINE TO THis WEST LINE OE THE HER1ilNABOVE REFERRED 7'O DANIELSON'S LAND; THENCL ALONG SAII� WEST L1NE SOUTH 00°43'00" WEST, 321.97 FEE"f 'CO THE EOINT OF BEGINNING. PARGEi,2: TIIATPORTION OP TEIG SOU"C19LAS"f QUARTER UF 'LHL SOUTHWGS"C QUAR"I'ER UF SECTION 14�'TOWNSHIP.14 SOUTH, RANGE 2 WEST; SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAL]EORNIA, ACCOR]�ING TO "GHE OFPICIAL PLAT THEREOF, DESCRIBED AS FOL-LOWS: � � 10581 COMMENCING AT A P.OINT WHICH [S 30.00 FEET DI$TANT NORTHGRLY AT RIGH�I` ANGLES FROM THE CENTER LINE OF TH� 40 FOOT COUN"CY ROAD TO POWAY, SAID"POINT OF BEGINNING II�ARING NORTH 70°02'46""EAST 1005.15 FEET FROM "CHE POINT OE iNTCRS�CTION OFTHE SOUTH LINE OF SAIU SEC'C[ON 14 WITH THE CENTER L11VE OF NIISSION.ROAD 1-A A'f STATION 378 + 70:9'THEREON, AS�SHOWN ON MAP THEREOF ON FILE IN THE OFFICE OF COUNTY SURVEY.Okt OF SAID SAN DIEGO COUNTY, AND B�ING ALSO THE SOUI'HWES'I' CORNER OF LAND DESCRIBED IN "I'HE DEED FROM 2. T. CREMER, GT UX, TO EVERETT DANIELSON, ET UX; DATED OCTOSER 4, 1940, RECORDED OCTOBER t6, 1940 IN BOOK 1085, PAGE'127 OF OFFICIAL RECORDS; RLINN[NG THENCE PARALLEL WITH AND 30.00 FEET NORTHERLY AT RIGHT ANGLES FROM THE CENTER LING OF SAID POWAY ROAD SOUTH 83°20'00" WGST, 133.69 FEET TO THE TRUE POIN7' OF BEGIi�TNING; THENCE CONTINUWG AL.ONG SAID PARALLGL LINE�OUTIi �3°20'00" WEST, 133.fi8 FEET TO.THE.�;AST LINE OF LAND AS.DESCRIBED IN PARCEL 2 OG' TH�DEED TO J. FRANK ZITTELL AND CHARLOTTE G. ZITTELL, RECORDED MARCH 26, 1947, IN BOOK 2374, PAGE 80 OF OFFICIAL RECORDS; THENCE ALONG THE EAST LINE OF LAND AS DESCRIBED Tt�' SAID EARCEL 2, NORTI-I 00°43.'00" EAST TO THE SOUTE-IWEST CORNER OF'THE NORTH 1'62.65 FEET (MEASURED ALONG THE EAST AND WEST LiINHS) OF THE LAND DESCR[BED IN DEED TO KENN�TII Ct SNYDER, ETUS, RECORDED'1UN� 10, 1968 AS'DOCUMENT NO.96G18; THENCE EAST ALONG THE SOUTFI LINB OP SAIll NORTH 162.65 FEET TO A LINE WHICH BEARS NORTH � 00°43'00"`EAST, PARALLLL WI"fH THE�WEST LINE OF SAID DANIELSON'$ LANDS, FROM THE TRUE POINT OF BEGINNING; THENCE SOUTII 00°43'00" WCST TO THE TRUE POINT OF BEGINNING. PARCEL 3: A NON-E3XCLUSIVE EASEMLNT FOR THE INGRESS AND EGRESS OF MOTOR VSHICLES AND PEDESTRIANS "1'O PERVIIT THE PREE FLOW OF VEH[CULAR AND PEDESTRIAN INGRESS AND EGRESS PURSUANT TO RECIPROCAL EASEMENT AGREEMENT RECORDED MAY 25, 2011, AS DOCUMENT NO. 2011-0268977 OF OFPICIAL RECORDS, TO, FROM, OVER, AND ACROSS TIIOSG PORT[ONS OF "CHE PROPERTIES DESCRIBED IN DEEDS TO CISSY FISHLR 121:COKllGD MAY 13, 1994, AS DOCUMENT NO. i994-0317060 AND TO POWAY PAMILY HOUSING PARTNERS RECORDGD DLCEn%1BL'R'22, 2009 AS DOCU^dEN"f VO. 2009=704717,- BOTH IN THE OFFICIAL,RECO['�DS IN THr OFFICE OF THE CpIJ�`"i'Y RL'CORDT'R C�P' SAN DIEGO COUNTY; STATE OF CALIFORNIA, TOG�THGR 'W1TH A PORTION OF PARCEL. 1 ACCORDING TO PARCEL,MAP THGREOF`NO. 3710, FILED 1N THE COUNTY OF SAN DIEGO RECORDER'S OPIi[CL', APRIL L9, 1975, BE1NG MORE PARTICULARI:Y DESCRBED IN Pd1tCELS A AND B AS FOLtiOWS: � 10582 PARCEL A: A 34.00 FOOT`WIDE:STRIP OF LAND LYING 14.00 P'EET EASTERLY OE, MEASURED . AT RIGHT ANGLES, AND PARALLLL WITH THE POLLOWING'DESCIZiBED LINE AND 20 FOOT WESTERLY OF, MEASURED AT RIGHT ANGLES, AND PARALLEL V✓ITH THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEAST CORNER OF 7'HE P20PERTY DESCR[BED Il�' SAID FISHER DEED; THENCE ALONG THE EASTERLY LINE OF SAID PROPERTY NORTH O1°52'33" EAST 503:39 FEET TO A POINT ON TIIE WESTERLY LINE OF SAID PARC�L 1 OF PARCEL MAP 3710; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID EASTERLY LINE OF SAID FISHER PROPERTY NORTH O1°52'33'' EAST 36.92 EEET TO THE BEGINNING OF A 1'ANGENT 2i.00 FOOT Rf1DIUS CURVE, CONCAVE WESTERLY, THENCE NORTHERLY ALONG SAID CURV& THROUGH A CENTRAL ANGLE OF 28°19'49" AN ARC DISTANCE OF ]0.38 FEET; THENCE NORTH 26°2T16" WEST 4.42 E��T, MORE OR LGSS, TO A POINT ON A NON-Tt1NGENT 1250.00 FOOT RADIUS CURUE; A RADIAL LINE TO SAID POINT BEARS SOUTH 19°23'18" EAST; SAID POINT AtiSO BEING ON THE SOUTHERLY RIGHT-OF'WAY LINE OF POWAY ROAD (100 FEET WIDE) AND THE POINT OF TERMINATION AND HEREAFTER DESCRIBEDAS POINT"A". PARCGL B: COMMENCING AT THE HEREINABOVE DESCRIBED P.OINT "A", THENC� SOUTHW"ESTERCY ALONG SAID SOUTHERLY RIGHT-OF=WAY LINE OF SAID POWAY':ROAD'THROUGH A CENTKAL ANGLL: OF 00°SY29" AN ARC DISTANCF OF 201:7 FEET TO A POINT ON THE WESTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL A AND T[-IE TRUE POINT OF BEGINNING; THENCB ALONG SAID WESTERLY LINE SOUTII 26°27'16" EAST 7.07 P�GT TO THE BEGINNING OP A TANGENT L00 FOOT RADIUS CUItVE, CONCAVE WESTERLY;THENCE ALONG SAID CURVE THROUGH A OENTRAL ANGI..E OF 28°19'49" AN ARC nISTANCE. OF 0.49 FEET ; THENCE; SOUTH Ol°52'33" WEST 54:53 PEET; THENCE LEAVING SAID WESTERLY LINE NORTH 02°08'3G" WEST 28.54 FEET; THENCE NORTH Ol°52'33" EAST 18.92 FEi,T"TO THE BEGINNING OP A TANGENT 7.50 POOT-R.ADIUS CURVE, GONCAVE SOU:THW�STERLY; '1HENCE NGR"1'iIERLY ALONG SAID CURVE THROUGH A CENTRAL�ANGLE OF 80°28'23"AN ARC DI_STAN6E�OF'10.-53 FEET TO A PONT OE ,REVERSG CURVATURE WITH.A 7.50 FOOT R:4DIUS' CURVE CONCAVE NORTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH I]jO24']0".EAST; �TH6NCE NORTHERLY ALONG SA[D CURVG THROUGH A CGNTRAL ANGLE OF 43°59'S0"AN ARC DISTANCE OF 5.76 FEET TO A POINT ON ANON-TANG�NT 1250.00 FOOT RADIUS CURVE, A RAD[AL LINE TO SAID PO[NT BEARS SOUTH 17°59'47" EAST, ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY L�1VE OF SAID POWAY ROAD; THENCE NORTHEASTERLY AI:ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°28'02" AN ARC DIS"CANCE OF 10.20 EEET TO THE TRUE POINT OF BEGINNING.