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HomeMy WebLinkAboutCC Resolution 9072 (BMR McInnis Housing Partners)RESOLUTION NO. 9Q72 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL AUTHORIZING THE SIGNING OF FIRST AMENDMENT TO BELOW MARKET RATE RENTAL UNIT AGREEMENT, TERMINATION OF DECLARATION OF RESTRICTIONS, AND PARTIAL TERMINATION AGREEMENT (LOT 5B) BETWEEN CITY OF SAN RAFAEL AND MCINNIS HOUSING PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, the following documents between CITY OF SAN RAFAEL and MCINNIS HOUSING PARTNERS, a California limited partnership: 1. FIRST AMENDMENT TO BELOW MARKET RATE RENTAL UNIT AGREEMENT. 2. TERMINATION OF DECLARATION OF RESTRICTIONS. 3. PARTIAL TERMINATION AGREEMENT (LOT 5B). copies of which are hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Regular meeting of the City Council of said City held on the 6th day of December, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE � M. LEONCINI, City Clerk �'# Recording Requested by and When Recorded Return to: GREENE, RADOVSKY, MALONEY & SHARE Spear Street Tower, Suite 4200 One Market Plaza San Francisco, CA 94105-1126 Attention: Thomas M. Feldstein And When Recorded, Return to: City Clerk City of San Rafael 1400 - 5th Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Jeanne M. Leoncini (Space above this line for Recorder's Use) CITY OF SAN RAFAEL FIRST AMENDMENT TO BELOW MARKET RATE RENTAL UNIT AGREEMENT This First Amendment to Below Market Rate Rental Unit Agreement (the "First Amendment") is made and entered into this 6th day of December, 1993, between the City of San Rafael, a municipal corporation duly organized and existing under the constitution and laws of the State of California (the "City"), and McInnis Housing Partners, a California limited partnership (the "Owner"). Recitals On September 17, 1990, the City and Owner entered into that certain Below Market Rate Rental Unit Agreement (the "Agreement") under the terms of which Owner agreed to accept certain restrictions on the rental of apartment units at Owner's ninety-eight (98) unit rental apartment complex located at McInnis Park Boulevard, commonly known as the McInnis Park Apartments, which property is more particularly described on Exhibit "A" attached hereto. 27846/0808 TMFIDD.P50 COPY Owner and City now desire to amend the Agreement to provide for an extension of the Project Period. NOW, THEREFORE, Owner and City hereby agree as follows: 1. All defined terms as used in this First Amendment shall have the same meanings as set forth in the Agreement. 2. Section 1 of the Agreement is hereby amended to provide that the Project Period shall mean a period of twenty (20) years commencing on March 22, 1989 (the date of occupancy of fifty percent (50%) of the units). The restrictions set forth herein shall be deemed covenants running with the land; provided, however, that upon termination of this Agreement said covenants shall expire. The Project Period shall expire on March 22, 2009. 3. In all other respects, the Agreement remains unchanged and in full force and effect. WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF SAN RAFAEL, a municipal corporation duly organized and existing under the constitutiona and laws of the State of California By: lbe P.7" ro� ItS Malr�r J nne M. Leohcini, City Clerk 27846/0808 TMFIGD.P50 MCINNIS HOUSING PARTNERS, a California limited partnership By McInnis Park Venture, a California limited partnership Its General Partner By: ohn Shalavi Its General Partner F, State of California County of Marin On December 13, 1993 before me, JEANNE M. LEONCINI, a Notary Public in and for said County and State, personally appeared Albert J. Boro, Mavor of the Citv of San Rafael, personally known to me (er prev d to KL—RK the basis—ef =atizfaeter ev4d nee) to be the person(s) whose name (s) is/ase subscribed to the within instrument and acknowledged to me that he/sheith-'=-=y executed the same in his/her--iVaair authorized capacity(3es), and that by his/heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. %i JEAN Nom. LEONCINI, NOTARY PUBLIC My commission expires 1/12/96 STATE OF CALIFORNIA COUNTY OF On 1 -\In p�"t JEANNE M. LEONC114 COMM. NotaryPtfo—Caiiit * MARIN COUNTY QMY Carnet. E*NUJAN 12,IM ss. before me, personally appeared nn�n-a.Ily lrnnwn }o. me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is / are subscribed to the within instrument and acknowledged to me that he /she /they executed the same In his / her / their authorized capacity(ies), and that by his /her / their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WIT $S my hand and ici s "ignatu Farm 3212-1 (Rev. 1-1-92) LISA SALDIVAR V Comm."979170 (7 as : NOTARY PUBLIC CALIFORNIA MARIN COUNTY n v V v - -Comm Expires Nov 29, 199 1 (Seal) 40 5B324 =111rT Ph" Elsa land rafarred to in this policy 3s sfttated in to Stam of C&Lifdrnta, County of Mauro, Clay of San Rafael, and is daaaribeci as follow�e: _ LCT 58, as isho n In solid liners upon that certain parcel map ente tlad, "Parcel Hap of trot Cine Adjustment ♦ tats S, 12 and Parcel Cr 80L�th RAnch -, Homely portion - 17 R.H. 39 -- 21 P.M. 86, Von PAfael, cerin County, California," filyd for record .duly 30, 1886 in Vol=e 23 of parcel heaps, at Psge 46. PArin County Records, the extcrior.boVAavy of which is desmihad As follower beginning at the intersection of the courses "North 30 240 24" fit, 40.93 feet; and "Nandi 51 280 36" Wut * 1207.29 feet" as ftl0wn and delineated an the exterior boundary Of that Certain map mt1tiod, "paroal resp of Lot Line Adjustment - Gats Be 12 Z parcel c, Smith stanch Northerly Portion - 17 X.M. 39 ♦ 21 P.H. 88", record*d July 30, 1986, in Book 23 of Parcrl Maps At psga 46, Morin Ca=ty It*cords, and bslrq the northeast cornwe of wt 58, as Shown on said eateal Map (23 PM 46) t thence alorq the exterior boundary of =Ld Got 38 (23 FM 46) t!e following C=ses and distanced= South 3 24' 24" Wast, 40.93 feet; thence South 7 360 24" Witt. 299.03 feet; thence southwesterly along a tangent ounce to thp right,, having a radius of 2777:78' feet, through in eantxa, angle 4f 3 130 02", an are length of 109'.il feet; -thence SAuthtaastberly aLem a 9=;*wA =V6 to the right: who= center basca North 80 08' 341' oaesC, having a radius. of 1265.45 fest, through a eordteaL angle of 90 Sit' S8", an arc length of 20.48 test; theme south 19 $0' 24" Vbst, 631.53 feet; thence South 26 37' 5211 rest, 84.37 fSet; thence wasted along a reeve to the Left whose cantrr bears South 20 06' 16" wait, having a radius of 850 felt. t',heaugh a cge►t=al angld of 7 39' 57111 an arc length of x113.73 feet; Chance Horth 7 83' 21" Fact 148.05 F6ot; thence Notth 33 26' 30" East, 150.01 flat; lhlnae Manch 19 50' 24" FiAst, 435.59 feet; thence nottheast:erty a1Qn1 a twnent curve to vo left, Moving a radius 09 U68.45 feet. *rough a central angle of 9 580 5810• an are length of 203.06 feet; thence roc tho"terly aidrq a aaapaund cusva to the left whose coeur beers North 80 os' 34" ftm, having a radius of 2677.78 feet, through a canto al Wgle of 2° i5' 0211, an aro length of 105.18 fast; thence Horth 33 00' 00" WMA320.96 n feet; thine north 740 00' 00" *at B 86.85 feet; theses &Mth 70 00100" est, 135.00 feet; 'thence North 41 00000" West* 60.00 feet; thenca North 8 0000" Wast, 295.00 feet; thence North 29u 00100" vast -40.00 feet; thence North 380 31' 24" East, 711.48 fest; thenen north 48 23, 56" West, 27.39 feet; thenen North 38 31' 241' East. 71.33 feet and thence South 51° 18' 36" East, 894.25 feet to the Point of Beginning, Aix of the foregoing being the saga real property deaignatad as Got 5B, an shown on that certain certified survey (Job jig, 124-87) , dated FabruarY 25, 1988, prepared by Oberkaapar and Associates, Civil Engineers, 1M., San Rafael• California. TERMINATION OF DECLARATION OF RESTRICTIONS This Termination of Declaration of Restrictions (the "Termination") is made as of this 6th day of December, 1993, by and among McInnis Housing Partners, a California limited partner- ship ("MHP"), the City of San Rafael, a municipal corporation duly organized and existing under the constitution and laws of the State of California (the "City"), and the Marin Housing Development Corporation, a California nonprofit public benefit corporation ("MHDC"). Recitals On February 9, 1989, MHP executed those certain Declaration of Restrictions (the "Declaration") which were recorded on February 10, 1989 in the Official Records of Marin County, California, as Instrument No. 89 08708. The Declaration was made pursuant to Section 6(g) of that certain Development Agreement, dated as of June 3, 1985, and recorded on September 10, 1985 in the Official Records of Marin County, California, as Instrument No. 85039085. Concurrently with the execution of this Termination, the MHDC has agreed to release and relinquish its interest in MHP in consideration of MHP's agreement with the City of San Rafael to further extend the term of that certain Below Market Rate Rental Unit Agreement dated as of September 17, 1990. NOW THEREFORE, MHP, the MHDC and the City hereby agree as follows: 1. From and after the date of this Termination, the Declaration shall be deemed terminated and shall have no further force and effect. IN WITNESS WHEREOF, this Termination has been executed as of the date and year first above written. MCINNIS HOUSING PARTNERS, a California limited partnership By McInnis Park Venture, a California limited partnership Its General Partner By o Shalavi s General Partner [Signatures continued on next page.] 27846/0808 TMFIGE.P50 LN01;' CITY OF SAN RAFAEL, a municipal corporation duly organized and existing under the constitution and laws of the State of California ATTEST: By:) } J. Bor6Zo Its Mayor eanne M. Leoncini City Clerk MARIN HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation 27846/0808 TMFI0E.P50 Its I County of Marin On January 13, 1994 before me, Elizabeth Beruiett , a Notary Public in and for the said County and State, personally appeared Richard M. Adams personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity (ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires 09-26-97 ELIZABETH BENNETT Z COMM. # 1005169 z p Notary Public — Caiifomia D SAN FRANCISCO COUNTY r My Comm. Expires SEP 26. 1997 91' State of California County of Marin On December 13, 1993 before me, JEANNE M. LEONCINI, a Notary Public in and for said County and State, personally appeared Albert J. Boro, Mavor of the Citv of San Rafael, personally known to me ( cr. the -Ietcic of satis=aete ) to be the person(s) whose name (,&) is/are subscribed to the within instrument and acknowledged to me that he/chi executed the same in his/heritheir authorized capacity(), and that by his/h:~-" heli signature (,&) on the instrument the person(s), or the entity upon behalf of which the person(,&) acted, executed the instrument. WITNESS my hand and official seal. JEANN]Q' Df.- L EONCINI, NOTARY PUBLIC ' My commission expires 1/12/96 STATE OF CALIFORNIA COUNTY OF m--� On \ — \moi q - JEANNE M. LEONCINI COL M. $9521M a Notary PUWC--GRkNnl9 ' MARIN COUNTY W Comm. Expires JAN 1 ZION SS. before me, Uza &1., oo V a -v - , personally appeared "rsona I =mo (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is / are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his / her / their authorized capacity(ies), and that by his /her / their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _"TN*S my hand and c ' ' 1 s Signatur !=orm 3212-1 (Rev. 1-1-92) r eii LISA SALDIVAR k„ V�p � Comm. #979170 MV � �o . OTARY PUBLIC CALIFORNIAy, n _ 2 n MARIN COUNTY Comm E:pass Nov —, I— (Seal) Recording Requested by: GREENE, RADOVSKY, MALONEY & SHARE Spear Street Tower, Suite 4200 One Market Plaza San Francisco, California 94105 Attn: Thomas M. Feldstein And When Recorded Return to: City Clerk City of San Rafael 1400 - 5th Avenue P.O. Box 151560 San Rafael, California 94915-1560 Attn: Jeanne M. Leoncini PARTIAL TERMINATION AGREEMENT (LOT 5B) This Partial Termination Agreement (Lot 5B) (the "Termination Agreement") is dated as of December 6, 1993, and is by and between the City of San Rafael, a municipal corporation (the "City"), and McInnis Housing Partners, a California limited partnership ("MHP"). Recitals A. By instrument, dated as of June 3, 1985, and recorded in the Marin County Official Records on September 10, 1985, as Instrument No. 85039085, Medical Retirement Communities, Inc. ("MRC"), Sagra, Inc. ("Sagra"), the City and the Marin Housing Development Corporation ("MHDC"), entered into that certain Development Agreement (the "Development Agreement") for that certain real property commonly known as Lots 5A, 5B and 12, Smith Ranch, located in the City of San Rafael, County of Marin, State of California, as more particularly described in Exhibit "A" attached hereto (collectively, the "Property"). On August 12, 1987, Tishman Speyer Mediq Marin Limited Partnership ("Tishman Speyer") acquired the Property and MRC's and Sagra's right, title and interest in and to the Development Agreement and assumed MRC's 27846/0808 12/06/93 TMFIQF.P50 Copy ' ^ L) and Sagra's duties, obligations and liabilities under the Development Agreement. B. By instrument, dated as of September 18, 1989, and recorded in the Marin County Official Records on January 5, 1990, as Instrument No. 9000969, the City, MHDC, Tishman Speyer and MHP (the successor -in -interest to Tishman Speyer with respect to Lot 5B of Smith Ranch) entered into that certain First Amendment to Development Agreement (the "First Amendment") under the terms of which the Development Agreement was bifurcated such that compliance by the owner of Lot 5B with the terms and provisions of the Development Agreement would not affect the rights under the Development Agreement of the owner of Lots 5A and 12, nor would compliance by the owner of Lots 5A and 12 with the terms and provisions of the Development Agreement affect the rights under the Development Agreement of the owner of Lot 5B. C. As a result of the recordation of that certain Declaration of Restrictions affecting Lot 5B, dated as of February 9, 1989, in the Official Records of Marin County, California, as Instrument No. 89 08707, and the execution by the City and MHP of that certain Below Market Rate Rental Unit Agreement, dated as of September 17, 1990, the parties have decided to terminate the Development Agreement as to Lot 5B. NOW, THEREFORE, the City and MHP hereby agree as follows: 1. Unless otherwise provided herein, all capitalized terms used in this Termination Agreement shall have the meanings provided for those terms used in the Development Agreement. 2. The Development Agreement is hereby amended to provide that from and after the date of this Termination Agreement, the Development Agreement shall no longer benefit, encumber, burden or otherwise affect Lot 5B of Smith Ranch, as more particularly described on Exhibit "A" attached hereto, shall be deemed released of record with respect thereto and all references to Lot 5B within the Development Agreement shall be deemed deleted and of no further force or effect. 3. From and after the date of this Termination Agreement, the Development Agreement shall continue in full force and effect only with respect to Lot 12 of Smith Ranch. TMF1QF.P50 2 IN WITNESS WHEREOF, this Termination Agreement has been executed by the parties as of the day and year first above written. CITY: CITY OF SAN RAFAEL By: / / y r / ATTEST: BY : a �, . C � C erk APPROVED AS TO FORM: By: ' �1 G�GL�n� �fk City At orney MCINNIS HOUSING PARTNERS, a California Limited Partnership By McInnis Park Venture, a California limited partnership Its General Partner 10 By: J n Shalavi is General Partner TMFIQF.P50 3 State of California ) County of Marin ) On December 13, 1993 before me, JEANNE M. LEONCINI, a Notary Public personally in and for said County and State, p Y appeared Albert J. Boro, Mavor of the City of San Rafael, personally known to me (or pi-eved te me en t; .#a„----cA) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/c'e- ��t4 authorized capacity(Ies), and that by executed the same in his/--�-, =--"' his/ signature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Ihf JE WNENLLE MCINL - COLGLOGUM Z 'a MOtsy Ptidc—C+ Z MAR M COUNTY r JEANNE LEONCINI , ' NOTARY PUBLIC * Comm. ExpkwJAN 12,1996 MY commission expires 1 12 96 STATE OF CALIFORNIA SS. COUNTY OF MgJ- �- '� \— 't- before V l I'jaw On me, vQ 'DW personally appeared red Mse me by of _aamoaafty kn, now_tn me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is / are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his / her f their authorized capacity(les), and that by his /her / their siynature(s) on the ^ ^ r LISA SALDIVAR.f instrument the person(s), or the entity upon behalf of which the person(s) 4 , ...+ K acted, executed the Instrument. �U COMM. #979170 V ���� V NOTARYPUSLIC CALIFORNIA WITN S my hand and Hicial seal. MARIN COUNTY IQ a Comm Expires Nov 29, 1996 ; v V V v 5lgnaturJ -k� (Seal)V ,Form 3212-1 (Rev. 1-1-92) T141 10F.P50 q0 58324 MVIrT Who - "m land caferced to in this SOUCY is situatW in the: State of Quifornia, County Of mein, City of San Rafael and is daaribed as follows: LOT 59, as t hewn in solid lines upon tat certain parcel trap entitled, "Parcel Map of Lot Gine Adjustment ♦ tots 5, 12 and Parcel Cl, 3aith Ranch • Northerly portion - 17 R.M. 39 - 21 P.M. 88, rAn cAfael, Marin Cauntyr Wifornia," filed Eur =vrd .?oly 30, 1986 in Vcl=e 23 of - parcQl Map$, at Peg• 46. Marin County Rocordae the extcrior.how4avy of Which is desc ibed as followat beginning at the lnttrsaction of the coutsea nNorth 30 24' 24" mate 40.93 feet; and "North 51 28' 36" WIst, 1207.29 feet" as ftun and delineated on the exterior bwx Bary of that Certain map 4ntitied, "Parcel. Asap Of Lot Unll Adf ustment -torts 5, 12 a parcel C, gni th Ranch Northerly Portion - 17 R.M. 39 - 21 P.M. 98", recorded July 30, 1986, in Hook 23 of Pa:orl -Maps at psgt 46, mrin County Records, and being the northeast corner of rat 58, as sham on raid PatcaL Map R3 PM 46)1 thence aLorq the exterior boundary of aaLd Got 33 (23 PH 461 the following cmrgea and distances= south 3 24' 24" Wast, 40.93 feet; thence South 7 36' 24" Wont. 299.03 feet: thence southwesterly along a tangent Carve to right, having a radius of 2777.78' Eget, through a eantgol angle of Z 13' 02", an arc lwgth of 109'.11 feat; theme southwest berly alo=q a ampowA 0=4 to the right: whose center besra North 80 08' 34" West* having a radius of 1269.43 feet, through a central angles of 90 SO' 5911, an ara IeWth of Rp.40 feet: thence south 19 50' 24" Wxt, 631.53 feet; thence Muth 26 371 52" W6it, 84.37 Net; thence westerly aloryq a ame to the Left whose centu bears South 20 06' 16" waxt, having a andius of 850 fast, through a eget=al angle of 7 39' 57111 an aro length afo113.73 feet; th+n c:e MG&th 7 83' 21" Etat 148 -OS loot; thence North 33 26' 30" East. 190.01 flat; lh4rioa North 19 50' 24" East, 435.59 feet; thenal northUsttrsy along a tar+9ent curve to left, having a radius ed UGS,,4S feet. Trough a Central arsgI* of 9 set S8", an are lOngth of 203.06 feet:; thence rwrt�aaterly aLong a aaapound aarve 6O the left whose Centra beers North $0 08' 34" mast, having a radius of 2677.78 feet:, thwt*h a cVto:sl ingla of 20 15' 0211, an aro length of 105.18 feet; thence North 33 00' 00" WWx 320.96 feet; thence North 74o 000 00" West b 86.85 fett; thW= Moth 70 00100" West, 133.00 fact; *thence North 41 00'00" West, 160.00 fact; thence North a 00'00" $%see 295.00 feat; trance North 29 00'00" wast -40.00 feet; thence North 389 31' 24" met, 701.48 feet; thenag North 48 25' 56" "92t, 37.39 fast:,• thene0 North 38 31' 241' Eesti, 71.33 feet VW thence South 310 28' 36" FAst, 894.25 feet to the Point of wgiming. ASI of the foregoing being the same cosi property designatad is Lot 5B, as shown on that certain cextitied aurvey (Job 6. 124-87) , dated Mcuary 25, 1988, prepared by eberkampar and Associates, Ctvii Engineers, Inc., Sats Rafael, California.