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.