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HomeMy WebLinkAboutCC Resolution 8246 (McInnis Park Affordable Housing)RESOLUTION NO. 8246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (McInnis Park Apartments Affordable Housing Project) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: The Vice Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a Certificate of Compliance to McInnis Housing Partners, a California Limited Partnership, a copy of which is attached hereto and by this reference made a part hereof. I, JEANNE M. LEONCINI, City 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 17th day of September, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan JEANN LEONCINI, City Clerk IGINAL Recording requested by and when recorded return to: City of San Rafael 1400 - 5th Avenue P.O. Box 60 San Rafael, CA 94915-0060 Return Certified Copies to: Mr. John Shalavi McInnis Housing Partners 180 Harbor Drive Suite 227 Sausalito, CA 94965 CERTIFICATE OF COMPLIANCE Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of September 17, 1990. Recitals McInnis Housing Partners, a California Limited Partnership (the "Partnership"), is the owner of certain real property (the "Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A" attached hereto and incorporated herein by this reference. The Property is subject the terms of a certain Development Agreement (the "Development Agreement") originally entered by and among the City, Medical Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended on September 18, 1989, and recorded on January 5, 1990, as Instrument No. 9000969, Official Records of Marin County, California. California Government Code Section 65865.1 requires annual review by the City of compliance with the Development Agreement in accordance with the procedures established by the City. L•1 41r yJ The City has received substantial factual evidence of good faith compliance by the Partnership with the terms of the Development Agreement, in accordance with the procedures established by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY FIND AND DETERMINE AS FOLLOWS: Section 1. Findinq. The rental policies and activities policies undertaken by the Partnership and described by the Partnership to the City in a public hearing dated September 17, 1990, are hereby found to comply with the terms of the Development Agreement. Section 2. Determination. For the interval commencing with September 18, 1989, and ending September 17, 1990, the Partnership has complied with the terms of the Development Agreement. IN WITNESS WHEREOF, the City Council of the City of San Rafael has caused this Certificate of Compliance to be duly executed and acknowledged. CITY OF SAN RAFAEL, a municipal corporation By: 4� c ' Dorothy Breiner, Vice -Mayor ATTEST: Jea M. ancini, City Clerk APPROVED AS TO FORM: '�� "u- ) & 9Lj_t4E)-L 6 % /L Gary T. a ianti, City Attorney State of California County of Marin On this 24TH day of SEPTEMBER , in the year 1990, before me, Jeanne M. Leoncini, Notary Public in and for the State of California, personally appeared DOROTHY L. BREINER, known to me to be the Vice -Mayor of the City of San Rafael, and known to me to be the person who executed the within instrument on behalf of said agency, and acknowledged to me that such agency executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Marin the date and year in this Certificate of Compliance first above written. lV�Zary Public My commission expires: November 29, 1991 OFFICIAL SEAL JEANNE M. LEOPKINI ; F ^ NOTARY PUBLIC - CALIFORNIA MARIN COUNTY My Comm. Expires Nov. 29,1991 9100 5th Ave., P.O. Box 60, San Rafael, CA 94915-0060 i lV�Zary Public My commission expires: November 29, 1991 EXHIBIT "A" L~tic L r.L4"? A11 that cactain zeal L� situate in the City of San Rafael, COLMty of Marin, State of Califamnia, described as follows: All that portion shown upon that cwtain pasoel mp entitled, "Parr Map of Lot 58 of Parom1 Map of Lot Line Bd just=t Lots 5, 12 & Pastel C, Smith Ran ii - Nartberiy moi^^ - 17 R.M. 39 - 21 P.M. 88' - 23 PM 46 - unviS of medicaidram t C n'nitles, Inc,, San Rafael, H3x!n CcuatY. Chifcaaia", fi.led for xeooxd October 31, 1988 in Hodc 24 of Passel Maq= at Page 36, Marin County R:.... I,.