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HomeMy WebLinkAboutCC Resolution 9804 (Baypoint Village Unit III BMR)RESOLUTION NO.9 8 0 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A BELOW MARKET RATE RENTAL AGREEMENT BETWEEN SPINNAKER POINT DEVELOPMENT INC., A CALIFORNIA CORPORATION AND THE CITY OF SAN RAFAEL FOR TWENTY NINE BELOW MARKET RATE RENTAL UNITS RE: BAYPOINT VILLAGE UNIT III THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a Below Market Rate Housing Agreement between Spinnaker Point Development Inc., a California Corporation and the City of San Rafael, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCE', I, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at the regular meeting of the Council of said City on Monday, the 3rd day of March, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS : Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS : Miller JEWNNE M. LEONC)M, City Clerk RECORDING REQUESTED WHEN RECORDED MAIL TO: r Gi o dao ���, cr� 97-0E. 1G3I Rec Fee q-? - 0 2 S• I a 3 I Total Recorded I Official Records 1 County of I MARIN I JOAN C THAYER I Recorder I 11:50am 14 -May -97 I THIS SPACE FOR RECORDERS USE ONLY Z�100 Mav, e --IZzie geyfd Kcfee�, 9ax lean. 7� Ga7cOfq c, THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ADDMONAL RECORDING FEE APPLIES .00 .00 XX 19 . CITY OF SAN RAFAEL BELOW MARKET RATE RENTAL UNIT AGREEMENT Project Name: Bay Point Lagoons Y Address : Catalina Boulevard at Bellam Boulevard W Owner: Spinnaker Point Development Inc. CD THIS BELOW MARKET RATE RENTAL UNIT AGREEMENT AND DECLARATION �Ln OF RESTRICTIVE COVENANTS is made and entered this date May 5 1997, between the CITY OF SAN RAFAEL, a municipal corporation duly organized and Z M existing under the Constitution and laws of the State of California (the "City"), and W � Spinnaker Point Development Inc., a California Corporation (the "Owner"). .Q � " PREAMBLE W Z W W WHEREAS, Owner is required to construct a total of forty (40) below market rate rental units for Phases I, II and III of Baypoint Lagoons. •• z o¢ WHEREAS, 11 of the 40 below market rate rental units have already been WCD onstructed as part of the project known as Ecology House. z� x� W Ln WHEREAS, the Owner proposes to construct a 29 unit residential apartment z o complex located on Bellam Boulevard, San Rafael ("Project"). The proposed 29 unit O° apartment complex is the remainder of the 40 Inclusionary rental units (11 units were built W o as Ecology House) required for the development known as Bay Point Lagoon, Phases I, II and III. a a Q WHEREAS, the Owner owns the real Property located within the corporate limits of ..¢ the City and more particularly described in Exhibit "A" attached and incorporated for o= reference herein and; oc CD cn UJo WHEREAS, the Owner has received the City's approval to construct the Project z } known as Baypoint Lagoons Phases I, II and III; W H x� 3" WHEREAS the City's approval of the Baypoint Lagoons project is conditioned upon Owner's compliance with the Housing Element of the General Plan 2000 and providing low and moderate income rental units as set forth in Exhibit "B" attached and incorporated herein. WHEREAS, Owner and City have previously entered into that certain Below Market Rate Agreement for Spinnaker on the Bay Phase I, dated November 6, 1'989, and recorded February 7, 1997 1 COPY in the Marin County Recorder's office on February 16, 1990, as document number 90 10202 ("Previous Agreement"). The Previous Agreement required Owner to develop 24 below market rate units at the project now known as Phase I of Baypoint Lagoons. NOW, THEREFORE, in consideration for the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owner do hereby contract and agree as follows: AGREEMENT Section 1. DEFINITIONS AND INTERPRETATION. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the following terms shall have the respective meanings set forth below for all purposes of this Below Market Rate Rental Unit Agreement: "Affordable Housing Expense" is the maximum rent for any unit occupied by a Qualifying Tenant which shall be established and updated using the then current Median Gross Income for the Area as shown for example in Exhibit "B". "Low Income Household" shall mean the occupant (s) of a residential unit in the Project whose aggregate adjusted household income does not exceed 80% of the Median Gross Income for the Area, adjusted for household size. "Low/Moderate Income Unit" refers to the units described in Exhibit "B". "Median Gross Income for the Area" shall mean income for households of an applicable size in the San Francisco PMSA (Primary Metropolitan Statistical Area) most recently determined by HUD adjusted for household size, as provided by Marin Housing Authority. "Moderate Income Household" shall mean the occupant (s) of a residential unit in the Project whose aggregate adjusted household income does not exceed 120% of the Median Gross Income for the Area, adjusted for household size. "Plan" shall mean the City of San Rafael General Plan 2000. "Program Administrator" shall mean the administrator for compliance of the Project with the Below Market Rate Unit Rental Agreement which shall be the City. "Project" shall mean the parcel of real property in the City of San Rafael as described in Exhibit "A" hereto, and all rights and appurtenances pertaining thereto, and the buildings, structures and other improvements constructed or to be constructed thereon, including all fixtures and other property owned, leased or licensed by the Owner and Pebruun 7.1997 2 located on, or used in connection with, such buildings, structures or other improvements, all of which shall be constructed and operated by the Owner in accordance with the restrictions set forth in this Agreement. "Project Period" means a period of forty (40) years commencing on the date of occupancy of 50% of the units in the Project. Upon occupancy of 50% of the units in the Project, Owner and City shall execute, and record, with the Marin County Recorders Office, Exhibit "E" to this Agreement specifying the commencement and expiration date of Project Period. 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. "Qualifying Tenant" means resident households whose incomes do not exceed the household income limits for Low Income Household and/or Moderate Income Household. Section 2. QUALIFYING TENANTS (a) SELECTION. For the duration of the full Project Period, Qualifying Tenant selection shall be based on income eligibility for Low and Moderate Income Households as defined in Section 1 and subject to final approval by the Owner. (b) QUALIFICATION. Qualifying Tenant status shall be determined at the time of initial occupancy of a unit by the tenant(s) and certified annually on the basis of a Tenant Income Certification (Exhibit "C") executed by the Qualifying Tenant and accompanied by a copy of: (1) their federal income tax return for the immediately prior tax year ; or (ii) their employer's verification of current income ; or (iii) if the Qualifying Tenant is self-employed or the tax return is unavailable, such other satisfactory evidence of income. If a qualifying Tenant certifies that he/she did not file or did not retain a copy of their federal tax return, other evidence, such as a current wage statement or employer records must be obtained. (c) OCCUPANCY. Throughout the Project Period, the required Low/Moderate Income Units in the Project shall be occupied and at all times be rented to Qualifying Tenants at rental rates not to exceed the Affordable Housing Expense as set forth in Exhibit B. No Qualifying Tenant shall be denied continued occupancy, because this tenant exceeds the income limits. If, as of the most recent Tenant Income Certification, it is determined that the income of Qualifying Tenant exceeds one hundred -forty percent (140%) of the Median Gross Income for the Area, then they shall no longer qualify as a Qualifying Tenant. The Owner shall provide the next vacated unit (s) of comparable or smaller size to a Qualified Tenant, as needed to achieve compliance. The Owner shall immediately notify, in writing, each tenant who is no longer a Qualified Tenant of such fact, and that such tenant(s) rent is subject to increase 30 days after receipt of such notice. The Owner shall be entitled to so increase any such tenant's rent only if Owner complies with any law applicable thereto and only after the Owner has February 7. 1997 3 rented the next available unit or units in the Project on a one-for-one basis to a Qualified Tenant, or holds units vacant and available for occupancy by Qualified Tenants. The Owner agrees to inform all prospective Qualifying Tenants of the requirements for annual certification of income and of the provisions of the preceding paragraphs. Section 3. REPORTING. (a) EXHIBIT "C" TENANT INCOME CERTIFICATION. Exhibit C shall be obtained from each Qualified Tenant and maintained on file by the Owner. If not previously submitted, attach copy and submit with Exhibit D to the Program Administrator. (b) EXHIBIT "D" CERTIFICATION OF CONTINUING COMPLIANCE. Exhibit D shall be submitted by the Owner to the Program Administrator quarterly until the project is fifty percent (50%) occupied and semi-annually thereafter for the Project Period. © The Owner shall permit the Program Administrator to inspect the Project records at the Owner's office upon 10 days notice. Section 4. COVENANTS. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the land comprising the Project for the benefit thereof, and the burdens and benefits thereof shall bind and inure to the benefit of all successors in interest of the parties hereto; provided, however, that on the termination of this Agreement said covenants shall expire. Section 5. TERM. This Agreement shall become effective upon its execution and delivery. Except as provided in the immediately following paragraph, this Agreement shall remain in full force and effect for the Project Period. Section 6. DEFAULT AND ENFORCEMENT. In the event the Owner leases any unit at a rent in violation of this Agreement, the Owner shall immediately, upon notice from the City, rent the unit at the Affordable Housing Rent in accordance with Exhibit B of this Agreement and pay; (1) to the Qualifying Tenant, an amount equal to the difference between the amount the Owner actually received for the Unit leased in violation of this Agreement and the amount the Owner would have received pursuant to Exhibit B of this Agreement for the term of the violation; and (ii) to the City, as liquidated damages, an amount equal to two times the difference between the amount the Owner actually received for the Unit leased in violation of this Agreement and the amount the Owner would have received pursuant to Exhibit B of this Agreement for the term of the violation. The parties agree that this formula for establishing liquidated damages is reasonable considering all the circumstances existing on the date of this Agreement, including (a) the range of harm that would result to the City and its housing program under its general plan from violation of this Agreement by the Owner, and (b) the anticipation that proof of the actual damages Februan 7. 1997 4 would be costly and inconvenient. In the event the Tenant cannot be located within a reasonable time the Owner shall pay to the City the total amount due to the Tenant. Section 7. MONITORING FEE. The Owner agrees to pay to the City during the Project Period an annual monitoring fee payable on or before June 1 of each year and shall be calculated at the rate of $50.00 per Low and Moderate Income Unit per year. Total annual fee $1,450.00. If the expenses of the City in monitoring compliance by the Owner, with provisions of this Agreement, are in excess of $1,450.00 in any annual period, the Owner upon written demand shall pay such actual excess costs in an amount not to exceed 10% increase per year. Section 8. UNIT MIX, LOCATION AND HOUSEHOLD SIZE. The Below Market Rate Units shall be located on the parcel described in Exhibit A. Section 9. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Section 10. AMENDMENTS. This Agreement shall be amended only by written instrument signed by all of the parties hereto. Section 11. ATTORNEY'S FEES. In the event that a party to this Agreement brings an action against any other party to this Agreement by reason of the breach of any condition or covenant, in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover from the other reasonable attorney's fees to be fixed by the court which shall render a judgment, as well as the costs of suit. Section 12. SEVERABILITY. If any provision of this Agreement shall be invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction because it conflicts with any other provision (s) or any constitution or statute or rule of public policy, or for any reason, such circumstance shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance or of rendering any other provision or provisions contained herein invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the remaining portions of this Agreement, or any part hereof. Section 13. RECORDING AND FILING. The Owner shall cause this Agreement and all amendments hereto to be recorded and filed in the real property records in the office of the County Recorder of Marin County within 5 working days of the City's execution of the Agreement and shall pay all fees and charges incurred in connection therewith and shall transmit a recorded copy to the City. Upon the expiration of the Project Period the City shall cooperate with the Owner, at the sole expense of the Owner, in the recording of February 7, 1997 5 such instruments or instruments of release or termination as the Owner may reasonably request. Section 14. NOTICE. All notices required or permitted under this Agreement shall be sent by certified United States mail, or an overnight courier service requiring a signed receipt, addressed as follows : TO THE CITY: City of San Rafael Attn : City Manager P.O. Box 151560 San Rafael, CA 94915-1560 TO THE OWNER: Spinnaker Point Development Inc. PO Box 3389 San Rafael, CA 94912 Attn : Dennis Horne Notice shall be deemed served for purposes of the Agreement one day after deposit in the United States mail or acceptance by the overnight courier service. Any party may change its address for purpose of notice by giving notice pursuant to this section. Section 15. TERMINATION. This Agreement shall terminate and be of no further force or effect at the end of the Project Period. Section 16. Cancellation of Previous Agreement. This Agreement supersedes and cancels the Previous Agreement referred to in the Preamble. Concurrently with the executing and recording of this Agreement, the parties shall execute and record the Cancellation of Agreement form attached hereto as Exhibit F. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATTEST: By: . JeaMe" M. Leoncini City Clerk CITY OF SAf RAFA BY: /,� JL ✓ Name. Aer Boro Title : Mayor Sp" naker Point Development Inc. BY. ` Nam - D nnis Horne February 7, 1997 6 CALIFORNIA ALL-PURPOL - ACKNOWLEDGMENT J State of Cal i forni a 1 County of Marin On Mon., May 5, 1997 before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Pub ick personally appeared Albert J. Boro, Mayor Name(s) of Signer(a) personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the personl- whose name is/axe<subscribed to the within instrument and acknowledged to me that he/sWttvWexecuted the same in his/t W*eirauthorized capacity(D*, and that by hisJtps Mbeir"signatureo"n the instrument the persons; NANCY EURMAN > or the entity upon behalf of which the person(octed, IL COMM. #1086576 NOTARyPuauC-CAUFORMA Q executed the instrument. Q MARIN COUNTY - Comm. Expires Feb. 4, 21100 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL (v\ 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 City of San Rafael Below Market Rate Rental Unit Title or Type of Document: Agreement re Bay Point Lagoons Document Date: May 5, 1997 Number of Pages: Fourteen (14) Signer(s) Other Than Named Above: Dennis Horne, Spinnaker Point Development Inc. Capacity(les) Claimed by Signer(s) Signer's Name: Albert J. Boro , Mayor Signer's Name: N/A EX Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here l i Signer Is Representing:= Signer Is Representing: City of San Rafael` O 1994 National Notary Association - 8235 Remmet Ave.. P.O. Box 7184 - Canoga Park CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1-600-876-6627 CALIFORNIA ALL-PURPOt_ ACKNOWLEDGMENT State of Cal i forni a County of Mari n On Tues., May 6, 1997 before me, Nancy Eurman, Notary Public Date Name and Title of Olfker (e.g., 'Jane Doe, Notary Publlcj ersonall a eared Dennis Horne Name(s) of Signers) ❑ personally known to me — OR — [A proved to me on the basis of satisfactory evidence to be the personP5�— whose name(er�ris/are subscribed to the within instrument and acknowledged to me that he/N+e/thy, executed the same in his/bodtl -authorized capacity(i rq , and that by r NANCY EURMAN > ,W�, his/her/their signature Q COMM. X1086576 9 (b�-on the instrument the persort(>s- d ,YORNIA C or the entity upon behalf of which the personoj'acted, Q V y My cmftm. EVifes fab 2000 executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 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 City of San Rafael Below Market Rate Rental Unit Title or Type of Document: Agreement re Bay Point Lagoons Document Date: May 5, 1997 Number of Pages: Fourteen (14) Signer(s) Other Than Named Above: Al bert J. Boro , Mayor Capacity(les) Claimed by Signer(s) Signer's Name: Dennis Horne ❑ Individual IX Corporate Officer Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee WN�,_. , ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Spinnaker Point Development, Inc. F�r Signer's Name: ❑ Individual IL ❑ Corporate Officer i Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ElGuardian or Conservator ofieffim ❑ Other: Top of thumb here Signer Is Representing: 1fNl..�t�n, m 1994 Natbnal Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 a 1 1 l Reorder. Call Toll -Free 1 -BOD -876-6627 vAninix "A" Legal Descriution All that certain real property situated in the City of San Rafael, State of California, described as follows: "Parcel 1, as shown on the `Parcel Map of Lot 20, Baypoint Lagoons Unit One -20 RM81-Lands of Spinnaker Point Development, Inc., San Rafael, Marin County, California,' recorded September 16, 1993 in Book 25 of Parcel Maps at page 54, Marin County Records." EXHIBIT "B" CITY OF SAN RAFAEL BELOW MARKET RATE RENTAL AGREEMENT PROJECT NAME: Bay Point Lagoon DATE: ADDRESS: Bellam Blvd OWNER: Spinnaker Point Development Inc. TOTAL NUMBER OF UNITS: 29 TOTAL NUMBER OF LOW / MODERATE INCOME UNITS: 29 NUMBER OF LOW INCOME UNITS: 9 NUMBER OF MODERATE INCOME UNITS: 20 AFFORDABLE HOUSING EXPENSE CALCULATION: For example, using the 1995 Median Gross Income for the Area such calculation would be as follows: Low Income Units: The one bedroom unit Housing Expense shall not exceed 1/12 of 30% of 65% of the median gross annual income for a 2 person household. The two bedroom unit Housing Expense shall not exceed 1/12 of 30% of 65% of the median gross annual income for a 3 person household. The three bedroom unit monthly Housing Expense shall not exceed 1/12 of 30% of 65% of the median gross annual income for a 4 person household. The maximum qualifying tenant income is 80% of median. 1 person 2 person 3 person 4 person Median 41,150 47,050 52,900 58,800 80% 32,950 37,650 42,350 47,050 65% 26,750 30,600 34,400 38,200 1 Bedroom Income : $30,600 Housing Expense 2 Bedroom Income : $34,400 Housing Expense 3 Bedroom Income : $38,200 Housing Expense (Two person household @ 65% of median) : ($30,600/12) x 30% _ $765 (Three person household @ 65% of median) : ($34,400/12) x 30% _ $860 (Four person household @ 65% of median) ($38,200/12) x 30% _ $955 February 7, 1997 1 Moderate Income Units: The one bedroom unit monthly rent shall not exceed 1/12 of 30% of 90% of the median gross annual income for a 2 person household. The two bedroom unit rent shall not exceed 1/12 of 30% of 90% of the median gross annual income for a 3 person household. The maximum qualifying income is 120% of median. The three bedroom unit monthly rent shall not exceed 1/12 of 30% of 90% of the median gross annual income for a 4 person household. 1 person 2 person 3 person 4 person Median 41,150 47,050 52,900 58,800 90% 37,050 42,350 47,650 52,900 1 Bedroom Income: $42,350 (Two person household @90% of median) Housing Expense : ($42,350/12) x 30% = $1,060 2 Bedroom Income : $47,650 (Three person household @ 90% of median) Housing Expense: ($47,650) x 30% = $1,190 3 Bedroom Income : $52,900 (Four person household @ 90% of median) Housing Expense: ($52,900/12) x 30% = $1,325 February 7, 1997 2 EXHIBIT "C" CITY OF SAN RAFAEL BELOW MARKET RATE RENTAL UNIT AGREEMENT TENANT INCOME CERTIFICATION PROJECT NAME: Bay Point Lagoons ADDRESS: Bellam Blvd OWNER: Spinnaker Point Development Inc. APARTMENT NO. MONTHLY RENT: TENANT / HOUSEHOLD NAME: last DATE: first TOTAL CURRENT HOUSEHOLD GROSS ANNUAL INCOME: (total household income includes all wages, salaries, etc., as reported as gross income for federal income tax or pay stubs or other relevant documentation.) Attached hereto are federal or state income tax returns, stubs from paychecks or other evidence of the income of the persons listed below. Name of Member of the Relationship Age Social Place of Household Security No. Employment I/We the undersigned have read and answered fully, frankly and personally each of the above questions under penalty of purjury and do hereby swear they are true. Tenant - Head of Household Date : February 7, 1997 • EXHIBIT "D" CITY OF SAN RAFAEL BELOW MARKET RATE RENTAL UNIT AGREEMENT CERTIFICATION OF CONTINUING COMPLIANCE PROJECT NAME: Bay Point Lagoons DATE: ADDRESS: Bellam Blvd OWNER: Spinnaker Point Development Inc. TOTAL UNITS: 29 TOTAL LOW and MODERATE INCOME UNITS: 29 The undersigned, in accordance with the BELOW MARKET RATE RENTAL UNIT AGREEMENT with the City of San Rafael dated for the Project does hereby certify that during the preceding twelve (12) months, the following units were occupied in accordance with the Below Market Rate Rental Unit Agreement and does hereby further certify that the representation set forth herein are true and correct to the best of the undersigned's knowledge. Low Income Unit Monthly Annual Household Tenants Name No. Rent Income size Signed : Date Owner attach additional sheets if necessary February 7, 1997 EXHIBIT "E" CITY OF SAN RAFAEL BELOW MARKET RATE RENTAL AGREEMENT NOTICE OF COMMENCEMENT OF PROJECT PERIOD PROJECT NAME: Bay Point Lagoons DATE: ADDRESS: Bellam Blvd OWNER: Spinnaker Point Development Inc. The "Project Period" as defined in that certain BELOW MARKET RATE RENTAL UNIT AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, recorded on , as Document # , in the Office of the Marin County Recorder and pertaining to the real property within the City of San Rafael, State of California, described in Exhibit "A" attached hereto, commenced on The Project Period will expire on CITY OF SAN RAFAEL ATTEST: Name: Title : City Clerk Fovivk I F4 -0 BY: Name: Title: February 7, 1997 EXHIBIT "F" CITY OF SAN RAFAEL BELOW MARKET RATE RENTAL UNIT AGREEMENT CANCELLATION OF AGREEMENT FORM PROJECT NAME: Bay Point Lagoons DATE : May 5, 19.9.7 ADDRESS: Bellam Blvd OWNER: Spinnaker Point Development Inc. THE BELOW MARKET RATE RENTAL UNIT AGREEMENT, dated November 6, 1989, and recorded on February 16, 1990, as document number 9 0 10 2 0 2 , is canceled, and is null and void. City of San el B ALERT J. B Mayo r Owne DEN S HORNE innaker Point Development Inc. February 7, 1997 Attest: CALIFORNIA ALL-PURPO _ ACKNOWLEDGMENT State of Cal if orni a County of Marin On Mon., May 5, 1997 before me, Nancy Eurman,. Notary Public Date Name and Title of Olflcer•(e.g.. 'Jane Doe, Notary Public) personally appeared Albert J. Boro, Mayor Names) of Signer(s) CM personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the persortoe;— whose name(4is/ate-subscribed to the within instrument and acknowledged to me that he%s#te/tBay-executed the same in his/hafteir-authorized capacity(fe#, and that by r NANCY EURMAN his/ gnature�-on the instrument the person4s� O COMM. #1086576 or the entity upon behalf of which the person acted, fL '" N° MAR P L executed the instrument. Q My COOL EVIM Fah. 4.2000 " " " WITNESS my hand and official seal. ]� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent t fraudulent removal and reattachment of this form to another document. It Description of Attached Document Exhibit "F" to City of Title or Type of Document: Rental Unit Agreement re Bay Point Lagoons Document Date: May 5, 1997 l t t San Rafael Below Market Rate t t -- Cancellation of Aqreement Form t Signer(s) Other Than Named Above: Dennis Horne, Spinnaker Capacity(ies) Claimed by Signer(s) Signer's Name: Albert J. Boro , Mayor CX Individual El Corporate Officer Title(s): El Partner — El Limited El General ❑ Attomey-in-Fact ❑ Trustee El Guardian or Conservator El Other: Top of thumb here Signer Is Representing: City of San Rafael t t Number of Pages: One (1) r Point Development Inc. t t Signer's Name: N/A t t t ❑ Individual t t ❑ Corporate Officer t Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee _ _ _ ❑ Guardian or Conservator ,` - - ❑ Other: Top of thumb here Ilk1 1 Signer Is Representing: 0 1994 National Notary Association • 8235 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91389.7184 i Prod. No. 5907 Reorder. Call Toll -Free 1-800-676.6827 CALIFORNIA ALL-PURPOS— ACKNOWLEDGMENT W. -rr►"`►-i--:f��rrrP.;.; ff�fffrrir.�ZSrrrr,C.GCiC�► State of Cal i forni a County of Mari n On Tues., May 6, 1997 before me, Nancy Eurman, Notary Public Date Name and Title at Officer (e.g., 'Jane Doe, Notary Public") personally appeared Dennis Horne Name(s) of Signer(a) ❑ personally known to me – OR – [X proved to me on the basis of satisfactory evidence to be the person /✓V7 I A -a Signature of Notary Publl 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 x�Qcurr� t ibIt V to City of San Rafael Below Market Rate Title or Type of Document: Rental Unit Agreement -- Cancellation of Agreement Form Document Date: May 5. 1997 Number of Pages: One (1) Signer(s) Other Than Named Above: Albert J. Boro , Mayor Capacity(ies) Claimed by Signer(s) Signer's Name: Dennis Horne ❑ Individual CX Corporate Officer Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee Ulleld 911 „`__. ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Spinnaker Point Development, Inc. Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited [:]General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: �.�. _, .•rrr L.L rrr rrrrrrrr rdr -i a..e.a.�e.a� 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Calf Toll -Free 14800-8766827 whose nameWs/dmsubscribed to the within instrument and acknowledged to me that he/dWtbsy-executed the same in his/hoWthBiF-authorized capacity(i9s), and that by r his/Wthe"gnature(*en the instrument the person r NANCY EURIV AN 0 or the entity upon behalf of which the person acted, COMM. !1086576 executed the instrument. NOTARLum ouffly 1A Q 0 My Comm. Esp(res Feb.4.2000 1 V V V V v V V k WITNESS my hand and official seal. /✓V7 I A -a Signature of Notary Publl 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 x�Qcurr� t ibIt V to City of San Rafael Below Market Rate Title or Type of Document: Rental Unit Agreement -- Cancellation of Agreement Form Document Date: May 5. 1997 Number of Pages: One (1) Signer(s) Other Than Named Above: Albert J. Boro , Mayor Capacity(ies) Claimed by Signer(s) Signer's Name: Dennis Horne ❑ Individual CX Corporate Officer Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee Ulleld 911 „`__. ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Spinnaker Point Development, Inc. Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited [:]General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: �.�. _, .•rrr L.L rrr rrrrrrrr rdr -i a..e.a.�e.a� 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Calf Toll -Free 14800-8766827