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2016-0045196
Recorded I REC FEE 0.00
Official Records I
County of I
Itarin I
RICHRRD N. BENSON I
Rssessor-Recorder I
County Clerk I
I a
OB:18RIt 04-0ct-2016 I Page 1 of 7
SCV\ ~\( CA-~~~l5~\S THIS SPACE FOR RECORDER'S USE ONLY
DOCUMENT TITLE
THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
ADDITIONAL RECORDING FEE APPLIES
Cover Page R5 xs
FIRST MODIFICATION OF GRANT AGREEMENT
This First Modification of the Grant Agreement (the "Modification Agreement") is made
as of July 1, 2009 by and between the San Rafael Redevelopment Agency, a public body,
corporate and politic (the "Agency") and Artworks Downtown Inc., a California nonprofit public
benefit corporation (the "Developer").
RECITALS
A. The Agency and the Developer entered into that certain Grant Agreement
executed on April 19, 1999 (the "Grant Agreement"), pursuant to which the Agency granted the
Developer Three Hundred Forty Thousand Dollars ($340,000) of Agency Low and Moderate
Income Housing Fund (the "Grant") in connection with Developer's acquisition and
rehabilitation of the property located at 1325-1337 Fourth Street, San Rafael, California, Marin
County, State of California, that is described in the attached Exhibit A, incorporated herein by
this reference, (the "Development").
B. A Memorandum of Grant Agreement was made as of April 19, 1999 and recorded
against the Development in the Official Records of the County of Marin as Document No. 1999-
0058482 (the "Memorandum of Grant Agreement").
C. The Grant Agreement requires the Developer to operate the Development as
multifamily housing and that all seventeen (17) of the units in the Development be rented to
very-low income households with an Adjusted Income (as defined in the Grant Agreement) that
does not exceed fifty percent (50%) of Median Income (as defined in the Grant Agreement) at
affordable rents as defined in Section 3.10 of the Grant Agreement (the "Affordability
Restrictions").
D. Under the Grant Agreement, the Developer has agreed to operate the
Development pursuant to the Affordability Restrictions for a term of forty (40) years from the
date of execution of the Grant Agreement or a date no earlier than April 19, 2039.
E. To enhance the safety and security of the residents of the Development, the
Developer desires to install fire sprinklers in the Development, the cost of which is estimated to
be One Hundred Thirty-Thousand Dollars ($130,000).
F. The Agency and the Developer desire to modify the Grant Agreement to reflect
an increase in the Grant by a total of One Hundred Thirty Thousand Dollars ($130,000) of
Agency Low and Moderate Income Housing Fund monies, for a total Agency Grant amount of
Four Hundred Seventy Thousand Dollars ($470,000).
G. The Agency desires and the Borrower has agreed to increase the term of the
Affordability Restrictions by an additional fifteen (15) years to a date no earlier than July 1,
2054.
1 ORIGINAL 141\01\675003.3
(
WITH REFERENCE TO THE FACTS RECITED ABOVE, in consideration of the
mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and
sufficiency of which consideration are hereby acknowledged, the Agency and the Developer
(referred to individually as the "Party" and collectively as the "Parties") agree as follows:
1. Amendment of Grant Agreement. The Grant Agreement is hereby amended as
follows:
a) Recital B. Recital B is hereby deleted in its entirety and replaced with the
following:
"Pursuant to Health and Safety Code Sections 33334.2, 33334.3 and 33334.6, the
Agency is providing Four Hundred Seventy Thousand Dollars ($470,000) of financial
assistance to the Developer from the Agency's Low and Moderate Income Housing Fund
and is imposing occupancy and affordability restrictions on the Development."
b) Agency Grant. Section l.1(d) is hereby deleted in its entirety and replaced
with the following:
" (d) "Agency Grant" means the grant to be made by the Agency to the
Developer pursuant to this Agreement in the maximum amount of Four Hundred Seventy
Thousand Dollars ($470,000), as further described in Section 2.1 below."
c) Grant. Section 2.1 is hereby deleted in its entirety and replaced with the
following:
"The Agency shall grant to the Developer the amount of Four Hundred Seventy
Thousand Dollars ($470,000), to be disbursed in the manner described in Section 2.3
below in exchange for the restrictions placed upon the Development by this Grant
Agreement. "
d) Applicability. Section 3.1 is hereby deleted in its entirety and replaced with
the following :
"The Developer shall comply with this Article 3 throughout the Term. The
Developer may not terminate the Grant Agreement by tendering repayment of the
$470,000 grant payment received by the Developer from the Agency."
e) Termination. Section 7.2 is hereby deleted in its entirety and replaced with
the following :
"Unless earlier terminated pursuant to Section 5.1, the term of this Agreement
(the "Term") shall commence as of the date of execution of this Agreement and shall
terminate fifty-five (55) years from the date of this Agreement (the "Expiration Date") or
July 1,2054. Following the Expiration Date, neither Party shall have any further rights
or obligations under the Agreement except as otherwise provided herein."
2
141 \0 1 \675003 .3
1) Enforcement. A new Section7.16 is hereby added to the Agreement to read
as follows:
"7.16 Enforcement.
Notwithstanding any other provision oflaw, all covenants and restrictions
contained herein which implement Health and Safety Code Section 33334.3
and/or 33413(c)(3), or successor provisions, shall run with the land and shall
be enforceable by the City, the Agency and any of the parties listed in Health
and Safety Code Section 33334.3(b )(7), so long as such provision or
successor provisions remains in effect."
g) Database. A new Section7.17 is hereby added to the Agreement to read as
follows:
"7.17 Database.
Developer hereby acknowledges and agrees that Health and Safety Code
Section 33418( c) requires that the Property be listed in a database that shall
be made available to the public on the internet and which will include the
street address, assessor's parcel number, and other information about the
Property. "
2. Attorney's Fees Enforcement. If any attorney is engaged by any party hereto to
enforce or defend any provision of this Modification Agreement, the prevailing party or parties
shall be entitled to costs and reasonable attorney's fees.
3. Effective Date. This Modification Agreement and amendments and deletions
described in this Modification Agreement shall be effective as of the date first set forth above.
4. Full Force and Effect. Except as set forth in this Modification Agreement, the
Grant Agreement remains unmodified and is in full force and effect.
5. Successors and Assigns. This Modification Agreement shall be binding on and
inure to the benefit of the legal representatives, heirs, successors and assigns of the parties.
6. Invalidity. Any provision of this Modification Agreement which is determined by
a court to be invalid or unenforceable shall be deemed severed here from, and the remaining
provisions shall remain in full force and effect as if the invalid or unenforceable provision had
not been a part hereof.
7. Headings. The headings used in this Modification Agreement are for convenience
only and shall be disregarded in interpreting the substantive provisions of this Modification
Agreement.
8. California Law. This Modification Agreement shall be governed by and
construed in accordance with the laws of the State of California.
3
141 \0 1 \675003 .3
9. Counterparts. This Modification Agreement may be signed by the different
parties hereto in counterparts, each of which shall be deemed an original but all of which
together shall constitute one and the same agreement.
BY SIGNING BELOW, the Parties agree to this Agreement as of the date first written
above.
AGENCY:
DEVELOPER:
141\01\675003.2
SAN RAFAEL REDEVELOPMENT AGENCY,
a public body, corporate and politic
By: )tl1ft1!{ ~
Its: Asbtt1e~A<D(~
ARTWORKS DOWNTOWN, INC.,
a California nonprofit public benefit corporation
Its: President
~
Its: ~'f' 0
4
EXIllBIT A
LEGAL DESCRIPTION OF TIm PROPERTY
Alilhat certain real property situate in the City of San Rafael, County ofMruin, Slate of
California, described as follows: .
P .~,RCEL ONE:
-BEGINNING at a point on the Southerly Hnc of Fourth Street, distant thereon North 83° IS'
\Vest 147 feet from the intersection with the Westerly line of"c" Street, in Block 14, San Rnrilcl.
Townsite Map. flied October 14, 1873 in Rack One, Pull 4. Marin County Records; :md running
thence along said Fourth Strectlinc North 83 0 15' West 120.04 feet; Ulcncc IC&lvinS Fourth Slreet,
South 6C. ~a' West 100.58 fect; thence South 6° 41' Wcsl22.20 [eet to lhe Northerly linc of the
United Slates Post Office propcrty as described . in Deed to Uni~cd Stntcs of Amcrica recorded in
Book i 79 of Official Records, at Page 225, Marin County Records; th~llcC South 83° 34' East
115.1 B feet; thence South 4° 38' West 0.37 fecti thence South 83° 1 S' East 11.50 fect; thence
Nonh 6 c 45' East 57.46 feet; thence North 83 0 1~' West 6.58 reet; thence North 6° 45' East 65
iect to the pojnt of beginning.
PARCEL T\VO:
AN EASEMENT for ingress' and egress as appurtennnllherelo wilh the obJignlion of
mctin.tcnance so long as it is used· over a slrip ofland· having n full width of9.83 reel. lying
NortherlY of 2 line described as [ollows: '
BEG~"'NlNG al,a poi~[ distant and North Gil 4 I I East 4.17 fect from UIC Southwcsterly comer "r
the lands abovc '-dcscribed and running thenee North 83° 34' West 38.67 feello thc Easterly line
of"O" Slreet with an overhead clearance oflO.17 feel.
(
STATE OF CALIFORNIA
COUNTY OF MARIN
)
)
)
(
On June 19, 2009 , before me, Linnea Rodgers , Notary Public,
personally appeared Victoria Heiges , 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.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
@.....LlNNEARODGERS o COMM. #1803903 3:
C). NOTARY PUBLIC • CAUFORNIA ~
:::: . . MARIN COUNTY -A
Comm. Exp. JULY 16, 2012
STATE OF CALIFORNIA
COUNTY OF MARIN
)
)
)
On Ab6-0~ ,'.. ~CJ , before me, /ZS1"J./ct &::.. $elRNe , Notary Public,
personally appeared H~ £1(.. t.. ~ , proved to me on the basis
of satisfactory evidence to be the person(s) whose name( 1 are subscribed to the within
instrument and acknowledged to me that he~they executed the same in hi@'their
authorized capacity(ies), and that by his/Gt/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
@ ESTHER C. BEIRNE
•• Commission # 1744802
, Notary Public · California I
L ••••• 't s?;_"~'2011 j • e
Notary Public
14 1\01 \6 75003 .2
-t MCoRo wmtour
PIE ~R G.C.,27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
San Rafael Redevelopment Agency
1313 Fifth Avenue
San Rafael, CA 94915
Attn: Executive Director
11111 1111 11111 11 111 111 111111 111 1111 111 11111
2016-0045197
Recorded I REC FEE 0.00 Official Records I
County of I
11arin I
RICHARD N. BENSON I
Assessor-Recorder I
County Clerk I
I a
08:18AN 04-0ct-2016 I Page 1 of 4
NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF
PROPERTY
NOTICE IS HEREBY GIVEN, that the San Rafael Redevelopment Agency, a
public body, corporate and politic (the "Agency"), to carry out certain obligations
under the Community Redevelopment Law of the State of California (Health and
Safety Code Section 33000 et seq.), and the Redevelopment Plan for the Central
San Rafael Redevelopment Project, has required Artworks Downtown, Inc., a
California nonprofit public benefit corporation (the "Owner") to enter into certain
affordability covenants and restrictions contained within the First Modification of
Grant Agreement (the "Modification Agreement"), with reference to a housing
development (the "Development") located on that certain real property (the
"Property"), 1325-1337 Fourth Street, City of San Rafael, Marin County,
Assessor's Parcel No. 11-253-02 , and further described in Exhibit A incorporated
herein by reference.
The affordability covenants and restrictions contained in the Restrictions include
without limitation and as further described in the Restrictions:
1. All seventeen (17) units in the Development are restricted for occupancy
by Very Low Income Households, at rents affordable to Very Low
Income Households; and
2. Additional requirements concerning operation, management, and
maintenance of the Development are also imposed by the Restrictions.
In the event of any conflict between this Notice of Affordability Restrictions on
Transfer of Property (the "Notice") and the Restrictions, the terms of the
Restrictions shall prevail.
141\01\680919.1 I
(
The Modification Agreement shall remain in effect for fifty-five (55) years until
July 1, 2054.
This Notice is being recorded and filed by the Agency in compliance with Health
and Safety Code Sections 33334.3(f)(3) and (4) and/or Section 33413(c)(5), as
amended effective this date, and shall be indexed against the Agency and the
Owner.
IN WITNESS WHEREOF, the parties have executed this Notice of Affordability
Restrictions on Transfer of Property on or as of July 1, 2009.
AGENCY:
THE SAN RAFAEL
REDEVELOPMENT AGENCY, a
public body, corporate and politic
BY:~~
Its ~tecutive Director
1411011680919.1 2
OWNER:
ARTWORKS DOWNTOWN, INC. ,
a California nonprofit public benefit
corporation
1 /~' ~ ~[t1iL ~
(J
By:
Its: President
(
EXIDBIT A
LEGAL DESCRIPTION OF TIlE PROPERTY
Alllhat certain real property situate in the City of San Rafael, County of Marin, Slatc of
California, described as follows: .
PARCEL ONE:
.
BEGD\rNING at a point on the Southerly line of Fourth Slrect, disl~ml Utcccon North 8)0 15'
'Vest 147 feet from the intersection with the Weslerly line of"c" Street, in Block 14, San Rnrilcl,
TC)\\71site Map, flied OCl.ober 14, 1873 in Rack One, Pull 4, Marin County Records; and running
thence along said Fourth Street line North 83° IS' West 120.04 feel; thence IC3ving fourth Streel,
South 6C. ~8' West 100.58 feet; thence South 6° 41' West 22.20 fcello lhc Northerly linc orlhc
United Stales Post Office property as dcscribccf.in Deed to Uni~cd Slates of America recorded in
Book 279 of Official Records, at Page 225, Marin County Records; lh~ncc South 83° 34' E41sl
1) 5.1 B feel; thence South 4° 38' West 0.37 feet; thence South 83° IS' East 11.50 feet; thence
Nonh 6C: 45' East 57.46 feet; thence North 83° I~' West 6.58 rect; thence North 6° 45· East 65
iecl to the point of beginning.
PARCEL T\VO:
AN EASEMENT for ingress and egress as appurtcnanllhcrclo wilh the obligation of
mrun.tcnance so long as it is used ·over a strip ofland· having a rull width of9.83 feel. lying
Nonherly of 2 line dcscribed as follows: .
BEG~~ING at.a poilJt distant and North GO 41' East 4.17 fect from tbe Southwcsterly comer "r
the hmds above :dcscribcd and running thence North 83° 34' West 38.67 fcct to the Easterly line
of "0" Street with an overhead clearance of 10.17 [eel.
STATE OF CALIFORNIA
COUNTY OF MARIN
)
)
)
(
On June 19, 2009 , before me, Linnea Rodgers , Notary Public,
personally appeared Victoria Heiges , 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.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
LINNEA RODGe:RS
COMM . #1803903 3:
NOTARY PUBLIC • CALIFORNIA ~
MARIN COUNlY .....
Comm . Exp. JULY 16, 2012
ST ATE OF CALIFORNIA
COUNTY OF MARIN
~~~ ,dif'~'-/
)
)
)
./I ~ ·0 ~. geJeAJc-On I-t I.1~Cl5J'" 'f, leO." before me, t;:.;.~~#e~ , Notary Public,
personally appeared' iJ .4"'~ Y fil4t:.f.{L€ , proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s:@re subscribed to the within
instrument and acknowledged to me that he~/they executed the same in his@their
authorized capacity(ies), and that by hiS@Meir signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
it ESTHER C.NIRNE
~ Comm""on" 174.'02 I Notary Public • California I J Marin County w
• • • • • !'~-=t'11'fV J
Notary Public
\4\\0\\6809\9 .\