HomeMy WebLinkAboutCD 1200 Irwin Street Project BMR Amendment�j l I[Illl 1111 111[1 VIII illi 111 la 111V lilll1111111111[lll {lIN 111111[1
2018-0022024
Recorded R.EC FEE 0.00
RECORDING REQUESTED BY ort Cou^Ry orrds
AND WHEN RECORDED MAIL TO: Marin
RICHARD N. BENSON
Assessor -Recorder
City of San Rafael County Cleric a
Attn: City Clerk 01:33PM79-Jun-2028 Page 1 of 7
1400 Fifth Avenue
San Rafael, CA 94901
No fee for recording pursuant to
Government Code Section 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
AMENDMENT TO BELOW MARKET RATE HOUSING AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
Project Name: Mission Irwin Carriage Houses
Location: 1200 Irwin Street -524 Mission Avenue, San Rafael (APN 014-013-05)
Developer: 524 Mission Street, LLC
This Amendment to Below Market Rate Housing Agreement and Declaration of Restrictive
Covenants (this "Amendment") is made and entered into as of August 14, 2017, among the CITY OF
SAN RAFAEL, a municipal corporation ("City"), the HOUSING AUTHORITY OF THE COUNTY
OF MARIN, a public body, corporate and politic, created under the Housing Authority Law of the State
of California ("Marin Housing Authority"), and 524 MISSION STREET, LLC, a California limited
liability company, or any successor in interest ("Developer"), collectively the "Parties," with reference to
the following:
RECITALS
A. The Developer is the owner of certain real property located at 1200 Irwin Street, San
Rafael, County of Marin, California, which is more particularly described in attached Exhibit A
incorporated herein by this reference (the "Property").
B. The Parties entered into that certain Below Market Rate Housing Agreement and
Declaration of Restrictive Covenants dated May 20, 2016 and recorded July 26, 2016 as Instrument
Number 2016-0033359 in the Official Records of the County of Marin (the "BMR Agreement").
C. Under the BMR Agreement, the Developer has determined to initially rent the Affordable
Units and to record a BMR Rental Agreement against the Property.
D. The Parties desire to amend the BMR Agreement to ensure that the BMR Agreement and the
BMR Rental Agreement are consistent and will require the Developer to sell the Affordable Units in the
future as provided in the BMR Agreement. The Amendment to Below Market Rate Housing Agreement
and Declaration of Restrictive Covenants that will be recorded on the Property is in the form approved by
the San Rafael City Council on July 17, 2017.
885\010620421
6/301_'017
1L43W
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Rafael = RECEIVE®
Attn: City Clerk
1400 Fifth Avenue AUG 2 4 2011
San Rafael, CA 94901
PLANNING . No fee for recording pursuant to **
Government Code Section 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
AMENDMENT TO BELOW MARKET RATE HOUSING AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
Project Name: Mission Irwin Carriage Houses
Location: 1200 Irwin Street -524 Mission Avenue, San Rafael (APN 014-013-05)
Developer: 524 Mission Street, LLC
This Amendment to Below Market Rate Housing Agreement and Declaration of Restrictive
Covenants (this "Amendment") is made and entered into as of August 14, 2017, among the CITY OF
SAN RAFAEL, a municipal corporation ("City"), the HOUSING AUTHORITY OF THE COUNTY
OF MARIN, a public body, corporate and politic, created under the Housing Authority Law of the State
of California ("Marin Housing Authority"), and 524 MISSION STREET, LLC, a California limited
liability company, or any successor in interest ("Developer"), collectively the "Parties," with reference to
the following:
RECITALS
A. The Developer is the owner of certain real property located at 1200 Irwin Street, San
Rafael, County of Marin, California, which is more particularly described in attached Exhibit A
incorporated herein by this reference (the "Property").
B. The Parties entered into that certain Below Market Rate Housing Agreement and
Declaration of Restrictive Covenants dated May 20, 2016 and recorded July 26, 2016 as Instrument
Number 2016-0033359 in the Official Records of the County of Marin (the "BMR Agreement").
C. Under the BMR Agreement, the Developer has determined to initially rent the Affordable
Units and to record a BMR Rental Agreement against the Property.
D. The Parties desire to amend the BMR Agreement to ensure that the BMR Agreement and the
BMR Rental Agreement are consistent and will require the Developer to sell the Affordable Units in the
future as provided in the BMR Agreement. The Amendment to Below Market Rate Housing Agreement
and Declaration of Restrictive Covenants that will be recorded on the Property is in the form approved by
the San Rafael City Council on July 17, 2017.
885\0 1 \21 16204'.1
6/30/2017
E. All capitalized terms not otherwise defined in this Amendment are as defined in the BMR
Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the Parties agree as follows:
I . The Recitals set forth above are hereby incorporated into this Agreement by the Parties as
if fully and completely rewritten below
2. Section 13 of the BMR Agreement is hereby amended to read as follows:
Section 13. Release of Property from Agreement
(a) Covenant Running with the Land The covenants and conditions herein
contained shall apply to and bind, during their respective periods of fee ownership, Developer and
its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any
right, title or interest in or to any part of the Property and shall run with and burden the Property
until terminated in accordance with this Section 13. Until the Property is released from the
burdens of this Agreement pursuant to this Section 13, the owners of fee title to the Property shall
expressly make the conditions and covenants contained in this Agreement a part of any deed or
other instrument conveying any interest in the Property.
(b) Completion of Construction.
(i) Affordable Units on Separate Parcels; Subdivision Public Report Issued.
If: (A) all Affordable Units have received a certificate of occupancy or final inspection; (B) all
Affordable Units are located on separate legal parcels; (C) the Developer has complied with the
provisions of this Agreement; and (D) a subdivision public report has been issued under
Business & Professions Code Section 11000 et seq. or successor provisions, then all parts of
the Property except the Affordable Unit Property may be released from the burdens of this
Agreement.
(ii) Affordable Units to be Rented. If the Affordable Units are to be rented,
then the BMR Rental Agreement shall be recorded against the Property, and the Property may
not be released from the burdens of this Agreement and the BMR Rental Agreement until the
expiration of the Density Bonus Term, as defined in the BMR Rental Agreement.
(c) Affordable Units Offered for Sale If the Affordable Units are initially
offered for sale, each Affordable Unit offered for sale shall be released from the burdens of this
Agreement when it is: (i) sold to an Eligible Household in compliance with this Agreement; and
(ii) a Resale Agreement, Deed of Trust and Request for Notice of Default are recorded against the
Affordable Unit. Upon sale of all of the Affordable Units to Eligible Households as prescribed in
this Agreement or offered for sale to the Housing Authority pursuant to Section 7(g), the entire
Property shall be released from this Agreement, and the Agreement shall be released from record
against all portions of the Property.
(d) Recordation of Release. If the Developer believes that any portion of the
Property may be released from the burdens of this Agreement, the Developer shall specify the
parcels to be released and shall request the City and the Marin Housing Authority to execute and
S85\01\2162042.1
6/30/2017
record the release in the Official Records of Marin County in substantially the form attached as
Exhibit "E" to this Agreement.
3. Except as modified by this Amendment, the BMR Agreement shall be unchanged and
shall remain in full force and effect
3. This Amendment may be signed in counterparts, each of which shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Amendment by duly authorized
representatives, all on the date first written above.
DEVELOPER:
CITY:
524 Mission Street LLC, a California limited City of San Rafael, a municipal corporation
liability company
By: By:
Managing Member rim chutz
anager
ATTEST:
MARIN HOUSING AUTHORITY: 4RitherBeirne, City Clerk
LJ nasaY lA1rcL
Housing Authority of the County of Marin, a public
body, corporate and politic, created under the
Housing Authority Law of the ate of California APPROVED AS TO FORM:
By: F
Lewis A. Jor i4obertFin
Execu ' Director City Attorney
3
885\01\2162042.1
6/30/2017
record the release in the Official Records of Marin County in substantially the form attached as
Exhibit "E" to this Agreement.
3. Except as modified by this Amendment, the BMR Agreement shall be unchanged and
shall remain in full force and effect
3. This Amendment may be signed in counterparts, each of which shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Amendment by duly authorized
representatives, all on the date first written above.
DEVELOPER:
524 Mission Street LLC, a California
liability Gotr�j an
By: c.
Ph is S�tiao7� anaging Member
MARIN HOUSING AUTHORITY:
CITY:
limited City of San Rafael, a municipal corporation
UZ
City Manager
APPROVED AS TO FORM:
Housing Authority of the County of Marin, a public By:
body, corporate and politic, created under the City Attorney
Housing Authority Law of the State of California
By:
Executive Director
3
885\0I12162042. I
6/30/2017
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF M A V('K
On 21 20( before me, C"pNotary Public,
personally appe ed i_ w(!5 AA( , who proved to me on the basis of
satisfactory evidence to be the person(jr) whose name(s) islafe subscribed to the within instrument and
acknowledged to me that he/&he{twey executed the same in his/he4Hteir authorized capacitykies), and that
by his/Arrhtre4f signature(' on the instrument the persorj(s}, or the entity upon behalf of which the
person(# 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.
Name: �, z
Notary Public
CAROL J. KAZARIA14 f;
Commission # 2070835 s
Z .'.n Notary Public - California z
Marin County
My Comm. Expires Jun 15, 2018
885\01 \2162012.1
6/30/2017
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MaVtVI
On before me, l.�t � IA NI C7. , Notary Public,
personally appears �G rG�C ' CkYMCi. , who proved to me on the basis of
satisfactory evidence to be the ersonXwhose nameA s e s bscribed to the within inst ment and
acknowledged to me that y�t�y executed the same in s er/tl/r authorized capacity(i s), and that
by is , /tq�ir signature�on the instrument the person , or the entity u on behalf of which the
P
person(Xacted, 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.
Notary Public
885\01\-) 162042.1
6/30/2017
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On 4 `1 '1 1 zo 1 before me,
Lindsay Faye Lara, Notary Public
(insert name and title of the officer)
personally appeared J angf-s sCylu-t-7—
who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/are
subscribed to the within instrument and acknowledged to me that he/s4eA-hey executed the same in
his/he4l eirauthorized capacity(ies), and that by his/her/thtr signatureH on the instrument the
person(•, or the entity upon behalf of which the person(*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.
LINDSAY FAYE LA -
!A -COMM. #2182818 z
Notary Public . California o
z Marin County
o
Signature1;(ilZc.
(Seal) es Feb. 1o, 2021
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The land referred to is situated in the County of Marin, City of San Rafael, State of California,
and is described as follows:
Commencing at the corner formed by the intersection of the Northerly line of Mission Street
with the Easterly line of Irwin Street; running thence Northerly along the Easterly line of Irwin
Street 160 feet; running thence Easterly and parallel with Mission Street 165 feet to the
Westerly line of Park Avenue thence Southerly along said Line of Park Avenue 160 feet, more or
less, to the Northerly line of Mission Street, and thence Westerly along said last mentioned line
of Mission Street, 165 feet to the point of commencement.
885\0I \2162042.1
6/30/3017
RAN
A
2
yo
,rY WITH p 00
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development
Project Manager: Raffi Boloyan
Extension: x3095
Contractor Name: Mission Irwin Carriage Houses — BMR agreemet #2 (not a contract, a BMR agreement)
Contractor's Contact: Click here to enter tey`
Contact's Email: Click here to enter text.
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
n/a
KI
('lick here to
b. Email contract (in Word) & attachments to City
cant °r I•
4yh
Atty c/o Laraine.Gittens@cityofsanrafael.org
El
2
City Attorney
a. Review, revise, and comment on draft agreement
xRAX
and return to Project Manager
( Aicgc/4�rjcjtu
b. Confirm insurance requirements, create Job on
cntcr a datc
Project Manager
PINS, send PINS insurance notice to contractor
N/A
3
Forward three (3) originals of final agreement to
8/4/2017
❑
contractor for their signature
4
Project Manager
When necessary, * contractor -signed agreement
agendized for Council approval
7/17/2017
*PSA > $20,000; or Purchase > $35,000; or
Public Works Contract > $125,000
Date of Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
2/15/18
RB
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
agreement
7
City Attorney
Review and approve insurance in PINS , and bonds
r/
City Manager/ Mayor
(for Public Works Contracts)
yV„
8
Agreement executed by Council authorized official
I
Attest signatures, retains original agreement and
9
City Clerk
forwards copies to Project Manager
L7 I I
-t R4--O-� Ix- bz&t�--
i
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Rafael
Attn: City Clerk
1400 Fifth Avenue
San Rafael, CA 94901
No fee for recording pursuant to
Government Code Section 27383
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIDIIIIIIIIIIIIIIIVIIIIIIIIIII
2018-0027214
Recorded REC FEE 0.00
Official Records
County of
Marin
RICHARD N. BENSON
Assessor -Recorder
County (Jerk
03:14PM 31 -Jul -2018 Page I of
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
AMENDMENT TO BELOW MARKET RATE HOUSING AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
Project Name: Mission Irwin Carriage Houses
Location: 1200 Irwin Street -524 Mission Avenue, San Rafael (APN 014-013-05)
Developer: 524 Mission Street, LLC
This Amendment to Below Market Rate Housing Agreement and Declaration of Restrictive
Covenants (this "Amendment") is made and entered into as of August 14, 2017, among the CITY OF
SAN RAFAEL, a municipal corporation ("City"), the HOUSING AUTHORITY OF THE COUNTY
OF MARIN, a public body, corporate and politic, created under the Housing Authority Law of the State
of California ("Marin Housing Authority"), and 524 MISSION STREET, LLC, a California limited
liability company, or any successor in interest ("Developer"), collectively the "Parties," with reference to
the following:
RECITALS
A. The Developer is the owner of certain real property located at 1200 Irwin Street, San
Rafael, County of Marin, California, which is more particularly described in attached Exhibit A
incorporated herein by this reference (the "Property").
B. The Parties entered into that certain Below Market Rate Housing Agreement and
Declaration of Restrictive Covenants dated May 20, 2016 and recorded July 26, 2016 as Instrument
Number 2016-0033359 in the Official Records of the County of Marin (the "BMR Agreement").
C. Under the BMR Agreement, the Developer has determined to initially rent the Affordable
Units and to record a BMR Rental Agreement against the Property.
D. The Parties desire to amend the BMR Agreement to ensure that the BMR Agreement and the
BMR Rental Agreement are consistent and will require the Developer to sell the Affordable Units in the
future as provided in the BMR Agreement. The Amendment to Below Market Rate Housing Agreement
and Declaration of Restrictive Covenants that will be recorded on the Property is in the form approved by
the San Rafael City Council on July 17, 2017.
885\01\2116204-2.1
6/30/2017
E. All capitalized terms not otherwise defined in this Amendment are as defined in the BMR
Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the Parties agree as follows:
1. The Recitals set forth above are hereby incorporated into this Agreement by the Parties as
if fully and completely rewritten below
2. Section 13 of the BMR Agreement is hereby amended to read as follows:
Section 13. Release of Property from Agreement
(a) Covenant Runnint with the Land The covenants and conditions herein
contained shall apply to and bind, during their respective periods of fee ownership, Developer and
its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any
right, title or interest in or to any part of the Property and shall run with and burden the Property
until terminated in accordance with this Section 13. Until the Property is released from the
burdens of this Agreement pursuant to this Section 13, the owners of fee title to the Property shall
expressly make the conditions and covenants contained in this Agreement a part of any deed or
other instrument conveying any interest in the Property.
(b) Completion of Construction.
(i) Affordable Units on Separate Parcels; Subdivision Public Report Issued.
If: (A) all Affordable Units have received a certificate of occupancy or final inspection; (B) all
Affordable Units are located on separate legal parcels; (C) the Developer has complied with the
provisions of this Agreement; and (D) a subdivision public report has been issued under
Business & Professions Code Section 11000 et seq. or successor provisions, then all parts of
the Property except the Affordable Unit Property may be released from the burdens of this
Agreement.
(ii) Affordable Units to be Rented. If the Affordable Units are to be rented,
then the BMR Rental Agreement shall be recorded against the Property, and the Property may
not be released from the burdens of this Agreement and the BMR Rental Agreement until the
expiration of the Density Bonus Term, as defined in the BMR Rental Agreement.
(c) Affordable Units Offered for Sale. If the Affordable Units are initially
offered for sale, each Affordable Unit offered for sale shall be released from the burdens of this
Agreement when it is: (i) sold to an Eligible Household in compliance with this Agreement; and
(ii) a Resale Agreement, Deed of Trust and Request for Notice of Default are recorded against the
Affordable Unit. Upon sale of all of the Affordable Units to Eligible Households as prescribed in
this Agreement or offered for sale to the Housing Authority pursuant to Section 7(g), the entire
Property shall be released from this Agreement, and the Agreement shall be released from record
against all portions of the Property.
(d) Recordation of Release. If the Developer believes that any portion of the
Property may be released from the burdens of this Agreement, the Developer shall specify the
parcels to be released and shall request the City and the Marin Housing Authority to execute and
885\01\2162042.1
6/30/2017
record the release in the Official Records of Marin County in substantially the form attached as
Exhibit "E" to this Agreement.
3. Except as modified by this Amendment, the BMR Agreement shall be unchanged and
shall remain in full force and effect
3. This Amendment may be signed in counterparts, each of which shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Amendment by duly authorized
representatives, all on the date first written above.
DEVELOPER: CITY:
524 Mission Street LLC, a California limited City of San Rafael, a municipal corporation
liability c %i-- T
By: C By: S a 11'P
Para,; Si�rMManaging Member ity Manager
MARIN HOUSING AUTHORITY: APPROVED AS TO FORM:
Housing Authority of the County of Marin, a public By:l_ `y )� 1) 'Irl L ---L
body, corporate and politic, created under the C' y Attorney
Housing Authority Law of the State of California
By: S' "fie v
Executive Director
3
885\01\21620 42.1
6/30/2017
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA`,
COUNTY OF r 1�
On ( before me, �_ &AIAI� , Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the erson whose narneW is e subscribed to the within instrument and
ackn edged�to me that e/ /y executed the same in his 'J�" eir authorized capacity(ie ,and that
by Is/ the r signature on the instrument the person , or the entity upon behalf of which the
person( eacted, 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.
ZDALIA RAMIR7N2aQ212f
M. #2ZPublic •arin CoName: Exnirac^~ Notary Public
885\01\-) 163042.1
6/30/2017
record the release in the Official Records of Marin County in substantially the form attached as
Exhibit "E" to this Agreement.
3. Except as modified by this Amendment, the BMR Agreement shall be unchanged and
shall remain in full force and effect
3. This Amendment may be signed in counterparts, each of which shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Amendment by duly authorized
representatives, all on the date first written above.
DEVELOPER:
CITY:
524 Mission Street LLC, a California limited City of San Rafael, a municipal corporation
liability company
By: By: A— s S ho�-.:L-
M• naging Member J m Schutz
MARIN HOUSING AUTHORITY:
Housing Authority of the County of Marin, a public
body, corporate and politic, created under the
Housing Aut its the State of California
By -
Lewis A. Jordan
Executive Director
3
885\01\2162042,1
6/30/2017
ty Manager
ATTEST:
� ,City Clerk
Li h ct S0.Y LOW(��
APPR VED AS TO FORM:
By:M6
Robert F. Epstein
City Attorney
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On -[ 1 L-? 1241 �) before me,
Lindsay Faye Lara, Notary Public
(insert name and title of the officer)
personally appeared J r'ilry-I leS SLh l A'>j 'L ,
who proved to me on the basis of satisfactory evidence to be the person(i' whose name(, -4 is/ate
subscribed to the within instrument and acknowledged to me that he/sheA#tey executed the same in
his/hefA#eir authorized capacity(ies), and that by his/her -/t signature(s� on the instrument the
person($), or the entity upon behalf of which the person(g) 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.
Signature
r
LINDSAY FAYE URA
o COMM. #2182818 z
0: Notary Public • California -0
Z Marin County °
(Seal) I Conan. Wift Feb. 10 2021
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MA 614
On 010 , before me, _[iLirDl T �4:M 1AK , Notary Public,
personally appeare <<<C, A. Tr�a , who proved to me on the basis of
satisfactory evidence to be the person(p) whose name(w) is/.are subscribed to the within instrument and
acknowledged to me that he/may executed the same in his/lofk4teir authorized capacity(tes), and that
by his/weir signature(g) on the instrument the person(a), or the entity upon behalf of which the
person(A 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.
' °. , CAROL J. KAZARIAN,
Notary Public - California
_` " = Marin County
Commission # 2243153 Name: %l irol . 1 7-A r i Q K
r `"°•'� SMy Comm. Expires Jun 15, 2022
8 85\0 1 \21 162042.1
6/30/2017
Notary Public
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The land referred to is situated in the County of Marin, City of San Rafael, State of California,
and is described as follows:
Commencing at the corner formed by the intersection of the Northerly line of Mission Street
with the Easterly line of Irwin Street; running thence Northerly along the Easterly line of Irwin
Street 160 feet; running thence Easterly and parallel with Mission Street 165 feet to the
Westerly line of Park Avenue thence Southerly along said Line of Park Avenue 160 feet, more or
less, to the Northerly line of Mission Street, and thence Westerly along said last mentioned line
of Mission Street, 165 feet to the point of commencement.
HMO 1\2162041 1
6/30/2017
EXHIBIT E
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
Attn: Esther C. Beirne, City Clerk
No fee for recording pursuant to
Government Code Section 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF RELEASE OF BELOW MARKET RATE HOUSING AGREEMENT
This Notice of Release of Below Market Rate Housing Agreement (the "Notice") is made
as of the _ day of , 200_, by the City of San Rafael, a municipal corporation
(the "City"), and a ("Developer").
1. This Notice relates to that certain Below Market Rate Housing Agreement by and
between the City and the Developer dated and recorded in the Official Records
of the County of Marin (the "Official Records") on as Document No.
(the "Housing Agreement").
2. The City and the Developer hereby release the real property described in Exhibit A
attached hereto and incorporated herein from the encumbrance of the Housing Agreement.
3. This Notice may be signed in multiple counterparts, which, when signed by all
parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the City and the Developer have executed this Notice as of
the day first above written.
DEVELOPER:
By:
Its:
CITY:
CITY OF SAN RAFAEL, a municipal
corporation
By:
Its:
SIGNATURES MUST BE NOTARIZED