HomeMy WebLinkAbout2010/06/22 Item 3
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CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
'':::~ CHUlA VISTA
June 22, 2010, 1tem~
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE LOAN DOCUMENTS BY AND BETWEEN THE
CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES IN THE AMOUNT OF $385,000, AND ALL
OTHER DOCUMENTS NECESSARY FOR THE
FINANCING OF THE ACQUISITION AND
REHABILITATION OF 1194-1196 TRENTON AVENUE
FOR AFFORDABLE HOUSING, AND APPROPRIATING
FUNDS THEREFORE rJ~
DEPUTY CITY MANAGEtwJDEVELOPMENT SERVICES
DIRECTOR
CITY MANAGEr
4/STHS VOTE: YES I X I NO D
SUMMARY
The City of Chula Vista City Council preliminarily approved a request from South Bay
Community Services (SBCS), to provide financial assistance up to $385,000 from its
federal Community Development Block Grant (CDBG) funds to support the acquisition
and rehabilitation of a 7 unit housing complex located at 1194-1196 Trenton Avenue to
operate as affordable housing. Now that all contingencies have been met, staff recommends
authorizing the City Manager to execute loan documents after City Attorney approval.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action for compliance
with the National Environmental Policy Act (NEP A) due to the use of Federal funds and has
determined that pursuant to Section 58.35 (a), Title 24 of the Code of Federal Regulations
the project is Categorically Excluded.
RECOMMENDATION
Adopt the resolution.
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JUNE 22, 2010, ITEM L
PAGE20F5
BOARDS/COMMISSION RECOMMENDA nON
Thc Housing Advisory Commission (HAC) would normally provide an advisory
recommendation on new affordable housing applications; however a quorum was
unattainable on this item due to two commissioners' employment with SBCS.
DISCUSSION
On March 23, 2010, the City Council approved a pre-commitment to SBCS of up to
$385,000 of CDBG funding towards the acquisition/rehabilitation of a 7 unit housing
complex locatcd at 1194-1196 Trenton Avenue to operate as affordable housing. The City's
intent to provide tlnancial assistance was predicatcd on some contingencies, one being the
successful award of all other funds necessary to fund the project. Now that the applicant has
secured all necessary funding commitments, City staff is requesting appropriations and
authorization to execute loan agreements, refer to Attachments 1-3 for draft documents in
substantial form.
The Proposed Proiect
1194-1196 Trenton Avenuc consists of 3 I-bedroomll bath units, currently rented for $760
a month and 4 2-bedroom/1 bath units, currently rented for $925 a month. The proposed
development consists of 7 affordable rental units to meet the needs of extremely low incomc
former foster youth residents. The site is close to public transit and neighborhood services
and facilities, including another SBCS complex providing housing and services for former
foster youth.
The availability of rental units priced for extremely low income residents is not available in
the private rental market and this special needs population requires additional specialized
services. Studies show that 40% of the chronically homeless were once in the foster system
and 70% of the inmates on death row are former foster youth. The proposed 55-year term of
affordability guarantees the availability of such housing and services for the long term.
Income and Rent Restrictions
It is proposed that 7 units will be affordable to and restricted for occupancy by extremely
low income households, for youth aging out of the foster system. The unit breakdown,
restrictions and estimated rents are summarized in the table below.
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JUNE 22, 2010, ITEMl
PAGE 3 OF 5
This projeet model assumes eontinued funding for Foster Youth serviees from the County
Health and Human Serviees Transitional Housing Program Plus (THP +). Should these
funds not be available in the future, the projeet would be made available to either another
speeial needs population, or the general low ineome population. The ineome and rent
restrietions outlined above will be incorporated into the Regulatory and Loan Agreements
for the City Loan, whieh will be recorded against the property. Complianee with the income
and rent restrictions will be subject to annual monitoring. The developer has successfully
managed low-income housing units in Chula Vista.
Proiect Management, Maintenance and Upkeep
The City and County assistance drive the strict management, maintenance and upkeep of
affordable housing developments. In order to attraet private investment and public
assistance, developers of affordable housing need to ensure that the investment made will be
proteeted. Projects are required to establish a property management plan and to implement
and enforee the polieies and procedures. Additionally, reserves for eapital improvements
and operations are set aside on an annual basis. Projects are then monitored on an annual
basis for compliance with regulatory agreements. Complianee with strict property
management policies and procedures will ensure that restrictions will be maintained for the
full 55-year compliance period.
Given the special needs population being served at the development, on-site seeurity is
proposed at night and weekends, as well as a shared manager from SBCS' existing
development for former foster youth.
Proposed Financing of Proiect
With rents restricted to 30 percent and below of the Area Median Income (AMI) for a
period of 55 years, the net operating income is insufficient to support debt to cover
project costs. SBCS was awarded $85,000 from the Federal Home Loan Bank's
Affordable Housing Program (AHP) and $380,000 in Federal HOME funds from the
County of San Diego. Tn Mareh the City Council conditionally approved financial
assistanee in the form of a residual receipts loan in an amount not to exceed $385,000 to
assist with the financing gap.
A summary of the souree of funds and cost per unit are provided in the table below.
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JUNE 22, 2010, ITEM~
PAGE 4 OF 5
Project Cost:
Sources of Funds:
PROFORMA SUBSIDY ANALYSIS
Cost
$ 850,000
Fuods
AHP Fmdiog
$
$
85,000
85,000
Subtotal
Subsidies:
City ofChu]a Vista (eDBG)
County of San Diego (HOME)
Subtotal
TOTAL
$
$
$
$
850,000 $
385,000
380,000
765,000
850,000
Cost per Unit (7 Units)
City Subsidy per Unit
$
$
]21,429
55,000
The use of CDBG funds has been proposed for this project in order to meet planning
priorities, goals, and objectives in the City's General Plan Housing Element, Annual Action,
Consolidated Plan, and CAPER. Council previously approved funds dedicated for
acquisition and rehabilitation of affordable housing development in the CDBG plan in the
current dollar amount requested, and due to proj ect size and the special needs population
targeted; the project meets CDBG objectives and regulatory requirements for the use of such
funds.
Kev Luan Terms
City assistance will be provided in the form of a residual receipts loan secured by a note and
deed of trust, amortized over fifty-five years. The outstanding balance shall accrue with
simple interest at 3 percent per annum. Payment of principal and interest, or portions
thereof, on the City loan shall be made on an annual basis, out of a fund equal to thirty-three
(33%) percent of the net cash flow of the project after reasonable operating expenses have
been paid (Residual Receipts).
The City assistance is based upon the assumptions presented within the sources and uses of
funds, development budget, development proforma and other information filed with the
Affordable Housing Review Application for the project as submitted and reviewed by the
Development Services Department. The City assistance is a maximum level of
participation. It is expected that any substantive revisions in such financing assumptions
which would lead to an increase in other resources available, would therefore reduce the
level of City assistance. The applicant must be able to deliver the project within the funds
provided, no additional funding is available for cost over runs.
Additional loan terms include the requirements for the Developer to select a qualitied
property management firm to manage the project and participation in the Crime Free Multi-
Family Housing Program.
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JUNE 22, 2010, ITEM ~
PAGE 5 OF 5
Development Risks
In its role as lender to the project, the City is exposed to three risks inherent to real estate
development. These risks generally include: I) predevelopment (project does not get to
completion), 2) acquisition/rehabilitation (project cannot be completed, cost overruns,
contractor problems), and 3) operation (revenues do not cover expenses).
A number of factors mitigate these risks. First, a component of the development team has a
track record with other affordable housing projects. The presence of other major financial
commitments, such as the County investment, means that other stakeholders depend on the
short and long-term success of the project. By its nature, affordable housing presents some,
but very limited market risk because of the deeply discounted rents.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
CURRENT FISCAL IMPACT
The loan amount of $385,000 is already allocated in the CDBG Plan submitted to HUD
and requires appropriations at this time. Funds for staff support are budgeted in the
personnel portion ofthe Housing Authority budget.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts of this action. Costs of City staff to monitor the
project going forward are included in funds received by the Housing Authority.
ATTACHMENTS
1. Draft Declaration of Covenants, Conditions and Rcstrictions
2. Draft Deed of Trust
3. Draft Promissory Note
Frepared by: Stacey KlIrz, Senior Project Coordinator, Development Services Department
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ATTACHMENT 1
NO CHARGE ON THIS DOCUMENT
PER CALIFORNIA GOVERNMENT
CODE SECTION 6103
Recording Requested By
And When Recorded Mail To:
City Clerk
City of ChuJa Vista
276 Fourth Avenue
Chula Vista, CA 91910
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DECLARATION'<;>lLCOVENANTS,
CONDITIONS AND"RESTRIQ'fJ9NS
(TENANT RESTIUG:rIONS)
(If'!~~1i12(i~Trenton A~~~=ue)
(City CDl1G R~sill!!al Receipt~'!-oan)
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THIS DECL~TIO~~gF COVJ!;~~]~~fcYQ1~!2KfIONS AND RESTRICTIONS
("Declaration") is dat~ci;'as of tlie;,,,~ day of~jrge,,i,20 I 0, bY';~9-uth Bay Community Services, a
California non-profit 5(yt:~~2(3) ("D~~larant") ii'i"~3~,iJnection with that certain parcel of real property
("Property")~~~,~~d in the\j}y,oJ"<';;~~I~#jsta ("Ci~), County of San Diego, California, described
in Exhibil~:*'''attached hereto'JM<:FincorPorated herem by reference.
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RECITALS
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A. '~S~~:"['I1.e Property is!2~ated a0i'[94-1196 Trenton Avenue in Chula Vista, California (as
more particulafIY~~,t~cribed onih~.;Property Legal Description attached hereto as Exhibit "A", the
"Property"). Declar~Lhas acqliiii:d title to the Property and will be financing a housing project,
with the aid of a 10aiiSJ!'(),m th.~,;;~ity of Chula Vista ("City") in fhe original principal amount of
$385,000.00 ("City CDBQS1;9!W') utilizing U.S. Department of Housing and Urban Development
CHUD") Community DeveIopment Block Grant ("CDBG") Program flmds.
B. The City CDBG Loan was conditioned in part upon the recordation of a document
setting forth certain restrictions upon the use and sale of the Property. This Declaration is that
document, between the City and Declarant.
NOW, THEREFORE, Declarant hereby declares that the Property shall be subject to the
covenants, conditions and restrictions set forth below:
I. Restrictive Covenants. Declarant agrees and covenants on behalf of itself and its successors
and assigns, and each successor in interest to the Property, that at all times during the term of this
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Declaration set forth herein seven (7) units at the Property shall be set aside and reserved as
affordable CDBG Units restricted pursuant to the CDBG Program 24 CFR 570.208(a)(3) for the first
fifteen (15) years, with an extension of terms herein for an additional forty years (40) years. As used
herein the term "Affordable Units" shall refer to those residential units at the Property which are
owned or held available strictly in accordance with the terms and conditions set forth below for the
total offifty five (55) years.
(a) Affordablc Unit Restrictions. The seven (7) Affqrdable Units shall be occupancy
restricted for special needs low income populations at the Lo~)Y}H9ME rents during the lite of the
special needs occupancy, from which a utility allowance, a~ipRfoved by the Housing Division, shall
be deducted, in compliance with HOME regulations und,er':;14c;;FR 92.252(a) and (b), as defined by
the City and allowed under CDBG regulations. ShotilQ'fspeci~V;~ej:ds funding for the project be
terminated, the Developer shall set the maximurn,:~9nihly rents"i~~!h,e High HOME rents, with
written consent by the City and County. The 111~~iptUrn number of p'e1:~Q!.l.s occupying each of the
seven (7) Affordable Units shall be 2 persons'j3s.s~edroom, provided, hdV1~~er, that the foregoing
maximum occupancy may be exceeded with theP8P"~ written~~2sent of t1\:e;~~tl',
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(b) "Eligible Tenants" ar~r{itQ~~Jenants \\'li5~~;ifl~gate gross ann:Xi'ihcome does not
exceed 50% of area median income, ifsi3!Sijit~l~ftJor famii)Tsi~.~~. All the units except the manager's
unit, if a unit has been designated for suChfBurpo~~,~i.~~all be Af!2s~able Units and house persons of
special needs, unless othe~ise approved"gx the'Cit&i;"Eor purpQ~,,~ of this Declaration, the area
median income shall.2~ti1~;(f)??j,an incom.E,?etin~9'~~yl!l1,S;,Depaiiihent of Housing and Urban
Development (HUDy~i.\@the tlien,~;'c11ITent arf"<i'ill<i~~;ill iricoin~${or the San Diego-Carlsbad-San
Marcos MetropolitallSJ:ii.lj~tical Ai'ij,if; establisllegiperiodically b)THUD and published in the Federal
Register, as adjusted fo'r{<iIppy st~fL The rentiifai}? the occupancy restrictions shall be deemed
adjusted, fr.Qm1i]11~19time,ii1I.,wc9fdiih?e\Vith anylflCijustments that are authorized by HUD or any
success9I;1Iifirri1:~;l1t:lhe.event~i:!WD ceas~~io:Publisli'an established median income as aforesaid,
City rrtfY~'ln its sol~"d!~sr.etion;g~~~, any crtfi~f~reasonably comparable method of computing
adjustmerijs}!? median in~&ii];2r Cbj'fgJ,~rogram rents. Notwithstanding anything contained herein
to the contrary;,!o the extenVa!ix"other're.!i!tictions applicable to the Property limit the rent and/or
occupancy o{iii~;Eroperty, the"WQst restrictive shall apply.
(c) Anadlli~,lment;~ifents may be performed annually in accordance with the rents
contained in the applicablecC=,i,ty;orHUD rent schedules published by the City of Chula Vista for the
affected unit type and updiltt'd"from time to time. However, in no event shall the rents of the CDBG
Units, as adjusted, exceed the maximum rents chargeable for CDBG Units. Further, the rents
charged shall be further limited as set forth in Paragraph 14, hereof.
2. Affordable Marketing Plan Compliance; Selection of Residents. Declarant shall utilize the
Agency's and City's standardized management and marketing plan for rental of all of the Affordable
Units. Notwithstanding the foregoing, to the extent the management and marketing plan for rent of
all of the low income units at the Property is subject to the review and approval of the U.S.
Department of Housing and Urban Development ("HUD"), Declarant agrees to submit such plan to
HUD for its review and approval and to make such changes as are required pursuant to any
regulations, policies and/or handbooks of HUD. Declarant's marketing of units shall be in
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compliance with federal and state fair housing law. All tenants of each CDBG Unit shall meet the
income requirements set forth herein and tenancy Declarant's marketing of the Affordable Units
shall be in compliance with federal and state fair housing laws. The marketing plan, at a minimum,
requires publicizing the availability of the Affordable Units within the City, such as notices in any
City-sponsored newsletter, advertising in local newspapers and notice in City ot1ices. In the event
the Agency or the City implements a master waiting list for affordable housing in the City ("Master
Lis!"), then Developer shall provide notices to persons on the Master List of the availability of the
Affordable Units, prior to undertaking other forms of marketing,. Developer shall give the persons
on the Master List not fewer than fifteen (15) days after ~~~lI,t of such notice to respond by
submitting application forms for rental of the Affordable UlliiS'iiSelection of residents shall be made
based upon the Master List, rather than on a first-come, ti~t~~~D:~ basis. Provided, however, 0) all
tenants of each Affordable Unit shall meet the incom~~ r~mmerrieh!~l'et forth herein and tenancy and
eligibility shall be in conformance with the teflI1s~~nd standaras~~.e! forth in the management
marketing plan and no preference may be useJ'{6J'the purpose or ef[~~h().f delaying or otherwise
denying admission to the Property or unit baseaIQQ the race, color, ethllicrC1rigin, gender, religion,
disability, or age of any member of an applicani"Q211.sehold;)l!}<:l (ii) nothihg'l1erein shall restrict
Declarant from screening tenants thro..u.cgh the appliciltiQ.:l1._.?~~c..n...~.!.....e.'fia which is lawtul,\l!ld customary in
apartment management in San DiegQ;Q9J.illty and otherwi.~~l.co'nsistent with federal, state ami local
regulations and restrictions related to"'iJ2~fi~~~l~g for tlle'Iirflect.
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3. Determination; Annual Requalifi"tation. D~~larant shalF-obtain from each person to whom
Declarant leases an AfIg"fSi[l2J:e''lJl1it a "SJpiilement~I~B'~gtal.Appli~1ition" ("Application") in the
form of Exhibit "B",~!itachedhe~9tP (or sucliT2t~~r?fCiITn as':A.&~I1~y or City may from time to time
adopt). Declarant shalcgeentitled[6lrely on t!i~f4j:rI;\ication arid'supporting documents thereto in
determining whether a llo~S~hold i;il~!i':?ligible t~Q~nt". Declarant shall retain the Application and
supporting.cl()(;ill1l~nts for a;Rl':riqa"'Of(QQtJ~2S thii'i1iihree (3) years after the household ceases to
occupY.al}~Wfffud~blE5J;'I_l}jt. Ari?~;rdabi'ifB';jjtoccilpied by an Eligible Tenant, shall be treated as
an EligiJ~L,~Tenant unm'~:f.e'tertifit1it!Qn of sucllf~ji'ant's income demonstrates that such tenant no
longer qu'1ilm,es as an "Eligi~!~]enarits'iNotwithstanding the foregoing, Declarant agrees to comply
with any anClllgLregulations,'p2!!cies and!ClE. handbooks of HUD, with respect to determination of
tenant eligibim~hwith respect tti@1.e CDB6"Units to the extent the HUD requirements vary in any
way from the requT{~~,:ts of E~!eClaration.
4. Relationship wltl\f8ecl;trant. The term "Eligible Tenant" shall not include Declarant or any
individuals who are partifer~~br shareholders in Declarant or in any entity having an interest in
Declarant or in the Property ~or oflicer, employee, agent or consultant of the owner, developer or
sponsor.
5. No Student Dependents. No Affordable Unit shall be occupied or leased to any person who
is a full-time student, or a household comprised exclusively of persons who are full-time students,
unless such persons are married and eligible to file a joint federal income tax return or meet the
criteria of U.S. Internal Revenue Code (IRC) 42(i)(3)(D)(ii)(I). The term "full-time student" shall be
defined as any person who will be or has been a full-time student during five calendar months of the
calendar year in question at an educational institution (other than a correspondence school) with
regular faculty and students and or a student dependent as defined in the U.S. Internal Revenue Code,
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unless the taxpayer (upon whom the student in question is dependent) resides in the same dwelling
unit.
6. Income of Co-tenants. etc. The income of all co-tenants and/or non-dependent occupants
shall be taken into account in determining whether a household is an Eligible Tenant hereunder.
7. Eviction.
(a) Anv Reason Other Than Over Income. In the,ei~i}tthat a tenant who was properly
certified as an Eligible Tenant at the commencement oLsl@l',oienanfs occupancy ceases to be
eligible, for any reason other than being over income, Ry~Jljt?!it~hall give sixty (60) days written
notice to such tenant to vacate the Affordable Unit. 'Ihe:y'acated~gQrdable Unit shall thereafter be
rented to an Eligible Tenant. . ~. ~..
(b) Over Incomc Tenants. When'~f[~ gross income of ao'ii~~~nt who occupies an
Affordable Unit exceeds the "low income" definitl9~'gs defin9slJin HOME ;€gl!liltions Title 24 CFR
n.252(i), then the tenant shall cOInN.ence payingren.N~CJ.l!ifalent to thirty per~,ellt (30%) of the
Tenant's adjusted income, subject to~llie.fair market rentcetling as set forth in HeME Regulation
92.252(i) and the next available corrip;!tIibl~1~i;?;ed and 2o@gured unit shall be designated as an
Affordable Unit. The tenant shall cotitI~,-!c'toi-!2~.g~nsider~d:~!l,."Eligible Tenant" until evicted,
provided this continued ocEupancy otherwise corqElt~~ with~'all.applicable CDBG Program
requirements. .c.~i.:s.~;;;,E~c:. "'!f"i:'!pc::",, . _
8.
Maintenance. "".fi:O:4>
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(a)&~f,Phvsical C6n.dltiofi!6t':Al'f6rdable U1hts. After completion of the AtIordable Units,
Declaral}!r~hall'conti!iJil\llY majnt~lEc the A:ff6t~i1Ql~ 0ji.its in a condition which satisfies the Housing
Qualit~~~t'[ndards proIT[lilgated -'bYtHUD uniIe-r~:i'ts Section 8 Program, as such standards are
interpreteQ':?pd enforced bW~gency"iUlg'cc.:ity under their normal policies and procedures. Agency
and City silillEl1::lve the right to;tJ1,;;pect tlie~fordable Units from time to time, on reasonable notice
and at reasonahl~,times, in ord~['!o veritf1.:ompliance with the foregoing maintenance covenant.
Further, each Affqfg,:ble UnitC~hall be requalified annually, as to the foregoing maintenance
covenant, as part oft'l~~11Ua1i!~rj:ant requalification process described in Section 4 above. Any
deficiencies in the physi;fulh.,cQl1Slition of an Affordable Unit shall be corrected by Declarant at
Declarant's expense withifft!.JittY (30) days of the identification of such deficiency by Agency and/or
City and delivery of written notice of the same to Declarant (nnless such deficiency is not capable of
being cured within such thirty (30) day period, then such amount of time as City or Agency
determines is needed, not to exceed one hundred twenty (120) days, provided Borrower commences
cure within such thirty (30) day period and continues to diligently pursue cure).
(b) Crime-Free Proiect. At all times during the term of this Declaration, the Declarant
shall participate in the City's Crime-Free Multifamily Housing Program, or any successor or similar
program established by the City.
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9. Monitoring. It is contemplated that, during the term of this Declaration, the City will perform
the following monitoring functions: (a) preparing and making available to Declarant any general
information that the City possess regarding income limitations and restrictions which are applicable
to theAtlordable Units; (b) reviewing the documentation submitted by Declarant in connection with
the annual certification process for Eligible Tenants described in Section 3, above; and (c) inspecting
the Affordable Units to verify that they are being maintained in accordance with Section 9, above.
Notwithstanding the foregoing description of City functions, Declarant shall have no claim or right
of action against the City based on any alleged failure to pertol'JP. such function. In addition, the
Declarant shall cooperate with and utilize such forms, softwar~,~f~bsites and third-party vendors as
may be required by the City. Jifi~~Jjio'--
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10. Lease Provisions. Declarant agrees that j!~~l11 include lhi'~!Lof its leases and cause its
successors in interest to include in all of their leas'{:Wall provisions req1!i1:",d under the terms of the
CDBG Program, including the following provIsions:-'
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Additional Lease Provisionsl Annual Incom1\'Yerifictliion:
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(a)
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Lessee agrees, upon written n!<t~~st'iI9D:tthe LandYC@"CityofChula Vista ("City"),
to certify under penalty of perj~J:Yth'e'i<\'k(;\,lracy or'i,tlh,information provided in
connection with th,~5]Ca.mination ot:n~exmnin.~igg_of an'n~~Ljncome of the tenant's
household. F1}Dh",rf~tenant agrees~:tl1at thecanmiaJincorii.~and other eligibility
requirements,:~s~s~b~iaii\b~"and m~~li~aJi~liii~;t;bh~~(j#>the tenancy and that the
tenant will confpJx prompt!y:,,~ith all re:qH~sis for information with respect to the
tenancy from the''I5@fuglord,Z@ity,. Furthei'H~J)ant acknowledges that tenant's failure
to m:()Yid():<lc~urate';hf()rni~tron:r~garc!ing ~ti~hrequirements (regardless of whether
~\l~Kjihjc2~fa~y",is intentkgnal orifh~f~J1tioi1iil) or the refusal to comply with the
,!it9uest for info-~~li()n wit~t",spect theretq}ishall be deemed a violation of this lease
prBi'l~ion, and a.iti[t~Iial bie.~~~ of the tenancy and shall constitute cause for
imm-~.c!iete temlinatioiiWlthe teil~(;'y.
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(b)
i1;'frti'of Lease fdr~@DBG Units.
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Lessee has been'ma.<:le;l\'Viife by Landlord that the unit being leased was assisted with
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CDBG funds. Un<leritileprovisions of HOME 24 CFR 92.253, a lease must be for a
period of not less than one (1) year unless the parties agree by mutual agreement that
the term ofthe lease be less. The Lessee acknowledges that it has been made aware
of the provisions 01'24 CFR 92.253.
11. Compliance with CDBG and Local Regulations. Declarant shall comply with all regulations,
policies and procedures promulgated by HUD, or by City in connection with the CDBG Program,
under which the Loan is being made to Declarant. Declarant's failure to so comply shall constitute a
material default hereunder, entitling City to the remedies set forth herein.
5.
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12. Successors Bound. Declarant covenants, for itself and its successors and assigns, not to sell,
transfer, assign or otherwise dispose of ownership of the Property, without the express written
consent of the City. Any prospective purchaser, transferee or assignee shall expressly promise in
writing to be bound by all of the provisions hereof, including the covenant in this Section 13 to
require successors to expressly assume the obligations herein. It is expressly acknowledged that the
covenants and restrictions set forth herein shall survive any repayment of the Loan. Further, the
obligations of Declarant hereunder shall be deemed independent of Declarant's obligations under the
Loan.
13. Maximum Rent To Be Collected bv Declarant. In f\g/~~~nt, shall all oftherent, including the
portion paid by the Eligible Tenant and any other personof;ehii!)';,collected by Declarant (the "Total
-"'--~--~---'. '"". --~.
Rent") for any rent restricted unit exceed the amountBfi'~prset fd'Tihj[1 Table 1. Total Rent includes
all payments made by the Eligible Tenant and aIL~b'sidies receivea'cby Declarant. In the case of
,.._n___._.,'_" .'"_...-__
persons receiving Section 8 benefits, who are Eligible-Tenants, Declirar{f14c,:knowledges that it shall
not accept any subsidy or payment that would c'~:ti~'the Total Rent receiv~C![fQT any restricted unit to
exceed the maximum rents allowed in Table 1, toEL~y Afforc!:;tg!e Unit. ShB~lc!Declarant receive
Total Rent in excess of the allowabl(: maximumii;ilt;,set,:forth' in Table 1,-Q~(;larant agrees to
immediately notify City and Agency,ll[ih~jmburse th~'0it)C'ilia Agency for any stith overpayment.
Acceptance by Declarant or its succe;~~2Is'lntjnl~rest, ofT6ta,i,.Rent in excess ofthe maximum rent
set forth in Table I shall constitute a mJte[~al;15r~\~g;oftheL6ji1..Agreement and this Declaration.
-==. ---- .-...."
~_.._""., . _. _n...__.
14. Cross Default.~.~~~f~~!~llEder the'Etan Ag~~~m:~ht!:inclu.diifg without limitation failure to
make the paymentst;fo:,the CitY'5p.\lrsuant (6.~the?'S'ame, shaln'be a material default under this
Declaration.":_ -.-;_=~ 'i~i.:;"Y -. -
--
~ ".'. -----..--~ -... =
15. T erm;ii:'-rhi~.Qeclara'ti'[!!,~4'.ilie;g-il-"~!lants X1L~xestrictions contained herein shall be effective
on the d~~lhis[)eclaz~~i2n is~r~~2~~ed ail(FsqiitlE,~ni.ilin in full force and effect for a period oftifty
five (5~J[ears from the{l_~~;ofrec~}?ition ofthlslDeed ofTrust.
-,--~- -~ '._-
16. Enf6'{c~ment. Declafan:'t~xpressl~l~grees and declares that the City, or any successor public
entity or agency-:i~~proper pany:[qd shalfl1ave standing to initiate and pursue any and all actions or
proceedings, at law'9r.in equity tQ:~nforce the provisions hereof and/or to recover damages for any
default hereunder, no'lli:tlhstanc!mg the fact that such damages or the detriment arising from such
default may have actu;JIiy':been'suffered by some other person or the public at large. Further, the
City, or any successor pubrffi"~iitity or agency shall be the proper party to waive, relinquish, release
or modify the rights, coven,mts, obligations or restrictions contained in or arising under this
Declaration.
17. Attornevs' Fees. In the event that any litigation for the enforcement or interpretation ofthis
Declaration, whether an action at law or arbitration or any manner of non-judicial dispute resolution
to this Declaration by reason of the breach of any condition or covenant, representation or warranty
in this Declaration, or otherwise arising out of this Declaration, the prevailing party in such action
shall be entitled to recover from the other reasonable attorneys' fees to be fixed by the court which
shall render a judgment, as well as the costs of suit.
6
3-11
18. Severability. In the event that any provision or covenant of this Declaration is held by a court
of competent jurisdiction to be invalid or unenforceable, then it shall be severed from the remaining
portions of this Declaration which shall remain in full force and effect.
19. Covenants to Run With the Land. The covenants contained herein shall constitute
"covenants running with the land", and shall bind the Property and every person having an interest
therein during the term of this Declaration. Declarant agrees for itself and its successors that, in the
event that, for any reason whatsoever, a court 0 f competent jurisdi\;tion determines that the foregoing
covenants do not run with the land, such covenants shall be enfgrs:S'd as equitable servitudes against
the Property. .,:':;'..'
-~~H~'
~-'.~'-.='~_...~'-'--".~
_,.n .. _.__ _
"'-------.,~ ......~.,.""'._,
''':'::''7'-"cic'~- CO__,.",___'.;"
20. Recordation; Waiver and Amendment; Pavmen'i'ofFees:c'c'Fhis Declaration shall be recorded
~_"_'. ~ <'lJ'._.T.__.._
in the Otllce of County Recorder of San Diego,.Q.~jJornia. No pf~,\;,~ion of this Declaration, or
breach of any provision, can be waived except~W~iting. Waiver ofa.q.~,provision or breach shall
not be deemed to be a waiver of any other prcYYlsl.on, or of any subseque'iJ.t~t!reach of the same or
other provision. Except as otherwise provided h~?eln;Jhis Declaration may jj~il'ipended, modified or
rescinded only in writing signed by qyclarant and l.m~r@i!y:.,trrr'th~ event of Cit)iiS1>Dsent to such an
amendment, modification or rescissioll;'tlt~csame shall Iieg2~Uitioned upon Declara'nt's payment of
all fees and costs incurred by the City ~;tlIf~~p~ft to the sam~;:iRcluding without limitation attorneys
fees. --;:::~~- - ~-~~- -~~.:>~.
wc~~~~~_;= .~~~~
21.
Remedies.
.
~_._.._._,....._ '._~~__u'.
_::'-::'-:.:.:'_.:"U'_-::~:' ',.
.';;'~-:;:::-~-::!3:=":"_;;'-";":::;-,:::~'-
.. e-. _+__- __~-_.~.-"'~""
';:;-;'--~~_'w
,_n ___~ 0__ _
(a) Cont;~8.1j:Joverned~6~Laws of~t~t~::rrCalifo~j1~;~his Declaration, its performance,
and all suits and special prQ'~<;:edini~llI)Eer this Detl~ration, shall be constituted in accordance with
the laws of.th~;,~~te..Clf CaI1fQ~~f"l!!id'F;eSi~E<J;lla~;~i~L.!he extent applicable. In any action, special
proceedmgi;:or'~bther~j5.rq.7eed1fi~t~at may;,B,~~J:?[2lJgl:lt arising out of, under or because of this
Declai~t~()"n, the laws ot'tlie.~tate"o1ig~lifornh'alfd:ihe United States, to the extent applicable, shall
govern io;t.Ii~exclusion ofili~n"~w ofaQYo,Cl.ther forum, without regard to the jurisdiction in which the
action or spe?~lproceedingir!~r:;.be insti.tp~"d.
=----- -Li:i::;"
(b) Stan2~illg. Equita15rtRemedies; Cumulative Remedies. Declarant expressly agrees
and declares that CilYi:S\I,any s1.J.s~~ssor or public entity or agency shall be the proper party and shall
have standing to initiafeilig.miE.~iie any and all actions or proceedings, at law or in equity, to enforce
the provisions hereof and7i5f~Ig.recover damages for any default hereunder, notwithstanding the fact
that such damages or the detriment arising trom such a default may have actually been suffered by
some other person or by the public at large. Further, Declarant expressly agrees that receivership,
injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder,
and that, upon any default, and to assure compliance with this Declaration. Nothing in this
subparagraph, and no recovery to the City, shall restrict or limit the rights or remedies of persons or
entities other than City, against Declarant in connection with the same or related acts by Declarant.
The remedies set forth in this Section are cumulative and not mutually exclusive, except the extent
that their award is specifically determined to be duplicative by tinal order of a court of competent
jurisdiction.
7
3-12
(c) Remedies at Law for Breach of Tenant Restrictions. In the event of any material
default lmder Sections 1 through 21 hereof regarding restrictions on the operation and the transfer of
the Property, the City shall be entitled to, in addition to any and all other remedies available at law or
in equity: (i) declare the City Loan to be all due and repayable; and (ii) recover compensatory
damages. If the default in question involves the collection of rents in excess of the rents permitted
hereunder, the amount of such compensatory damages shall be the product of multiplying: (a) the
number of months that the default in question has continued until the time oftrial by (b) the result of
subtracting the rents properly chargeable hereunder for the Affqrdable Units in question from the
amount actually charged for those Affordable Units. Decl~~~t;';the City agree that it would be
extremely difficult or impracticable to ascertain the preci~~~oi.int of actual damages accruing to
City as a result of such a default and that the foregoingJ6f,iguHhis a fair and reasonable method of
approximating such damages. The City shall be enti~.~dItb'seek~ilit~!9 recover damages in separate
actions for successive and separate breaches whic1dlia'y occur. Fillt!j~r,...interest shall accrue on the
amount of such damages from the date of the breac!j.,in question at the'fi1te~of ten percent (10%) per
armum or the maximum rate than allowed by li[YJ,::~hichever is less. N6tBigg in this section shall
preclude the award of exemplary damages as all6"\[estby law;,';'" -.,,,~o.
~
(d) Expert Witness, Attdth~V.S: Fees, and Co~Is;~;/rhe parties agree tliiii the prevailing
party in litigation for the breach and/o!"jgtem!<:!ation and/6ri~.1Jforcement of the terms of the Loan
Agreement and/or this Declaration shall'1i~entitls~,t<'Ltheir expe!:l:;.)Nitness fees, if any, as part of their
costs of suit, and reasonable [lttorneys' fees":S\s may:l::i~:i.lw.ardect'by~th<o court, pursuant to California
Code of Civil Procedl\re~G~i&i'~!ii2Sl033.5c~" anY.2\1;!f"~~pp!icab[l{:provisions of Cali fomi a law,
including, without liillit~tion, tlleiRt9visions bt:l<;;:f:J?':S998."';0~li'z;~s
-~'~t~~ ~~~.~ '~~7;ft~. ' ..---
22. Mortgaf.!:ees Profe7!tion. N4~V'iQlation or'Gl~;tch of the covenants, conditions, restrictions,
provisions 9rd.i$.it?:!i?ns cofif~il1.{a1inUH[~[,).t:claraH2~shall defeat or render invalid or in any way
impair t!jEi:lienoi'clia,tge.pf anYjJ~i-j!1itted C1eeQ;QHrust;recorded on the Property provided, however,
that an2~s~1Jsequent o,vn~J2fthe'ptQIJ,~rty shail15~'.bdund by the covenants, conditions, restrictions,
limitati6'i1tc[l,nd provisionsllof this"iI?!.~laration, whether such owner's title was acquired by
foreclos~~~''d~~d in lieu off&~~lpsure;;tfue!ee's sale or otherwise.
23. Propertv'M~nager. At aW~jmes that this Declaration is in force and effect, and Agency or
City has served a teil!~lm dayAYIiiten notice of deficiencies in the property management for the
Property which do not t(;n-fQmili?i'the standards of property management of a professional property
manager operating simihir'!jSfoperties in San Diego County and which deficiencies have not been
rectified by Declarant, within the ten (10) day period (unless such deficiency is not reasonably
capable of being cured within such ten (10) day period, then such reasonable amount oftime as is
needed not to exceed 90 days, provided Declarant commences cure within such ten ( 1 0) day period
and continues to diligently pursue cure), then, City, as applicable, shall have the right, in its
reasonable discretion, and upon ten (10) days written notice: (i) to require the retention of a
professional property management firm to manage the Property; (ii) to approve, in advance and in
writing, the retention of any such property management firm, including the terms of the contract
governing such retention; and (iii) to require Declarant to terminate any such property management
firm, provided that such termination shall comply with the termination provisions of the management
8
3-13
contract in question. Declarant shall cooperate with City to effectuate the rights set torth in this
Section 24.
24. Section 42 ofthe Internal Revenue Code
(a) Section 42(h)(6)(E)(ii) of the Internal Revenue Code does not permit the eviction or
termination of tenancy (other than for good cause) of an existing tenant of any low-income unit or
any increase in the gross rent with respect to such unit not otherwise permitted under Section 42 tor
three (3) years after the date the Property is acquired by foreclQ~ili'e or deed in lieu offoreclosure.
_,"",~~-"":":"'.f""
4
~i:ti~~;;;~~-?'
26. No Conversion to Condominiums. DeclaI~Ji~grees that the'2:!lJ1veyance, transfer or sale of
any portion of the Property as a condominiUJ11~slThll be a breach Of;;tpjK Declaration, the Loan
Agreement, entitling the City to immediately ej(~r9se any and all oftheir~right.s and remedies under
this Declaration, the Loan Agreement, including""~j!)1out limil:,l!ion acceleii"t!911 of the City Loan
and foreclosure under the deed of tru!j~. securing the~G:~ty.1R~JO;> -iif~~~~"
- -.---.:..- -= ~~~:;:<J;:_c;o;-~~ ~
."....~-~~.---~
27. Noticing Requirements Prior\;;fit:1:~~ir:ation. Pri~E,Jo termination of this Declaration,
Declarant shall comply with any and alln2,~cing(f~q_~i!emenfs\f!q):!iredunder any applicable laws or
regulations, including wit!1jlgUimitation,-t!l~crequitemellt.~ ofCalit2mia Government Code Sections
65863.10 and 65863. ~l;i~~~~~~~~~~~ " --,.-..__ - -_:~.~=,-~ --~~
..'::;,-' ..
c" __ ";;S~~';,_ =-~__::.. -:::;'"::.F3',::-"'~
28. Covenant Aiain~tDiscrimifiition. Decf:iian{covenant-;Z;;il behalf of itself and its successors
and assigns, and each sJt2~1~9r in~!~!er(:st to the;~rQperty, not to discriminate against any tenant or
prospectiveJenan!Qfany 0Eit'QI"tli~5"'-a.~is':Qftheirti;ce, age, sexual orientation, marital status, color,
religiO~2_.:>,~i'h~fillicaB~~~,natii;1f~r~rigi~:-iSr~fe[:p~~IFin all applicable state, local and federal law.
29. Nb'Novation; Co'riffitts BeT~~n Agreements. This Declaration is not a novation of, and
does not sup~_ts_~de or otherWis~:-'!,mencfmlf2~ any part of the Loan Agreement, the terms of which are
hereby ratifieaf~~_ agreed to'Ij'y.:peclarant. Notwithstanding the foregoing or anything to the
contrary set torth\n,.th~ Loan A~f_~ment, the provisions of this Declaration shall apply in the event
of a conflict between'~xprov~~12li of this Declaration.
~ . ..... ..-- -...--
30. Signature Autho;i~t~I~;All individuals signing this Declaration for a party which is a
corporation, a partnership or'other legal entity, or signing under a power of attorney, or as a trustee,
guardian, conservator, or in any other legal capacity, covenant to the City that they have the
necessary capacity and authority to act for, sign and bind the respective entity or principal on whose
behalf they are signing.
Declarant:
South Bay Community Services, a California non-profit
9
3-14
By:
Kathryn Lembo
Executive Director
]0
3-15
ACKNOWLEDGMENT
State of Califol11ia
)
)
)
County of San Diego
On , 20 1 0 before me, , personally
appeared:,y,110 proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/a~~;'~~9scribed to the within instrument
and acknowledged to me that he/she/they executed the saIll~'iii',ljis/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrumentj!i~pef~gQ(s), or the entity upon behalf of
which the person( s) acted, executed the~""''' '""",'
,-
I certify under penalty of perjury under the
paragraph is true and correct.
the State of C1i!JfgJ;11ia that the foregoing
WITNESS my hand and off~~ial seal.
Signature
11
3-16
-.......
--
"C"_._...,-.u._"
,
Exhibit "A"
Property Description
All that certain real property situated in the City of Chula Vista, County of San Diego, State of
California, described as follows:
12
3-17
Exhibit "B"
Supplemental Rental Application
13
3-18
ATTACHMENT 2
NO CHARGE ON THIS DOCUMENT
PER CALIFORNIA GOVERNMENT
CODE SECTION 6103
Recording Requested By
And When Recorded Mail To:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
"DEED OF J;~!J~T''''~7
(11~~;M96 Trenton~~~Eue)
(City C~BG~Residual Receipts Loan)
,""""'~', =-.';-,..-;,---_.._'. ..._'~._'_..
~~~:B>"_
'",~..,."=,,,,,,-~
'"."-~--"-~".."
THIS DEED OF TRUST is dated as ofthc ~';T",day of:l;m~, 20 I 0, l5Yi~SlUth Bay Community Services,
a California non-profit,5,Q:tr~j:C3,)("Trustor\bj',~hose,~1~]2~~is I 124IBay Boulevard, Suite D, Chula
Vista, CA 91911, Att.e~!ion:XatJixr Lembo~~~~t)i~1CitY;dt~~~Jlla Vista ("Beneficiary"), whose
address is City of Cliii!~"Vista, Kfc!~velopmeii\"wd Housing~"'276 Fourth Avenue, Chula Vista,
California, 91910. ',' .':~ u_
-E:_~~~~~~?C-, -
__.;:c:::-;_;';;::;""'~___~" 'oJ""-'>- .;;::::~;::~~~:~-:":;=--- --------
=4;.~:C".'::;s~.:.:''''..:::;:.. ~i:-::0y~~- _'C-.. ~ ._ _:::..__
J1;RBSTOR'HEREBY~fi:evocabIYgriints'.1ransfers, and assigns to Trustee, in trust, with
power"~f'~le, all that pt6~ljy in tk~~~5ty ofChuHl::Vista, County of San Diego, State of California,
describe&as" ~":_T..:.._,
"'~.~.~
(S!ELegal Description - Exhibit "A")
-----.--' .
... --
FOR THE PURPOSitjOF SECURING:
"".._.~.""--~ -'-"_~"'='i;::;'
~~~~fE:~:~~~~:;:"
(a) Payment of the ind~b1eaness evidenced by a promissory note of even date herewith executed
by Trustor, in the principal sum of Three Hundred Eighty Five Thousand and Noll 00 Dollars
($385,000.00), and any renewal, extension, or modification of the promissory note (the "Note");
(b) Any additional sums and interest that may hereafter be loaned to the then record owner of the
Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so
secured;
(c) The performance of each agreement contained in this Deed of Trust, the terms being
synonymous, and the Note referenced in Paragraph (I) above;
1
3-19
(d) The performance of each agreement of Trustor under that certain Financing Loan Agreement
dated , by and between Trustor and Beneficiary on file in the OfIice of Beneficiary
(collectively, with all amendments thereto, the "Loan Agreement"); and
(e) The performance of each agreement and covenant ofT rustor under that certain Declaration of
Covenants, Conditions and Restrictions (City CDBG Residual Receipts Loan) ("Restrictions") of
even date herewith and recorded concurrently herewith affecting the Property.
A. TO PROTECT THE SECURITY OF THIS DE~~,~Jf;tRUST, TRUSTOR AGREES:
I. Maintenance and Repair. To keep the Propertyi!i'goo(J:iSgp.dition and repair; not to remove
or demolish any buildings on the Property; to cgmpi~t~ or rest9tS. promptly and in good and
workmanlike manner any building that may be C()Ils[licted, damageai~~~,~estroyed on the Property;
to pay when due all claims for labor performedf~rii;Fmaterials furnished';f2i:,~he Property; to comply
with all laws atlecting the Property or requiring'%lycalterations or improveftl~[1ts to be made on the
Property; not to conunit or permit waste ofthe Prop~.(rea~~~!Jle wear andif~iI.r.excepted); not to
conunit, sutler, or pernlit any act upOIUhe PropertycilliY!9.lJijjon of law; and t6~8iltivate, irrigate,
fertilize, fumigate, prune, and do all '5.weSi!.~1~ that frorri'1Q~lsharacter or use ofthe Property may be
reasonably necessary. ~-~, c' "~:.~~~ ""3"'-
"-"''''~"
.~''''''"-'''''
2. Fire Insurance. ~8:Bm.y!lte, maintai~i:llnd deIT~~;l~,l?enetW:j~ fire insurance satisfactory to
and with loss payabl~'"tg'.6en'di~t\lP' as its li1i~Iest.ni~x7apP~~'7eSuBject to the rights of any senior
lenders, the amouni~~ollecteae",*der any"'fjre2?i"otherinsvfance policy may be applied by
Beneficiary upon anY'ln~~l;,tednesS)~~cured by"t~iiDeed of Trust and in any order determined by
Beneficiary, or,<.lt the optioi1'QLBeE~'f1\;ia.lYthe eniIr'eLamount so collected or any part ofthat amount
may be relea~fdi'f()'lJ.llstor.ThiS'cappiit.rriQ'n;Qr relea~e!shall not cure or waive any default or notice
=~---';~:~"----_."--~':'~ -'-~-- -:-,- : ,---:_~~:':-::_--. -":~
of defaum:riinder-tlljS~t>.~~d of~:I[ust or "inviQidat(;'any act done pursuant to such a notice.
N otwitKsf1Wding the foregg}ng, inm~~vent of an'y"fife or other casualty to the Property, Trustor shall
have therig!1t10 rebuild th;;'~f?12erty::illjJ-:lO use all available insurance proceeds therefor, provided
that (a) such':[.&2~eeds are suJfj~~ent to'c~uild the Property in a manner that provides adequate
security to Beriefj..ci~ for repay':n1Fnt of the indebtedness secured hereby or if such proceeds are
insufficient then T~~19! shall h~@,e, funded any deticiency, (b) Beneficiary shall have the right to
approve (which shall~It2!,>pe ~~asonably withheld or delayed) plans and specitications for any
major rebuilding and t11e~i)igll(tO'approve (which shall not be umeasonably withheld or delayed)
disbursements of insurallcii'Proceeds for rebuilding under a construction escrow or similar
arrangement, and (c) no material default then exists hereunder or under the Note. Ifthe casualty
affects only part of the Property and total rebuilding is not feasible, then proceeds may be used for
partial rebuilding and partial repayment ofthe indebtedness secured hereby in a manner that provides
adequate security to Beneficiary for repayment of the remaining indebtedness secured hereby.
3. Defense ofSecuritv. To appear in and defend any action or proceeding purporting to affect
the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all
costs and expenses, including cost of evidence oftitle and attorneys' fecs in a reasonable sum, in any
2
3-20
such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by
Beneficiary to foreclose this Deed of Trust.
4. Payment of Liens and Taxes. To pay, before delinquency, all taxes and assessments affecting
the Property, including assessments on appurtenant water stock, all encumbrances, charges, and
liens, with interest, on the Property or any part of the Property, which appear to be prior or superior
to this Deed of Trust; and all costs, fees, and expenses of this Trust. Subject to the rights of senior
lenders, if Trustor fails to make any payment or to do any act as ]Jr()vided in this Deed of Trust, then
Beneficiary or Trustee may (but is not obligated to) make th~.,piyrnent or do the act in the required
manner and to the extent deemed necessary by Beneficiary:'Qf;;Tfustee to protect the security of this
Deed ofTmst. The performance by Beneficiary or Tm~!Sft6{st;;;,~~!ll act shall not require notice to
or dcmand upon Trustor and shall not release Tmst9!;Krom any obliifi!ion under this Deed ofTmst.
Beneficiary or Tmstee shall also have the folloy.:m~:;related rights"iill':t~powers: to enter upon the
Property for the foregoing purposes; to appear.j1i[iiiia defend any actiorro.~Rroceeding purporting to
affect the security of this Deed of Tmst or the"H~b~ or power~ of BeneflCii\rYor Trustee; to pay,
purchase, contest, or compromise any encumbraJic'ej~(;parge~;91!1ien that in thi@l1dgment of either
appears to be prior or superior to tl1.i~,.!2eed of Tni~t;~;t2o:~Qiploy counsel; aila'tiJ pay necessary
expenses and costs, including reasoii~~)!ltii~3~~.~~eys' fee~>~[~~~~. -
.. _",~".~ ~~'_C"'.::."'.2
5. Pavment and Reimbursement o(€c,sts.'W'fitsTrustor 0iT~2'!y the Note at the time and in the
manner provided therein"..1'Q1l_flyimmedi~t~)y and \iJit118.\l.t.,cjemaiid'tilLsums expended by Benefici.
ary or Trustee pursua9J.iQ.ini~;IDe~d of TmgftwithiQtrt~stfrorn datei&f expenditure at the amount
allowed by law in efft:{(at the -(fat~c.of this b~~9.-2'.f;tmst, "Ii~:ia~to pay any aJilount demanded by
Beneficiary (up to the-1p~imum -~.IIbwed by i~~.at the time of the demand) for any statement
regarding~:~~~~~ationseQ~-'5:~~[~~~~~e~~f T~;s;t~
6. .,-P!'~~'Th;tTrif~2I~:vill--n()i.p,ermit o'tC$ttf~Whe'use of any of the Property for any purpose
other tn~'!he use for whisn;tre Sam~~;i:YaS intendCirat the time this Deed of Tmst was executed.
"",,,":-:;>:<-.- ~
~.i-~
-~~,.", ..",- ... --..--
7. Inco~tb~~tion of AgreIij'{~nts. ihat:;the Note, the Loan Agreement, and the Restrictions are
incorporated ner~iR.by referenc.~.,~nd made a part of this Deed of Tmst, although not attached.
Copies are on file'l111t~~ office oJ'tt~e Beneficiary.
'""i,.~"''''_
8. Performance o{eiliet[@bligations. To perform, in a timely manner, each agreement and
covenant by and between Trustor on any and all notes, loans and deeds oftmst that are senior and/or
junior to this Deed of Tmst. A default in any of these obligations and the expiration of any
applicable notice or cure period shall constitute a default under this Deed of Tmst.
B. THE PARTIES AGREE THAT:
9. Condemnation Award. Any award of damages in connection with any taking or
condemnation, or for injury to the Property by reason of public use, or for damages for private
trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary (subject to the
rights of any senior lenders), as its interest may appear as further security for all obligations secured
3
3-21
by this Deed of Trust. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further
security, or apply or release them in the same manner and with the same effect as provided in Section
2 of this Deed of Trust for the disposition of proceeds of fire or other insurance.
11. Trustee's Powers. Upon written request ofBenefifi~~d presentation ofthis Deed of Trust
and the Note for endorsement, Trustee may (a) reconv"i~!l'or~~x.part ofthe Property; (b) consent
to the making and recording, or either, of any map or,p!f\fO'f all or'iffi')i,part of the Property; (c) join in
granting any easement on the Property; or (d) joinfuXor consent to ;rhf;c~~tension agreement or any
agreement subordinating the lien, encumbrance;~Qr'tharge of this Deei.Hii:t:rrust. Trustee need not
provide Trustor with notice before taking any ~n[g;foregoing actions, an(gh~ll not be liable for the
proper performance of the act. The exercise by Tr:if~~~e of~y~of the foregc5i1llS,powers shall not
affect the personal liability of any PSFsBRfor paymet1tt~&llJ.~'iiiaebtedness sectif~~]by this Deed of
Trust, or the lien of this Deed ofTrus(Ql'E!!i~.E~maining pr5~~J:ty as security for the repayment ofthe
full amount secured by this Deed of Ti1i~f'o;~~.. ":''i&r",,,,
-:-~-~~'=..;r
12. Full Reconvevance,,,lig9,n writtenf~~(lest dfB.~~etl~iarY'st~JiI}g that all sums secured by this
Deed ofTrust have b<:c:.n,..:,r:Kid~l1if~, nd, er oftfiii,D"ee,.,cJ;:9:,~,a.'ruSj{,',t,h".,f(, N, arg, and any other notes secured
~..;.-;::._._:._._ ,,_ n_.__. .. ..... ._ _. .. . . .........:....
by this Deed of Trw&to;tTrustee f6:r~cancellatioii)lna;retention;,and payment of Trustee's tees and
-~"~t.;,-. ~~=~': ~-':~~-'--"- "-
charges, Trustee shaWie.S~2:vey, wif1i;i.mt warran%~fhe Property then subject to this Deed of Trust.
The recitals in the reconveyance sliathbe conclusive proof of the truthfulness of the recitals. The
grantee illtl1e~~cbiweyanc~.rh}a~~15f'de"~~j.j\:).,,4.as ;;tli~person or persons legally entitled thereto."
Five y~~g~ft~~;;~Wiffit.'~IoJth.;'?fuihreconv;;yiihtei..ififstee may destroy the Note and this Deed of
Trust, ~~s directed in'itfLh~qu~~t~!JoJ:etain th~rii~'1
-- -="''''-'''
.. , -
13. As~j"ifunent of Rent~~~s addiiiiJEal security, Trustor hereby gives to and confers upon
Beneficiary th~'rJ]g!, power, ~~uthoritY during the continuance of these Trusts, to collect the
rents, issues, and1Jii).flts of theff)fpperty, but reserves the right, prior to any default, which shall
continue beyond any'apj3JL~able,'illiitice and cure periods, by Trustor in payment of any indebtedness
secured by this Deed of t~~i:l~f:'rn the performance of any agreement under this Deed of Trust, to
collect and retain these renlSf'issues, and profits as they become due and payable. Upon any such
default and after expiration of any applicable notice and cure periods, Beneficiary may, subject to the
rights of senior lenders, without notice and without regard to the adequacy of the security for the
indebtedness secured by this Deed of Trust, either personally or by agent or court-appointed receiver,
do the following: enter upon and take possession ofthe Property or any part ofthe Property; sue for
or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply
these rents, issues, and profits, less costs and expenses of operation and collection (including
reasonable attorneys' tees), upon any indebtedness secured by this Deed of Trust, in any order
determined by Beneficiary. The exercise of the foregoing rights by Beneticiary shall not cure or
waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to
4
3-22
such a notice.
14. Default in Foreclosure. Upon default by Trustor in the payment of any indebtedness secured
by this Deed of Trust or in the performance of any material obligation under this Deed of Trust, and
the expiration of any and all applicable notice or cure periods, Beneficiary may declare all sums
secured by this Deed of Trust immediately due and payable by delivering to Trustee a written
declaration of default and demand for sale and a written notice of default and election to sell the
Property. Trustee shall cause the notice of default and electi~IJ:its! sell to be recorded. After the
required time period has lapsed following the recordation of~~~g;91ice of default, and after notice of
sale has been given as required by law, Trustee, without d~H,i~1~'on Trustor, shall sell the Property at
the time and place specified in the notice of sale, eitherC[l~i~:;wI1O:t~:()r in separate parcels, and in any
order determined by Trustee, at public auction to the,'QigJi'est biddetit8r cash in lawful money of the
United States, payable at the time of sale. Trus!~~;lfltiy postpone sal~~Qf all or any portion of the
Property by public announcement at the time au~(piUce of sale, and from\ii~,;, to time thereafter may
postpone the sale by public announcement at the:fjiv<;f1xed by the precedingp"ostponement. Trustee
shall deliver to the purchaser at the auction its de€~i~?p.veY\1:t~!\1e Propertt~QJ~ but without any
covenant or warranty, express or inmligd. The recitii};;l!1:tKe'cdeed of any mattef"or fact shall be
conclusive proof of the truthfulnes:s~~~[tb:~,.Eecital. AI1'Y:~JJ~rson, including T~'stor, Trustee, or
Beneficiary, may purchase at the sale.;?'tref:iJ~ciM~ting all'cqit.~,"fees, and expenses of Trustee and
Beneficiary under this paragraph, incluglng .''C6sls';Q.f procurlhgevidence of title incurred in
connection with sale, Trustees)1all apply'the pro~~Kd~oJ;sale t6:'paxment of: all sums expended
under the terms of thisi~~d'i5f~T~~t, not tl;eQ,"~~pa1~;!\.0tifi!'SQ~!!.ed iilt~rest at the amount allowed by
law in effect at the da@ifthis Dee<ta,fTrust; al~:~i~~f'sums tl1encsecured by this Deed ofTrust; and
the remainder, if any, to:t!i~,'person 9.t]:Jersons leg~Ex entitled to the remaining proceeds. Beneficiary
agrees that, n01.'Yithstandin~i!~ rig,h!~!o!I.1voke tlieli;~medies permitted by any Loan Document (as
defined ilf}!g;~!)lm},Q;1oan Acgr~~rP~nt);;.t!~!!~geiars;1shal1 not, so long as the Limited Partner (as
defineci'l!1itIle CD:EfG;lf.Q~W1 Agre.[w~<:.nt) hatiiTs~gljpi.Hng ownership interest in Trustor, conduct a
foreclO'Sure. sale of the''j:ir-6j:Jerty 6r4rec,eive a deedcin.lieu of foreclosure, until such time as the
Limited 'P~i1~.: has first be6ri:'giyen 3o'ahs written notice of such default and has failed, within such
30-day peri6a;~g.~ure such defa~lt; proviae.!1;.however, that Beneficiary shall be entitled, during such
30-day period, YO'f,~gtinue to ac~,~lj3rate the Note and to pursue its remedies.
~,-"-'i::"'" C"o'_' ,,_.,
. c",_"'"
15. Due on Sale-'6f~Eurther"Irhtumbrance. Except as otherwise provided in the CDBG Loan
Agreement, should the-ilil~~[~igned agree to or actually sell, convey, transfer, or dispose of, or
further encumber the real property described in this deed of trust securing the Promissory Note, or
any part of it, or any interest in it, without first obtaining the written consent of the Beneficiary, then
all obligations secured by the Note and trust deed may be declared due and payable, at the option of
the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to
require consent to future or successive transactions.
16. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all
parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors,
and assigns. The term "Beneficiary" shall mean the holder and owner, including pledgee, of the
Note secured by this Deed of Trust, whether or not named as a beneficiary in this Deed of Trust, and
5
3-23
the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed,
whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the
singular number includes the plural.
17. Acceptance bv Trustee. Trustee accepts this Trust when this Deed, duly executed and ack-
nowledged, is made a public record as provided by law. Trustee is not obligated to notifY any party
to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in
which Trustor, Beneficiary, or Trustee shall be a party unless bEC!cyght by Trustee.
18. Substitution of Trustees. Beneficiary, or any sUcE~:~i:iitin ownership of any indebtedness
secured by this Deed of Trust, may from time to time, by,;Wijtt~&ihs.trument, substitute a successor or
successors to any Trustee named in or acting underJh,~:Bled o(rtif~~ The substitution instrument
shall contain the name of the original Trustor, Trl.!~~.~;;and BeneficiaiY1l!llder this Deed ofTrust, the
book and page where this Deed is recorded, U!l~:gle name and addressf~t"t~e new Trustee. When
executed by Beneficiary and duly acknowledggq'.~d recordedin the offi'c?L\lX the recorder of the
county or counties where the Property is situated:"~J'iiubstj,t\J.i~9n instrumenf;~all be conclusive
proof of proper substitution ofthe sUP~c~.s1or Trustee of,I:tl,l~f~s':' Any successoi'tfjlstee or Trustees
shall, without conveyance from the pr~~~~t~~g~.Trustee,'ii;g.~~ed to all its title, estate, rights, powers,
and dutJes.o,c~:"~~~;~~,,,,_,, -._
19. Co-trustees. If two,oLmore persoi!s"are de~igri~tedas T~~t~ejn this Deed ofTrust, any, or
all, power granted in.!El~iW'~gd'~~-g:rust to f~itee.!!1~~I8~iei.!:Lc,tsedby any of those persons, if the
other person or pedQ:Jj~are uniib!~_~, for any''fl~~g\''1O acf~~~Y recital of this inability in any
instrument executed by-riJhy_ofthos~'persons shal1!6~ conclusive against Trustor and Trustor's heirs
and assigns. "",~':;;. '-::~c;c'otif., '\~,,-
._,_~~,"',_~"...'.:~..':_:t,~.~_-:~."-",,_~,-~_"'.'.:'..,._,...._., ~,-'-"....__...-C=.""""''",'""'_''-'-,.::.:;'''_'''c.;.
~- -"-- ,,_ '."'--,,- _ '.'" ._.. - "':~,~"3;~f2.:~~"'-_._..'=;;:.~~~Ei~'"_
20. ";Cilffitill:r~i:p-g~ers ancl"R1;medies.' Tnel~9~'Ye';sand remedies conferred in this Deed ofTrust
are cofiS~8:ent and cumu1?ll}'-e to'itiJJ;Rlper rightS"ahd remedies provided in this Deed of Trust or
given bila~:.~These powersTaQgremedj~.lllay be exercised singly, successively, or together, and as
often as deeifi~~,~~essary. 'O~:~~ .~-t~~
21. Conclusiv'eITess ofRecitills~ The recitals contained in any reconveyance, trustee's deed, or
any other instrumente~<;~ted.;.g~f.;'ustee from time to time under the authority of this Deed of Trust
or in the exercise of itsP<tw~:r]1:iOt the performance of its duties under this Deed of Trust, shall be
conclusive evidence of th~itCti-uth, whether stated as specific and particular facts, or in general
statements or conclusions. Further, the recitals shall be binding and conclusive upon Trustor, its
heirs, executors, administrators, successors, and assigns, and all other persons.
22. Attorneys' Fees. If any action is brought for the foreclosure ofthis Deed of Trust or for the
enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to
pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these
sums shall be secured by this Deed of Trust.
6
3-24
23. Request for Notices of Default and Sale. In accordance with Section 2924b ofthe California
Civil Code, request is hereby made that a copy of any Notice of Default and acopy of any Notice of
Sale under any Deeds of Trust executed by Trustor, and recorded in the Official Records of San
Diego County, California, in which Beneficiary, is named as beneficiary, be mailed to:
City of Chula Vista
c/o Housing Division
276 Fourth Avenue
~
Chula Vista, California, 9!,,2lc2;[jt~.
",;,~';,,~.'J{?I-:-' -'~~~~;~'"'
NOTICE: A copy of any notice of default and,of,aiiy~ noti~;:i8f.~ale will be sent only to the
address contained in this recorded request. Ifcypfi} address chii~ges, a new request must be
recorded. . ,'< '''''i'2~",:,
,,"~'<"-"-.
'O;:,~~~
The undersigned Trustor requests that a copy of arijJ!l:gl!ce otc!ii'fault and of iri)iiQQ,tice of sale under
this Deed ofTrust be mailed to TrustOf,at the addres~"o.ft;rB1st6F set forth abov~~iti
.42~~f~C'
. ...
""'e;;_l:;:f:~~".":_;, -
24. Inspections. Trustor shall pern\.lt!3'tR{tiS!'!;Y and its~i\:.J1ts or representatives, to inspect the
Property at any and all reasonable times;~E<:n twii'I1lx,f()ur (24)'lipl,!fs written notice (unless Trustor
is in default under any qf1!I}~,I:()an Docum~l1!s or inW~i~;;~nt Of'a;!j'l~,mergency in which event no
notice shall be required)5~msp'eQti()ns shall B~[(;ondl!"t~p's6]'~si'not t6interfere with the tenants' use
and enjoyment ofthe~I2perty aiiH'.fu,e genenli:~.~~i'()n o{ili~~gfoperty.
25. Hazard()\ls Material~"Define!J:3,,1'oxpurposes,()fthis Deed ofTrust, "Hazardous Materials"
mean andi!lcIUa~e:1w,ychazarclolis~~Qj{iC(ir"dangerous~.w'aste, substance or material including, without
-"'C'';:__>"''_'__''''~''''''_.~'A".~_''-~__."~=-._ ',"-:,~_._.,_':-.",,," "">-'."-, .,;.:-":", ',-'---.C-'
limitati9.Ji;,t1anlmamc~:'(.t~I()sivesJtti!gioactiveOmat~ria,ls;- asbestos, hazardous wastes, toxic substances
and ally;~w~terials or su15~t*cesoet!!!((d as haiarCIous materials, hazardous substances or toxic
substanc€s'a~,<~r for purpo~~s}Ql) the ~e<2.!j1Jlrehensive Environmental Response, Compensation and
Liability Act;ot,J~80 ("CERCL~D, as aili.e~ded (42 U.S.c. S9601, et seq.), the Hazardous Materials
Transportation'Kct~(49 U.S.C. 'SI801, et seq.), the Resource Conservation and Recovery Act (42
U .S.C. S690 I, et ;'~'q;);lilld thoseI~~bstances defined as hazardous wastes in S25117 of the California
Health and Safety C6d~~'()! as )~[~~rdous substances in S25316 of the California Health and Safety
Code or in any regulaHQns;fpI'pfuulgated under either such law, any so~called "Superfund" or
"Superlien" law, or any oif{~j,1federa1, state or local statute, law, ordinance, code, rule, regulation,
order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any
hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect.
26. Trustor's Hazardous Materials Representations and Warranties and Indemnitv. In addition to
the general and specitic representations, covenants and warranties set forth in the Deed of Trust or
otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as
follows:
7
3-25
(a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever
caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed
of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or
any property adjacent thereto, has ever been used (whether by Trustor or, to the best knowledge of
Trustor, by ani other person) as a manufacturing site, dump site or storage site (whether permanent
or temporary) for any Hazardous Materials. "Hazardous Materials" for purposes of this Paragraph
26( a) shall not include substances typically used in the ordinary course of developing, operating and
maintaining apartment complexes, provided that such substanct;~. are used in accordance with all
applicable laws. .~~"'~;: .
.-.
..
------
(b) Trustor hereby agrees to indemnifY Ben~fl91~ty,"'iis.officers, employees, contractors
and agents, and hold Beneficiary, its officers, emplo~~~sj'contra2'fol~i!lnd agents harmless from and
against any and all losses, liabilities, damages, injJ.fti~s;costs, experis~~J1!Qd claims of any and every
kind whatsoever paid, incurred or suffered~~x1cjior asserted againsri'13eneficiary, its officers,
employees, contractors or agents for, with resprctlQ, or as a direct or indi'ft~h<;sult of, the presence
or use, generation, storage, release, threatened rel~gs~iJsdispgsajiQfHazardouS'Materials on or under
the Property or the escape, seepage;',ls:akage, spillage;...<ll~~ii3rge, emissio~'Qf;/release of any
Hazardous Materials from the ProB~EtY,'<(mcluding, wit}lqllt limitation, any l~sses, liabilities,
damages, injuries, costs, expenses or'fl~im~;:il~iterted or 'iif.i~ing under CERCLA, any so-called
"Superfimd" or "Superlien" law, or any1ttl1erlel1~ral, state ot'lBcal statute, law, ordinance, code,
rule, regulation, order or,<:!t;.g.rt;~Eegulating,~fe!ating;f~BI:imposirig~)l1lJility or standards of conduct
concerning any Hazru;.c!_g}1J:'Mat~~iJJ,s) regardi~s,~ o~~~Btller~!~fJ!ciused by or within the control of
Trustor. The forego4fg',indemnifiS!l;tion shalf\1Q!J~pply to aliY'!iiibility resulting from (i) an event
that occurs after a transf.'#;gfthe P~operty due to;;iPy foreclosure sale Gudicial or nonjudicial) or a
deed in lieu off()reclos~e~(k,{ii2,As(s.8rcQmissioTis!9.f Beneficiary or its agents.
.tC::~;~~~:~~~~~':~_ -"~~~~~~~~~-;-~~E~~~~~;::,:> _ __ -~~~;;~
,~(t~G~~'f;:Usf6f.'hil,5_no(f!;2~Lyed any'n6fic~+9r(i) the happening of any event involving the
use, spiIl~g'i\ discharge;'(}r~leanup'of@y Hazardbtfs Materials ("Hazardous Discharge") affecting
Trustor 6r'ilie.Property or [ITY[anY c~rifP1i!int, order, citation or notice with regard to air emissions,
water disch'~~~. noise emi;~(cJb~ or aiix~~ther environmental, health or safety matter affecting
Trustor or the PfQP<;rty ("Environmental Complaint") from any person or entity, including, without
limitation, the Uriii@'1>tates Eny[[onmental Protection Agency ("EPA"). If Trustor receives any
such notice after the'i:i~i~;l;1ere.Qft~hen Trustor will give, within seven (7) business days thereafter,
oral and written notice6[~awtc;to Beneficiary.
"'~~
(d) Without limitation of Beneficiary' s rights under this Deed of Trust, Beneficiary shall
have the right, but not the obligation, to enter onto the Property or to take such other actions as it
deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise
deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice
from any person or entity, including without limitation, the EP A, asserting the existence of any
Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true,
could result in an order, suit or other action against Trustor affecting any part ofthe Property by any
governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its
security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the
8
3-26
exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor
upon demand together with interest thereon at a rate equal to the highest rate payable under the note
secured hereby.
(e) The foregoing representation, covenants, indemnities and warranties shall be
continuing and shall be true and correct for the period from the date hereofto the release ofthis Deed
of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu
thereof), and these representations, covenants, indemnities a::~~anties shall survive such release.
27. Choice of Law. This Deed of Trust shall be govern,ejfby and construed in accordance with
the laws of the State of California. . .~c';';i~~#
'-c."'''-.='~.
.....
.r~-
28. Non-Discrimination. Trustor covenants.2.Ya~ndfor itself aniF@y..successors in interest that
there shall be no discrimination against or segr~g:~\ibn of, any person o?gI<:i~P of persons on account
of race, color, creed, religion, sex, sexual oiie'@3tjon, marital status, niiti2!lal origin, ancestry,
familial status, source of income or disability in ini;"S~e, leas~;'f~ublease, traD.~f~x, use, occupancy,
tenure or enjoyment of the Propertyi'n9X. shall Trus~t:Qr;a,ffY;15frson claimingijii~er or through it
establish or permit any such practic6"'Q~!pras!Lces of dis~h!'Kifiation or segregationof any person or
group of persons on account of any b'il~ji'iis't~"d-i[l sUbdivlsi911,c{a) or (d) of Section 12955 of the
Government Code, as those bases are atfi..!1ed'ii1.'f~ts.\.fons fi9~;~, 12926.1, subdivision (m) and
paragraph (1) of subdivi?iolr,CPt of Sectioll?'1:2955, anQ~Section 1222~.2 of the Government Code,
.~;_..:,;~_.:',._.~."._.._".~_'__._._ '-,.c',----.', .-"-?__.....:...::.:.c-._...-.__.~ -"';;'.,<,';.,
with reference to the sele'ctiOTI;olocation, number, useR.lr'oC"cupancyoftenants, lessees, subtenants,
sublessees or vendee~f~~the Pr~~fu:. The f~!~Rwr~ove~iliiliJshall run with the land.
~-_-c_~.~== ;;:.~ o~
29. Provisions to be rncludedlli3-Documents.'~htstor shall refrain from restricting the rental,
lease and,2!t~rf21itl~.l1~lQ"ope-~~lf"1ffi:Y~~~1!i[lg ~l!1thereon on the basis of race, color, creed,
religion:,sex;'sexualCon~p.!.atiori.;~marital statti~;tJtational origin, ancestry, familial status, source of
incom.~;t?f':4isability of;;R~!R!,[Sori:'iIR!!;such deedg~'feases or contracts for the rental, lease or sale of
the Proie~~"9r any dwelfill!;2!1nit,"!i!{iilJ,contain or be subject to substantially the following
nondiscrimiili\.tiOl1 or nonsegreg~!ion clau~~s:
-"-,-~:.:;..". -:;::::,1";:$. "-""
(a) Cofitt~cts. In coritI~cts for the rental, lease or sale ofthe Property or any dwelling unit
"There shall be no dis~Epil)~tl211 against or segregation of any person or group of persons on
account of race, color, nmgiOliisex, sexual orientation, disability, medical condition, familial status,
source of income, marital stl1tITS, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming
under or through it, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees of the land."
30. Authoritv to Sign. All individuals signing this Deed of Trust for a party which is a
corporation, a partnership or other legal entity, or signing under a power of attorney, or as a trustee,
guardian, conservator, or in any other legal capacity, covenant to the Beneficiary that they have the
9
3-27
necessary capacity and authority to act for, sign and bind the respective entity or principal on whose
behalf they are signing.
TRUSTOR:
South Bay Community Services, a California non-profit
By:
Kathryn Lembo
Executi ve Director
";;,""'-;,-,~'.';:,.~
~......._-
ACKNOWLEDGMENt~~
.. ___.~h
State of California
)
),~~~.
) --:-:-
County of San Diego
On ,201 0 b%-.._~___f....;.~.f_'==--.'c__.~o~.,_.e_.., -.":"-<'+'-:~-' , personally
appeared ..-:_- c....._.. "'~[;;;;: who proved to me on the basis of
satisfactory evidence to be the person(s).:);Ylios~~fl~e(s) is/ar~~l,tbscribed to the within instrument
and acknowledged to me that he/she/they~tecutea'ttt~s-tme in his~~/their authorized capacity(ies),
and that by on tlie::instrume-iit~tll<:::person(s);,or the entity upon behalf of
which the person(s) the insifij~~t~~~;;;:<'';;t~~~1~ -~-
the hlws...of the State of California that the foregoing
.
-
(Seal)
10
3-28
Exhibit "A"
Property Description
All that certain real property situated in the City of Chula Vista, County of San Diego, State of
California, described as follows:
11
3-29
ATTACHMENT 3
DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE AND THE DEED OF TRUST
SECURING IT MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION
BEFORE RECONVEYANCE WILL BE MADE.
Chula Vista, Califarnia
PROMISSORY NOTlj:~~~~c-
(1194-1196 Trenton Avenl!~)
(City CDBG Residuall\eceIpts\~()an)
("N;~}1cf-~~/~H '--_
June
,2010
1.
Princioal and Interest.
--
...........
""",,"_C,..'
T.:':""'--'.
u
----.-.----
~_...~-~_..=--
_._---~._._-
~ . -. -.---
=-,-"..='''.-.-._-----
FOR VALUE RECEIVED, and in c;;nsidei!itiiHLafChu1a"Ycist~ City Cauncil Resalutian Na. 2010-
~ dated June 22, 20 I 0, the City .of ClItIa viiiiij(,~L_~nder")~:mdc;;auth Bay Community Services,
a California nan-profit ~_Qg,,(c)(3) ("Make~B), Maker;gtolIlises iO'rnay ta Lender, .or .order, at 276
CC. '1i-_:.-_:.; -,-::- .-<--: ~-__._._':__._'.__" .. ..-:-..."
Faurth A venue, Chula"~ls1:1i;;caiif9rnia, 91931'0, orsucI1\Jther;place~as the holder may from time ta
time designate by ~i!tln nat;~~~12. Milker5~~~_iB;rri~ipa(sttiri:'of Three Hundred Eighty Five
Thausand and Na/100'l:>.Qljars ($31t~;000.00),ofcrso much as is advanced, tagether with accrued
interest from tl1\:l_date afai~gllEse}p.ce!lW.l!Jhe rate -q,ti!.hree percent (3.0%) per annum, except in the
event .of adefault'fUilc!s;r thisNpt~fQ:ta'riy[6nh~J,aail'~p_ocuments, as defined belaw, in which event
ten per<;Rri~~r6%T~iilipJ~j!1ter~st~I;1~II be d;efue~;!Q,liave accrued as afthe date .of default under this
Nate. ;;TIi'i~ Nate is issii~d:pursultnI~!~ the deed"bf trust (the "Deed .of Trust"), being executed
cancurrefiijy~herewith, ta b~ert~cprdeCi~i~~~Qe office .of the Caunty Recorder .of San Diego County.
The real prop'2~described in'~,DeedOf;crrust shall be referred to herein as the "Property." The
Note, Deed ofTm"~S, and Decl@,~tian .of Cavenants, Canditians and Restrictians are sametimes
collectively referr1?al~terein as:ln;e "Loan Dacuments."
2.
Residual Receiii~\D~tiiiitions.
(a) Residual Receipts Defined. "Residual Receipts" shall mean Gross Revenue less
Reasanable Operating Expenses, calculated an a calendar year basis, as pravided herein. All
calculatians of Residual Receipts shall be subject ta verificatian and approval by the Lender.
(b) Gross Revenue Defined. "Gross Revenue" shall mean all revenue, incame, receipts,
and ather consideratian actually received from the operatian and leasing afthe Praject, as such term
is defined herein. Gross Revenue shall include, but not be limited to: all rents, fees and charges paid
by tenants, Section 8 payments .or ather rental subsidy payments received for the dwelling units, all
cancellation fees; proceeds from vending and laundry room machines; the proceeds of casualty
1
3-30
insurance to the extent not utilized to repair or rebuild the Project; and condemnation awards for a
taking of part or all of the Project for a temporary period or used to repair or restore the Project.
Gross Revenue shall not include tenants' security deposits, loan proceeds, capital contributions or
similar advances or payments from reserve funds.
(c) Reasonable Operating Expense Defined. "Reasonable Operating Expenses" shall
mean any and all reasonable and actually incurred costs associated with the ownership, operation, use
or maintenance of the Property, calculated in accordance witl1.generally accepted accounting
principles. Such expenses may include, without limitation, PJ2~~[iY and other taxes and assessments
imposed on the Project; premiums for property damage, li~~mfu.~d business interruption insurance;
utilities not directly paid for by the tenants includil1~f~WiinQH1.,limitation, water, sewer, trash
collection, gas and electricity; maintenance and reR~iE~lnCluding';c~tp.out limitation, pest control,
landscaping and grounds maintenance, paintin~:[ij.ii(Fdecorating, "cl~il!ling, gencral repairs, and
supplies; tenant relocation costs and expenses;:IK~llse fees or certificate:gEQ.ccupancy fees required
for operation of the Project; general administraitx~.expenses directly attH~!;!table to the Property
including, without limitation, advertising and rn~rk~ting;,-:.se'CJlIity service.~:tffi1d systems, and
professional fees for legal, audit an4i~E~?unting; proR~,rty;iil1ili~gement fees anq:ieimbursements
including on-site manager and assisfags~ina11ager exper\.s~~~:debt service on any loan made to the
Maker by any partner of the Maker to'fS(r{~r:'qB,~E\'ting exp'i;ns~s; cash deposited into a reserve for
capital replacements of the Project irilpt~lVemejj.l~'~i.lnd an'::'QR~Iating reserve; and reasonable
supplemental managemel!l.f~~~.)n no evertf:sl1all expeggittp;es, infllicljpg attorneys' fees or litigation
costs, normally requir~1f:(o"15e1plli,d out of'!h~ Rep!~em{9'hiRes~rve, be treated as Reasonable
Operating Expenses~1#lI~ss specit!9g11y apprQ-r-ea1:ihC? writing"~Y the City. For purposes of the
foregoing definition O(~jlZ~<lSonabIe.iiPperating"'E$Renses," any property management fee which is
paid to Mak~r or an affiliate~9fNfakeE,;;pall at 'h~;-:time exceed an amount as is customary and
standard J9if~OCQ'(~a.~1~ hoiis[ui~y~g:;~'tt~~~i~ilar".ilc"size, scope and character to the Project.
Notwij:lisfaliding the~fQi"~going;'fifE.purposes,"of.,..:thi.~_. ..:!! c.alculation, Reasonable Operating Expenses
shall not:iu~lude the foIIb\iling: prlD.8@1 and interest payments on any debt subordinate to the City
Note (exC'l;p!.:!!ebt service oni!2i\Ps maq$3)D the Maker by a partner to cover operating expenses, as
provided a1Jo.lf~)', depreciatiorr,'E:'!;mortiziiti9n, depletion or other non-cash expenses, incentive
partnership asset';!!1ffi1agement f~~],payable to the Maker or its affiliate (other than the management
fees described abo:\1~2;.gr any ani9':tpt expended from a reserve account. In the event that any ofthe
above costs is incurredE.ill!ial!y~th respect to the Project, the parties shall mutually agree upon an
allocable portion of sucli'c8.~t~~~hich shall be deemed Reasonable Operating Expenses of the Project
for the purposes of this Agreement.
3. Term of Loan, Due Date and Ri!!ht of Prepayment. Each year during the term of this
Note, Maker shall calculate its Residual Receipts, as defined herein (and report the same to Lender
no later than May 1 of each year, on a form acceptable to the Lender in its sole discretion) and
distribute and pay such Residual Receipts set forth in this Section 3 no later than May I of each year
for the prior calendar year.
2
3-31
(a) Until Payment in Full ofthis Note. During the period commencing on
and ending on the date this Note has been paid in full, Residual Receipts shall be distributed and paid
as follows:
(1) 33% of Residual Receipts to repayment of this Note;
33% of Residual Receipts to repayment of the County of San Diego Note; and
(3) 34% of Residual Receipts to be retained by the Maker.
4. Tenn of Loan, Due Date and Ril!:ht ofPrepavment~~1'fotwithstanding Section 3 of this
Note, above, this Note (including all unpaid principal and<lism~a interest) shall be due and payable
in full at all of the following times:c.c.~c-"c;'='.:..
-".~-;;~,+.
(a)
.~ ""'- .-.
'~:::-'-:::"- .."----+--
Fifty-five (55) years after the rc::,?~~ti()n ofthe Deidi~f"Irust.
_n,",_"__'.,_.____ ....'_____.__."
(b) Concurrently with the refinancit'ig;&f.<lllY loan or other obligaiIi;Jll~secured all or in part
by the Property.".f1f:~~ . _,,::;., ~.'
--"",..-,.= ._~-.-"-."-~,,,,-,,.
(c) Acceleration ofthis N~i~jplJl:~llant to t~~~m~I~;ons of Section 6 o{~his Note, when
all principal and accrued interest shall~,?j}lueT~:!J<;l.payable:'.c~~;:....
(d) Any sale,;:t.ran~fer, convey~!ige or;fuffih~r?encurii8tligce of all or any part of the
Property, without the:~~p.~~~s'~~~~ cons~i"1~~~~~~fs~h<:l~ri~'",,"?'
This Note m~~~;Jlrepaid-c-~~whole or ]~~i at any ti~~ and, from time to time, without
notice or pena!!y. Any preJlaYII1~l1flQa1.Lb.e allocated tirst to unpaid interest and then to principal.
Should tl1'?wt4~fK1lfu$.Qsell;cQI):fey~lransl~i";'f1J.rth~~~10cumber, or dispose ofthe Property described
in the !?e~.~~ofTri.isto;;(i~iIT;iJ1g thi~IliQte, or aiiY;p8rt,gfii, or any interest in it, without first obtaining
the wiitt~lLconsent of L"cil"iler, or th~~!!:!en holdef'tf this Note, which consent shall be granted or
withheld\ri:the sole discretI:&nof the~Bender, then all obligations secured by this Note may be
declared d~g'~<;l,payable, at lK6ZQption6fj';ender, or the then holder of this Note. Lender reserves
the right to approY~:<lll sales, traIt~.fers, conveyances, additional encumbrances, or dispositions of the
real property. Cons"itl1t to one tt~action of this type will not constitute a waiver of the right to
-.~c='-"," _i~::_~-~:
require consent to fUru{sLQ.r Sl!S~~~csive transactions. 11' such a sale, transfer, further encumbrance,
disposition, conveyance~Qi;'!f@"~fer is approved by Lender, ilien upon ilie sale, transfer, further
encumbrance, conveyance;"tfansfer all accrued but unpaid interest on this Note shall be paid to
Lender, at Lender's option.
5. Security for Note.
This Note is secured by the Deed of Trust of even date herewith executed by Maker, which
creates a lien on the Property.
6. Acceleration Upon Default.
3
3-32
In the event of any default under the terms of this Note, Deed of Trust, or the Declaration, or
any prior or subsequent loans, notes and/or deed of trust, at the option of the holder of this Note, and
after the expiration of any applicable notice and cure period, all principal and interest due under this
Note and the Note shall immediately become due and payable, without further notice. Failure to
exercise such option shall not constitute a waiver of the right to exercise it in the event of any
subsequent default. Without limiting any other events of default contained herein, or in any of the
Loan Documents, the failure to complete rehabilitation of the Project to the satisfaction of Lender on
or before December 31, 2010, shall be considered an event,gt:,default, entitling the Lender to
accelerate the payment of principal and interest hereunder, a~,:Jl(~ylCled in this Section 6. Time is of
the essence. '~.. -",' -
7.
Costs Paid bv Maker.
.---"-"--=-~=.._.~
- ~,'-.~"".::-,*-g:~-
. " -.. -......,
"=-=,-'J;T.-,"-" .~C',_
~.l;:;;::;J.- 't.EC:":.c
__.:".":"".J '''''''':;'':.'''''-
."~-'" ,-. _....-- .....
ft:..,~,,---
~'~'''''~'",".
""..._ .n __
Maker agrees to pay the following cost~~~XJ5g~ses, and attomey~;~f.eS;; paid or incurred by the
holder of this Note, or adjudged by a court: (a) 'i'eii.s.()nable costs of collecti~~;:Eosts, and expenses,
and attorneys' fees paid or incurred in connection"~~th}he cgIt~stion or enforse,j:Rent of this Note,
whether or not suit is filed; and (b) c(),sls,l{f suit and sl16ti:~,uri'!~sthe court may adjuclge as attorneys'
fees in any action to enforce paymen[@!fii~.Note or any$i\i1 of it. ~
.<~ ---- ",=0--:'>- '.""
8.
t<-.,:-~2'~,~:,..
Payment and Interest CaIcula'tlon. '2;,,,,,,.
"f.":::'.F,,-'-'~.
__'i__;:"""''''~
'-.i:.'_""~'-'';'_
Principal and..irit~~~~l1~l1'ii!tbe pay~l5i~in ImYfdi"H{i[ney otfll~ United States of America.
Interest shall be comR.~~ii base(fdur~)60,daYX;}l,f'@;r30'd~yiri~nth. Payments shall be applied to
interest first and thentof~J".unpai~"Rrincipal bal@'ce.
,;;;;;~~"'",.-
.~-'-""".= ..--..... .
_= _ "''':ii1C::.'-..''''';:-.;'''''"-''-'-''~'C<' -.--..,.--.-~
~~;!rl~'''';c-,,- -"~"'~~."'''ci?l';:::,:_~ "
;.':@~er hereby ~~l'~~s1i liJ'fi~~,.presentmerit: protest and demand, notice of protest, dishonor
and nonpa~)nt ofthis Noii,"'it[jd expr~~l~ agrees that, without in anyway affecting the liability of
Maker hereuns!~l, Lender maY;S:~lend aiiy:#}aturity date or the time for payment of any installment
due hereunder;a?e;<<pt additioml~~curity, release any party liable hereunder and release any security
now or hereafter s~Q\j.rif1g this N.Q&~. Maker further waives, to the full extent perrnitted by law, the
right to plead any an(riiH:~tatl!!fs,:9f1imitations as a defense to any demand on this Note, or on any
deed of trust, security ag't~~~~~trguaranty or other agreement now or hereafter securing this Note.
9.
10. Non-Recourse.
(a) In any action broughtto enforce the obligations of Maker under this Note or the Loan
Documents, which accrues prior to the timely issuance of the temporary certificate of occupancy for
all of the Property and Improvements, any judgment or decree shall be enforceable against Maker, in
addition to any collateral security for the payment of this Note, and Lender may seek any deficiency
judgment against Maker. Upon proper and timely issuance of the temporary certificate of occupancy
for all ofthe Property and Improvements, this Note shall become non-recourse to both Maker and its
partners and the recourse provisions of this Paragraph I I (a) shall no longer be operative.
4
3-33
(b) Notwithstanding Section I I (a), above, Maker shall indemnify, defend, protect and
hold Lender harmless from and against any and all loss, damage, liability, action, cause of action,
cost or expense (including, without limitation, reasonable attorneys' fees and expenses) incurred by
Lender as a result of any (i) fraud or material misrepresentation under or in connection with the Loan
or any Loan Document; (ii) intentional bad faith waste of the real property more particularly
described in the Deed of Trust; (iii) losses resulting from Maker's failure to maintain insurance as
required under the Deed of Trust; and (iv) misapplication of anXi,,<,;pts, security deposits, insurance
proceeds, condemnation awards or any other proceeds de~i21\~(I';from the collateral security in a
manner prohibited by the Loan Documents. Lender shall'"j3tomptly provide Maker with written
notice of any event for which Maker has an indemnificaXi6ri[6bifg'atjon as provided in this Paragraph
11 (b). Notwithstanding anything to the contrary SQlltiiilied hetlfjIi;,jleither Maker nor any of its
partners shall be personally liable for any indemQ,j~Si~il'on obligatiofifW1~fr the Loan Documents to
the extent such indemnification would result ifr'iHE&payment ofprinCiparand/or interest under the
Loan. "'-"~" .;:;~s,'
--'=__"'__".::"~:;;:;;-:~ ';r"":'-21r
(c) Maker's obligation toAmlemnify the Le~l1s!:a~}lforesaid shall be'p.$Jsonal, recourse
obligations of Maker and in the even(:Q~~y,kreach of siic)J:SiJ?ligations, Lender shall have the right
to proceed directly against Maker to ref:2ier:qny;<\!.ld alllosSes;j,qamages, liabilities, actions, causes
of action, costs and expenses (including:'w.!)1o'uFlimil<i!ion, re;;sQ.~<\ble attorneys' fees and expenses)
resulting from such breaSI1~I2c!.lhe right to';~_;:Wg anyitti{Q.Qjlnd to;i~~:tit.ute any proceedings to obtain
a deficiency judgmentinior'ft(jli2~ing afterY()~t"closlli'~1;fgr~a'iiyand'aTllosses, damages, liabilities,
actions, causes ofacii~ii~~osts arl1ire~penses (iiiglJ-l'i'llti1twithriutfijnitationreasonable attorneys' fees
and expenses) resultirlg'JI-4?!r such ~l~ach. ,,,,.,~y
.-
~C:=-,
~ - - -,........
-c::. ,"___~__:'':=-::;c"';:~~=_~_,,_,c:'f::"_~"::; __ __
Late1eh;~'r~~~;~., ", .'C"='- '.". :;',;;:,.~
-::t"'-""'''F'- ~-t;-;;..:L
~~_;:-__=-?" - c:~.;:~;~~ '':___':~;;:', -:"'_..:'~__:-"<::
"@~ddition to thef~fegoing;;If;JlI1Y installment due hereunder is not paid within fifteen (15)
days from;i!1?date due, Mak-gt:promise~~'Qpay a "late charge" offive percent (5%) of the installment
so overduef()ifd~~~.the exp~'hT~!ncidetit'f~handling any such delinquent payment or payments.
11.
12.
SeverabilitV~~~
':;'~"'iFF.--
"_.....:,'~=-.-
If any provision ~olahis-'NSte is determined to be void by court of competent jurisdiction, such
determination shall not affect any other provision of this Note, and such other provisions shall
remain in full force and effect.
13. Non-Waiver.
No delay in demanding or failure to demand performance hereunder shall constitute a waiver
by the holder of this Note of its right to subsequently demand such performance or to exercise any
remedies for any default hereunder. Further, in order to be effective, any waiver of any of Lender's
rights and remedies hereunder shall be expressed in a writing signed by Lender. Further waiver by
Lemler of any right hereunder shall not constitute a waiver of any other right, including but not
5
3-34
limited to the right to exercise any and all remedies for a different or subsequent event of default
hereunder.
14. Replacement Note.
The undersigned agrees that, in the event that this Note shall become lost or stolen, upon
request of Lender, the undersigned shall execute a replacement Note incorporating the terms hereot~
provided that Lender shall furnish a written agreement to inq~f\l!lify the undersigned against all
losses, costs, and damages arising from a duplicative dem~~~r'payment under this Note.
15.
Interpretation; No Novation; Conflicts.
---_..~_.~._,._-_.._._..._...
=-c.:..."---:-""'--"C
.. .-
. .... ''2'':.''.:.~--.
This Note shall be governed and interpr5;L~Q~thc'accordanceW1J.h,.applicable California law.
._-.
.
16.
Signature Authoritv.
~-.
_.~:"..c_-:;~_"c -..
.no_. ~__ _
All individuals signing this NQ!.~for a party wli:r<iliis~:cPiPoration, limiteci'@bilitycompany,
partnership or other legal entity, or"{i]lling..)lnder a po\\i~fJ:Qf attorney, or as a trustee, guardian,
conservator, or in any other legal capa~itY;~Q;y'~~ant to tf(e4g~pder that they have the necessary
capacity and authority to act for, sign and;!lJpd tlie;ri~B~~tive eniit):::2r principal on whose behalf they
are signing. .... .~:;;"~;;;;.c;.. ..
..--. ,;;-~;:~~';;':;;~;'~::~;'
Maker:
South Bay
~'i;~,,'p;ofit
'-=
6
3-35
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE LOAN DOCUMENTS BY AND BETWEEN THE CITY
OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES
IN THE AMOUNT OF $385,000, AND ALL OTHER
DOCUMENTS NECESSARY FOR THE FINANCING OF THE
ACQUlSlTION AND REHABILITATION OF 1194-1196
TRENTON A VENUE FOR AFFORDABLE HOUSING, AND
APPROPRIATING FUNDS THEREFORE
WHEREAS, the City ofChula Vista is an entitlement/participating jurisdiction for the U.S.
Department of Housing and Urban Development (HUD) funding programs and is awarded on an
annual basis a formula grant from the Community Development Block Grant (CDBG); and
WHEREAS, CDBG funds are designed to assist in the creation of atIordable housing
opportunities for low income households through the acquisition and/or rehabilitation of affordable
housing; and
WHEREAS, South Bay Community Services ("Developer") proposes to acquire and
rehabilitate a 7 unit multifamily rental development, with units affordable to extremely low, very-
low, and low income households at 1194-1196 Trenton Avenue (Lot16 of Map No. 2119) located
north of Palomar Road in City of Chula Vista ("Project"); and
WHEREAS, the City wishes to provide up to $385,000 from its federal Community
Development Block Grant (CDBG) funds to assist SBCS in the acquisition/rehabilitation. The City
assistance is a maximum level of participation; and
WHEREAS, the City's provision offunds to the residential use of the Project will directly
improve the City's supply of very low and low income housing; and
WHEREAS, the environmental coordinator has reviewed tlle proposed action for compliance
with the National Environmental Policy Act (NEPA) due to the use of Federal funds and has
determined that pursuant to Section 58.35 (a), Title 24 ofilie Code of Federal Regulations the project is
Categorically Excluded.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE as follows:
1. That it authorizes the establishment in fund 33320 a new non-CIP project - "Trenton Street
Project" and amends the FY 2010 CDBG Program Budget to appropriate $385,000 in grant funds
from Housing and Urban Development to the "Trenton Street Project" for a loan related to the
acquisition and rehabilitation of the Project;
3-36
Council Resolution No. 2010-_
Page 2
2. That it authorizes the City Manager to execute loan documents for $385,000 from CDBG funds
between the City of Chula Vista and South Bay Community Services, and all other documents
necessary for the financing ofthe "Trenton Street Project" in substantially the form presented to
the City, and make such modifications, changes or additions in consultation with the Office of
the City Attorney, as may be necessary or advisable for the financing of the project.
Presented by
Approved as to form by
Gary Halbert, PE AICP
Deputy City Manager/
Development Services Director
~/X
Bart Miesfeld
City Attorney
3-37