08-0219_SEASONS SENIOR APARTMENTS II, L.P._Regulatory Agreement (2)This Documerhfas electronically recorded by
S Norwalk B
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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704 28 Al2 13 2008000077139 04:07pm 02/20/08
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This document is exempt from the payment of a recording fee pursuant to
l.J U'IY 6D Government Code Section 27383
REGULATORY AGREEMENT
THIS REGULATORY AGREEMENT (the "Agreement") is entered into as of
February 19, 2008, by and between the SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and SEASONS
SENIOR APARTMENTS 11, L.P., a California limited partnership (Owner").
RECITALS
A. Owner has acquired from Agency certain real property located within the City of San
Juan Capistrano, as particularly described in the Legal Description attached hereto as Exhibit A,
which is incorporated herein by reference (the "Site").
B. Owner desires to construct a thirty-eight (38) unit multifamily affordable senior
housing development on the Site (the "Housing Project"), and to make available and rent the
apartment units within the Housing Project (the "Housing Units') for low and very low income
persons at an affordable rent.
C. Owner and Agency have entered into a Disposition and Development Agreement (the
"DDA") dated as of November 7, 2006, as amended by that certain First Amendment to Disposition
and Development Agreement dated as of February 19, 2008. Subject to the terms and conditions
therein, the Owner has agreed to acquire the Site and construct and operate the Housing Project, the
Agency has agreed to provide financial assistance to Owner, and the Owner has agreed to make
available and lease twenty-eight (28) of the Housing Units to Very Low Income Households, and ten
(10) of the Housing Units to Lower Income Households, all at an Affordable Rent (as those terms are
defined herein). The execution and recording of this Agreement is a requirement of the DDA.
NOW, THEREFORE, the parties hereto agree as follows:
1. Number of Affordable Units. Owner agrees to make available, restrict occupancy
to, and rent twenty-eight (28) of the Housing Units to Very Low Income Households, and ten (10) of
the Housing Units to Lower Income Households, all at an Affordable Rent. One of the Housing
Units may be reserved for the on-site property manager, provided that such property manager meets
the income requirements provided for such unit.
DOCSOC / 1261995v5/022299-0081
ANY
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FIRST AMERICAN TITLE INSURANCE
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Attention: Agency Secretary
This Documerhfas electronically recorded by
S Norwalk B
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
�AII�NIII®1�81����� NO FEE
704 28 Al2 13 2008000077139 04:07pm 02/20/08
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
This document is exempt from the payment of a recording fee pursuant to
l.J U'IY 6D Government Code Section 27383
REGULATORY AGREEMENT
THIS REGULATORY AGREEMENT (the "Agreement") is entered into as of
February 19, 2008, by and between the SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and SEASONS
SENIOR APARTMENTS 11, L.P., a California limited partnership (Owner").
RECITALS
A. Owner has acquired from Agency certain real property located within the City of San
Juan Capistrano, as particularly described in the Legal Description attached hereto as Exhibit A,
which is incorporated herein by reference (the "Site").
B. Owner desires to construct a thirty-eight (38) unit multifamily affordable senior
housing development on the Site (the "Housing Project"), and to make available and rent the
apartment units within the Housing Project (the "Housing Units') for low and very low income
persons at an affordable rent.
C. Owner and Agency have entered into a Disposition and Development Agreement (the
"DDA") dated as of November 7, 2006, as amended by that certain First Amendment to Disposition
and Development Agreement dated as of February 19, 2008. Subject to the terms and conditions
therein, the Owner has agreed to acquire the Site and construct and operate the Housing Project, the
Agency has agreed to provide financial assistance to Owner, and the Owner has agreed to make
available and lease twenty-eight (28) of the Housing Units to Very Low Income Households, and ten
(10) of the Housing Units to Lower Income Households, all at an Affordable Rent (as those terms are
defined herein). The execution and recording of this Agreement is a requirement of the DDA.
NOW, THEREFORE, the parties hereto agree as follows:
1. Number of Affordable Units. Owner agrees to make available, restrict occupancy
to, and rent twenty-eight (28) of the Housing Units to Very Low Income Households, and ten (10) of
the Housing Units to Lower Income Households, all at an Affordable Rent. One of the Housing
Units may be reserved for the on-site property manager, provided that such property manager meets
the income requirements provided for such unit.
DOCSOC / 1261995v5/022299-0081
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2. Duration of Affordability Requirements. The Housing Units shall be subject to the
requirements of this Agreement for fifty-five (55) years from the date of the City's issuance of a final
certificate of occupancy for the Housing Project. The duration of this requirement shall be known as
the "Affordability Period."
3. Selection of Tenants. Owner shall be responsible for the selection of tenants for the
Housing Units in compliance with lawful and reasonable criteria, as set forth in the Regulatory
Agreement and the Management Plan which is required to be submitted and approved by the Agency
pursuant to Section 10 hereof.
4. Household Income Requirements. Following the initial lease -up of the Housing
Units, and annually thereafter, the Owner shall submit to Agency, at Owner's expense, a summary of
the income, household size and rent payable by each of the tenants of the Housing Units. At the
Agency's request, the Owner shall also provide to the Agency completed income computation and
certification forms, in a form reasonably acceptable to the Agency, for any such tenant or tenants.
Owner shall obtain, or shall cause to be obtained by the Property Manager, a certification from each
household leasing an Affordable Unit demonstrating that such household is a Very Low Income
Household or Lower Income Household, as applicable, and meets the eligibility requirements
established for the Housing Unit. Owner shall verify, or shall cause to be verified by the Property
Manager, the income certification of the household.
5. Affordable Rent. The maximum Monthly Rent chargeable for the Affordable Units
shall be annually determined in accordance with the following requirements. The Monthly Rent for
the Affordable Units to be rented to Very Low Income Households shall not exceed one -twelfth
(1/12) of thirty percent (30%) of fifty percent (50%) of Orange County Median Income for a family
of a size appropriate to the unit. The Monthly Rent for the Affordable Units to be rented to Lower
Income Households shall not exceed one -twelfth (1/12) of thirty percent (30%) of sixty percent
(60%) of Orange County Median Income for a family of a size appropriate to the unit.
For purposes of this Agreement, "Monthly Rent" means the total of monthly payments for
(a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any
separately charged fees or service charges assessed by the Owner which are required of all tenants,
other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities
not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other
heating, cooking and refrigeration fuels, but not including telephone service, and (d) possessory
interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith
by a public or private entity other than Owner. In the event that all utility charges are paid by the
landlord rather than the tenant, no utility allowance shall be deducted from the rent.
For purposes of this Agreement, "family of a size appropriate to the unit" means two parsons
for a one -bedroom unit, and three persons for a two-bedroom unit.
6. Marketing Program. Each Affordable Unit shall be leased to tenants selected by the
Owner who meet all of the requirements provided herein. Owner shall prepare and obtain Agency's
approval, which approval shall not be unreasonably withheld, of a marketing program for the leasing
of the Affordable Units at the Housing Project (the "Marketing Program"). The Marketing Program
shall require the Owner to give priority notice to tenants of other affordable housing projects in the
City. The leasing of the Affordable Units shall thereafter be marketed in accordance with the
Marketing Program as the same may be amended from time to time with Agency's prior written
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approval, which approval shall not unreasonably be withheld. Owner shall provide Agency with
periodic reports with respect to the leasing of the Affordable Units. The Agency agrees to exercise
reasonable efforts to assist Owner in connection with the implementation of the Marketing Program;
provided, however, Agency shall not be under any obligation to incur any out-of-pocket expenses in
connection therewith.
7. Design and Occupancy of Senior Units. Owner shall restrict occupancy of all
Housing Units to "Senior Citizens" and "Qualified Permanent Residents" (as those terms are or may
be defined in California Civil Code Section 51.3). California Civil Code Section 51.3 presently
provides as follows: At least one person in residence in each dwelling unit must be a Senior Citizen,
and other residents in the same dwelling unit who are not Senior Citizens must be Qualified
Permanent Residents. Temporary guests of a Senior Citizen or Qualified Permanent Resident shall
be allowed for a period of not more than sixty (60) days in any twelve (12) month period. Upon the
death, dissolution of marriage, hospitalization or other prolonged absence of the Senior Citizen in a
dwelling unit, any Qualified Permanent Resident who has continuously resided in the dwelling unit
with such Senior Citizen shall be permitted to continue as a resident of that dwelling unit. "Permitted
Health Care Residents (as that term is or may be defined in California Civil Code Section 51.3) shall
be permitted to occupy any dwelling unit during any period that such person is actually providing
live in, long term or hospice health care to a Senior Citizen tenant or Qualified Permanent Resident
tenant for compensation. Notwithstanding the foregoing, however, in the event that the Owner in its
sole discretion elects to provide one of the Housing Units for residency by an on-site manager, the
manager's unit shall not be required by this Agreement to be restricted to Senior Citizens and
Qualified Permanent Residents.
8. Relationship to Tax Credit Requirements. Notwithstanding any other provisions
of this Agreement, to the extent that the regulatory agreement executed by the Owner as a
requirement of receiving the Tax Credits (the "Tax Credit Regulatory Agreement") is less restrictive
with respect to the requirements applicable to tenant selection, tenant income levels and unit rent
levels than as provided in this Agreement and the DDA, this Agreement and the DDA shall control.
9. Maintenance. The Owner shall maintain the Housing Project or cause it to be
maintained in a decent, safe and sanitary manner, and in accordance with the standard of
maintenance of first class senior apartment units within Orange County, California. If at any time
Owner fails to maintain the Housing Project in accordance with this Agreement and such condition is
not corrected within five days after written notice from the Agency with respect to graffiti, debris,
and waste material, or thirty days after written notice from the Agency with respect to general
maintenance, landscaping and building improvements, then the Agency, in addition to whatever
remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the
Housing Project and perform all acts and work necessary to protect, maintain, and preserve the
Housing Project, and to attach a lien upon the Housing Project, or to assess the Housing Project, in
the amount of the expenditures arising from such acts and work of protection, maintenance, and
preservation by the Agency and/or costs of such cure, including a reasonable administrative charge,
which amount shall be promptly paid by Owner to the Agency upon demand.
10. Management Plan; Property Management. The Owner shall submit for the
reasonable approval of the Agency a "Management Plan" which sets forth in detail the Owner's
property management duties, a tenant selection process in accordance with Section 6 hereof, a
security system and crime prevention program, the procedures for the collection of rent, the
procedures for eviction of tenants, the rules and regulations of the Housing Project and manner of
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enforcement, a standard lease form, an operating budget, the identity of the manager of the Housing
Project (the "Property Manager"), the social services program to be provided pursuant to Section 13
hereof, and other matters relevant to the management of the Housing Project. The Management Plan
shall require the Owner to adhere to a fair lease and grievance procedure and provide a plan for
tenant participation in management decisions. The management of the Housing Project shall be in
compliance with the Management Plan which is approved by the Agency.
If the Agency determines that the performance of the Property Manager is deficient based
upon the standards set forth in the Management Plan and in this Agreement, the Agency shall provide
notice to the Owner of such deficiencies, and the Owner shall use its best efforts to correct such
deficiencies. In the event that such deficiencies have not been cured within the time set forth in
Section 701 of the DDA, the Agency shall have the right to require the Owner to immediately
remove and replace the Property Manager with another property manager or property management
company which is reasonably acceptable to the Agency, which is not related to or affiliated with the
Owner, and which has not less than five (5) years experience in property management, including
significant experience managing housing facilities of the size, quality and scope of the Housing
Project.
11. Capital Reserve Requirements. The Owner shall also, or cause the Property
Manager to, annually set aside an amount of Two Hundred Fifty Dollars ($250) per Housing Unit (or
such larger amount as may be required by TCAC or a Housing Project lender), from the gross rents
received from the Housing Project, into a separate interest-bearing trust account in the name of the
Owner (the "Capital Replacement Reserve"); provided, however, to the extent the Owner is required
by any lender to maintain a separate account to hold deposits for capital reserves, the amount of such
deposits shall be credited towards Owner's obligations under this section. Such amount shall be
adjusted annually by the Consumer Price Index (or such larger amount as may be required by TCAC
or a Housing Project lender). Funds in the Capital Replacement Reserve shall be used for capital
replacements to the Housing Project fixtures and equipment which are normally capitalized under
generally accepted accounting principles. The non-availability of funds in the Capital Replacement
Reserve does not in any manner relieve the Owner of the obligation to undertake necessary capital
repairs and improvements and to continue to maintain the Housing Project in the manner prescribed
herein. Not less than once per year, Owner, at its expense, shall submit to the Agency an accounting
for the Capital Replacement Reserve. Capital repairs to and replacement of the Housing Project shall
include only those items with a long useful life, including without limitation the following: carpet
and drape replacement; appliance replacement; exterior painting, including exterior trim; hot water
heater replacement; plumbing fixtures replacement, including tubs and showers, toilets, lavatories,
sinks, faucets; air conditioning and heating replacement; asphalt repair and replacement, and seal
coating; roofing repair and replacement; landscape tree replacement; irrigation pipe and controls
replacement; gas line pipe replacement; lighting fixture replacement; elevator replacement and
upgrade work; miscellaneous motors and blowers; common area furniture replacement; common area
repainting, and uninsured losses due to casualties such as earthquakes.
12. Operating Budget and Reserve. The Owner shall submit to Agency on not less
than an annual basis an operating budget for the Housing Project, which budget shall be subject to
the written approval of the Agency Executive Director or designee, which approval shall not be
unreasonably withheld, conditioned or delayed. The Owner shall, or shall cause the Property
Manager to, set aside in a separate interest-bearing trust account in the Owner's name, commencing
upon the rental of the Housing Units, the sum of Seventy -One Thousand Dollars ($71,000), or such
larger amount as may be required by TCAC or a Housing Project lender (the "Operating Reserve"),
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and shall make further deposits from the Annual Project Revenue, to the extent available, to replenish
the Operating Reserve to the amount existing in such account prior to the withdrawal of funds;
provided, however, to the extent the Owner is required by any lender to maintain a separate account
to hold deposits for operating reserves, the amount of such deposits shall be credited towards
Owner's obligations under this section. Such amount shall be retained in the Operating Reserve to
cover shortfalls between Housing Project income and actual operating expenses, and emergency
expenses (such as uninsured casualties), but shall in no event be used to pay for capital items
properly payable from the Capital Replacement Reserve. Owner shall, not less than once per every
twelve (12) months, submit to the Agency evidence reasonably satisfactory to the Agency of
compliance herewith.
13. Social Services. At all times during the Affordability Period, Owner shall provide,
or cause to be provided, activities and programs appropriate to the needs of the residents of the
Housing Project, with the selection of such activities and programs to be determined by Owner in
collaboration with the residents of the Housing Project and the adjacent senior housing development
owned by an affiliate of the Owner. The specific types of social services to be provided shall be
submitted to and approved by the Agency, and may be revised with the prior approval of the Agency,
which approval shall not be unreasonably withheld.
14. Prohibited Uses. None of the Housing Units in the Housing Project shall at any time
be utilized on a transient basis, nor shall the Housing Project or any portion thereof ever be used as a
hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home,
sanitarium or rest home.
15. Non Discrimination Covenants. Owner covenants by and for itself, its successors
and assigns, and all persons claiming under or through them that there shall be no discrimination
against or segregation of, any person or group of persons on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in
Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and
Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming
under or through him or her, establish or permit any practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall
run with the land. The Owner shall refrain from restricting the rental, sale or lease of the Housing
Project on any of the bases listed above. All such deeds, leases or contracts shall contain or be
subject to substantially the following nondiscrimination or nonsegregation clauses:
(i) In deeds: "The grantee herein covenants by and for himself or herself, his or
her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons on account
of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases
are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer,
use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any
person claiming under or through him or her, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing
covenants shall run with the land."
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(ii) In leases: "The lessee herein covenants by and for himself or herself, his or
her heirs, executors, administrators, and assigns, and all persons claiming under or through him or
her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person or
group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in
the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person claiming under or through him or her,
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, sublessees, subtenants, or
vendees in the premises herein leased."
(iii) In contracts: "There shall be no discrimination against or segregation of, any
person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of
the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the
subject of this Agreement, nor shall the grantee or any person claiming under or through him or her,
establish or permit any practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees
in the premises herein conveyed. The foregoing covenants shall run with the land."
The covenants established in this Section 15 shall, without regard to technical classification
and designation, be binding for the benefit and in favor of the Agency and its successors and assigns,
and shall remain in effect in perpetuity.
16. Monitoring and Recordkeeping. Throughout the Affordability Period, Owner shall
comply with all applicable recordkeeping and monitoring requirements set forth in Health and Safety
Code Section 33418 and shall annually complete and submit to Agency a report, prior to April 15 of
each year, which includes the name, address, income and age of each occupant of an Affordable
Unit, identifying the bedroom count and Monthly Rent for such Affordable Unit. Agency agrees that
the Owner may submit reporting forms prepared and submitted in connection with the Tax Credits, to
the extent those forms contain the information required hereunder. Representatives of the Agency
shall be entitled to enter the Housing Project, upon at least seventy-two (72) hours prior written
notice, to monitor compliance with this Agreement, to inspect the records of the Housing Project, and
to conduct an independent audit or inspection of such records. The Owner agrees to cooperate with
the Agency in making the Housing Project available for such inspection or audit. Owner agrees to
maintain records in businesslike manner, and to maintain such records for the term of this
Agreement.
17. Compliance With Laws and DDA. The Owner shall carry out the design,
development and operation of the Housing Project in conformity with the DDA and all applicable
laws, including all applicable state labor standards, City zoning and development standards, building,
plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and
all applicable disabled and handicapped access requirements, including without limitation the
Americans With Disabilities Act, 42 U.S.C. Section 12101, et seg., Government Code Section 4450,
DOCSOC/ 1261995 v5/022299-0081
et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section
51, et seq.
18. Duty to Prevent Hazardous Material Contamination. During the development
and operation of the Housing Project, the Owner shall take all necessary precautions to prevent the
release of any Hazardous Materials into the environment on or under the Site. Such precautions shall
include compliance with all Governmental Requirements with respect to Hazardous Materials. The
Owner shall notify the Agency, and provide to the Agency a copy or copies, of any notices of
violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist
orders, reports filed pursuant to self -reporting requirements and reports filed or applications made
pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks,
and the Owner shall report to the Agency, as soon as possible after each incident, any unusual,
potentially important incidents in the event of a release of any Hazardous Materials into the
environment.
For purposes of this Section 18, "Governmental Requirements" shall mean all laws,
ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the
county, the City, or any other political subdivision in which the Housing Project is located, and of
any other political subdivision, agency or instrumentality exercising jurisdiction over the Agency, the
Owner or the Housing Project.
For purposes of this Section 18, "Hazardous Materials" means any substance, material, or
waste which is or becomes, regulated by any local governmental authority, the State of California, or
the United States Government, including, but not limited to, any material or substance which is (i)
defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under
Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and
Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous
substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health
and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and
Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)
petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether,
(ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11
of Title 22 of the California Code of Regulations, Division 4, Chapter 20, (x) designated as
"hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (xi)
defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery
Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xii) defined as "hazardous substances" pursuant
to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42
U.S.C. §§9601, et seq. Notwithstanding the foregoing, "Hazardous Materials" shall not include such
products in quantities as are customarily used in the construction, maintenance, Rehabilitation or
management of residential developments or associated buildings and grounds, or typically used in
residential activities in a manner typical of other comparable residential developments, or substances
commonly ingested by a significant population living within the Housing Project, including without
limitation alcohol, aspirin, tobacco and saccharine.
DOCSOC/ 1261995v5/022299-0081
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19. Successors and Assigns. This Agreement shall run with the land, and all of the
terms, covenants and conditions of this Agreement shall be binding upon the Owner and the Agency
and the permitted successors and assigns of the Owner and the Agency. Whenever the term
"Owner," or "Agency" is used in this Agreement, such term shall include any other successors and
assigns as herein provided.
20. No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the Agency and its successors and assigns, and Owner and its successors
and assigns, and no other person or persons shall have any right of action hereon.
21. Partial Invalidity. If any provision of this Agreement shall be declared invalid,
illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof
shall not in any way be affected or impaired.
22. Governing Law. This Agreement and the documents and other instruments given
pursuant hereto shall be construed in accordance with and be governed by the laws of the State of
California. Any references herein to particular statutes or regulations shall be deemed to refer to
successor statutes or regulations, or amendments thereto.
23. Amendment. This Agreement may not be changed orally, but only by agreement in
writing signed by Owner and the Agency.
IN WITNESS WHEREOF, the parties hereto have executed this Regulatory Agreement
effective as of the date and year set forth above.
DEVELOPER:
SEASONS SENIOR APARTMENTS II, L.P., a
California limited partnership
By: LINC Housing Corporation, a California
nonprofit public benefit corporation, its
Managing General Partner
By:
Name:Johnson
Its: President and Chief Executive Officer
By: Affordable Multi -Family, LLC, a Colorado
limited liability Company, its Administrative
General Partner
By:
Thomas Erickson,
Senior Vice President
(Signatures continue on following page.]
DOC SOC/ 1261995v 5/022299-0081
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[Signatures continue from previous page.]
AGENCY:
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body,
corporate and politic
Dave Adams, Executive Director
ATTEST:
V
R. Monahan, Agency Secretary
AS TO FORM:
V
%wQ
Stradling Yocca Carlson & Rauth
Agency Special Counsel
9
DOCS00 1261995 v5/022299-0081
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
That real property located in the State of California, County of Orange, City of San Juan
Capistrano, and described as follows:
Parcel 17 of Parcel Map No. 79-856, in the City of San Juan Capistrano,
County of Orange, State of California, as shown on a map filed in Book 143,
Pages 1 through 8, inclusive, of Parcel Maps and as amended by that certain
amended map filed in Book 176, Pages 1 through 8 inclusive of Parcel Maps,
in the office of the County Recorder of said County.
EXHIBIT A
DOCSOC/ 1261995 v5/022299-0081
C
STATE OF CALIFORNIA )
ss.
COUNTY OF
C�
On Fe -b13 200 before me, Xrn'ZA-AC4y+ '14.Dava , Notary Public,
(Print Name of Notary Public)
personally appeared #1'4ass Jok.rsry,
who proved to me on the basis of satisfactory evidence to be the person whose names/ga-
subscribed to the within instrument and acknowledged to me that he/they executed the same
in his/bet/tbeit'authorized capacityf} ,, and that by his/Ijwltly�it signatureKon the instrument the
persott,(<or the entity upon behalf of which the personj(facted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
EU7ABETHA. DAV6
COIa\NssIM 4111 41M
Nowry Pubae - Cam"10
CRANOE CCU/lY
My Ca , EipaaNq. L. 71111
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ Individual
pK Corporate Officer
�rrt,'v�e.rr�- 4- GEv
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attomey-In-Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
S49so nls 'SeK iN-io.w�mc.r�s
DOCSOC/ 1261995v5/022299-0081
DESCRIPTION OF ATTACHED DOCUMENT
Y p9 u �a �'f r-+flYtt/NE�Y" w R DfI
THM Or pe Of Document
Number
Date Of Documents
Signer(s) Other Than Named Above
3 CIV� A fil
9
0
STATE OF CALIFORNIA )
ss.
COUNTY OF t'e- • E)� �C_S )
On �1��✓LIl�V 20� before me, lur-' hl— Notary Public,
(Print Name of Notary PubliZI
personally appeared / YI was G.
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/are
subscribed to the within instrument and acknowledged to me that he/she4hey executed the same
in hisihef4hck authorized capacity(ies), and that by his/hefAheir signatureW on the instrument the
person(&), or the entity upon behalf of which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
ou" C. WRIGM
Commission • 1745521
Notary Public - Callfornla
Lot Angeles County
M/Comm(7pwJu 11&,2011
WITNESS my hand and official seal.
/r✓R'711e (l. 11
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
❑ Partner(s) ❑ Limited
❑ General
E
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entdy(ies)
DOC SOC/ 1261995 v5/022299-0081
DESCRIPTION OF ATTACHED DOCUMENT
Title Or Type Of Document
Number Of Pages
Date
Signer(s) Other Than Named Above
- - - - - - - - - - - - - - - - -
SEdf"
0 0
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 118 1)
On February 12, 2008, before me, Margaret R. Monahan, Agency Secretary, personally appeared
David F. Adams, who proved to me on the basis of satisfactory evidence to the be person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
WITNESS my hand and,offlbal
OPTIONAL
Capacity Claimed by Signers
Officer title
Executive Director
Signers are Representing
San Juan Capistrano, Community
Redevelopment Agency
Description of Attached Document
Title or Type of Document
Regulatory Agreement