HomeMy WebLinkAboutR34- Economic Development r_
CITY OF SAN BERNARDINO ORIGINAL ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A.Marzullo SUBJECT: California Housing Foundation, Inc., a non-
Interim Executive Director profit 501(c)(3)Organization-Amendment No.2
to the 2008 Low and Moderate Income Housing
Funds Loan and Grant Property Acquisition
DATE: March 10,2011 Agreement
Synopsis of Previous Commission/Council/Committee Action(s):
On January 27, 2011, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend
that the Community Development Commission consider this action for approval.
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Recommended Motion(s):
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute
Amendment No. 2 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition
Agreement by and between the Agency and California Housing Foundation,Inc.
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Contact Person(s): Musibau Arogundade Phone: (909)663-1044
Project Area(s): N/A Ward(s): 5th
Supporting Data Attached: 0 Staff Report 0 Resolution(s)El Agreement(s)/Contract(s) ❑Map(s)❑Letter(s)
FUNDING REQUIREMENTS: Amount: $ 150,000 Source: Agency's Housing Set-Aside Fund
Budget Authority: 2010 Agency Budget
fe ��
Signature: Fiscal Review:
Emil arzu ter' xecutive Director Lori Panzino- it ry, Chief Financial Officer
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Commission/Council Notes: QvrO Lllie-
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P:\Agendas\Comm Dev Commission\CDC 2011\03-21-11 California Housing Foundation Project-Amendment No.2 SR.doc COMMISSION MEETING AGENDA
Meeting Date: 03/21/2011
Agenda Item Number: P--3q
N
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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CALIFORNIA HOUSING FOUNDATION,INC.,A NON-PROFIT 501(C)(3) ORGANIZATION-
AMENDMENT NO. 2 TO THE 2008 LOW AND MODERATE INCOME HOUSING FUNDS
LOAN AND GRANT PROPERTY ACQUISITION AGREEMENT
BACKGROUND:
California Housing Foundation, Inc. (the "Project Sponsor"),was established in 1998. The Project Sponsor
is a California non-profit, public benefit corporation with a 501(c)(3) tax exemption affiliated with the
Inland Regional Center ("IRC") located in San Bernardino on Waterman Avenue. The Project Sponsor is
located in Redlands, and their mission is to acquire, develop and/or rehabilitate single-family homes for the
benefit of developmentally disabled adults who are presently living in substandard housing or with family
members who struggle with meeting the daily needs of these individuals.
Not counting its recently acquired San Bernardino properties, the Project Sponsor currently owns and
leases 14 homes in the cities of Redlands, Palm Desert, Beaumont, Hemet, Perris and Apple Valley. Based
on a review of photographs and discussions with representatives of the IRC, all appear to be operating
appropriately and are very well maintained.
On November 3, 2008, the Community Development Commission of the City of San Bernardino
("Commission") approved the 2008 Low and Moderate Income Housing Funds Loan and Grant Property
Acquisition Agreement ("Agreement") for the 2 properties located at 6728 North Ofelia Drive and 6495
North Jordan Lane in the City of San Bernardino ("City"). Since the approval of the Agreement, the
Project Sponsor has closed escrow and acquired the properties located at 6728 North Ofelia Drive, 6495
North Jordan Lane and 3333 West Elisabeth Avenue. All properties have been rehabilitated and currently
occupied by a total of twelve (12)developmentally disabled adults.
The Redevelopment Agency of the City of San Bernardino's ("Agency") 55-year Covenant Conditions and
Restrictions (CC&R) and Deeds of Trust securing Agency loans are recorded on each property. All three
(3) properties have been added to the Agency affordable housing inventory to address the housing needs
identified in the approved Housing Implementation Plan and the General Plan housing element.
On July 26, 2010, the Agency received a request for financial assistance from the Project Sponsor for the
acquisition of another property. Specifically, the request was for funding support to acquire the property at
3003 Muir Mountain Way in the City's 5t' Ward (See Attachment 1). Once acquired, the home will be
refurbished, landscaped and equipped with furniture to provide permanent housing for developmentally
disabled adults (the "Project"). The Project Sponsor has a Certificate of Exemption from the City Business
License for each property as owned an exempt non-profit(See Attachment 2).
CURRENT ISSUE:
Based on a review of the profonna for the 3003 Muir Mountain Way property, the Project Sponsor
submitted an offer to acquire the property for the appraised value of $305,000 which is well below the
original March 22, 2007 purchase price of $528,000 paid by the current owner. An additional $75,000
would be used to refurbish, landscape, install new furniture, create a maintenance reserve and to pay for
escrow expenses. This will result in a total project cost of $380,000. With private capital provided by
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P:\Agendas\CommDevConimission\CDC 2011\03-21-11 California Housing Foundation Project-Amendment No.2 SR.doc COMMISSION MEETING AGENDA
Meeting Date: 03/21/2011
Agenda Item Number:
Economic Development Agency Staff Report
California Housing Foundation Project—Amendment No. 2
Page 2
Guild Mortgage in the amount of $230,000, a gap of $150,000 exists which the Project Sponsor is
requesting the Agency to fill. The Project Sponsor will be applying for and receiving a Certificate of
Exemption from the City Business License as an exempt non-profit on this property also.
At the January 27, 2011, Redevelopment Committee meeting, Committee members requested Agency staff
(i) to provide certain information on previously approved similar projects of the Project Sponsor; confirm
that the residents of the units are from the City; (ii) provide project opportunity cost options as what other
alterative housing projects could have been undertaken with the same dollar amounts; and (iii) request a
representative of CHF to attend the Commission meeting. The table below and Attachment 3, shows
previously approved similar projects undertaken by the Project Sponsor with Agency assistance and the
proposed project at 3003 Muir Mountain Way that is the subject of this current request:
Date Address Unit Project Cost CHF/Private Agency
Size Funds Gap Funds
Nov. 3, 2008 6728 N. Ofelia Drive 4 $525,000 $325,000 $200,000
Nov. 3, 2008 6495 Jordan Lane 4 $535,000 $335,000 $200,000
Mar. 15, 2010 3333 E. Elisabeth Avenue 4 $398,500 $248,500 $150,000
Jan. 17,2011 3003 Muir Mt. Way 4 $380,000 $230,000 $150,000
According to CHF representative, Mr. Steve Von Rajcs, all residents are from the City of San Bernardino.
As to the project opportunity cost issue and a comparison of the use of Agency funds for this project of the
Project Sponsor and the currently requested Agency assistance of$150,000, the Project Sponsor is able to
provide housing assistance to 4 residents at a cost of$37,000 per resident with Agency funds as compared
to what would be a cost of$65,000 per person for a one bedroom unit in an apartment complex. Mr. Steve
Von Rajcs, CHF President/CEO will attend the meeting and answer Commission member's questions.
ENVIRONMENTAL IMPACT:
The property acquisition and rehabilitation request is exempt under the California Environmental Quality
Act ("CEQA") per Public Resource Code 21080.14, because the action is related to the use of low income
housing unit in an urban area.
FISCAL IMPACT:
An amount up to $150,000 would be used from the Agency's Housing Set-Aside Fund to finance the
Project. Agency funds will be secured by a Deed of Trust and a Promissory Note and a 55-year
affordability covenant will be recorded on the property.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
ZA-4 __1
Emil A.Marzullo,I teri Executive Director
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P:\Agendas\Comm Dev Commission\CDC 2011\03-21-11 California Housing Foundation Project-Amendment No.2 SR.doc COMMISSION MEETING AGENDA
Meeting Date: 03/y2�1/20011
Agenda Item Number: /L3 Ll
ATTACHMENT 1
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ATTACHMENT 2
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CITY OF SAN BERNARDINO
CERTIFICATE OF EXEMPTION
LADED 1
I hereby acknowledge that the application was made before me on the 10 day of
AUGUST, 2010, by CALIFORNIA HOUSING FOUNDATION. to be exempt
from payment of Business Registration Tax and that all necessary documents were
provided to the City Clerk's Office of the City of San Bernardino to complete the
exemption.
This organization, therefore, is now exempt from payment of Business Registration
Tax pursuant to San Bernardino Municipal Code § 5.04.630 with the following
provisions:
Said exemption is approved for the business or activity of
COMMERCIAL PROPERTY RENTAL
Located at: 1365 N WATERMAN AVE.
For the Period: 08/01/2010 TO 7/31/2011
It shall be unlawful for the holder of the above exemption or their
representative(s) to conduct an activity in the City of San Bernardino,
which violates any Municipal Code Provision. An example of illegal
activity includes, but is not limited to, the sale of or accepting donations
for any tangible item(s) when this operation is carried on from street
corners, vacant lots, public rights-of-ways or from any unenclosed
temporary structures.
This Exemption Certificate must be available to any law enforcement personnel or
member of the general public to observe at the site(s) where the activity is performed.
This document is valid only if the San Bernardino City Seal is embossed over the City
Clerk's Signature. Photocopies are not valid.
Dated: 08/10/2010
Ci ty Clerk U U
Account Number: 935036
form#EX000209
CITY OF SAN BERNARDINO
CERTIFICATE OF EXEMPTION
I hereby acknowledge that the application was made before me on the 10 day of
AUGUST, 2010, by CALIFORNIA ROUSING FOUNDATION. to be exempt
from payment of Business Registration Tax and that all necessary documents were
provided to the City Clerk's Office of the City of San Bernardino to complete the
exemption.
This organization, therefore, is now exempt from payment of Business Registration
Tax pursuant to San Bernardino Municipal Code § 5.04.630 with the following
provisions:
Said exemption is approved for the business or activity of:
RESIDENTIAL RENTAL PROPERTY
Located at: 3333 ELISABETH AVE
For the Period: 08/01/2010 TO 7/31/2011
It shall be unlawful for the holder of the above exemption or their
representative(s) to conduct an activity in the City of San Bernardino,
which violates any Municipal Code Provision. An example of illegal
activity includes, but is not limited to, the sale of or accepting donations
for any tangible items) when this operation is carried on from street
corners, vacant lots, public rights-of-ways or from any unenclosed
temporary structures.
This Exemption Certificate must be available to any law enforcement personnel or
member of the general public to observe at the site(s) where the activity is performed.
This document is valid only if the San Bernardino City Seal is embossed over the City
Clerk's Signature. Photocopies are not valid.
Dated: 08/10/2010
City Clerk J
Account Number: 935035
form k EX000209
CITY OF SAN BERNARDINO
CERTIFICATE OF EXEMPTION
'QFD
I hereby acknowledge that the application was made before me on the 10 day of
AUGUST, 2010, by CALIFORNIA HOUSING FOUNDATION. to be exempt
from payment of Business Registration Tax and that all necessary documents were
provided to the City Clerk's Office of the City of San Bernardino to complete the
exemption.
This organization, therefore, is now exempt from payment of Business Registration
Tax pursuant to San Bernardino Municipal Code § 5.04.630 with the following
provisions:
Said exemption is approved for the business or activity of-
RESIDENTIAL RENTAL PROPERTY
Located at: 6495 N JORDAN LN
For the Period: 08/01/2010 TO 7/31/2011
It shall be unlawful for the holder of the above exemption or their
representative(s) to conduct an activity in the City of San Bernardino,
which violates any Municipal Code Provision. An example of illegal
activity includes, but is not limited to, the sale of or accepting donations
for any tangible items) when this operation is carried on from street
corners, vacant lots, public rights-of-ways or from any unenclosed
temporary structures.
This Exemption Certificate must be available to any law enforcement personnel or
member of the general public to observe at the site(s) where the activity is performed.
This document is valid only if the San Bernardino City Seal is embossed over the City
Clerk's Signature. Photocopies are not valid.
Dated: 08/10/2010
City Clem C
Account Number: 935034
form#EX000209
o -
CITY OF SAN BERNARDINO
CERTIFICATE OF EXEMPTION
HD£b IN
I hereby acknowledge that the application was made before me on the 10 day of
AUGUST 2010 by CALIFORNIA HOUSING FOUNDATION. to be exempt
from payment of Business Registration Tax and that all necessary documents were
provided to the City Clerk's Office of the City of San Bernardino to complete the
exemption.
This organization, therefore, is now exempt from payment of Business Registration
Tax pursuant to San Bernardino Municipal Code § 5.04.630 with the following
provisions:
Said exemption is approved for the business or activity of:
RESIDENTIAL RENTAL PROPERTY
Located at: 6728 N OFELIA DR
For the Period: 08/01/2010 TO 7/31/2011
It shall be unlawful for the holder of the above exemption or their
representative(s) to conduct an activity in the City of San Bernardino,
which violates any Municipal Code Provision. An example of illegal
activity includes, but is not limited to, the sale of or accepting donations
for any tangible item(s) when this operation is carried on from street
corners, vacant lots, public rights-of-ways or from any unenclosed
temporary structures.
This Exemption Certificate must be available to any law enforcement personnel or
member of the general public to observe at the site(s) where the activity is performed.
This document is valid only if the San Bernardino City Seal is embossed over the City
Clerk's Signature. Photocopies are not valid.
Dated: 08/09/2010
City dle'rk v ��
rQrm a Ex000209
Account Number: 935033
1 RESOLUTION NO.
Q ®
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
3 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE
AMENDMENT NO. 2 TO THE 2008 LOW AND MODERATE INCOME
5 HOUSING FUNDS LOAN AND GRANT PROPERTY ACQUISITION
AGREEMENT BY AND BETWEEN THE AGENCY AND CALIFORNIA
6 HOUSING FOUNDATION, INC.
7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
8 public body, corporate and politic, organized and existing under California Community
9 Redevelopment Law(the "CRL"), as found at Health and Safety Code section 33000, et seq.; and
10 WHEREAS, the Community Development Commission of the City of San Bernardino (the
11 "Commission") is the governing board of the Agency; and
12 WHEREAS, California Housing Foundation, Inc. ("CHF"), was formed in 1998 and
�- 13 incorporated within the State of California as a non-profit organization with the mission of acquiring
14 and leasing residential properties to licensed operators of facilities that house and care for
15 developmentally disabled adults; and
16 WHEREAS, on November 3, 2008, the Commission approved the 2008 Low and Moderate
17 Income Housing Funds Loan and Grant Property Acquisition Agreement ("2008 Agreement") for
18 the acquisition of the properties located at 6538 and 6495 North Jordan Lane residences; and
19 WHEREAS, on March 15, 2010, the Commission approved Amendment No. 1 to the 2008
20 Agreement for the acquisition of the property located at 3333 West Elisabeth Avenue, within the
21 City of San Bernardino; and
22 WHEREAS, CHF has rehabilitated the above referenced properties and are fully occupied
23 by four disabled individuals per property for a total of twelve disabled individuals; and
24 WHEREAS, on July 26, 2010, the Agency received a request for financial assistance from
25 CHF to acquire the property located at 3003 Muir Mountain Way(the "Property"); and
26 WHEREAS, the property is appraised for $305,000, CHF will rehabilitate the property with
27 $75,000 of private funds for total project cost of$380,000 and CHF has secured a private loan in
28
1
PAAo d,e\R nenlntinn a\R aenlnr:nneNnl I r.Gi..d.U;rA; A---A---.—o—n,..,..A,.....
1 the amount of$230,000 from Guild Mortgage towards the property acquisition leaving a financial
2 gap of$150,000 (the "Project"); and
3 WHEREAS, the Agency desires to assist CHF with an amount not to exceed $150,000 in
4 Low and Moderate Income Housing Funds loan and grant towards the acquisition of the Property
5 in order to further the CHF's mission of providing housing opportunities to developmentally
6 disabled adults; and
7 WHEREAS, the Agency grant and loan financial assistance will be secured with a Deed of
"s
8 Trust and a 55-year Covenant, Conditions and Restrictions recorded on the Property; and
i
3
9 WHEREAS, the Project is exempt under the California Environmental Quality Act
d
10 ("CEQA") per Public Resource Code 21080.14, because the action is related to the use of low income
j 11 housing unit in an urban area; and
i i2 WHEREAS, it is appropriate for the Commission to take action with respect to approving
13 and entering into Amendment No. 2 to the 2008 Agreement with CHF in the form as attached
14 hereto.
15 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
l
16 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
17 FOLLOWS:
18 Section 1. The Commission hereby approves the Agreement with CHF for the purpose
19 of acquiring and rehabilitating the property located at 3003 Muir Mountain Way in the City of San
20 Bernardino and hereby authorizes the Interim Executive Director of the Agency to execute
21 Amendment No. 2 to the 2008 Agreement on behalf of the Agency together with such technical and
22 conforming changes as may be recommended by the Interim Executive Director of the Agency and
23 approved by the Agency Counsel and the City Attorney.
24 Section 2. This Resolution shall take effect from and after its date of adoption by this
25 Commission.
26
27
28
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
1 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE
3 AMENDMENT NO. 2 TO THE 2008 LOW AND MODERATE INCOME
HOUSING FUNDS LOAN AND GRANT PROPERTY ACQUISITION
4 AGREEMENT BY AND BETWEEN THE AGENCY AND CALIFORNIA
5 HOUSING FOUNDATION, INC.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2011, by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
10 MARQUEZ
VACANT
11
BRINKER
12
DERRY
13
14 KELLEY
15 JOHNSON
MC CAMMACK
16
17
18 Secretary
19
20 The foregoing Resolution is hereby approved this day of 2011.
21
Patrick J. Morris, Chairperson
22 Community Development Commission
23 of the City of San Bernardino
24 Approved as to Form:
25
By: �7�- OL
26 Agency C sel
27
28
3
AMENDMENT NO. 2
TO THE 2008
LOW AND MODERATE INCOME HOUSING FUNDS LOAN
AND GRANT PROPERTY ACQUISITION AGREEMENT
BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND
CALIFORNIA HOUSING FOUNDATION, INC.
This Amendment No. 2 to the 2008 Low and Moderate Income Housing Funds Loan and Grant
Property Acquisition Agreement (this "Amendment No. 1") is entered into on March 21, 2011, by and
between the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body,
corporate and politic, and California Housing Foundation, a California non-profit public benefit
corporation (the "Developer"), and is entered into in consideration of the facts set forth in the
following Recital paragraphs:
-RECITALS-
A. The Developer and the Agency have previously entered into an agreement entitled
"2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement",
dated November 3, 2008 (the"2008 Agreement").
B. Under the 2008 Agreement, the Developer acquired and rehabilitated properties located
at 6728 North Ofelia Drive and 6495 North Jordan Lane and the property located at 3333 West
Elisabeth Avenue under Amendment No. 1 dated March 15, 2010, within the City of San Bernardino
for the benefit of individuals with developmental disabilities.
C. The Developer is desirous to acquire and rehabilitate the property located at 3003 Muir
Mountain Way, and seeking Agency assistance in providing One Hundred Fifty Thousand Dollars
($150,000) as gap financing towards the property acquisition(the"Project").
D. The Agency is desirous of assisting the Developer in the acquisition of the Project and
provides an amount not to exceed One Hundred Fifty Thousand Dollars ($150, 000) in Low and
Moderate Income Housing Funds under this Amendment No. 2 for the Project.
F. The Agency has determined that the acquisition of the property pursuant to the 2008
Agreement and this Amendment No. 1 and the fulfillment generally of the purposes of the 2008
Agreement are in the vital and best interests of the City and the Agency.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS CONTAINED HEREIN, THE AGENCY AND THE DEVELOPER AGREE AS
FOLLOWS:
1
P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\03-21-11 California Housing Foundation-Amendment No.2.docx
Section 1. References to the 2008 Agreement; Defined Terms. (a) Unless the context of
the usage of a term or phrase in this Amendment No. 2 may otherwise require, the meaning of words
and phrases as contained in this Amendment No. 2, which are indicated by an initially capitalized
letter, shall be the same as set forth in the 2008 Agreement.
(b) The information contained in the Recitals as set forth in this Amendment No. 2 is true and
correct in all respects.
Section 2. Specific Amendments to the 2008 Agreement. (a) The 2008 Agreement is
hereby amended by this Amendment No. 2 in the manner as indicated in this Section 2 and which
changes and amendments shall be effective from and after the date of approval of this Amendment No.
2 by the Developer and the Agency and execution hereof by the parties.
(b) Section 102 of the 2008 Agreement is hereby amended by adding the 3003 Muir Mountain
Way property to said Section 102 together with the appropriate update to the "Legal Description of
Sites"attached as Exhibit"A"to the 2008 Agreement.
(c) Section 402 of the 2008 Agreement is hereby amended by substituting the following chart
in place of that as is presently provided in the 2008 Agreement:
Acquisition Financing for the Sites:
Developer's Contribution $1, 138, 500
Amount of Agency Loan/Grant $ 700, 000
Total Estimated Cost $ 1, 838, 500
(d) The term "Agency Grant" as defined and as used in the 2008 Agreement shall be in an
amount equal to Seven Hundred Thousand Dollars ($700,000)pursuant to this Amendment No. 2.
Section 3. Effect of Amendment No. 2. Except as modified or amended by this
Amendment No. 2, all of the provisions of the 2008 Agreement shall remain in full force and effect
following the effective date of this Amendment No. 2.
2
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IN WITNESS WHEREOF, the parties hereto have accepted and executed this Amendment No.
1 upon the terms and conditions and with the provisions as set forth above and as of the date first
written above.
AGENCY
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
Date: By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Agency bdunol
DEVELOPER
California Housing Foundation,
a California non-profit public benefit corporation
Date: By:
Title:
3
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EXHIBIT "A"
LEGAL DESCRIPTIONS OF SITE
1) 6795 NORTH JORDAN LANE, SAN BERNARDINO, CALIFORNIA 92407
LOT 82 OF TRACT NO. 16443, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 300 OF
MAPS, AT PAGE 67 THROUGH 72 INCLUSIVE, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ONE-HALF OF ALL OIL CONTAINED IN OR WHICH MAY
BE DEVELOPED ON THE PROPERTY HEREIN CONVEYED, AS RESERVED BY
HERMAN J. MEYER AND CLARA M. MEYER, IN DEED RECORDED MAY 15, 1953, IN
BOOK 3169, PAGE 133 OF THE OFFICIAL RECORDS OF SAN BERNARDINO
COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM ALL OIL, GAS AND KINDRED SUBSTANCES
LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE
ENTRY, AS GRANTED IN THE DEED FROM RURAL LAND CO., TO NATIONAL
RESOURCES EQUITIES CORPORATION, A CALIFORNIA CORPORATION,
RECORDED OCTOBER 20, 1969, IN BOOK 7323 PAGE 356 OF OFFICIAL RECORDS.
APN: 0261-661-46-0000
2) 6728 NORTH OFELIA DRIVE, SAN BERNARDINO, CALIFORNIA 92407
LOT 32 OF TRACT NO. 16792, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 315
PAGES 43 THROUGH 45 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
APN: 0261-701-15-0000
3) 3333 WEST ELISABETH AVENUE, SAN BERNARDINO, CALIFORNIA 92407
LOT 16 OF TRACT NO. 16443, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 300 OF
MAPS, AT PAGE 67 THROUGH 72 INCLUSIVE, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ONE-HALF OF ALL OIL CONTAINED IN OR WHICH MAY
BE DEVELOPED ON THE PROPERTY HEREIN CONVEYED, AS RESERVED BY
HERMAN J. MEYER AND CLARA M. MEYER, IN DEED RECORDED MAY 15, 1953, IN
BOOK 3169, PAGE 133 OF THE OFFICIAL RECORDS OF SAN BERNARDINO
COUNTY, CALIFORNIA.
4
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ALSO EXCEPTING THEREFROM ALL OIL, GAS AND KINDRED SUBSTANCES
LYING BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE
ENTRY, AS GRANTED IN THE DEED FROM RURAL LAND CO., TO NATIONAL
RESOURCES EQUITIES CORPORATION, A CALIFORNIA CORPORATION,
RECORDED OCTOBER 20, 1969, IN BOOK 7323 PAGE 356 OF OFFICIAL RECORDS.
APN: 0261-661-16-0000
4) 3003 MUIR MOUNTAIN WAY, SAN BERNARDINO, CALIFORNIA 92407
ALL THAT CERATIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBD AS FOLLOWS:
LOT 25 OF TRACT NO. 16457, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS SHOW BY A MAP FILE IN BOOK 308,
PAGES 19 TO 22, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA.
EXCEPTING THEREFROM ONTO THE GRANTOR, ALL ANY REMAINING OIL, OIL
RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND
ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE
WITHIN OR UNDER THE PROPERTY HEREINABOVE DESCRIBED, TOGETHER WITH
THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING
THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID PROPERTY
OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM PROPERTIES OTHER THAN THOSE
HERMNABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO,
THROUGH OR ACROSS THE SURFACE OF THE PROPERTY HEREINABOVE
DISCRIBED, AND TO BOTTOM SUCH WHIPLOCK OR DIRECTIONALLY DRILLED
WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOUND THE
EXTERIOR LIMITS THEREFOR, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT,
HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, OR OPERATE
THROUGH THE SURFACE OR UNDER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY HEREINABOVE DESCRIBED.
FURTHER EXCEPTING THEREFROM UNTO THE GRANTOR, THE RIGHT TO ENTER
THE "REALTY" (DEFINED BELOW) FOR A TERM OF TWENTY- FOUR (24) MONTHS
FOLLOWING THE RECORDATION DATE OF THIS GRANT DEED, TO COMPLETE
AND REPAIR ANY IMPROVEMENTS OR LANDSCAPING LOCATED THEREON AS
DETERMINED NESSARY BY GRANTOR, IN ITS SOLE DISCRETION, IN ORDER TO
COMPLY WITH REQUIREMENTS FOR THE RECORDATION OF THE MAP, THE
GRADING OF THE REALTY, AND TO COMPLY WITH THE REQUIREMENTS OF
APPLICABLE GOVERNMENTAL AGENCIES, THE REALTY IS ALSO SUBJECT TO A
RIGHT OF ENTRY BY GRANTOR AND ITS AGENTS UNTIL THE EXPIRATION OF
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ALL APPLICABLE STATUES OF LIMITATION FOR THE FILING OF A COMPLAINT
OR SUIT OR OTHER LEGAL REMEDIES AGAINST GRANTOR IN ANY WAY
RELATING TO OR ARISING OUT OF THE DEVELOPMENT, CONSTRUCTION, SALE
AND/OR TRANSFER OF THE REALTY BY GRANTOR. SUCH ENTRY BY GRANTOR
SHALL BE PRECEDED BY RESONABLE NOTICE TO GRANTEE. IF THIS
RESERVATION OF RIGHT OF ENTRY IS NOT COMPLIED WITH BY GRANTEE,
GRANTOR MAY ENFORCE THIS RIGHT OF ENTRY IN A COURT OF LAW. GRANTEE
SHALL BE RESPONSIBLE FOR ALL DAMAGES ARISING OUT OF SAID BREACH
(E.G., REFUSING TO ALLOW SUCH ENTRY INCLUDING ATTORNEY'S FEES, COSTS
AND EXPENSES).
ALSO EXCEPTING THEREFROM,NONEXCLUSIVE EASEMENTS FOR USE, INGRESS,
EGRESS, ACCESS, ENCROACHMENTS, LANDSCAPE, MAINTENANCE, REPAIR,
DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, AS DESCRIBED AND/OR
DEPICTED IN THE "DECLARATION" (DEFINED BELOW)
PARCEL 2:
NONEXCLUSIVE EASEMENTS FOR USE, INGRESS, EGRESS, ACCESS,
MAINTENANCE, LANDSCAPE, REPAIR, DRAINAGE, ENCROACHMENTS, OR OTHER
PURPOSES, ALL AS DESCRIBED AND/OR DEPICTED IN THE "DECLARATION OF
COVENANTS, CONDITIONS AND RESERVATIONS, AND RESERVATION OF
EASEMENT FOR HILLTOP" (TRACTS 15940 AND 16457) RECORDED MARCH 15,
2006, AS INSTRUMENT NO. 2006-0176269, IN THE OFFICIAL RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA, AS SAME MAY BE AMENDED, MODIFIED
AND/OR RE-RECORDED (COLLECTIVELY REFERRED TO HEREIN AS
"DECLARATION").
APN: 0261-691-25-0-0000
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