20051206_a

REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS

THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS is made and entered into this 6th day of December, 2005 by and between the COUNTY OF SAN MATEO, hereinafter referred to as “County,” and Betty Pimentel, and Lois and Robin Baird, hereinafter referred to as “Owners.”

W I T N E S S E T H

WHEREAS, Owners’ property is located at 510 Bear Gulch Road, San Gregorio, further identified as APN 081-310-190, and Owners wish to convert one Farm Labor residential housing unit to one affordable housing unit on said property; and

WHEREAS, as a condition of approval (County File Number PLN 2000-00909) of said affordable housing units, Owners are required to and have agreed to limit the use of said units to long-term affordable housing for very low, low and/or moderate income households; and

WHEREAS, County and Owners desire to enter into an agreement which will provide for the conversion of said affordable housing units and its restriction to use as rental housing affordable to very low, low and/or moderate income households.

NOW, THEREFORE, the parties mutually agree as follows:

PART I

A.

Description of the Property

The Real Property subject to this Agreement is located in the County of San Mateo, State of California, and is more fully described in Exhibit “A,” attached hereto and by this reference made a part hereof.

The specific unit to be subject to these restrictions is a 3 -bedroom unit to be commonly known as 510 Bear Gulch Road, San Gregorio, approved by the Zoning Hearing Officer on August 4, 2005, under the following Planning Division references: PLN 2000-00909, and hereinafter referred to as “the unit.”

B.

Maintenance of Long-Term Affordability

Owners agree that the unit referred to in Part I, Paragraph A shall be restricted permanently from the date hereof in order to remain continuously affordable to very low, low and moderate income tenants. This restriction shall be binding on the Owners and any and all successors in interest.

C.

Rent Restrictions

The monthly rent for the unit shall not exceed the maximum affordable rent payment for a very low, low and/or moderate income household as determined by the County Housing Division or its successor agency. As of the date of this Regulatory Agreement, the maximum rent for a 3-bedroom unit is $2,470 [exclusive of tenant utility allowance based on calculations provided under Section 8 of the United States Housing Act of 1937 (“Section 8” or “Section 8 Program”) described further below].

D.

Tenant Requirements

The unit shall be continuously occupied by Very Low, Low or Moderate Income Tenants as defined in General Plan Housing Chapter Policy 14.5, except that the maximum income of a moderate income household occupying the unit shall not exceed 100% of the County Median Household Income as established by U.S. Department of Housing and Urban Development (HUD). As of the date of this Regulatory Agreement, the maximum income of the tenant shall not exceed the following:

Household Size

Median Income

1

66,500

2

76,000

3

85,500

4

95,000

5

102,600

6

110,200

7

117,800

For purposes of satisfying the Very Low, Low or Moderate Income Tenant occupancy requirements set forth above, a unit occupied by a person or family who at the commencement of their occupancy qualified as a Very Low, Low or Moderate Income Tenant, shall be treated as occupied by a Very Low, Low or Moderate Income Tenant until said tenant vacates the unit. All subsequent tenants must meet the moderate income guidelines at commencement of occupancy.

The Owners shall accept as tenants on the same basis as all other prospective tenants, Very Low, Low or Moderate Income Tenants who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937 or its successor, and shall not apply selection criteria to Section 8 certificate holders that are more burdensome than the criteria applied to all other prospective tenants.

Each lease pertaining to an affordable unit shall contain a provision to the effect that the Owners have relied on the income certification and supporting information supplied by the tenant in determining qualification for occupancy of the affordable unit, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease. Except for the affordable rent to be paid by a Very Low, Low or Moderate Income Tenant, the Owners shall not collect any additional fees or payments from a Low Income Tenant or Very Low Income Tenant except security deposits or other deposits or fees required of all similarly situated tenants.

E.

Income Certification

The Owners will obtain, complete, and maintain on file income certifications and verifications from each Very Low, Low or Moderate Tenant, obtained immediately prior to the initial occupancy of the restricted unit.

A copy of each such income certification obtained prior to initial occupancy shall be filed with the County prior to occupancy by the tenant whenever possible but in no event more than seven days after initial occupancy by the tenant.

The Owners shall make a good faith effort to verify that the income provided by an applicant in an income certification is accurate by taking one or more of the following steps as part of the verification process: (1) obtain a pay stub for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) conduct a credit check or similar search, (4) obtain an income verification form from the applicant’s current employer, (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of said verifications shall be made available to County upon demand.

F.

Covenants to Run with the Land

The Owners hereby subject the development (including the Development Site) to the covenants, reservations, and restrictions set forth in the Regulatory Agreement. The County and the Owners hereby declare their express intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owners’ successors in title to the development. Each and every contract, deed, or other instrument hereafter executed covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

PART II

A.

Enforcement

If the Owners default in the performance of observance of any covenants, agreement or obligation of the Owners set forth in this Regulatory Agreement, and if such default remains uncured for a period of 30 days after notice thereof shall have been given by the County, then the County shall declare an “Event of Default” to have occurred hereunder, and, at its option may take any one or more of the following steps:

1.

By injunction or other suit, action or proceeding at law or in equity, require the Owners to perform its obligations and covenants hereunder or enjoin any acts or things which may be unlawful or in violation of the rights of the County hereunder.

2.

Have access to and inspect, examine and make copies of all of the books and records of the Owners pertaining to the development.

3.

Take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and agreements of the Owners hereunder.

B.

Recording and Filing

A Memorandum of Deed Restriction referencing this Regulatory Agreement shall be recorded and filed in the real property records of the County of San Mateo, California. The Owners shall pay all fees and charges incurred in connection with any such recording. A copy of this recording shall be submitted to the County Planning Division for filing with the Planning file.

C.

Project Representation

The County and Owners hereby designate the following agents to act as project representatives in the matters dealing with the performance of work under this Agreement:

COUNTY:

Planning Director

Planning and Building Division

455 County Center, 2nd Floor

Redwood City, CA 94063

650/363-4161

OWNERS:

Betty Pimentel and Lois and Robin Baird

510 Bear Gulch Road

P.O. Box 134

San Gregorio, CA 94074

650/747-0714

D.

Interest of Public Officials

No members, officers, or employees or agents of San Mateo County, no member of the Board of Supervisors, and no other public official who exercises any function or responsibility with respect to this program during his/her tenure, or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or a related subcontract, or the proceeds thereof. Owners shall incorporate in all subcontracts hereunder a provision prohibiting such interest.

E.

Compliance with County Affirmative Action Plan

Owners shall not discriminate based on age (over 40), ancestry, creed, color, disability, marital status, medical condition (cancer related), national origin, political or religious affiliation, race, sex, sexual orientation, or union membership.

F.

Hold Harmless

The Owners shall indemnify and save harmless the County, it officers, agents, employees and servants from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person, including Owners, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to, the concurrent active or passive negligence of the County, officers, agents, or employees and servants, resulting from the performance of any work required by this Agreement of Owners, provided that this shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of the Owners to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

G.

Merger Clause

The document constitutes the sole agreement of the parties hereto relating to said project and correctly states the rights, duties, and obligations of each party as of the document’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

		COUNTY OF SAN MATEO




		By:
			President, Board of Supervisors
			San Mateo County

		Date:

ATTEST:



By:
	Clerk of the Board
		OWNERS



		By:
			Betty Pimentel

		Date:




		By:
			Lois Baird

		Date:




		By:
			Robin Baird

		Date:

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EXHIBIT “A”

DESCRIPTION

The land herein referred to is situated in the State of California, County of San Mateo, and is described as follows:

PARCEL I:

Parcel “2”, as shown on that certain map entitled “PARCEL MAP OF A PORTION OF THE SAN GREGORIO RANCHO, BEING PARCELS “C” AND “D”, AS SHOWN ON VOLUME 27 OF PARCEL MAPS AT PAGE 3, SAN MATEO RECORDS, SAN MATEO COUNTY, CALIFORNIA,” filed in the Office of the County Recorder of San Mateo County, State of California, on May 23, 1977 in Book 36 of Parcel Maps at page(s) 45 and 46.

PARCEL II:

A non-exclusive easement for ingress and egress and public utilities over a strip of land 50 feet in width, lying equally on each side of the following described centerline:

BEGINNING at a point on the Northerly line of Parcel “A” as shown on that certain map entitled “PARCEL MAP OF A PORTION OF THE SAN GREGORIO RANCHO AS DESCRIBED IN VOLUME 6033, OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 269, SAN MATEO COUNTY, CALIFORNIA,” filed in the Office of the County Recorder of San Mateo County, State of California, on January 3, 1975 in Volume 27 of Parcel Maps at page 3, distant thereon South 29º03'11" East 54.86 feet from the most Northerly corner of said Parcel "A"; running thence from said point of beginning along a line designated as “C/L Proposed 50' Easement” on the aforesaid Parcel Map the following courses: South 12º43'31" West 118.41 feet; thence South 37º45'45" East 188.01 feet; thence South 24º27'45" East 224.52 feet; thence South 35º20'15" West 137.77 feet; thence South 33º43'15" East 71.13 feet; thence South 63º25' East 103.06 feet; thence South 73º25'46" East 419.75 feet; thence South 35º17'21" East 69.93 feet; thence South 30º41'10" West 292.99 feet to the Northerly line of Parcel “D” of the aforesaid Parcel Map.

The side lines of said easement to be lengthened or shortened so as to extend from the Northerly line of Parcel “A” of said Parcel Map to the Northerly line of Parcel “D” of said Parcel Map.

EXCEPTING THEREFROM so much as lines within Parcel I above, reserving therefrom a like easement for the benefit of the remaining lands of Grantor.

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REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS


THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS is made and entered into this 6th day of December, 2005 by and between the COUNTY OF SAN MATEO, hereinafter referred to as “County,” and Betty Pimentel, and Lois and Robin Baird, hereinafter referred to as “Owners.”

W I T N E S S E T H

WHEREAS, Owners’ property is located at 510 Bear Gulch Road, San Gregorio, further identified as APN 081-310-190, and Owners wish to convert one Farm Labor residential housing unit to one affordable housing unit on said property; and

WHEREAS, as a condition of approval (County File Number PLN 2000-00909) of said affordable housing units, Owners are required to and have agreed to limit the use of said units to long-term affordable housing for very low, low and/or moderate income households; and

WHEREAS, County and Owners desire to enter into an agreement which will provide for the conversion of said affordable housing units and its restriction to use as rental housing affordable to very low, low and/or moderate income households.

NOW, THEREFORE, the parties mutually agree as follows:

PART I

A.	Description of the Property

	The Real Property subject to this Agreement is located in the County of San Mateo, State of California, and is more fully described in Exhibit “A,” attached hereto and by this reference made a part hereof.

	The specific unit to be subject to these restrictions is a 3 -bedroom unit to be commonly known as 510 Bear Gulch Road, San Gregorio, approved by the Zoning Hearing Officer on August 4, 2005, under the following Planning Division references: PLN 2000-00909, and hereinafter referred to as “the unit.”

B.	Maintenance of Long-Term Affordability

	Owners agree that the unit referred to in Part I, Paragraph A shall be restricted permanently from the date hereof in order to remain continuously affordable to very low, low and moderate income tenants. This restriction shall be binding on the Owners and any and all successors in interest.

C.	Rent Restrictions

	The monthly rent for the unit shall not exceed the maximum affordable rent payment for a very low, low and/or moderate income household as determined by the County Housing Division or its successor agency. As of the date of this Regulatory Agreement, the maximum rent for a 3-bedroom unit is $2,470 [exclusive of tenant utility allowance based on calculations provided under Section 8 of the United States Housing Act of 1937 (“Section 8” or “Section 8 Program”) described further below].

D.	Tenant Requirements

	The unit shall be continuously occupied by Very Low, Low or Moderate Income Tenants as defined in General Plan Housing Chapter Policy 14.5, except that the maximum income of a moderate income household occupying the unit shall not exceed 100% of the County Median Household Income as established by U.S. Department of Housing and Urban Development (HUD). As of the date of this Regulatory Agreement, the maximum income of the tenant shall not exceed the following:

			Household Size		Median Income

			1		66,500
			2		76,000
			3		85,500
			4		95,000
			5		102,600
			6		110,200
			7		117,800

	For purposes of satisfying the Very Low, Low or Moderate Income Tenant occupancy requirements set forth above, a unit occupied by a person or family who at the commencement of their occupancy qualified as a Very Low, Low or Moderate Income Tenant, shall be treated as occupied by a Very Low, Low or Moderate Income Tenant until said tenant vacates the unit. All subsequent tenants must meet the moderate income guidelines at commencement of occupancy.

	The Owners shall accept as tenants on the same basis as all other prospective tenants, Very Low, Low or Moderate Income Tenants who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937 or its successor, and shall not apply selection criteria to Section 8 certificate holders that are more burdensome than the criteria applied to all other prospective tenants.

	Each lease pertaining to an affordable unit shall contain a provision to the effect that the Owners have relied on the income certification and supporting information supplied by the tenant in determining qualification for occupancy of the affordable unit, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease. Except for the affordable rent to be paid by a Very Low, Low or Moderate Income Tenant, the Owners shall not collect any additional fees or payments from a Low Income Tenant or Very Low Income Tenant except security deposits or other deposits or fees required of all similarly situated tenants.

E.	Income Certification

	The Owners will obtain, complete, and maintain on file income certifications and verifications from each Very Low, Low or Moderate Tenant, obtained immediately prior to the initial occupancy of the restricted unit.

	A copy of each such income certification obtained prior to initial occupancy shall be filed with the County prior to occupancy by the tenant whenever possible but in no event more than seven days after initial occupancy by the tenant.

	The Owners shall make a good faith effort to verify that the income provided by an applicant in an income certification is accurate by taking one or more of the following steps as part of the verification process: (1) obtain a pay stub for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) conduct a credit check or similar search, (4) obtain an income verification form from the applicant’s current employer, (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of said verifications shall be made available to County upon demand.

F.	Covenants to Run with the Land

	The Owners hereby subject the development (including the Development Site) to the covenants, reservations, and restrictions set forth in the Regulatory Agreement. The County and the Owners hereby declare their express intent that the covenants, reservations, and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owners’ successors in title to the development. Each and every contract, deed, or other instrument hereafter executed covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

PART II

A.	Enforcement

	If the Owners default in the performance of observance of any covenants, agreement or obligation of the Owners set forth in this Regulatory Agreement, and if such default remains uncured for a period of 30 days after notice thereof shall have been given by the County, then the County shall declare an “Event of Default” to have occurred hereunder, and, at its option may take any one or more of the following steps:

	1.	By injunction or other suit, action or proceeding at law or in equity, require the Owners to perform its obligations and covenants hereunder or enjoin any acts or things which may be unlawful or in violation of the rights of the County hereunder.

	2.	Have access to and inspect, examine and make copies of all of the books and records of the Owners pertaining to the development.

	3.	Take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and agreements of the Owners hereunder.

B.	Recording and Filing

	A Memorandum of Deed Restriction referencing this Regulatory Agreement shall be recorded and filed in the real property records of the County of San Mateo, California. The Owners shall pay all fees and charges incurred in connection with any such recording. A copy of this recording shall be submitted to the County Planning Division for filing with the Planning file.

C.	Project Representation

	The County and Owners hereby designate the following agents to act as project representatives in the matters dealing with the performance of work under this Agreement:

	COUNTY:			Planning Director Planning and Building Division 455 County Center, 2nd Floor Redwood City, CA 94063 650/363-4161

	OWNERS:			Betty Pimentel and Lois and Robin Baird
				510 Bear Gulch Road
				P.O. Box 134
				San Gregorio, CA 94074
				650/747-0714

D.	Interest of Public Officials

	No members, officers, or employees or agents of San Mateo County, no member of the Board of Supervisors, and no other public official who exercises any function or responsibility with respect to this program during his/her tenure, or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or a related subcontract, or the proceeds thereof. Owners shall incorporate in all subcontracts hereunder a provision prohibiting such interest.

E.	Compliance with County Affirmative Action Plan

	Owners shall not discriminate based on age (over 40), ancestry, creed, color, disability, marital status, medical condition (cancer related), national origin, political or religious affiliation, race, sex, sexual orientation, or union membership.

F.	Hold Harmless

	The Owners shall indemnify and save harmless the County, it officers, agents, employees and servants from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person, including Owners, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to, the concurrent active or passive negligence of the County, officers, agents, or employees and servants, resulting from the performance of any work required by this Agreement of Owners, provided that this shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

	The duty of the Owners to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

G.	Merger Clause

	The document constitutes the sole agreement of the parties hereto relating to said project and correctly states the rights, duties, and obligations of each party as of the document’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing.