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Home My WebLink AboutMiscellaneous Miscellaneous 3/16/2009 ~~---: '.:-t. .-...... \ '\ I. . r-~~~~s1:~n~~ -~~~~~'~~:U~~C~~:~k -- f@:~r~~JC--: i 1.JJJIl~!~!Jml~HllllIIIIIIIIIII09 0 $5231. pO OM I 03/12/20 1:49: RPR-REST Cnt=l Stn=6 CASHIER 07 I $30.00 $10.00 $11.00 " .. , d '3/1lJ101 - Date Receive : Planner: MEM .-'ro:."'''';.'- 'f'><< " A....TER RECORDING LJR-n-L Ka.t2AJ ;P. (). IQU)< .2 ~,.? ? '2> ~r~, on f 7t/OL. DECLARATION OF RESTRICTIVE COVENANTS CITY OF SPRINGFIELD DEVELOPMENT CODE SECTION 2.1-135B. & C. FOR NON-PROFIT AFFORDABLE HOUSING PROVIDER TURN TO: ,- THIS DECLARATION OF RESTRICTIVE CONVENANTS ("Declaration") dated February '2.10, ~009 by Springfield Church of the Brethren, an Oregon non-profit corporation, owner of the real property more particularly described and set forth in Exhibit Aand ShelterCare, an Oregon non-profit corporation, Lessee of the real prop~rty more particularly described and set forth in Exhibit A attached hereto and their respective successors and assigns ("Grantors"), is given as a condition precedent to the waiving of certain City of Springfield development fees by the City of Springfield, a municipal corporation of the State of Oregon ("City") in consideration for the provision of affordable housing pursuant to Springfield Development Code, Section 2.1-135B. & C. together with any successor to its rights, duties and obligations. RECITALS: WHEREAS, Grantor, Springfield Church of the Brethren, is the owner of the real property more particularly described and set forth in Exhibit A attached hereto and incorporated. herein by reference. WHEREAS, Grantor, ShelterCare, is:!easing from Grantor, Springfield Church of the Brethren, the real property more particularly described arid sef forth in Exhibit A under a 50 year lease with an option to extend for an.additional 25 years. WHEREAS, ShelterCare is constructing a 16 unit apartment building for very low income adults with chronic mental illness on the real property more particularly described and set forth. in Exhibit A. WHEREAS, the project has received HUD 811 funding which stipulates thi:lt the units must be rented to households qualifying for less than 50% of the area median income; WHEREAS, the real property more particularly described and set forth in Exhibit A are currently known as 1082 and 1096 Main Street but may receive new addresses .,. ,when the ,apartmel]t'building is constructed; WHEREAS, an application has been made for fee waiver from City of Springfield, Development Code fees including, but not limited to, a Development Issues Meeting, Site Plan (pre-submittal and submittal), property line adjustment and other planning fees associated with this developm~nt; ., . ". '. I I .. ".. , , . .':'. Date' Received: ~I '10'1 Planner: MEM DECLARATION OF RESTRICTIVE COVENANT, CITY OF SPRINGFIELD '" ""1~}'~' ".:.i i:"~ ;"'1,;;' ?". "~'~"""""",~", ~'"'-':""' .:I." j 1!:'~: " ..J . '._1 '. WHEREAS, in order to qualify for waiver of the development fees as specified in Springfield Development Code, Section 2.1-135B. & c., Grantors hereby agree as follows: DECLARATIONS: NOW, THEREFORE, in consideration of the Recitals set forth above which are expressly made a part of this Declaration and in consideration of the promises and covenants hereinafter set forth and other valuable consideration including, but not, limited to, t~e waiver of Springfield development fees as provided herein, Grantors and City agree as follows: 1. A 16-unit apartment building for low income adults is being constructed on the real property more particularly described and set forth in Exhibit A which will be rented to households with incomes below 60% of the area median income as determined by the Federal Housing and Urban Development (HUD) income limits in effect at the time of execution of this document. 2. Grantor ShelterCare qualifies as a non-profit corporation under Section 501C(3) of the Internal Revenue Code. 3. Upon requestof City, Grantor ShelterCare will provide documentation that the ",. housingmeets'appropriate standards regarding household income, rent levels and . - '," . number of units. ..'.... .' . . r 4. Grantor ShelterCare will provide at the request of City adequate documentation that the housing shall. remain exclusively available to low income adults at the affordable rents for five years. In the event that the use of the property is no longer for low income housing, the Grantors shall pay the waived development fees from which Grantors were exempt. 5. The terms and conditions of this Restrictive Covenant are perpetual, shall run with the land and shall be binding upon the heirs, successors and assigns of Grantors and all subsequent owners of the real property more particularly desCribed and set forth in Exhibit A. ,..6. If eitfJer Grantor Of-the City of Springfield brings an action regarding or to enforce this Agreement, the prevailing party in such action. shall be entitled to recover its attorneys' fees and court costs, at arbitration, trial and on appeal. 7. This Agreement shall be recorded by the City of Springfield in the real property records of Lane County, Oregon. Date Received:_1 Planner: MEM DECLARATION OF RESTRICTIVE COVENANT, CITY OF SPRINGFIELD -. ~', SPRINGFIELD CHURCH OF THE BRETHREN: . ,', ," SHELTERCARE: .'l," .' a^_:;yY), f;i5~tItMU- By: AM 1\,\ ,f::. ~P"[.l.D 1'"'1'\1 Its: r,bn;r. ()Vp~t-(,,AlJnr;1 ~~ A-.~ By: .5L!;,D.Vl A. 150...", Its: G-,c~l' u..-k\"... \)~('e'c.-h:rY CITY OF SPRINGFIELD: J, ~~. By: '6'l-fn ~/^^A(a,' Its: ~ 3\1 l'-I\AI/AS".o , '!>(~!o, STATE OF OREGON) ) ss. County of Lane ). REVIEWUJ & APPROYED ~ TO FORM ~CIo,....-.J ~ DATE: 2. J \ \ I OL LEGAL CO NSEL Personally appeared the above named A U.\A F. '(0 u \-0..... '\ as ., 1'\.r'Lf. 1""\.-,0 If 'Su:"I. ~ C~(. 1 \ for The Springfield Church of the Brethren and acknowledged the foregoing instrument to be his/her voluntary act and deed on this 2L,. day of February, 2009. .~,.... .".....- ....". "'"'~--'.. ..~,,-.,'. .~.. .., "-', J .. ""'. O,-FICAL. .'_ . .". "', LESLI::C',:..] , , ~ NOTARY PUI3L1C - C'-:7.2.CN I .' COMMISSIOtJ NO. 405575 , t" "''' ~Y;o~~S~I<:'N ..:X~~:M~Y~,~O~ . ((>.. ~ G., ~0.-.. Notary Public for Oregon My Commission Expires: s- '2..--.\ 0 STATE OF OREGON) ) ss. County of Lane ) pe'rsonally appeared the above named ~'''-&.......... ~"'- .' ~~~\-.u... "'DIn'..C ~ . . for ShelterCareand acknowledged the foregoing instrumentto be..ftisih~ voluntary act and deed on this ':2..l... day of February, 2009, as J (7:::>\ '"_' r r-,\&.u..... Notary Public for Oregon My Commission Expires: s.. . z. \0 [)atEl Received:~ I (, I 07 DECLARATION OF RESTRICTIVE COVENANT, CITY OF SPRit<jt3t'i'Ef.bMEM '1- --'-., '.' ~ ~----'-"-~I OFFICIAL SEAL .' LESLIE COHEN I '. '; NOTARY PUBLIC - ORF.GON , / COMMISSION NO. 405575 1~~~~~~~",,-~~!~- .. , . . . . STATE OF OREGON) ) ss. County of Lane ) Personally appeared the above named (;inu (";'~\~cL as f'.l~~ ~<t~ ' ' for the, City of Springfield and acknowledged the fo~egoing instrument to be his/her vOluntary act and deed on this ;:)i\L:J day of {'I\~U':'I::"'..'3:-'i, 2009. ._ __ ~, ~ ~""'""'i"',--;-....:..~~~"~_~....-<;;;:--~, if(- - OFFICIAL SEAL , (I JULIE M WILSON , NOTARY PUBLIC ' O~EGON \.. ,/ COMMISSION NO, 3~7943 _ ;:~~S~9!~~SOC:C4:..2~s,. c1 Jfu \M.. Wti2.Nh-- Notary Public for Oregon My Commission Expires: -1.l2/ '-1104 N:\City\Housing\Affordable Housing\Declaration Of Restrictive Covenants'Snelter Care,Doo< ',::,,%~:\:: - . Date Recelved:~/ 0 ; Planner: MEM DECLARATION OF RESTRICTIVE COVENANT, CITY OF SPRINGFIELD :--..:- Exhibit A: Legal Description <if the Property ,'" 'Beginning at a point which is 360 feet east of a point that is 94,57 feet south 40~ 40' east from a point los,2 feet north of the southwest comer of the Paul Brattain donation land claim no, 63, in township 17 south, range 3 west of the Willamete Meridian, running thence east 60 feet, more or less, to the monument which marks the southeast comer of block 7 "fBrattain's add on to Springfield, Lane County, Oregon, as platted and recorded in book 9, page 6, Lane County Oregon plat records before same was vacated; thence north 196,3 feet; thence west 60 feet; more or less to a point due north of the beginning point; thence south 196,3 feet to the place of beginning, in Lane County, Oregon'excepting:,that portion of the above-described premises included in that cenain deed wherein Paul Hadley and Pearl Hadley, husband and wife, were grantors,and the town of Springfield, was grantee, registered in book 14, page 480, of the certificate of registered titles, reception no. 3474, in Lane County, Oregon. " Tax Parcel Number: 0316842 ",: . .' ~ .. .',., , ~.., 'torn...: _. ,.....,"",......,., ";..,;,, , Date Received:3U!44-' " Planner: MEM . ~ -r ;.,.. .'!.;