HomeMy WebLinkAbout2008-079 Resale Restriction - Garfield Condominium
Jackson County Offi~ial Records 2008-017848
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When Recorded Return Oriainal to:
Barbara Christensen, City Recorder
20 East Main Street,
Ashland, Oregon 97520
I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the instrument identified herein was recorded in the Clerk _
records.
Christine Walker - County Clerk
CITY OF ASHLAND AFFORDABLE HOUSING
RESALE RESTRICTION COVENANT
Owner: William Koenigsberg, President Home Address: 117 Garfield Street
Garfield Condominium, Inc. Unit #10
P.O. Box 399 Ashland, Oregon 97520
Ashland, OR 97520
Covenant date:
Name of development: Garfield Condominium
This Resale Restriction Covenant (the "Covenant") is entered into on the date
specified above by the City of Ashland ("City") and the Owner (also referred to as
"You") named above regarding certain improved real property located at the
property address specified above ("the Home").
RECITALS:
A. The Home referred to in this Covenant is described more fully on the
attached Exhibit A.
B. Sale or rental of the home is subject to certain restrictions contained in
this Covenant for the purpose of implementing the City's Affordable Housing
Program as set forth in Ashland City Council Resolution No. 2006-13
("Program"). .
C. The resale or rental restrictions were imposed on this home when the
development received Planning Approval to complete a condominium conversion
of ten existing apartments. Three (3) of the condominium units, which include
this Home, are to remain affordable in accordance with the condominium
conversion standards established under Section 18.28.040 of the Ashland Land
Use Ordinance as in effect on the date of application. The Owner understands
that signing this Covenant and complying with its terms are necessary to permit
the City to fulfill its affordable housing goals. This Covenant fulfills condition #8 of
Planning Action 2006-02327 that requires the applicant to sign an agreement
prepared by the City of Ashland stipulating that three of the units, as identified in
the condominium bylaws and declaration of Condominium Ownership, comply
with the Program established by the City of Ashland for purchase or rental
housing for a period of not less than 30 years as established by Resolution 2006-
13. The agreement is to be recorded in the deed records.
AGREEMENT:
City and Owner agree:
The recitals set forth above are hereby incorporated herein by this reference.
1. Occupancy Reauirement.
1.1 Primary Residence. All occupants of the Home must use the Home
as a primary residence, and such incidental activities related to residential use as
are then permitted by applicable zoning, building, subdivision, and land use laws.
This restriction and all other requirements of this Covenant will be binding upon
anyone who uses the Home whether a purchaser, a renter, or otherwise,
because this Covenant is intended to apply to the Home regardless of changes in
ownership or occupancy. You agree and acknowledge that use of the Home as
a primary residence in compliance with all the requirements of this Covenant is
essential to the fulfillment of the City's affordable housing purposes and shall
apply during the full term of this Covenant.
1.2 Qualified OccuDants. You agree that upon conversion of the
existing multi-family rental units into for-purchase condominiums the tenants shall
be afforded the rights established in Section 10.115 of the Ashland Municipal
Code. You agree that at least 30 days prior to occupancy by a purchaser, or at
least 7 days prior to occupancy by a renter or lessee, You must provide the City
evidence that the new occupants are Qualified Occupants as of such date. The
term "Qualified Occupants" means persons whose combined household income
does not exceed 80% of the Area Median Income. The term "Area Median
Income" means the median income of wage earning employees working on jobs
located in the City, as defined by the department of Housing and Urban
Development for the Medford Ashland Metropolitan Service Area. The Qualified
Occupant test only applies as of the commencement of occupancy in order to
encourage the occupants' career advancement and other means of increasing
the occupants' household income. The occupants must use the Home as their
primary residence at all times throughout the term of this Covenant.
1.3 ResDonsible Use. You shall use the Home in a manner so as not to
cause harm to others or create any nuisances, public or private; and shall
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dispose of any and all waste in a safe and sanitary manner.
1.4 Resoonsibilitv for Others. You shall be responsible for the use of
the Home by any and all occupants thereof, their families, their friends or visitors,
or anyone else using the Home, and shall make them aware of the spirit, intent,
and appropriate terms of this Covenant.
1.5 Insoection. You agree that upon conversion of the existing multi-
family rental units into for-purchase condominiums the housing units shall be
inspected by the Ashland Building Department in accordance with chapter 15.04
of the Ashland Municipal Code. Any and all corrective measures identified in the
inspection, and related construction permits with approved final inspections, shall
be completed prior to sale of units identified in the report.
1.6 Condition of Home. Comoliance with Covenants and Law. You
shall maintain the Home in good, workable, safe, and habitable condition in all
respects except for normal wear and tear, and in full compliance with all
applicable covenants, easements, restrictions, and agreements, and all laws,
ordinances, rules, and regulations of the City and any other governmental
authority with jurisdiction over matters concerning the condition and use of the
Home, including all such laws related to environmental matters. You shall not
cause or permit any hazardous substances, including petroleum oil and its
fractions, to be spilled, leaked, disposed of or otherwise released on or under the
Home. Tenant may store such substances in or about the Home only in de
minimis quantities customary for normal residential use and must exercise the
highest degree of care in the use, handling and storage of same.
1.7 Prooertv Taxes. You shall pay all taxes and assessments, no
matter how designated, that relate to the Home ("Property Taxes") in order to
avoid the loss of the City's affordable housing by County tax foreclosure and sale
of the Home at a market price. You shall also pay directly, when due, any and all
other service bills, utilities charges, or other governmental assessments charged
against the Home. Concurrently with the payment thereof and upon the request
of the City , You shall furnish evidence satisfactory to the City documenting the
payment of all taxes, assessments, and charges paid by You as required or
permitted by the provisions of this Covenant. A photocopy of a paid receipt for
such charges showing payment prior to the due date thereof shall be the usual
method of furnishing such evidence.
1.8 Alterations and Imorovements. Any alteration or improvement of
the Home is subject to the following conditions: (1) You shall provide City
evidence of adequate financing of the work; (2) all construction shall be
performed in a good and workmanlike manner and shall comply with all
applicable laws, ordinances, and regulations, including, without limitation, the
requirements of local and state public health authorities; (3) all construction must
be consistent with use of the Home as a primary residence; and (4) You shall
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furnish to City a copy of plans and specifications for the work and obtain all
required building permits from the City prior to commencing construction work.
1.9 Prohibition of Liens. No lien for services, labor or materials
resulting from Your alterations, additions or improvements shall attach to the
Home. You shall not suffer or permit any vendor's, mechanic's, laborer's, or
materialman's statutory or similar lien to be filed against the Home and You are
responsible to remove any such lien from the Home within sixty (60) days after it
is filed by payment, deposit, bond, order of a court of competent jurisdiction or as
otherwise permitted by law. If You shall fail to cause such lien to be removed
from the Home within such time period then, in addition to any other right or
remedy, the City may, but shall not be obligated to, discharge the same by
paying the amount in question. You may contest the underlying lien claim as long
as you have removed the lien from the Home by the statutory procedure of
depositing a bond or cash with the Circuit Court to replace the Home as the
security for payment of the claim. Any amounts paid by City in respect of such
liens you shall reimburse to the City upon demand.
1.10 Maintenance. You shall, at Your sole expense, maintain the Home
(which specifically includes maintenance and repair of sewer, water, electrical,
telephone, cable, gas, and any other services and utilities, sidewalks, curbs,
driveways, landscaping, vegetation, sprinkler systems, and any and all structures
and other improvements on, under or above the surface of the land) in good,
safe, habitable and workable condition and in accordance with all applicable
laws, rules, ordinances, orders and regulations of the City and all other
governmental agencies and entities with jurisdiction and all insurance companies
insuring all or any part of the Home
2. Transfer of Home. Except as provided in paragraph 3, You agree to
"transfer" the home consistent with this Covenant.
2.1 Definition of transfer. To "transfer" the home means any sale,
assignment or transfer, whether voluntary or involuntary, of any interest in the
home, including, but not limited to, a fee simple interest, a co-tenancy interest, a
survivorship interest, a life estate, a leasehold interest, any right to possession
under a rental agreement, or an interest evidenced by a mortgage, trust deed or
land sale contract in which possession of the home is transferred and You retain
title.
2.2 Assumotion reauirement. This Covenant shall apply to and bind any
purchaser or transferee in an exempt or qualified transfer (see paragraph 3).
Such purchaser or transferee (other than a renting household qualified under the
City's affordable rental program) shall assume Your duties and obligations under
this Covenant in writing in a form approved and provided by the City, prior to the
transfer of the home. If the purchaser or transferee fails to assume this Covenant
and execute and deliver the City's form of assumption agreement to the City prior
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to the sale or transfer then the City shall have the option of treating such sale or
transfer as null and void and the City may enforce any of its remedies as set forth
below in this Covenant.
Recording of the assumption agreement in the official deed records of
Jackson County, Oregon, shall be a condition of the City's approval of the
proposed transfer. You agree to pay a reasonable assumption fee to the City and
to reimburse the City for its expenses incurred in administering its rights and
obligations in connection with any transfer under this Covenant. Upon the close
of any transfer, You agree to provide the City with copies of the recorded trust
deed, final sales contract, settlement statement, escrow instructions, and any
other documents prepared or used in connection with the transaction.
3. ExemDt and Qualified Transfers. Notwithstanding Section 2 above, if a
transfer is either an "Exempt Transfer" or a "Qualified Transfer" as provided in
this paragraph, such transfer shall not be considered a violation of this Covenant.
3.1 Exemot transfer. An "exempt transfer" is:
3.1.1 A taking of title by a surviving joint tenant; a court-ordered
transfer of title to a spouse (or domestic oartner) as part of a dissolution
proceeding; or an acquisition of title, or of any interest in the title, in
conjunction with marriage, provided that as of the date of any of these
types of exempt transfer the Home is then occupied by a Qualified
Occupant.
3.1.2 A Permitted Mortgage (as defined below) encumbering the
Home in an amount not greater than 10001'0 of the Affordable Purchase
Price (as defined below) as of the date of the loan proceeds are advanced
to You by the lender, provided that all of the proceeds over and above the
amount necessary to payoff prior financing is used for the alteration or
improvement of the Home such as landscaping, expansion, remodeling
and the like.
3.2 Qualified Transfer. A "Qualified Transfer" is a transfer to a Qualified
Occupant as their primary residence and either (a) a sale at a price that does not
exceed the Affordable Price as of the date of this Covenant, plus the cost of
Allowed Appreciation, as such terms are defined below, or (b) a rental or lease of
the Home for an Affordable Rent (as defined below) as of the date of the date of
such rental or lease. The term "Affordable Price" means the price which the City
estimates will result in annual Home costs (principal, interest, property taxes,
insurance, utilities and maintenance, and homeowner association dues) to be
approximately thirty (30%) of the annual income for the target income level
established by City of Ashland Resolution 2006-13. Affordable Rent means a
monthly rent throughout the rental term that is no more than the maximum rents
established by City of Ashland Resolution 2006-13. On such basis, the City has
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determined that the Affordable Rent for the one bedroom Home targeted to
households earning at or below 80% Area Median Income is $648.00 as of the
date of this Covenant. The City makes no representation or warranty that You
will be able to sell the Home for an Affordable Price or rent the Home for an
Affordable Rent at any given time. Your ability to sell or rent the Home at any
given time depends upon market conditions over which the City has no control.
Improvements including replacement of the Home's original elements or any
repairs even if the replacement materials are an upgrade from the original
materials previously incorporated in the Home do not function to increase the
Affordable Price beyond allowable appreciation. The term IIAllowed Appreciation"
means the increase in the Affordable Price by the same percentage as the
percentage increase in the Area Median Income in the City between the date of
this Covenant and the Qualified Transfer. At least 30 days prior to occupancy by
a purchaser, or at least 7 days prior to occupancy by a renter or lessee, You shall
provide the documents and information to the City described in the following
subsections for the purpose of qualifying the proposed transfer and determining
the price or rent is an Affordable Price or Affordable Rent as the case may be,
including:
3.2.1 The name, address and telephone number of all the
proposed buyers or renters.
3.2.2 A financial statement from, and signed by, each proposed
adult occupant (whether a purchaser or renter) in a form reasonably
acceptable to the City and accompanied by such supporting
documentation as requested by the City. The financial information will be
used by the City to insure the proposed transfer is only to Qualified
Occupants.
3.2.3 A copy of the proposed sale agreement or rental agreement
and all related documents, which set forth the terms of the transfer. Upon
any increase in rent, You must provide the City notice and evidence that
the increased amount will continue to be an Affordable Rent consistent
with the limits established in Resolution 2006-13;
3.2.4 A written certification to the City signed by each proposed
adult occupant of the Home in a form acceptable to the City stating that:
(a) The transfer shall be closed in accordance with the terms of
the sales agreement or rental agreement and other documents submitted
and approved by the City;
(b) The proposed occupants will use the Home as their primary
residence; and
(c) The proposed occupants have not paid or caused anyone to
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pay on their behalf to You or for Your benefit, and You have not received
nor will You receive from any such person any other consideration for the
proposed transfer other than the consideration disclosed to the City;
3.2.5 In the event that a transfer is made in violation of the terms
of this Covenant, or that false or misleading statements are made in any
documents or certifications submitted to the City, the City shall have the
right to file a legal action to force the parties to terminate or rescind the
transfer, or to declare the transfer void notwithstanding the fact that the
transfer may have already occurred and become final as between the
parties.
3.2.6 In the event that the City fails to respond to notice required
under this section 3.2 within 30 calendar days of receipt of a notice of
sale, or within 7 calendar days of receipt of a notice of lease, such
purchaser or lessee is automatically deemed to be a Qualified Occupant;
provided however, that the City's rights and remedies granted under
section 3.2.5 above, or otherwise provided in other sections of this
agreement, shall not be affected.
4. You Must Notify City of Transfer. If You desire to transfer the Home,
You are required to notify City in writing to that effect. If the transfer is a Qualified
Transfer, the notice and information provided must comply with the provisions of
Section 3 of this Covenant. For any other transfer, the notice shall state the street
address of the home, your full name or names, the address and telephone
number at which you are to be contacted if not at the home. The notice shall be
given at least 30 days prior to the transfer and shall be delivered as provided in
paragraph 10.
5. Financina.
5.1 Permitted Mortaaae(s) Onlv. You may mortgage, pledge, or
encumber the Home or any portion thereof or interest therein only pursuant to a
Permitted Mortgage. A "Permitted Mortgage" shall be a mortgage or trust deed,
and "Permitted Mortgages" shall be mortgages or trust deeds which:
a) run in favor of an "institutional lender" such as, but not limited to, a
federal, state, or local housing finance agency, a bank (including savings and
loan association or insured credit union), an insurance company, a pension
and/or profit-sharing fund or trust, or any combination of the foregoing, the
policies and procedures of which institutional lender are subject to direct
governmental supervision or regulation;
b) are a first or second lien on the Home (the "Security");
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c) provide, among other things, that in the event of a default in any of
the mortgagor's obligations thereunder, the holder of the Permitted Mortgage
shall notify City of such fact and City shall have the right, but shall not have the
obligation, within 120 days after its receipt of such notice, to cure such default in
the mortgagor's name and on mortgagor's behalf, provided that current payments
due the holder during such 120-day period (or such lesser time period as may
have been required to cure such default) are made to the holder, and shall
further provide that said holder shall not have the right, unless such default shall
not have been cured within such time, to accelerate the note secured by such
Permitted Mortgage or to commence to foreclose under the Permitted Mortgage
on account of such default;
d) provide, among other things, that if after such cure period the
holder intends to accelerate the note secured by such Permitted Mortgage or
initiate foreclosure proceedings under the Permitted Mortgage, all in accordance
with this Section, the holder shall first notify City of its intention to do so and City
shall have the right, but shall not have the obligation, upon notifying the holder
within thirty (30) days of receipt of said notice from said holder, to payoff the
indebtedness secured by the Permitted Mortgage and to acquire the Security;
and
e) provide that such holder shall use reasonable efforts to sell the
Security pursuant to any sale after or in lieu of foreclosure to a purchaser who is
a Qualified Occupant for an Affordable Price, as defined herein.
f) provide that in the event such holder shall is unable to sell the
Security pursuant to any sale after or in lieu of foreclosure to a purchaser who is
Qualified Occupant for an Affordable Price than an amount equal to the
difference between the Affordable price per resolution 2006-13, and the fair
market value of the total consideration, shall be payable to the City and the
Covenant shall be removed from the property.
5.2 Citv's Consent to Permitted Mortaaae. Not less than thirty (30) days
prior to the date on which You desire a mortgage to be effective, You shall
furnish, or cause to be furnished to City true and correct copies of each and
every document and instrument to be executed in connection with the transaction
represented by such mortgage. City shall be required to consent to such
mortgage only if:
a) the mortgage so submitted is a Permitted Mortgage as defined in
this Covenant;
b) at the time of such submission and at the time proposed by You for
the execution of such documents, no default under this Covenant is then
outstanding;
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c) such Permitted Mortgage and related documentation do not contain
any provisions other than provisions generally contained in mortgages used for
similar transactions in the State of Oregon by institutional mortgagees;
d) such Permitted Mortgage and related documentation do not contain
any provisions which could be construed as rendering City or any subsequent
holder of the City's interest in and to this Covenant, or their respective heirs,
executors, successors or assigns, personally liable for the payment of the debt
evidenced by such note and Permitted Mortgage or any part thereof;
.e) such Permitted Mortgage and related documentation shall contain
provisions to the effect that the holder of the Permitted Mortgage (a "Permitted
Mortgagee") shall not look to City or City's interest in the Home, but will look
solely to You and the buildings and improvements which may from time to time
may be a part of the Home, for the payment of the debt secured thereby or any
part thereof. (It is the intention of the parties hereto that City's consent to such
Permitted Mortgage shall be without any liability on the part of City);
f) such Permitted Mortgage and related documentation provide that in
the event any part of the Security is taken in condemnation or by right of eminent
domain, the proceeds of the award shall be paid over to the holder of the
Permitted Mortgage in accordance with this Covenant;
g) You pay City a reasonable fee for the City's review, approval, and
processing of the Permitted Mortgage.
5.3 Riahts of Permitted Mortaaaee. Any Permitted Mortgagee shall
without requirement of consent by the City have the right, but shall not have the
obligation, to:
a) cure any default under this Covenant, and perform any obligation
required hereunder, such cure or performance by a Permitted Mortgagee being
effective as if the same had been undertaken and performed by You;
b) acquire and convey, assign, transfer and exercise any right,
remedy or privilege granted to You by this Covenant or otherwise by law, subject
to the provisions, if any, in said Permitted Mortgage, which may limit any exercise
of any such right, remedy or privilege; and
c) rely upon and enforce any provisions of this Covenant to the extent
that such provisions are for the benefit of a Permitted Mortgagee.
Permitted Mortgagee shall not, as a condition to the exercise of its rights
hereunder, be required to assume personal liability for the payment and
performance of Your obligations under this Covenant. Any such payment or
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performance or other act by Permitted Mortgagee hereunder shall not be
construed as an agreement by Permitted Mortgagee to assume such personal
liability except to the extent Permitted Mortgagee actually takes possession of
the Security [or collects fees or rents from You]. In the event Permitted
Mortgagee does take possession of the Security and thereupon transfer the
Security, any such transferee shall be required to enter into a written agreement
assuming such personal liability and upon any such assumption the Permitted
Mortgagee shall automatically be released from personal liability hereunder.
5.4 Notice. Whenever in this Section notice is to be given to Permitted
Mortgagee, such notice shall be given in the manner set forth in this Covenant to
the Permitted Mortgagee at the address which has been given by the Permitted
Mortgagee to City by a written notice to City sent in the manner set forth in this
Covenant for notices between the parties.
5.5 Costs of Permitted Mortaaae. You shall pay to City at City's option,
all fees, costs, and expenses, including, without limitation, reasonable attorney
fees, incurred by City in connection with any Permitted Mortgage.
6. Default.
6.1 Events of Default. It shall be an Event of Default:
a) if You shall fail to perform or observe any other term or condition in
this Covenant, and such failure is not cured by You or a Permitted Mortgagee
within one hundred twenty days (120) days after notice thereof from City to You
and such Permitted Mortgagee; however, in the case where You or Permitted
Mortgagee has commenced to cure such default within such one-hundred-
twenty-day (120-day) period and is continuing such cure with all due diligence,
but cannot by the exercise of due diligence cure such default within such period,
such period shall be extended for such additional period as may be reasonably
required under the circumstances to complete such cure; or
b) if Your interest in the Home shall be taken on execution or by other
process of law, or if You shall be judicially declared bankrupt or insolvent
according to law, or if any assignment shall be made of Your property for the
benefit of creditors, or if a receiver, trustee in involuntary bankruptcy or other
similar officer shall be appointed to take charge of all or any substantial part of
your property by a court of competent jurisdiction, or if a petition shall be filed for
the liquidation or reorganization of You under any provisions of the Bankruptcy
Code now or hereafter enacted, or if You shall file a petition for such liquidation
or reorganization, or for arrangements under any provision of the Bankruptcy
Code now or hereafter enacted and providing a plan for a debtor to settle, satisfy
or extend the time for payment of debts; or
6.2 Remedies. In the event You default and upon the expiration of any
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applicable cure period, City may, immediately or at any time thereafter, exercise
all rights and remedies available to City at law or in equity including but not
limited to the following remedies:
(a) Terminate the occupancy of the Home by You and anyone in
possession of the Home through or under You by summary eviction proceedings
or any other appropriate legal proceedings. Pursuant to such proceedings,
without demand or notice, City may enter into and upon the Home or any part
thereof in the name of the whole and expel You and those claiming through or
under You and remove its or their effects without being guilty of any manner of
trespass, and without prejudice to any remedies which might otherwise be used
for money owed to City or preceding breach of covenant.
(b) Specifically enforce the obligations You are required to perform by
the terms of this Covenant or such other equitable relief as may be appropriate in
the circumstances such as a restraining order and injunction, receivership and
the like.
(c) Obtain an award of liquidated damages in the amount of $100 per
day, which the parties hereby acknowledge is a reasonable estimate of the actual
damages that would be suffered by City if You default on this Covenant and
which actual damages the parties acknowledge would be difficult to precisely
determine and prove.
If the City evicts the occupants of the Home pursuant to an Event of
Default, or otherwise incurs costs or expenses in correcting or remedying an
Event of Default, You agree to pay and be liable for any damages which may be
due or sustained prior to or in connection with such termination, eviction, or
correction or remedying of an Event of Default, and all reasonable costs, fees
and expenses (including, without limitation, reasonable attorneys' fees) incurred
by City in pursuit of its remedies under this Covenant.
6.3 City's Default. City shall in no event be in default in the
performance of any of City's obligations hereunder unless and until City shall
have failed to perform such obligations within sixty (60) days, or such additional
time as is reasonably required to correct any default, after notice by You to City
properly specifying wherein City has failed to perform any such obligation.
7. Priority and Effectiveness of this Covenant. This Covenant, or a
memorandum of this Covenant, shall be filed for recordation in the County Clerk
deed records, Jackson County, Oregon prior to any sale, conveyance, transfer or
other disposition of the home, or of any estate or interest in the home, by you.
The Covenant shall have priority over any subsequent sale, conveyance,
transfer, lease, or other disposition or encumbrance of the home, or of any estate
or interest in the home.
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8. Term of Covenant. The restrictions contained in this Covenant shall
continue for a period of 30 years from the date of this Covenant.
9. Survival of Covenant UDon Transfer. The City's rights under this
Covenant shall survive any transfer of the home by You. In the event that the
City's interest under this Covenant is assigned or otherwise transferred (whether
voluntarily or involuntarily) by City to any other person or entity, this Covenant
shall not cease, but shall remain binding and unaffected. However, the City may
only transfer its interest under this Covenant to a non-profit corporation,
charitable trust, governmental agency or other similar entity sharing the goals
and objective set forth in the Recitals above regarding the development and
maintenance of adequate levels of affordable housing in the City.
10. Notices. Except as otherwise specified in this Covenant, all notices
required to be sent pursuant to this Covenant shall be made by personal delivery
or by deposit in the United States mail, first class postage prepaid, and shall be
deemed to have been delivered and received on the date of personal delivery or
five days after deposit in the mail, if sent to the following addresses:
City: Affordable Housing Coordinator OWNER:
Inc.
Garfield Condominium,
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
P.O. Box 399
Ashland, Oregon 97520
The addresses above may be changed by notice given pursuant to this
paragraph.
11. Waiver. No condition of this Covenant or of the note or trust deed shall be
deemed waived unless expressly waived in writing by City.
12. Amendment. This Covenant may be amended upon mutual agreement in
writing signed by the City of Ashland and the Owner or the Owner's successor in
interest as the case may be.
13. Bindina Effect. Throughout this Covenant, the terms "Owner" and "You"
refer individually and collectively to all persons who sign this Covenant and all
persons signing this Covenant shall be jointly and severally liable for its
obligations.
14. Attornevs' fees. With respect to any dispute relating to this Covenant, or
in the event that a suit, action, arbitration, or other proceeding of any nature
whatsoever, including (without limitation), any proceeding under the U.S.
Bankruptcy Code and involving issues peculiar to federal bankruptcy law or any
action seeking a declaration of rights or an action for rescission, is instituted to
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interpret or enforce this Covenant or any provision of this Covenant, the
prevailing party shall be entitled to recover from the losing party its reasonable
attorneys', paralegals', accountants' and other experts' and professional fees and
all other fees, costs and expenses actually incurred and reasonably necessary in
connection therewith including (without limitation) deposition and expert fees and
costs incurred in creating exhibits and reports, as determined by the judge or
arbitrator at trial or other proceeding, or on any appeal or review, in addition to all
other amounts provided by law. As used in this Covenant, the "prevailing party"
shall be that party in whose favor the balance of the issues were decided. In
making the determination of who is the prevailing party, the parties agree that an
award of money damages shall be one factor in the judge's, arbitrator's or other
authority's decision but shall not be the only factor. Other factors for the judge,
arbitrator or other authority to consider shall include, but not be limited to, the
number, size and importance of claims asserted by the party in whose favor a
monetary award was made but on which the party did not prevail, the size of any
monetary award in relation to the amount requested and the resolution of non
monetary issues. To aid in the judge's, arbitrator's or other authority's
determination of who is the prevailing party and the reasonableness of the award
of attorneys' fees, the judge, arbitrator or other authority shall be entitled to
compare his/her final award to the parties' settlement offers made in writing prior
to the arbitration hearing. For purposes of this Covenant, the term attorney fees
includes all charges of the prevailing party's attorneys and their staff (including
without limitation legal assistants, paralegals, word processing, and other support
personnel) and any postpetition fees in a bankruptcy court. For purposes of this
Covenant, the term fees and expenses includes but is not limited to long-distance
telephone charges; expenses of facsimile transmission; expenses for postage
(including costs of registered or certified mail and return receipts), express mail,
or parcel delivery; mileage and all deposition charges, including but not limited to
court reporters' charges, appearance fees, and all costs of transcription; and
costs incurred in searching records.
(Signatures on following Page)
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OWNER:
GARFIELD CONDOMINIUM, INC.
B~ ~
, 2008 ~
WILLIAM KOEN SBERG, President
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Date~
State of Oregon )
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County of Jackson )
This instrument was acknowledged before me on Lj II (06 ' 2008,
by WILLIAM .KC5.ENIGSB~GrPresid t of GARFIELD CONDOMINIUM, INC.
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Date:
1pdI ,2008
DVt f~~:. A :..ET
NO"'(V. '/ P uaur,'1EGON
State of Oregon CCI',.,"~I;>'>JN .. 405584
) ~~ MY COM";;~!:~""="''''<.~.~.'',"H.' W 2,2010
County of Jackson ) ~
This instrument was acknowledged before me on ' rt , 2008,
by MARTHA BENNETT, CITY ADMINISTRATOR 0 THE CITY OF ASHLAND,
o ON.
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My com i sion expires:
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LAND SUR.VEYING, L.L.C
EXHIBIT" A"
LEGAL DESCRIPTION
UNIT 1 0, GARFIELD CONDOMINIUM
ASSESSORS MAP NO. 39 IE 10 BC, Tax Lot 3802
A Condominium Unit within a portion of that tract of land described within Instrument
No. 01-54750 of the Official Records of Jackson County, Oregon, lying situate within the
Northwest Quarter of Section 10, within Township 39 South, Range 1 East of the
Willamette Meridian in Jackson County, Oregon, being more particularly described and
bounded as follow~ to wit;
Unit 10 of Garfield Condominium, according to the official plat thereot: filed on
\....7- 9 - oJ' ,2008 in Volume~ Page~, of the Plat Records of
Jackson County, Oregon. Together with that percentage of the Limited and General
Common Elements of Garfield Condominium, appurtenant to said Unit, as described in
the Declaration recorded on ~ 9 - 0> JY , 2008 in Instrument No. 2008-
/ 7 OL/ Lf of the Official Records of said County. The land included in such
property is described in the Declaration and such description is incorporated herein by
reference.
Prepared by:
Shawn Kampmann
Professional Land Surveyor
Polaris Land Surveying LLC
P.O. Box 459
Ashland, Oregon 97520
(541) 482-5009
Renewal Date: 6130109
Date: March 12,2008
S:\surveys\432-07\Garfield Condo Unit 10 LegaI.doc
P.O. 8 c x 4 [5 9. A 6 h , II n d. 0 r IJ (II> II 9 7 [520 Ph 0 n t'J: (54 I) 482. [5 0 09 FJf x: (5"" 1) 488 - 0 79 7
Mobile: (541) 601-3000 www.polari$tJurvey.ccm
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