HomeMy WebLinkAbout2007-201 Resale Restriction Agrmt - Siskiyou Sacred Spaces
When Recorded Return Oriainal to:
Barbara Christensen, City Recorder
20 East Main Street, Ashland, Oregon 97520
Jackson County Official Records 2007 -038851
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I, Kathleen S. Seckett, County Clerk for Jackson County, Oregon,
~:~%:hatthe Instrument identified herein was recorded In the Clerk
Kathleen S. Beckett - County Clerk
Space Reserved for Jackson County Recorder
CITY OF ASHLAND AFFORDABLE HOUSING
RESALE RESTRICTION COVENANT
Owner: Siskiyou Sacred Spaces LP Property Address:
Carl M. Wright, President 220-226 Van Ness Ave., Unit #2
127 Strawberry Ln Ashland, Oregon 97520
Ashland, OR 97520
Agreement date: Purchase Price or maximum Rent as
adjusted annually by resolution 2006-13
Date of Purchase:
Name of development: Laurelcrest Condominium
Covenant Agreement ("Agreement") 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 ("Home").
RECITALS:
A. The Home referred to in this Agreement is described more fully on the
attached Exhibit A.
B. Sale or rental of the Home is subject to certain restrictions which require that
the Home be sold to an eligible moderate-income household, or rented to an eligible
low-income household, pursuant to the City's Affordable Housing Program ("Program").
The Owner shall transfer or rent the Home only to an eligible household where the
purchaser or renter intends to live, and actually does live, in the Home as a primary
residence.
C. The resale or rental restrictions were imposed on this Home when approved
receiving Planning Approval on December 12, 2006 for a conversion of an existing four
unit apartment complex to four individual condominum units . One of the condominium
unit, referred to as the "Home", is to remain affordable in accordance Ashland's
Affordable Housing Program as defined in Resolution 2006-13 for a moderate income
PAGE 1- RESALE RESTRICTION COVENANT
occupant household. The Owner understands that signing this Agreement and
complying with its terms are necessary to permit the City to fulfill its affordable housing
goals. This Agreement fulfills condition 7 of Planning Action 2006-02160 that required
the applicant in that planning action to sign an agreement prepared by the City
stipulating that one of the units, as identified in the condominium bylaws, comply with
the Program established by the City and for purchase or rental housing for a period of
not less than 30 years. The Agreement is to be recorded in the deed records.
City and Owner agree:
1. Occupancy Reauirement. You agree and acknowledge that the City's acceptance
of your participation in the Program and sale of the Home is conditioned upon
continuing occupancy of the Home by qualified moderate-income households earning
at or below 80% the Area Median Income as defined by the Department of Housing and
Development for the Medford-Ashland Metropolitan Service Area. For purposes of this
Agreement, continuing occupancy includes renting of the Home by the Owner to others
provided the renting household is qualified under the City's affordable rental program
income limits and the rental costs do not exceed the limits established under the rental
program.
2. Transfer of Home. Except as provided in paragraph 3, you agree to "transfer" the
Home consistent with this Agreement and the provisions of Ashland City Council
Resolution 2006-13 as in effect on the date of the planning approval.
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. Assumption requirement. This Agreement 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 Agreement in writing, or sign an agreement substantially similar to this
Agreement, prior to the transfer of the Home. If the purchaser or transferee fails
to assume this Agreement or execute and deliver a substantially similar
agreement to the City prior to the sale or transfer, then the sale or transfer shall
be considered void and the City may enforce any of its remedies as contained in
section 3.2.7 below.
Recording of the Agreement in the official 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 Agreement. Upon the close of any transfer, you
PAGE 2- RESALE RESTRICTION COVENANT
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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. Exemot and Qualified Transfers. Notwithstanding paragraph 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 Agreem.ent.
3.1. Exempt transfer. An "exempt transfer" is:
3.1.1 . A transfer by the Owner of a home being rented to a low-income
household under the Program to a transferee who will continue to rent the Home
under the Program
3.1.2. A taking of title by a surviving joint tenant; a court-ordered transfer
of title to a spouse as part of a dissolution proceeding; or an acquisition of title,
or of any interest in the title, in conjunction with marriage. If title is taken as
described in this paragraph, and the Home is being rented to a low-income
household under the Program, the transfer is only exempt if the transferee will
continue to rent the Home under the Program.
3.1.3. A refinancing of the existing purchase money first mortgage or trust
deed encumbering the Home by securing a new first mortgage or trust deed on
the Home in an amount not to exceed the then maximum purchase price
established by Resolution 2006-13 plus applicable loan fees and closing costs.
An exempt transfer also includes a home equity loan secured by a third
mortgage or trust deed on the Home, which shall be subordinate to this note and
the trust deed securing it, provided the cumulative total of all mortgages upon the
Home do not exceed the then present maximum purchase price established by
Resolution 2006-13.
3.2. Qualified transfer. A "qualified transfer" is a transfer to an eligible
buyer under the Program for a sales price that does not exceed the affordable
housing purchase price as determined by Ashland City Council Resolution
number 2006-13 as in effect on the date of the Planning Approval, October 10,
2006 and adjusted annually. A qualified transfer shall include the rental of the
Home to an eligible household as determined by Ashland City Council
Resolution number 2006-13. At least 30 days prior to the transfer, you shall
provide the following information to the City:
3.2.1. The name, address and telephone number of the proposed buyer
or renter( s);
3.2.2. A financial statement signed by the proposed buyer and his or her
spouse, if any, in a form acceptable to the City and accompanied by such
supporting documentation as requested by the City. Use of the property, as a
rental, requires all members of the rental household to provide income
PAGE 3- RESALE RESTRICTION COVENANT
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verification documentation to the City to qualify as an eligible renter. The
financial information shall be used by the City to determine the income eligibility
of the proposed buyer. To be an eligible buyer under the Program, a buyer shall
certify that he or she will occupy the Home as his or her principal Home. The
buyer and all other members of the buyer's household shall meet the income
guidelines established from time to time by the City for participation in its
affordable housing program.
3.2.3. A copy of the proposed sales agreement or rental agreement and
all related documents, which set forth the terms of the transfer;
3.2.4. A written certification signed by the proposed buyer or renter(s) and
you in a form acceptable to the City stating that:
3.2.5. 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;
3.2.6. Neither the proposed buyer nor any other party has paid or will pay
to you or for your benefit, and you have not received nor will you receive from the
proposed buyer, renter(s), or any other party, either directly or indirectly or for
your benefit, money or any other consideration in addition to what is set forth in
the sales agreement and related documents;
3.2.7. In the event that a transfer is made in violation of the terms of this
Agreement, 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 sales agreement, or rental
agreement, or to declare the sale void notwithstanding the fact that the sale may
have closed and become final as between the buyer and you.
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 paragraph 3.2. 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 9.
5. Priority and Effectiveness of this Aareement. This Agreement, or a memorandum
of this Agreement, 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 Agreement 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.
6. Term of Aareement. The restrictions contained in this Agreement shall continue for
a period of 30 years from the date of this Agreement.
PAGE 4- RESALE RESTRICTION COVENANT
;f-
7. Survival of Aareement Upon Transfer. The City's rights under this Agreement shall
survive any transfer of the Home by you.
8. Notices. Except as otherwise specified in this Agreement, all notices required to be
sent pursuant to this Agreement 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
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
Owner:
Siskiyou Sacred Spaces LP
Carl M. Wright, President,
Wright Creative Enterprises Inc.
127 Strawberry Ln
Ashland, OR 97520
The addresses above may be changed by notice given pursuant to this paragraph.
9. Waiver. No condition of this Agreement or of the note or trust deed shall be deemed
waived unless expressly waived in writing by City.
10. Amendment This Agreement may be amended upon mutual agreement in writing
signed by the City and the Owner or the Owner's successor in interest.
11. Default. A default shall occur if you fail to perform or observe any of the provisions
of this Agreement. If any default occurs, City may, at its option, require you to rescind
any sale or rental, or the City may seek specific performance of this Agreement by suit
in equity. The remedies provided above shall be nonexclusive and in addition to any
other remedies provided by law.
12. Bindina Effect. Throughout this Agreement, the terms "Owner" and "you" refer
individually and collectively to all persons who sign this Agreement and all persons
signing this Agreement shall be jointly and severally liable for its obligations.
13. Attornevs' fees. If either party is required to initiate legal proceedings to enforce its
rights under this Agreement, the prevailing party in such action shall be entitled to an
award of reasonable attorneys' fees and costs in addition to any other recovery under
this Agreement.
(Signatures on following page)
PAGE 5- RESALE RESTRICTION COVENANT
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By: Cfl1'<L M" w~ Ie
Its: pp(S'~\ ~Nl
State of Oregon
County of Jackson
Th~strument was a~Wledge~e me on~~
b)'l ~I m. LdJ2J 1--. a
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State of Oregon
County of Jackson
This instrumer was acknowledged before me on AIO
by Mar-Hw.. ". 1:>ff{~dt- as ei~ A ., r
Ashland, Oregon.
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Notary Public for Ore n
My commission expires: ~ ~ } a 0 10
CITY:
__ OFFICIAL SEAL
DIANA R. 8tIPLET
NOTARY PUBLIC-OREGON
COMMISSION NO. 406584
MY COMMISSION EXPIRES MAY 2. 2010
PAGE 6- RESALE RESTRICTION COVENANT
OWNER:
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Date:
? , 2007,
t)lbtc![:y/p lic for Oregon
rVfYCommission eXPires:LJ(/~~~, ';;;00 ~
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Date:
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,2007,
of the City of
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Exhibit A
Unit 2 of Laurelcrest Condominium, together with an undivided interest in the common
elements thereof, now of record in Jackson County, Oregon.
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