Report (2) p
DocuSign Envelope ID:E82188B8-1311 4BiC-ABEE 4D67A1263CEA Washington County,Oregon 2021-126085
12/07/2021 03:52:04 PM
B6V202/0 0-IRUL Cnt=1 Stn=31 RECORDS!
$40.00$5,00$11.00$60.00-Total=$116.00
RETURN TO:
City of Tigard 02831247202101260850080082
Finance and Information Services I,Joe Nelson,Director of Assessment and Taxation .o.�..
13125 SW Hall Blvd. and Ex-Ofnclo County Clerk for Washington County, ! ?�i,�
Tigard OR 97223 Oregon,do hereby certify that the within instrument of ! h ;
2021 writing was received and recorded In the book of
��", 4..tr.ri,w
Attn:SDC Administrator records of said county. ,M
CITY
TIGARD n r, �
V I I 1 Q F I I GG A o r Joe Nelson,Director of Assessment end Taxation, :=,2;-rSti'
ft Ex•Ofncio County Clerk
BUILDING DIVISION
SPACE ABOVE FOR RECORDER'S USE
CITY OF TIGARD
COMPLIANCE AGREEMENT,DECLARATION OF RESTRICTIVE COVENANTS
AND EQUITABLE SERVITUDE
SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING
THIS COMPLIANCE AGREEMENT, DECLARATION OF RESTRICTIVE COVENANTS AND
EQUITABLE SERVITUDE(the "Agreement")is made and entered into this 23r day of November,2021,by and
between Terrace Glen Housing Partners Limited Partnership,an Oregon limited partnership (the"Grantor")and the
City of Tigard(the"City").
PURPOSE
The City desires to exempt the regulated affordable housing project known as Terrace Glen, or a portion
thereof, (the "Project"), located at 9640 and 9660 SW Greenburg Road Tigard, Oregon, from payment of City of
Tigard parks and transportation system development charges ("SDCs")pursuant to Tigard Municipal Code. The legal
property description of said Project is set forth in Exhibit A,which also is attached hereto and incorporated herein by
reference. The SDCs exempted for eligible Project units are shown on Exhibit B.
Grantor desires to receive the exemption, to satisfy the conditions thereof, and to execute and record this
Agreement for the purpose,in part,of creating restrictive covenants and an equitable servitude that shall run with the
Project land and bind any and all subsequent owners of the Project for the term of this Agreement.
AGREEMENT
SECTION 1. REPRESENTATIONS,COVENANTS AND WARRANTIES OF THE GRANTOR
CONCERNING USE OF THE PROJECT AS REGULATED AFFORDABLE HOUSING. Grantor hereby
represents,covenants,warrants and agrees that:
a. Grantor will maintain the Project or a portion thereof as regulated affordable housing, as defined in Tigard
Municipal Code 3.24 (adopted March 6,2018), for a period of 20 years (the "Exemption Period") from the date
of issuance of occupancy permits or final inspection approval is granted by City ("Exemption Date").
b. Grantor will comply, and will cause its agents,employees,contractors, subgrantees and assigns,if any,to comply
with the terms and conditions of this Agreement and all otherwise applicable laws (including,without limitation,
all applicable federal, state and local statutes, rules, regulations, ordinances and orders affecting the Project or
activities related thereto).
n ,MPT I.S.CF• F O X N FOR REGULATED AFC'CIRDASLF.HOUSING AGREEMENT
TERRACE.GLEN
DocuSbgn Envelope ID:E82188BB-1311-4B1C-ABEE-4D67A1263CEA
SECTION 2. COVENANTS TO RUN WITH THE LAND; EQUITABLE SERVITUDE. The
Grantor represents,covenants,warrants and agrees that
a. The City is granting the exemption to the Grantor as an inducement to the Grantor to develop and operate
the Project in accordance with the terms of this Agreement. In consideration of the receipt of the exemption,
the Grantor has entered into this Agreement with the City and has agreed to restrict the use of the Project
during the Exemption Period as set forth in this Agreement.
b. The representations, covenants, restrictions,granted by Grantor herein with respect to the Project shall be
deemed restrictive covenants running with the Project land and also shall be deemed an equitable servitude
running with the Project land in favor of and enforceable by City. These restrictive covenants and equitable
servitude shall pass to and be binding upon the Grantor's successors in title including any purchaser,grantee
or lessee of any portion of the Project, shall pass to and be binding upon the respective heirs, executors,
administrators, devisees, successors and assigns of the Grantor or any purchaser, grantee or lessee of any
portion of the Project and shall pass to and be binding upon any other person or entity having any right,title
or interest in the Project. Each and every contract, deed or other instrument hereafter executed covering or
conveying the Project or any portion thereof or interest therein shall contain an express provision making
such conveyance subject to the covenants,restrictions,and charges contained herein;provided,however,that
any such contract,deed or instrument shall conclusively be held to have been executed,delivered and accepted
subject to such covenants,restrictions and charges regardless of whether or not such covenants,restrictions
and charges are set forth or incorporated by reference in such contract,deed or instrument.
SECTION 3. BURDEN AND BENEFIT. The parties hereby declare their understanding and intent
that the burdens of the covenants,restrictions,and charges set forth herein touch and concern the Project land and
that the Grantor's legal interest in the Project may be rendered less valuable thereby. The parties further declare their
understanding and intent that the benefits of such covenants,restrictions,and charges touch and concern the Project
land by enhancing and increasing the enjoyment and use of the owners and tenants of the development, the intended
beneficiaries of such covenants, restrictions, and charges and by furthering the public purposes for which the
exemption is granted.
SECTION 4. COMPLIANCE REPORTING. The Parties hereby agree that Grantor,if requested by
the City,will provide certification,in a format approved by the City in its sole discretion,that the Grantor is fulfilling
its obligations under this Agreement. The City may inspect the Project, and any part thereof, and may inspect and
copy all records of the Project, upon reasonable notice to the Grantor. The Grantor, its agents, employees, and
subcontractors will cooperate fully with the City in any requested inspection or compliance monitoring.
SECTION 5. TERM OF AGREEMENT. The parties agree that this Agreement and the restrictive
covenants and equitable servitude created hereunder shall become effective upon execution of this Agreement and
shall remain in full force and effect for a 20-year Exemption Period. Notwithstanding any other provision of this
Agreement, this Agreement shall terminate and be of no further force and effect in the event of a completed
foreclosure by the primary financing lender or by a lender to whom the City has subordinated this Agreement,or their
successors or assigns, or in the event of a delivery by the Grantor of a deed for the Project to the primary financing
lender in lieu of foreclosure,or to a lender to whom the City has subordinated this Agreement,or their successors or
assigns.
SECTION 6. TERMINATION. If the Grantor defaults in the performance or observance of any
covenant,agreement,or obligation set forth in this Agreement,the City may terminate this Agreement,without further
liability, upon 30 days' notice to the Grantor and reasonable opportunity for the Grantor to cure such default.
Notwithstanding termination, City may pursue any remedy provided for in Section 7. The City may terminate this
Agreement immediately and without notice and opportunity to cure if the City loses the authority to grant the
exemption,is determined by its counsel or otherwise as lacking the authority to administer the exemption,or fails to
receive or loses necessary funding,appropriations,limitations or other expenditure or position authority sufficient to
carry out the terms of this Agreement.
SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT
TERRACE GLEN
DocuSign Envelope ID:E82188BB-1311-4B1C-ABEE-4D67A1263CEA
SECTION 7. REMEDIES. If the Grantor defaults in the performance or observance of any covenant,
agreement,or obligation set forth in this Agreement and if such default remains uncured for a period of 30 days after
the notice thereof shall have been given by the City to the Grantor, then the City,at its option,may take any one or
more of the following steps:
a. Have access to and inspect,examine and make copies of all of the books and records of the Grantor pertaining
to the Project;
b. Terminate the exemption of the Project or a portion thereof,in which case the SDC's exempted herein shall
be immediately due and payable to City in the amounts shown on Exhibit B,along with interest accruing from
the Exemption Date. City may,in addition to an action to collect SDC's due,withhold issuance of building
or development permits until paid in full;
c. Take such other action under this Agreement,at law or in equity as may appear necessary or desirable to the
City to enforce the covenants,agreements,warranties,and obligations of the Grantor hereunder.
No waiver or delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or
waive the right of any person entitled to enforce the same to obtain relief against or recover for the continuation or
repetition of such breach or violation or any similar breach or violation thereof at any later time or times.
SECTION 8. RECORDING AND FILING. The Grantor shall cause this Agreement and all
amendments and supplements hereto to be recorded and filed in the real property records of Washington County and
in such other places as the City may reasonably request. The Grantor shall pay all fees and charges incurred in
connection with any recording. The Grantor shall provide either the original recorded document or a certified copy
of the recorded document within ten days of the date of this Agreement.
SECTION 9. GOVERNING LAW; VENUE. This Agreement shall be governed by the laws of the
State of Oregon. The courts of the State of Oregon,or to the degree necessary,the U.S.District Court for the District
of Oregon shall have exclusive jurisdiction over any action brought by or against the City under this Agreement. The
Grantor hereby consents to such exdusive jurisdiction and waives any and all objections it might have thereto.
SECTION 10. AUTHORITY. Grantor hereby represents,warrants and certifies that:
a. It possesses legal authority to apply for and accept the terms and conditions of the exemption and to carry
out the proposed Project•,
b. Its governing body,if any,has duly authorized the filing of the application,induding all understandings and
assurances contained therein;
c. The person identified as the official representative of the Grantor in the application is duly authorized to act
in connection therewith and to provide such additional information as may be required. The Grantor's official
representative has sufficient authority to make all certifications on its behalf;
d. This Agreement does not and will not violate any provision of any applicable law,rule,regulation or order of
any court,regulatory commission,board or administrative agency applicable to the Grantor or any provision
of the Grantor's organic laws or documents;
e. This Agreement has been duly executed by an official representative of Grantor, delivered by Grantor, and
will constitute the legal,valid and binding obligations of the Grantor, enforceable in accordance with their
terms.
SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT
TERRACE GLEN
DocuSign Envelope ID:E82188BB-1311-4B1C-ABEE-4D67A1263CEA
SECTION 11. INDEPENDENT CONTRACTOR. Grantor acknowledges and agrees that it is acting
in its own independent capacity under this Agreement and not as an agent or subcontractor for the City. Grantor
assumes full responsibility for its own actions and shall provide for its own insurance and other compliance
responsibilities,including providing for its own workers'compensation and other insurance coverage,as needed.
SECTION 12. AMENDMENTS. This Agreement may be amended only by a written instrument
executed by the parties hereto or by their successors and duly recorded in the real property records of Washington
County.
SECTION 13. SEVERABILITY. If any provision of this Agreement shall be invalid, illegal or
unenforceable,the validity,legality and enforceability of the remaining portions hereof shall not in any way be affected
or impaired thereby.
SECTION 14. CONSTRUCTION. The parties to this Agreement acknowledge that each party and its
counsel have participated in the drafting and revision of this Agreement.Accordingly, the parties agree that any rule
of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendment,modification, supplement or restatement of the foregoing or of
any exhibit to this Agreement
SECTION 15. NO LIMITATIONS ON ACTIONS OF CITY IN EXERCISE OF ITS
GOVERNMENTAL POWERS. Nothing in this Agreement is intended,nor shall it be construed, to in any way
limit the actions of the City in the exercise of its governmental powers. It is the express intention of the parties hereto
that the City shall retain the full right and ability to exercise its governmental powers with respect to the Grantor,the
Project, the land,and the transactions contemplated by this Agreement to the same extent as if it were not a party to
this Agreement or the transactions contemplated thereby, and in no event shall the City have any liability in contract
arising under this Agreement by virtue of any exercise of its governmental powers.
SECTION 16. TIME IS OF THE ESSENCE. Time is of the essence in the performance of the
obligations of this Agreement
SECTION 17. NOTICES. Any notice required to be given hereunder shall be made in writing and shall
be given by personal delivery or first class mail, postage prepaid, at the addresses specified below, or at such other
addresses as may be specified in writing by the City or the Grantor:
To the City: City of Tigard
Finance and Information Services
13125 SW Hall Blvd.
Tigard,OR 97223
Attn: SDC Administrator
To the Grantor: Terrace Glen Housing Partners Limited Partnership
c/o Related/Terrace Glen Development Co.,LLC
18201 Von Karman Avenue,Suite 900
Irvine,CA 92612
[Signature Page to Follow/
SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT
TERRACE GI.IsN
DocuSign Envelope ID:E82188BB-1311-4B1C-ABEE-4D67A1263CEA
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized
representatives as of the day and year first above written.
CITY:
CITY OF TI worthytgon municipal corporation
By: 5134111r' os._.
Steve Rymer,City Manager
GRANTOR:
TERRACE GLEN HOUSING PARTNERS LIMITED PARTNERSHIP,
an Oregon Limited partnership
By: Related/Terrace Glen Development Co.,LLC
a California limi liability company,
its A ' tra ' General Partner
Signature
Name,Tide: Ann Silverberg,President
By: HAWC Terrace Glen LLC
an Oregon limited liability company,
its Managing General Partner
By: Executive Director,Housing Authority of Washington County,
its Manager
I it-: .
Signature
Name,Tide: Komi P.Kalevor,Executive Director
STATE OF OREGON )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this i. day of C¢nr►ba r , 2O2-t
by the Executive Director of the Housing Authority of Washington County,Komi P.Kalevor,the manager of
HAWC Terrace Glenn LLC,on behalf of the Grantor.
OFFICIAL STAMP /�
JACOB ROSALES
NOTARY PUBLIC-OREGON N. Public for the State of gijnt
COMMISSION NO.998506
MY COMMISSION EXPIRES MARCH 25,2024 My commission expires: 3/ 5/ q
SIC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREEMENT
TERRACE GLEN
CALIFORNIA •
ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of 'n CY C<SC C)
On G2Yr, ✓ �) ACO\ before me, 7{bd G 1 �ne \\GAv z , f y,},
Date Here Insert Name and Title of the Officer
personally appeared l `fl > �'��✓
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the` tiP BROQKE ELAMIE HARUKO NIURA laws of the State of California that the foregoing
i�O; MtaryP!!blic corn : paragraph is true and correct
s '�� San Francisco County
Commission t<May
26,4 WITNESS my hand and official seal.
"`"�� My Comm.Expires May I6,2025
Signature
Place Notary Seal and/or Stomp Above Signature of Notary Public
OPTIONAL
ICompleting this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer— Title(s): 0 Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General 0 Partner— ❑ Limited 0 General
❑ Individual ❑ Attorney in Fact 0 Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: —__-- ❑ Other: --- --
Signer is Representing: Signer is Representing:
‘2019 National Notary Association
DocuSign Envelope ID:E82188BB-1311-4B1C-ABEE-4D67A1263CEA
EXHIBIT A
LEGAL DESCRIPTION OF THE PROJECT
All that certain Real Property situated in the County of Washington, State of Oregon, described as follows:
PARCEL A:
The following described real property being a portion of Lot 5 of Block I of LEHMANN ACRE TRACTS,situated
in Section 26, Township 1 South, Range 1 West, of the Willamette Meridian, in the County of Washington and
State of Oregon,to-wit:
Beginning at an iron pipe, said iron pipe marking the Southeast corner of Lot 5,of Block I of LEHMANN ACRE
TRACTS; and running thence North 89°53'West 557.50 feet along the Southerly boundary line of said Lot 5,to
an iron rod marking the Southwest corner of said Lot 5; thence North 14°46' East 415.32 feet along the
Northwesterly boundary line of said Lot 5 to an iron pipe; thence South 44°00' East 281.25 feet to an iron pipe;
thence North 89°57' East 256.84 feet to an iron pipe set in the Easterly boundary Iine of said Lot 5;thence South
00°09'30" West 200.65 feet along said Easterly boundary line to the point of beginning of this description.
EXCEPT that portion of said Lot 5 conveyed to the City of Tigard, as disclosed by Dedication Deed recorded
August 18, 1988 as Recording No. 88-36677.
PARCEL B:
TOGETHER WITH Sewer and Storm Drain Easement, as described in the SEWER AND STORM DRAIN
EASEMENT AGREEMENT, by and between Teresa Frances Gipson, as trustee under the Gipson Family Trust
dated March 7,2019, and Terrance Glen Housing Partners Limited Partnership,recorded November 23, 2021,as
document no. 2021-122103.
PARCEL C:
TOGETHER WITH Sewer and Storm Drain Easement, as described in the SEWER AND STORM DRAIN
EASEMENT AGREEMENT,by and between Eddie Longoria and Emilya Rochelle Longoria,as Co-Trustees of
the Longoria Family Trust u/d/t August 29, 2019 and Terrance Glen Housing Partners Limited Partnership,
recorded November 23, 2021, as document no. 2021-122104.
SDC EXEMPTION FOR REGULATED AFFORDABLE I lOUSING AGREEMENT
"17'.RRACF GI,EN
DocuStgn Envelope ID:E82188BB-1311-4B1C-ABEE-4D67A1263CEA
EXHIBIT B
SCHEDULE OF SDCs EXEMPTED
System Exemption Amount
9650 SW Greenburg—West Building
City Transportation Improvement $276,477.64
City Transportation Reimbursement $15,913.62
Parks Improvement $366,687.50
Parks Reimbursement $86,097.80
Parks Neighborhood Improvement $136,737.00
Water NOT ELIGIBLE
Sanitary Sewer NOT ELIGIBLE
Stormwater NOT ELIGIBT.F
County Transportation Development Tax NOT ELIGIBLE
9660 SW Greenburg—East Building
City Transportation Improvement $227,230.00
City Transportation Reimbursement $13,082.00
Parks Improvement $283,712.00
Parks Reimbursement $66,712.00
Parks Neighborhood Improvement $105,090.00
Water NOT ELIGIBLE
Sanitary Sewer NOT ELIGIBLE
Stormwater NOT ELIGIBLE
County Transportation Development Tax NOT ELIGIBLE
Total Exemption $1,577,739.56
This SDC exemption is granted to the units located at the property address(es)listed below:
Project Name: Terrace Glen in Tigard,Oregon 97223
Street Address No. of Units Building Permit#
Address 1: 9650 SW Greenburg Rd 82 BUP2021-00186
Address 2: 9660 SW Greenburg Rd 62 BUP2021-00188
SDC EXEMPTION FOR REGULATED AFFORDABLE HOUSING AGREF.MF.NT
TERRACE GLEN