2017-050725 ~ Washington County,Oregon 2017-050725
D-IPPS
Stn=O Y LOPEZ 06/27/2017 09:00:31 AM
$35.00$11.00$5.00$20.00 $71.00
AFTER RECORDING RERN TO:
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
City of Tigard Officio County Clerk for Washington County,Oregon,do hereby
��
certify that the within instrument of writing was received and
Attn: City Manager, City Hall recorded in the book of records of said county.
13125 S Hall Blvd. Richard Hobernicht, Director of
Tigard, OR 97223
Assessment and Taxation, Ex-Officio
UNTIL A CHANGE IS REQUESTED
SEND TAX STA IhMENTS TO:
(NO CHANGE)
This space provided,for recorder's use.
REGULATORY AGREEMENT
(Home € wnership)
THIS REGULATORY AGREEMENT("Agreement") is entered into as of the day
of ehetee. , 201/, (the "Effective Date") between the City of Tigard ("City")and the Gary Sinise
Foundation (the "Developer").
RECITALS
A. The Developer is the current owner of certain real property located at
, in the City of Tigard, Oregon, legally described in Exhibit A (the "Property").
The Developer intends to construct a single-family dwelling unit ("Dwelling Unit")on the Property
(the "Project").
B. The City, on April 4, 2017, adopted Resolution No. 17-16, approving a waiver of
City Parks, Water, and Transportation System Development Charges, for the Project (the "SDC
Exemption").
C. Developer is a non-profit entity,whose mission includes constructing specially
adapted homes for United States service veterans ("Occupant")who have a "Qualifying Disability"
as defined in the United States Veterans Administration Manual in publication M26-12, and
providing residences for Occupants ("Program").
D. The Program requires the Developer to convey the Property to a Residence Trust,
which will own the Property for the benefit of the Occupant("Trust"),and also requires Occupant
to establish and maintain eligibility for the Program and enter into a Program Agreement. The Trost
and the Program Agreement are collectively referred to as the"Program Documents."
E. During the Term of this Agreement., to be eligible for the SDC Exemption,the City
will require the Trust to own the Property and Dwelling Unit and will further require the Occupant
to establish and maintain eligibility in the Program.
E. The Developer and the City desire to restrict the use of the Project and the Property
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AFTER RECORDING RETURN TO:
City of Tigard
Attn: City Manager, City Hall
13125 SW Hall Blvd.
Tigard, OR 97223
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
(NO CHANGE)
This space provided for recorder's use.
REGULATORY AGREEMENT
(Home Ownership)
fo
THIS REGULATORY AGREEMENT ("Agreement") is entered into as of the 4- day
offOrt , , 201/, (the "Effective Date") between the City of Tigard ("City") and the Gary Sinise
Foundation (the "Developer").
RECITALS
A. The Developer is the current owner of certain real property located at
, in the City of Tigard, Oregon, legally described in Exhibit A (the "Property").
The Developer intends to construct a single-family dwelling unit("Dwelling Unit") on the Property
(the "Project").
B. The City, on April 4, 2017, adopted Resolution No. 17-16, approving a waiver of
City Parks, Water, and Transportation System Development Charges, for the Project (the "SDC
Exemption").
C. Developer is a non-profit entity, whose mission includes constructing specially
adapted homes for United States service veterans ("Occupant")who have a "Qualifying Disability"
as defined in the United States Veterans Administration Manual in publication M26-12, and
providing residences for Occupants ("Program").
D. The Program requires the Developer to convey the Property to a Residence Trust,
which will own the Property for the benefit of the Occupant("Trust"), and also requires Occupant
to establish and maintain eligibility for the Program and enter into a Program Agreement. The Trust
and the Program Agreement are collectively referred to as the "Program Documents."
E. During the Term of this Agreement,to be eligible for the SDC Exemption,the City
will require the Trust to own the Property and Dwelling Unit and will further require the Occupant
to establish and maintain eligibility in the Program.
F. The Developer and the City desire to restrict the use of the Project and the Property
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as provided herein to assure that the terms to which they have agreed are fully implemented.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency for
which are hereby acknowledged, and in consideration of the promises and covenants contained
herein,the Developer does hereby impose upon the Project the following covenants, restrictions,
agreements, and obligations which shall run with the land and shall be binding and a burden upon
the Project and all portions thereof, and upon any purchaser, grantee, Developer or lessee of the
Project and any other person or entity having any right,title or interest therein and upon the
respective heirs, executors, administrators, devisees, successors and assigns of any purchaser,
grantee,Developer or lessee of the Project and any other person or entity having any right,title or
interest therein, for the length of time that this Agreement shall be in full force and effect.
Section 1. Definitions
In addition to other defined terms in this Agreement the following terms shall have the meanings set
forth below:
Occupant, defined above, also means any subsequent resident who, establishes and
maintains eligibility in the Program, and occupies the Dwelling Unit and the Property, which is
owned by a trust established for the benefit of the subsequent occupant, during the term of this
Agreement.
Trust, as defined above, also includes a Residence Trust established for any subsequent
Occupant of the Property.
Project, defined above, also includes buildings, structures, fixtures, equipment and other
improvements now or hereafter constructed or located upon the Property.
System Development Charges mean, for the purpose of this Agreement,the system
development charges imposed by the City for construction of the Project on the Property.
Section 2. Project Requirements
2.1 During the term of this Agreement, the Developer agrees to comply with each of the
following requirements: (i)the Trust shall own the Property and Dwelling Unit; and (ii)the
Occupant will establish and maintain eligibility in the Program.
2.2 The Developer shall not give or allow to be given any preference to any particular
group or class in selling the Dwelling Unit. The Developer shall not discriminate, nor allow
discrimination, in the provision of housing on the basis of race, creed, gender, national origin,
religion, marital status, sexual orientation, family status, age, disability, or the receipt of public
assistance,nor against any purchaser who is a parent or legal guardian with whom a child resides or
is expected to reside. Notwithstanding the foregoing, nothing herein shall prohibit the Developer
from transferring the Property to another Occupant who has a "Qualifying Disability" as defined in
the United States Veterans Administration Manual in publication M26-12.
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Section 3. Term. This Agreement shall become effective upon its execution and
delivery and shall remain in full force and effect until the Fifth (5th) anniversary of the Effective
Date ("Term").
Section 4. Covenants Run With the Property.
4.1 The Developer represents and warrants that the SDC Exemption provided by the
City is an inducement to the Developer to comply with this Agreement, and that the Developer has
induced the City to grant this SDC Exemption by promising to comply with this Agreement for the
full, stated Term of the Agreement. Therefore,the Developer covenants, agrees, and acknowledges
that the City is the beneficiary of this Agreement, and that the City has relied upon the
enforceability of this Agreement in determining to provide financial accommodations to the
Developer in relation to the Project.
4.2 The Developer hereby declares its express intent that, during the Term of this
Agreement, the covenants, restrictions, agreement, and obligations set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Developer's successors
in title, including all Owners and any other person or entity having any right,title, or interest therein
and upon the respective heirs, executors, administrators, devisees, successors and assigns of any
purchaser, grantee, or lessee of any portion of the Dwelling Unit, Property and Project and any other
person or entity having any right,title or interest therein. Each and every contract, deed or other
instrument hereafter executed covering or conveying the Property 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 other
instrument shall conclusively be held to have been executed, delivered, and accepted subject to such
covenants, regardless of whether or not such covenants are set forth or incorporated by reference in
such contract, deed, or other instrument.
Section 5. Events of Default. Any of the following shall be an event of default("Event
of Default")under this Agreement:
5.1 Failure to Comply with Covenants, Conditions,Agreements, or Obligations.
Developer fails to perform or abide by any covenant, condition, agreement, or obligation in this
Agreement, including, but not limited to the requirements in Sections 2, and such failure, to the
extent curable, is not cured within thirty(30) days after written notice from the City specifying the
default.
5.2 Default Under Other Loans. Developer defaults under any other loan (including
any construction, permanent, or bond financing) secured in whole or in part by the Property, and
fails to cure such default within any applicable cure period set forth in the loan documents relating
to such loan. If Developer cures a default under any other loan, that cure shall constitute a cure
under this Agreement, provided Developer is not in default of any other provision of this
Agreement.
Section 6. Rights and Remedies on Default. Upon the occurrence of an Event of
Default and at any time thereafter, City may, at its option, exercise any one or more of the following
rights and remedies:
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6.1 Payment of System Development Charges. Developer acknowledges that in
providing the SDC Exemption Amount, the City has foregone other opportunities to fund projects
that would have resulted in the long-term availability of affordable dwelling units. Accordingly,
Developer acknowledges that the enforceability of this Agreement is not specifically linked to the
SDC Exemption Amount, and that repaying the SDC Exemption Amount is not a sufficient remedy
for a breach, and does not relieve the Developer, of its duties under this Agreement. The amount the
Developer must repay shall be the cost of the System Development Charges which would be
imposed by the City for the construction of the Project, as of the date of the Event of Default,plus
related costs and fees as set forth in Section 6.3.
6.2 Performance of Obligations. City may also, by mandamus or other suit, action or
proceeding at law or in equity, sue to recover damages for Developer's breach of the Agreement,
require the Developer to perform its covenants, conditions, agreements, and obligations in this
Agreement, or to abate, prevent, or enjoin any acts or things which may be unlawful or in violation
of the rights of the City in this Agreement.
6.3 Money Damages. City may take such other action available at law, in equity, or
otherwise as may appear necessary to enforce the covenants, conditions, agreements, and/or
obligations of the Developer in this Agreement, in such order and manner as it may select,to
recover monetary damages caused by such violation or attempted violation of any covenant,
condition, agreement, and/or obligation. Such damages to include but not be limited to all costs,
expenses including but not limited to staff and administrative expense, fees including but not
limited to all reasonable attorneys' fees which may be incurred by the City or any other party in
enforcing or attempting to enforce this Agreement following any Event of Default on the part of the
Developer or their successors,whether the same shall be enforced by suit or otherwise; together
with all such costs, fees and expenses which may be incurred in connection with any amendment to
this Agreement or otherwise at the request of the Developer.
Section 7. Other.
7.1 Severability. The invalidity of any clause, part or provision of this Agreement shall
not affect the validity of the remaining portions hereof.
7.2 Notices. All notices to be given pursuant to this Agreement shall be in writing and
shall be deemed given when mailed by certified or registered mail, return receipt requested, to the
parties hereto at the addresses set forth below, or to such other place as a party may from time to
time designate in writing:
73 Governing Law,Venue. This Agreement shall be governed by the laws of the State
of Oregon. Venue shall be in the Circuit Court of Washington County, Oregon.
7.4 Assignment. The Developer may only assign its rights and obligations hereunder
with the written consent of City.
7.5 Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the parties and their respective permitted successors and assigns.
7.6 Time of Essence. Time is of the essence of each of the Developer's obligation under
this Agreement.
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7.7 Modification; Headings. This Agreement may not be modified or amended except
by an instrument in writing signed by the Developer and City. The headings in this Agreement are
for the purpose of reference only and shall not limit or otherwise affect any of the terms hereof.
7.8 Access to Records. City shall have the right to access to and inspect, examine, and
make copies of all of the books and records of the Developer pertaining to the Property, Dwelling
Unit, and the Project.
7.9 Recitals Contractual. The recitals contained in this Agreement are contractual.
7.10 Recording. This document shall be recorded in the real property records of
Washington County. Developer shall pay the recording fee.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their
respective, duly authorized representatives, as of the Effective Date.
CITY DEVELOPER
By: ( �/ B
Y
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Name: l`i i''La IW ' Na : Judi, L. 04-kis/Title: /'� , '` ratA 601 C' / Tit .,1GP.C,u. iVebi redly'
Address: 1,1J / /t ) k'44. Address:z,(70pOXN�'�t�-{-,�1,U�2
T7x61 ti t t c VlloodLandi I(&, c- 91.3107
STATE OF OREGON )
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County of kvS 6i/ )
This instrument was acknowledged before me on J-4-4 tt-e-- , 2017, by
43'1 utt n as 1455/s etn t 614ri MaAaciecof Ce4 7'Z��ircQ.
OFFICIAL STAMP
KELLY E BURGOYNE N TARP BLIC FOR O GON
NOTARY PUBLIC - OREGON Mycommission expires: r� a-b a--�
� si COMMISSION NO. 958991 p /
MY COMMISSION EXPIRES FEBRUARY 12,2021
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County of
This instrument was acknow - :frie r; a e on , 2017, by
as 404 of .
NOTARY PUBLIC FOR O' - ,
My commission expires:
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A notary public or other officer completing this certificate verifies only the identity of the
individual 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 LOS ANGELES )
On J of e 2D+171. , 2017, before me, 14 m �� , a Notary Public,
personally appeared J U4J{{'i L.qty , wh4 proveb me on this basis of satisfactory
evidence to be the person) whose name is/aye subscribed to the within instrument and
acknowledged to me that.l}e/she4liey executed the same in-1 s/her/them authorized capacityciesl,
and that by hi /her/their signature'on the instrument the person), or the entity upon behalf of
which the person14 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
:., KIMBERLY M. PAYNE
WITNESS my hand and official seal. o Commission#2082437
i7 Notary Public-California D
-p," Les Angeles County
/ Comm. res S 20 2018
Si ature o N tary Publi
(Notary Seal)