HomeMy WebLinkAboutAgreement A-24-632 - Amendment No. 2 to the Regulatory Agreement.pdf RECORDING REQUESTED BY
AND RETURN TO:
County of Fresno
205 W. Pontiac Way#2
Clovis, CA 93612
NO FEE FOR RECORDING PURSUANT
TO GOVERNMENT CODE
SECTIONS 6103 AND 27383
APN: 435-020-09 and 435-020-12
Agreement No. 24-632
SECOND AMENDMENT TO REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(Use, Income, and Rent Restrictions)
THIS SECONDAMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS(the"Amendment"), dated and effective December 3 , 2024
("Effective Date"), is made by Crossroads Village Fresno, LP,a California limited partnership
(the"Declarant" or"Declarants"), as the successor in interest to Crossroads LP, a California
limited partnership ("LP"), Blackstone Crossroads LLC, a California limited liability company
("Blackstone Crossroads LLC"), UPH Crossroads, LLC, a California limited liability
company ("UPH Crossroads, LLC"), and is hereby given to and on behalf of the Countyof
Fresno, a political subdivision of the State of California (the "County").
RECITALS
A. LP, Blackstone Crossroads LLC, and UPH Crossroads, LLC are parties to that
certain Regulatory Agreement and Declaration of Restrictive Covenants,dated as
of November 18, 2020, recorded in the Official Records of the County of Fresno
(the "County") on April 14, 2021, as Instrument No. 2021-00616669, and as
amended by that First Amendment to Regulatory Agreement and Declaration of
Restrictive Covenants,dated February 1, 2022, recorded in the Officials Records
of the Countyon January 13,2023, as InstrumentNo. 2023-0003345 (collectively,
60138966.1
the "Agreement"). All capitalized terms used herein and not otherwise defined
shall have the meanings ascribed to such terms in the Agreement.
B. County, RH Community Builders LP, a California limited partnership, and UP
Holdings, LLC, an Illinois limited liability company, dba UP Holdings California, LLC
are collectively the "Sponsor" under the Agreement.
C. Sponsor and Declarants mutually desire to modify the Agreement in accordance
with the terms, conditions and provisions of this Amendment.
AGREEMENT
NOW, THEREFORE, in consideration for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Term. The covenants in the Agreement shall be binding, effective, and
enforceable commencing upon the Effective Date of the Declaration, and they shall
continue in full force and effect for a period of fifty-five (55) years after the date of
recordation of the Declaration (the "Restricted Housing Period"), regardless of
any sale, assignment, transfer, or conveyance (including, without limitation, by
foreclosure sale) of the Property or any portion thereof.
2. Unit Mix. The Unit Mix attached as Exhibit B to the Agreement is amended and
restated with the Unit Mix attached hereto as Exhibit B.
3. Amendment, Modification. Neither the Declarant nor the County shall amend,
modify, waive, or release the Agreement, as amended, or any part of this
Agreement, as amended, without the prior and express written consent of an
authorized representative of the Department, which consent may be conditioned
or delayed in the Department's sole and absolute discretion. Any amendment,
modification, waiver, or release without the prior and express written consent of
the Department shall be void.
4. Counterparts. This amendment may be executed in identical counterparts, each
of which when so executed shall be deemed to be an original and all of which when
taken together shall constitute one and the same agreement.
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60138966.1
IN WITNESS WHEREOF, Declarant and the County has executed this Amendment, effective
the day and year first set forth above.
DECLARANT
CROSSROADS VILLAGE FRESNO, LP, a California limited partnership
By: HOM XXXI LLC, a Delaware limited liability company,
its Managing General Partner
By: Housing on Merit, a California nonprofit public benefit corporation
Its Sole Member
By.
J Vyi+ckett, Chief Executive Officer
By: Crossroads Village Fresno, LLC, a California limited liability company
Its Administrative General Partner
By: UP Holdings, LLC, an Illinois limited liability company, dba
Up Holdings California, LLC, its Managing Member
By:
Cullen J. Davis, Manager
By: RHCB Crossroads LLC, a California limited liability company,
its Member
By: RH Community Builders LP, a California limited partnership,
its Sole Member
By: RBH LLC, a California limited liability company,
its General Partner
By:
Wayne Rutledge
Manager
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60138966.1
IN WITNESS WHEREOF,Declarantand the County has executed this Amendment,effective
the day and year first set forth above.
DECLARANT
CROSSROADS VILLAGE FRESNO, LP, a California limited partnership
By: HOM XXXI LLC, a Delaware limited liability company,
its Managing General Partner
By: Housing on Merit, a California nonprofit public benefit corporation
Its Sole Member
By:
Jaymie Beckett, Chief Executive Officer
By: Crossroads Village Fresno, LLC, a California limited liability company
Its Administrative General Partner
By: UP Holdings, LLC, an Illinois limited liability company, dba
Up Holdings California, LLC, its Managing Member
By:
ullen J. Davis, Manager
By: RHCB Crossroads LLC, a California limited liability company,
its Member
By: RH Community Builders LP, a California limited partnership,
its Sole Member
By: RBH LLC, a California limited liability company,
its General Partner
By:
Wayne Rutledge
Manager
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60138966.1
IN WITNESS WHEREOF, Declarant and the County has executed this Amendment, effective
the day and year first set forth above.
DECLARANT
CROSSROADS VILLAGE FRESNO, LP, a California limited partnership
By: HOM XXXI LLC, a Delaware limited liability company,
its Managing General Partner
By: Housing on Merit, a California nonprofit public benefit corporation
Its Sole Member
By:
Jaymie Beckett, Chief Executive Officer
By: Crossroads Village Fresno, LLC, a California limited liability company
Its Administrative General Partner
By: UP Holdings, LLC, an Illinois limited liability company, dba
Up Holdings California, LLC, its Managing Member
By:
Cullen J. Davis, Manager
By: RHCB Crossroads LLC, a California limited liability company,
its Member
By: RH Community Builders LP, a California limited partnership,
its Sole Member
By: RBH LLC, a California limited liability company,
its General Partner
By:
Wayn Rutledge
Man, er
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60138966.1
COUNTY OF FRESNO
COUNTY OF FRESNO,
a political subdivision of the State of California
By:
Nathan Magsig
Chairman of the Board of Supervisors
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60138966.1
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 the document.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On oc,k 29 , 2024, before me, s u Y u u w , N u t u ry u►� c notary
public, personally appeared 4(kjNjk qtLV-tk-t who proved to me on the
basis of satisfactory evidence to b ('the person whose name() is/a subscribed to the
within instrument and acknowled ed to me th �e/she/tey executed the same in
h�/her/th�r a thorized capacity(i , and that by is/her/th�r signatures on the instrument
the person(C , or the entity upon behalf of which the person/-� 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.
WITNESS my hand and official seal.
Signature
(SEAL) Jtsu YOON
aCOMM. #2470737 z
'.@DNotary Public - CaliforniaLos Angeles CountyComm.Expires Nov. 11,2027
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60138966.1
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, orvalidity of the document.
STATE OF GAN€-®R-P�d I� )
COUNTY OF LeS-A�L )
On at c-( -2 q , 2024, before me, A i I�5 1 �.ic 't� , notary
public, personally appeared ,Utae/Yt S -a'rj „ 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 signatures on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
sscc,
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I certify under PENALTY OF PERJURY under the laws of the State of Ga4fer-n4a that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ALLISON LIANG
(SEAL) Official Sea!
LNt:ary Public State of Illinois
ission Expires Mar 9, 2025
S -4
60138966.1
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 the document,
STATE OF CALIFORNIA
COUNTY OF LQ�-A GE�ES
On )D '
202 before me A 'Am L 14t-vo�-e-/ notary
public, personally appeared 'C who proved to me on the
basis of satisfactory evidence to be the person(s) whibse 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 signatures 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 laws of the State of California that the
foregoing paragraph is true and correct.
WIT S and official seal.
7Zm
Signature
ALLIS N L.MOORE
(SEAL) COMM. #2�335733 z
,a, Nolary Public=-California
Fresno County`
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COMM. ��M res�Nu
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EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
The land referred to is situated in the County of Fresno, City of Fresno, State of California,
and is described as follows:
Parcel A of Lot Line Adjustment No. 2018-08, recorded May 9, 2018, as Document No.
2018-0054790 of Official Records of Fresno County, and more particularly described as
follows:
The North one-half of the Northeast quarter of the Southeast quarter of Section 21,
Township 13 South, Range 20 East, Mount Diablo Base and Meridian, in the City of
Fresno, County of Fresno State of California, according to the official Plat thereof.
Excepting therefrom the East 55 feet thereof,
Also excepting therefrom the North 183.41 feet of the East 397.00 of the North one-half of
the Northeast quarter of the Southeast quarter of said Section 21.
Also excepting therefrom the South 63.00 feet of the North 246.41 feet of the East 325.00
feet of the North one-half of the Northeast quarter of the Southeast quarter of said Section
21.
Also excepting therefrom any portion lying within the West 20 acres of the East three
quarters of the North one-half of the North one-half of the Southeast quarter of the said
Section 21.
Also excepting therefrom the South 205 feet of the East 230 feet thereof.
Together with Easterly 30.00 feet of the West 20 acres of the East three quarters of the
North one half of the North one half of the Southeast quarter of Section 21, Township 13
South, Range 20 East, Mount Diablo Base and Meridian.
APN: 435-020-09 and 435-020-12
A - 1
60138966.1
EXHIBIT B
Unit Mix
Crossroads Village APN: 435-020-09 & 435-020-12
3737 N Blackstone Avenue
Fresno, CA 93726
County of Fresno
Enter the number of doors by bedroom size and income level.
# of Income Limit
Bedrooms # of Doors HK Restricted (% of AMI)
0 (Studio) 53 53 30%
1 42 42 30%
2 38 38 30%
3 8 8 30%
1 1 Manager
2 1 Manager
Total 143 141
B - 1
60138966.1
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 Fresno
On 12104/2024 before me,rya in &IMiSten.Notary PubIiC
Date Here Insert Name and Title of the Officer
personally appeared
N e( 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
laws of the State of California that the foregoing
CYAN EZISTEN paragraph is true and correct.
Notary Public.CalffwT"
Fresno County _ WITNESS my hand and official seal.
Commission Y 2329899
+a'.:Wm.Esiifes Jan 1,2026
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
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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): ❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
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