HomeMy WebLinkAboutRESOLUTIONS-2015-074-R-157/10/2015
74-R-15
A RESOLUTION
Authorizing the City Manager to Execute an Amendment to the
Development and Affordable Housing Agreement to Change the
Income Restrictions for Purchasers of the Residential Property
Located at 1941 Jackson Avenue
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Manager is hereby authorized to execute the First
Amendment to the Development and Affordable Housing Agreement attached hereto as
Exhibit 1 and incorporated herein by reference, by and among the City, Evanston
Township High School District No. 202, and Community Partners for Affordable Housing
to amend the income limits for potential purchasers of the newly constructed residential
home on the Subject Property.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions or amendments to the Development and Affordable
Housing Agreement as he may determine to be in the best interests of the City and in
conformance with the authorization in this Resolution.
SECTION 3: This Resolution 74-R-15 shall be in full force and effect from
and after its passage and approval in the manner provided by law.
Eli eth B. Tisdahl, Mayor
Attes
R ney Gre e, City Perk
Adopted: ��,�� � 2015
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74-R-15
74-R-15
EXHIBIT 1
First Amendment to the Development and Affordable Housing Agreement by
and among the Evanston Township High School District No. 202, Community
Partners for Affordable Housing and the City of Evanston
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FIRST AMENDMENT TO DEVELOPMENT AND AFFORDABLE HOUSING
AGREEMENT
THIS FIRST AMENDMENT to the DEVELOPMENT AND AFFORDABLE
HOUSING AGREEMENT (this "First Amendment") is made as of the day of
, 2015, by and among THE CITY OF EVANSTON, an Illinois municipal
corporation (hereinafter referred to as "City"), COMMUNITY PARTNERS FOR
AFFORDABLE HOUSING, an Illinois not -for -profit corporation (hereinafter referred to as
"CPAH"), and EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202 ("ETHS").
The City, CPAH, and ETHS shall be referred to collectively as the "Parties".
WITNESSETH
WHEREAS, the City of Evanston owns real property located at 1941 Jackson
Avenue, Evanston. Illinois, 60201 and legally described in Exhibit A, attached hereto and
incorporated herein by reference (the "Subject Property"); and
WHEREAS, the City acquired the Subject Property through its Neighborhood
Stabilization Program ("NSP2") to implement the Development and Affordable Housing
Agreement ("Agreement") between the City, ETHS and CPAH); and
WHEREAS, ETHS constructed the home that was contemplated in the
Agreement through the Geometry in the Classroom program, the structure has been relocated to
the Subject Property and the property is ready to be marketed to potential buyers; and
WHEREAS, the Agreement sets guidelines for CPAH to manage the Subject
Property going forward to ensure that the Property is affordable for buyers, including in Section
5(D) of the Agreement contains income restrictions for buyers and the Parties seek to amend the
income restrictions stated by execution of this First Amendment and all other terms remain the
same,
NOW THEREFORE, in consideration of the mutual observance of the covenants,
conditions and promises set forth below and in consideration of the sale of the Real Estate, of
TEN DOLLARS ($10.00) and for additional consideration, the receipt and sufficiency of which
are hereby mutually acknowledged, the parties agree as follows:
A. AGREEMENT IN FULL FORCE AND EFFECT: DEFINITIONS
The Parties acknowledge and agree that this First Amendment shall supercede, control
and be deemed to modify the terms of the Agreement. In the event of any conflict between the
terms and conditions of this First Amendment and the terms of the Agreement, ,he Parties
unconditionally agree that the terms and conditions of this First Amendment shall supersede,
prevail and dictate. Any term or condition of the Agreement not addressed within this First
Amendment shall remain in full force and effect. The above -referenced recitals are incorporated
herein.
B. INCOME RESTRICTIONS
Section 5(D) language shall be redacted in full and replaced by the following language:
D. Sale of Subject Property to CPAH. CPAH shall take all necessary actions to sell the
Subject Property in accordance with the terms of this Agreement. CPAH shall be
responsible for maintaining the affordability of the Subject Property and shall limit the
sale of the Subject Property to households whose income does not exceed 120% of the
Chicago Metropolitan Statistical Area Median income, as determined annually by the
U.S. Department of Housing and Urban Development, adjusted for family size.
III. COUNTERPARTS
This First Amendment may be executed in several counterparts, each of which shall be
deemed an original, and all of which shall constitute but one and the same instrument. For
purposes of this First Amendment, facsimile and scanned signatures shall be considered the same
as original signatures and shall be treated as valid and binding upon the parties hereto, provided,
however, the parties shall exchange original signature pages as reasonably promptly following
execution hereof.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the
day and year first above written.
COMMUNITY PARTNERS FOR CITY OF EVANSTON
AFFORDABLE HOUSING
Print Name:
Its:
EVANSTON TOWNSHIP HIGH SCHOOL
DISTRICT NO. 202
IM
Print Name:
Its:
2
Print Name: Wally Bobkiewicz
Its: City Manager
EXHIBIT A
DEVELOPMENT AND AFFORDABLE HOUSING AGREEMENT
Execution Copy
DEVELOPMENT AND AFFORDABLE HOUSING AGREEMENT
THIS DEVELOPMENT AND AFFORDABLE HOUSING AGREEMENT (the
"Agreement") is between the BOARD OF EDUCATION OF EVANSTON TOWNSHE? HIGH
SCHOOL DISTRICT NO.202, Cook County, Illinois ("ETHS'l the CITY OF EVANSTON, an
Illinois municipal corporation and home rule unit as described in the Illinois Constitution (the
"City', and COMMUNITY PARTNERS FOR AFFORDABLE DOUSING, an Illinois not -for -
profit corporation ("CPAH"). Collectively ETHS, the City, and CPAH are referred to as the
"Parties".
W1TNESSETH
WHEREAS, Pursuant to `lie terms of a Letter of Commitment dated July 14, 2009,
between the City and Brinsh6re Development, L.L.C, ("Brinshore"), the City and Brinshore
partnered to submit an application (ID#803931969) to the United Sates Department of Housing
and Urban Development ("HUD") for funding under the Neighborhood Stabilization Program 2
("NSP Program"); and
WHEREAS, HUD awarded NSP2 Grant Number B-09-LN-IL-0026 to the City on
February 11, 2010 in the amount of $18,150,000.00, pursuant to a development application to
HUD (the "NSP Grant"); and
WHEREAS, the NSP Grant is intended to be used to finance, in part, the foI.lowing
activities: the acquisition, rehabilitation and/or development, leasing and/or sale of a minimum of
100 single-family, multi -family, and condominium units located within census tracts 8092 and
8102 that meet guidelines adopted by HUD (the "Scattered Site Development"); and
WHEREAS, Brinshore purchased certain real property commonly known as 1941
Jackson, Evanston, Illinois, with funds from the NSP Grant to carry out the objectives of the
Scattered Site Development (the "Subject Property"); attached as Exhibit I is the legal
description of the Subject Property; and
WHEREAS, CPAH is a non-profit corporation devoted to providing affordable
housing in communities in the northern suburbs of Chicago and seeks to aid the City in achieving
its goals and objectives for the Scattered Site Development; and
WHEREAS, ETHS offers to its students a class known as Geometry in Construction
which seeks to explore alternative channels and methods for educating students outside of a
traditional classroom setting on various subject matters such as design, mathematics, technical,
and construction related subjects; and
WHEREAS, the City, ETHS, and CPAH desire to enter into this Agreement to
memorialize a partnership between the Parties for the construction of a single-family home by
ETHS students and staff, to be placed on the Subject Property post -construction (the "Project"),
which will be available as affordable housing to qualified 'individuals; and
WHEREAS, the Parties wish to associate, cooperate, and enter into a development
agreement to define the rights and responsibilities regarding the Project; and
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WHEREAS, this Agreement shall be executed in addition and shall have no effect
upon any other mutual aid agreements or other agreements between the Parties;
NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual
covenants and undertakings hereinafter set forth, the receipt and sufficiency of which are hereby
acknowledged, it is agreed between the Parties, as follows:
Section 1. Recitals. The Parties have relied upon the recitals first written above, and
they are hereby incorporated into this Agreement by reference.
Section 2. General Requirements.
A. Administration of Agreement. The City Manager, or the City Manager's designee,
shall administer . this Agreement on behalf of the City, the ETHS' Superintendent, or
Superintendent's designee, shall administer this Agreement on behalf of ETHS, and CPAH's
Executive Director, or the Executive Director's designee, shall administer this Agreement on
behalf of CPAH.
B, Costs. The Parties acknowledge that each Party shall bear their own costs and
expenses incurred to comply with the terns of this Agreement and performance obligations for
the Project. The Parties shall bear their own attorneys' fees and costs for any and all dispute
resolution and/or litigation.
C. Sunzlementary Documents. The Parties agree to cooperate fully, to execute any
and all supplementary documents, and to take all additional actions which are consistent with
and which may be necessary or appropriate to give full force and effect to the basic terms and
intent of this Agreement.
D. Default. In the event of any substantive breach of the terms and conditions of this
Agreement, the aggrieved Party shall notify the Party alleged to be in breach of the nature of the
breach. The Party alleged to be in breach shall have ten days to cure the breach; if the nature of
the breach is such that a cure cannot reasonably be effected within ten days, the Party alleged to
be in breach shall not be held in default so long as it commences a cure in the ten day period and
diligently pursues completion of the breach. Upon default of this Agreement, the non -defaulting
Party shall have all legal and equitable remedies arising from the breach.
E. Indemnification.
1. ETHS Indemnification. To the extent authorized by the laws of the State
of Illinois, ETHS shall indemnify and hold the City and CPAH harmless agains any and
all claims, demands, damages, liabilities, and costs incurred by the City and CPAH which
resulted from any negligent act or omission of ETHS, its employees, or agents pertaining
to its activities and obligations under this Agreement.
2. City Indemnification. To the extent authorized by the laws of the State of
Illinois, the City shall indemnify and hold ETHS and CPAH harmless against any and all
claims, demands, damages, liabilities, and costs incurred by ETHS and CPAH which
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resulted from any negligent act or omission of the City, its employees, or agents
pertaining to its activities and obligations under this Agreement.
3. CPAH indemnification. To the extent authorized by the laws of the State
of Illinois, CPAH shall indemnify and hold ETHS and the City harmless against any and
all claims, demands, damages, liabilities and costs incurred by ETHS and the City which
resulted from any negligent act or omission of the CPAH, its employees, or agents
pertaining to its activities and obligations under this Agreement.
Section 3. ETHS Role and Resi)onsibiliiies.
. A. ETHS to Construct Proiect Home. ETHS students and staff members shall
construct a one-story single family home that is approximately 1,200 — 1,500 square feet in size
(the "Project Home!). All aspects of the construction will be coordinated and supervised by
ETHS, including installation of all improvements and fixtures in compliance with all applicable
codes and regulations. ETHS shall coordinate and perform: all aspects of the construction in an
efficient, workmanlike, and safe manner in compliance with all federal, state, and local laws and
regulations. The Project construction phase will take place entirely on ETHS property (1600
Dodge Avenue, Evanston, Illinois),
B. Duration of Construction. After construction has commenced, ETHS projects that
construction will last for 12 months. Subject to Force Majeure, ETHS shall use due diligence
and commercially reasonable efforts to ensure completion by September 30, 2014.
C. Relocation of Proiect Home. ETHS shaL cause the Project Home to be relocated
from ETHS property to the Subject Property for final installation.
D. ETHS Site Work. ETHS shall perform site work (including final grading and
other necessary preparatory work) on the Subject Property to allow for the Project Home to be
installed, consistent with Exhibit 2, schematic drawings.
E. Garage and Grounds. The existing garage located on the Subject Property will not
be demolished or rebuilt by ETHS, but ETHS may make improvements to the garage aad install
landscaping on the Subject Property that comply with City ordinances.
F. Permits. ETHS shall be responsible for obtaining all building and occupancy
permits for the Project and for the Project Home to enable it to be occupied on the Subject
Property.
G. ETHS Costs. All costs for the construction of the Project Home and its placement
on the Subject Property will be borne by ETHS, including but not limited to construction
materials, permit fees, labor costs, and removal expenses from the School District Property to the
Subject Property. ETHS will pay the Tax Credit Application Fee and Reservation Fee to the
Illinois Housing Development Authority, as defined in section 5.A below.
H. Insurance. During the term of this Agreement, ETHS, at its sole cost and expense,
and for the benefit of the City and CPAH, shall carry and maintain comprehensive general
liability and property damage insurance, insuring against all liability of ETHS arising out of its
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involvement in constructing and relocating the Project Home, with a minimum combined single
limit of Two Million ($2,000,000.00) dollars per occurrence. 1n addition, ETHS shall keep and
maintain Workers' Compensation insurance covering all costs, statutory benefits, and liabilities
under State Workers' Compensation and similar laws for ETHS' respective employees. The
comprehensive general liability and property damage insurance policy shall name the City,
CPAH, and their respective Boards, Board members, employees, agents, and successors as an
additional insured. ETHS shall provide the City and CPAH with certificates of insurance
evidencing the existence of the coverage described above, including form and deductibles. The
School District's obligation to provide insurance under this Agreement and name the City and
CPAH as an additional insured shall terminate upon CPAH's transfer of title of the Subject
Property in accordance with Section 5.1) of this Agreement.
Section 4. City Role and Responsibilities.
A. City insaection. City staff members will inspect the Project during construction
and the finished Project home prior to its removal from the ETHS property to ensure compliance
with all applicable codes and regulations.
B. City Site Work. The City shall not be responsible for any site work on the
Subject Property. Site work is the sole responsibility of ETHS.
C. City to Obtain Title to Subject Property. Prior to ETHS removing the Project
Home to the Subject Property and no later than December 1, 2013, the City shall obtain title to
the Subject Property from Brinshore and shall obtain a title policy from Chicago Title insurance,
or other title company agreeable to the Parties, showing the City as the fee simple title holder of
the Subject Property. All closing costs and title policy costs shall be paid by ETHS and ETHS
shall reimburse the City for any expenses related to the closing, except for attorneys' fees.
D. City to Transfer Title of Subject Property to CPAH. After the installation of the
Project Home and the issuance of a certificate of occupancy for the Project Horne, the City shall
donate the Subject Property at no cost to CPAH. The City shall transfer the Subject Property at
the office of Chicago Title Company, or other title company agreeable to the City and CPAH.
The conveyance shall be by quit claim deed conveying fee simple title to the Property. At the
closing; the City and CPAH shall deliver all necessary closing documents to allow for the
transfer of the title to the Subject Property to CPAH and to enable the title company to issue a
title policy that shows CPAH as the owner of the Subject Property. CPAH and the City shall
equally share all closing expenses. The closing shall occur no later than September 30, 2014. All
closing costs and title policy costs shall be paid by ETHS and ETHS shall reimburse the City for
any expenses related to the closing, except for attorneys' fees.
E. Sale of Tax Credits. As provided in Section 5.13 of this Agreement, the City
desires to receive Illinois Affordable Housing Tax Credits from the Illinois Housing
Development Authority, as defined in Section 5.A below in exchange for the transfer of the
Subject Property to CPAH. If the City is successful in receiving Tax Credits, the City, with
CPAH's assistance, will obtain at least three offers from banks and/or other institutions for the
purchase of the Tax Credits and shall sell the Tax Credits to the institution that makes the highest
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offer. The City will then donate the proceeds from the Tax Credit sale to the School District for
the Geometry in Construction class.
Section 5. CPAH Role and Responsibilities.
A. CPAH to ADnly for Tay: Credits.. CPAH will act as the eligible Project Sponsor
and apply for Illinois Affordable Housing Tax Credits (the "Tax Credits") from the Illinois
Housing Development Authority prior to the City donating the property to CPAH.
B. Sale of Tax Credits, If CPAH, acting as the Project Sponsor, is successful in
securing an allocation of Tax Credits, CPAH will assist the City in selling the Tax Credits to a
third party in accordance with section 4.1) of this Agreement.
C. Declaration of Covenants. Conditions. and Restrictions. Prior to CPAH's sale of
the Subject Property, CPAH will record a declaration of covenants, conditions, and restrictions
applicable to the Subject Property in substantially the form attached as Exhibit 3 to this
Agreement
D. Sale of Subiect Prooerty by CPAH. CPAH shall take all necessary actions to sell
the Subject Property. CPAH. shall be responsible for maintaining the affordability of the Subject
Property and shall limit the sale of the Subject Property to households earning less than 6011/6 of
the Chicago Metropolitan Statistical Area Median Income, as determined annually by the U.S.
Department of Housing and Urban Development, adjusted for family size.
E. Donation_ of Sale Proceeds to ETHS. Within 14 days after CPAH's receipt of the
proceeds from the sale of the Subject Property, CPAH will donate all proceeds from the sale of
the Subject Property to the School District for the Geometry in Construction class minus any
costs incurred by CPAH and approved by ETHS in writing.
Section 6. Miscellaneous.
A. Notices. All notices required to be given hereunder shall be in writing and shall be
properly served on the date delivered by courier or on the date deposited, postage prepaid, with
the U. S. Postal Service for delivery yia certified mail, return receipt requested, addressed:
Tf to ETHS:
Dr. Eric Witherspoon
Superintendent
1600 Dodge Avenue
Evanston, IL 60201
William Stafford
Chief Financial Officer
1600 Dodge Avenue
Evanston, IL 60201
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Brian Crowley
Franczek Radelet
300 South Wacker, Ste.
3400
Chicago, IL 60606
100D225,2
J f to City:
Wally Bobkiewicz
City Manager
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
If to CPA H.
Director of
Community
Development Dept.
2100 Ridge Avenue
Evanston, IL 60201
Robert Anthony
Executive Director
400 Central Avenue, Suite #11I
Highland Park, IL 6003 5
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W. Grant Farrar
Corporation
Counsel
City of Evanston
2100 Ridge
Avenue
Evanston, IL
60201
B. Binding Agreement. This Agreement shall be binding on and shall inure to the
benefit of the Parties, their respective successors; and assigns.
C. Amendments and Modifications. No amendment or modification: to this
Agreement shall be effective until it is reduced to writing and approved and executed by the
Parties to this Agreement.
D. Governine Laws. This Agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Illinois.
E. Authority to Execute. The Parties warrant and represent that the persons executing
this Agreement on their behalf have been properly authorized to do so.
F. Interpretation. This Agreement shall be construed without regard to the identity
of the Party who drafted the various provisions of this Agreement. Moreover, each and every
provision of this Agreement shall be construed as though all Parties participated equally in the
drafting of this Agreement. As a result of the foregoing, any rule of construction that a
document is to be construed against the drafting Party shall not be applicable to this Agreement.
G. Rights Cumulative, Unless expressly provided to the contrary in this Agreement,
each and every one of the rights, remedies, and benefits provided by this Agreement shall be
cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law.
H. No Third Party Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person, firn, or corporation shall be made, or be valid, against the Parties.
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I. Entire Agreement. It is understood and agreed that all understandings and
agreements between the Parties are merged in this Agreement and no Party is relying upon any
statement or representation not embodied in this Agreement. Each Party expressly acknowledges
that, except as expressly provided in this Agreement; the other Parties and the agents and
representatives of the other Parties have not made, and the other Parties are not liable for or
bound in any manner by, any express or implied warranties, guaranties, promises, statements,
inducements, representations, or information pertaining to the transaction contemplated hereby.
J. Assignment. This Agreement cannot be assigned by any Party without the written
consent of the other Parties and should any assignment be made by one Party without the written
consent of the other Parties, such assignment will be null and void.
K. Calendar Days and Time. Unless otherwise provided in this Agreement, any
reference in this Agreement to "day" or "days" shall mean calendar days and not business days.
If the date for giving of any notice required to be given, or the performance of any obligation,
under this Agreement falls on a Saturday, Sunday, federal, State, or ETHS holiday, then the
notice or obligation may be given .or performed on the next business day after that Saturday,
Sunday, federal, State, or ETHS holiday.
L. Exhibits. Exhibits 1, 2, and 3 are incorporated into and made part of this
Agreement.
M. Captions. The captions at the beginning of the several sections, respectively, are
for convenience in locatng the contents, but are not part of the context.
N_ Counteroart Signatures. For the convenience of the Parties, this Agreement may
be executed in similar counterparts, each counterpart shall be deemed an original instrument, and
such counterparts taken together shall constitute one and the same.
O. Effective Date. The Agreement shall be deemed dated and become effective on
the date the last of the Parties signs as set forth below the signature of their duly authorized
representatives.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as set forth below.
BOARD OF EDUCATION OF
EVANSTON TOWNSHIP HIGH SCHOOL
DISTRICT NO.202:
By:
Superintendent
Date:
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Emwades Cox
t. Entire Ate. It is undesstoad and agreed dint all rmdaristcatmdmp and
agromnents between the dies are nnpd in this Agent and no Party to ralymg upon any
statement or representation not embodied in this Agrement. Each Patty exprowly acknowledges
dig, except as cqpressly provided in &iff fit, the ot3xer Pa lies and $te and
zepzeseptativos of the otter Perhm have: not pie, and the o&tT Partim are not liable for or
bound in any r an = by, any expos or imap1W wa rran ioa, guaranties. prvnnises, statements,
eta, . f^ or k ormation pertaining to the transacti= mahmplaW hereby.
7. AadgaMM This Agent cannot be as6gwd by any Party without the written
tonsent of the other Parties and ahae" any assign be me& by one Party wifimrt the writtrm
consent of the odw Parties, such heart will be null wd void.
IC. Calmdar Days and lium Wen ed=wisc provided in tbu Agreement, my
refemnoe in this Agreement to "day'° or "days" shall mean oalandar days and not buusiness dnya.
If the date for giving of any natim required to be given, or the perfurmmr w of aruy dbligiafiM
under this Agtwncot Ailb on a Saturday, Sunday, federal, Statc, or BTHS holiday, then the
notice or obligation may be given or peal on the act business day after fivA Satuzfty,
Swuiay, fe &md, Stets, or F TiM holiday.
L . 13xb bits 1, 2, and 3 are into and made part of flue
Avvemeot
M. gqp§= The c Wtions at the beginning of the unvonal motions, respectively, are
for convenience in locating the o=u mts, but are not part of The cmt mt.
N. Qmom= ffW&MMM. For the convey of tho Parties, this Agent may
be wed is similar conntcsparts, each co nierpaat shall be deemed an ongBaal instrument, and
such cDudexpatft taken together shell constitute one and the sane.
O. Effective Date. The Agremutat shall be desired dated and become wive on
Or. dale the last of the Parties signs as set forth below the g4pabur of their duly antJroriZed
regnsves.
IN ®V7i't`) M WM=F, the Parties hereto have cmued flits Agreement to be
executed as sex for& below.
BOARD OF EDUCATION OF
EVANSTON TO IN6`>i M MM COOL
D1SMC71r NO.202:
By.
Strp�t�dent
Data: /0 9
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CITY OF EE'VANSTON-
By:
City Manager/f
Date: �71V
COMMUNITY PARTNERS FOR
AFFORAPME HOUSIN
-txecutive Director
Date: I o I y 6 /,_
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EXHIBIT 1
LEGAL DESCRIPTION
THE NORTH 30 FEET OF LOT 15 AND THE SOUTH 10 FEET OF LOT 16 IN BLOCK
5 INGRANT AND JACKSON'S ADDITION TO EVANSTON A SUBDIVISION IN THE
SOUTH PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 41 NORTH, RANGE 13 EAST OF TIN THIRD PRINCIPAL MERIDIAN
AND PAR TOF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS.
Permanent Real Estate Index Nnmber(s): 10-13-211-002-0000
Address of Real Estate: 1941 Jackson Avenue, Evanston, Illinois 60201
1GOD sz
SCHEMATIC DRAWINGS
[To be inserted at a later slate]
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Symbol List
(p
Iooptexowet
Symbol
GFI
IGmuno Pooit sowrtupter '
.. .:I 3,+W�
I-Mmwayse+tch
b
I cw" mowed tight mt—
Iwagtfevntad tfgM WM
M-
i
o
nssca
rtcoUgnt sL evra
- ���fowexent
d
o--.—.-.
tent rl+zvm `I
..
IammscMn
e
'
• i
R Isnip
M Rawster
�.
p
-
RAG
Ilmtom Atr Grol
':
n�D
lSoahe/CO tloleaor
;Telopiwn Mta lads
h
I
Raft w
bLHCTRTCAL FIXTURESCHWUTA
.
Type
MfAfodti
Qwtlty
Looedoh
S"or V ltft cet dirmnable
Hedo LSD, or oqusl
7
6. kec wA, dlmnwbla
lialatm of equall
2
$alhMM
worpfwf forwetlocaltow
Cw"tingmldemorirxam
Tobcsekcted
6
Various
(install fa ratod boxes in badroom5 whe*er or not fern are sdwtd)
-
Well mud CFl, or i„oand
Tobosolootod
2
6tthromos
RA—t fan with 11CM
Paaasotdo"Whisper w-dite"or egaal
2
Aathrooms
100 dM
Undorenbmdtosk10ting
Toboaaletted
VIP
Kitaban
Fxteriorwallmoonttd
Tob".iwtd
2
Atez"ordoms
Cis orWWI MtdRuoreseent
Alkoo "We b,.Irorequal
6
Closets
o
141
X
:�bua�'s ior�3` rc
m
47 1
i
t�r%L• .Evhl:l .. _ .
F"vtW'aa`xzA�Ehm4 t emnlintA .• ..
<° : MOO
x[etopdt{ no a+idena oS N`
igtPtancsatdte �eN, lsandee0ingsdta bonseainthis9wlwgs"'lt, rs
d�q, ahltrmEYS e"d }. - t. nndra^pO CR1na is a Ra as
wntinuovs. tevnl pgfn roap�taitch�l" gply�atlun•
ot2•inah ha` am att comiag � otli ia2r00"d and G"bbed A , to p, [Palasat mitiay .
d)At airaning9 mbpsp'ble maw1ei-a agsball watist is }ntnts,or 140 2.yHs'ailo ,WbtWsxaaca sa .lost alenttc tilt, taaadrY .
. eaithyg and Goor iMT.1.p es �"oC Aoh mt� taroi^ls bao!cad by �t erd °r v, i, tobo aak ecudbY °`•mnuwM na'a�d' ama6pe bzeke[board i'vorocR"ot
°) 0ticknes rma ee Ovnact is to
ptiS two• plstandp lswidtl jiaelt gYtaq°t �,�„ - mpt i$° floor aadtahfsh oroant rile .
'fZ 1 irnntror.of woodri tdcteboa'a, l bathtwm eetvinYl• toy"a'inntone bid8sanallo,'^'" .' 01
_ gYSCIPt " no@ ot23i12' i�yaas of 3ta' hW de it+cst the mU^ to mot:. etoseItobo sn ins., UP nra i and;nsaP dla, tasb;s ro tarp-'v°
_ on,dtt A105. Otte50Mne 60ro P bt the m+ 3. All dte l,to s+tpP� bzcksP
' 8entialai shoat �t�tyb5.dmiGbaara _..--•-� ldl totay ti tba °tom °S ttre ? arbird conuacvwicl vRoR tovo tiiao-"n
Bld of P[aP°snl. LorAdn 4
t hOiS,ter end 4o?-clot at is detf^bl m-`_' S. Ct to d"sgn deD ��s"m by _
sn mt aro"Otiv. be do tabaled 01aBt' et�lEetiotsa skro •ad
consitl oFina to+d"tpt0 gyp dot a ^iE usedPt atihaihcn2 iacRes to dte 3 make - ipt«iat yoind
adshAH Be S ticstions tams,, nor be ptehale n^ ose wore vtrdlatto"
t,tRaa°"vYom.,ofAlil", awings"aft PaOi Am' ".sRdA chcs. "orbs thaol q ..
peals the Ur" oamPiementa[Y• e", ad ' the t otm mm� itol'g3tc"0vot ta"btm%1a`�yp�a ItichmaPPtiaowAnd ro+'+, .4i steal S
.,• "it
Coup �pmjw4) robs ipadtym ltdvt .topslonsida nttRamemM°- e°raouR. mtntRnmsde U',}'s"._ dv,Aslloyong mpge,e,d+aass aA'"11Rrtca .5
nsto�nTo°md'dP dreS1Y-iO a[t�hev na"a sVaGt1° Redas4�-Ot�a t'., tdaYFO Etbomwabtf0"O! Y l dwoodP tt°t, ll ediPBg,'p", eh .',. t. 0i ristosu�lY t hM 3tl" ra4turomenvot min°rsa^amedici^e }
?., thelh'av"" toP a[batio b �.Hotes MlGtanon% exat thhin t. nhaaldr Ra9,8C1OvOrt r [holders, nlrec�
y[w" we the
tme' °rdiaaa ana teat 1+a ssp , rniasPa"tas ail spans its ndarior }'^ _ eo .Con hooks, mvid_ed t^00 ....-- -
nna,"", atilt m ccs _ _
,vnieh are m,piidi In rtow P laabie sta am Pro -tit n. ,-thmandf"dt d8i�gst Bd1Y sRtatRtng ota..g•• washer and ngardM, to vnt bars, rdz .molt" 1 t+
trot ato with omit aaasdwoo de01162x dadb7 Remiro°1O to plow,eristo a"PPIY norltm°Wr" jlaj
ardrawn, sipaleomPSY ta41111poii, nodRedOfa^f tho b. Yra'^ . lstobaPi°'i endpdE°t saaxT"tna ?_ Uwe er,ad
work et anodrtrdion,v^[k otl andtita Sm ttois 11st "O on�dons°n [ied ?. 1Pihdbracin9hwhin8 th ofl6 irwhas a dtb is i0"• rtnitattadonb}'8 - O
tots• ona[ei wedtrW .- "! arm wad tree rpp bifd". - eabmds to W
{e$,dentrGofthacltyo shal}v laotanYvp[tasWmrwed� Cbstt saelea"Y nxteam u,P4Mbswu6�$ lu?HI i rol ^endhdo"01, a6a`iily �T
h. ContraDs° _ont t`sb-11ded, imn,,,m3G" Vt ratatamat°t
sro g0"t.tt sdow"O madn nnntt °t rosP" totes-aos�n°ntion eo: ngtan "ttg I'Wimp lrchants"I", aPain p,3tt,, n34
diSaraPa"n oathIn ,vlthoataPP1O ,,rotei°r ,t atnGpn 1•tosings Wall" N38" w
Gapna r
by field "d' yt e+4m""Ir* •�tn am �ailowNrn°, (l taGs't'orenterspdt 1 t vnIL t�
t a oP pla to ga^ ($
COptitwtor, idiso
and °tF.a : pt B' o. a. maim oeads ttAa*"H`iso r+ _� b selet instalb
drm baton. Ksbatl be ebm nedbY t � aE$va. tooter t y��t � t" Wield erdb°s be pliedby
a Wl size t°na °S
,"p? Bier duns njedblshaJl saPPiY allrtat� 11011--r3s. not etsata
5. 'i, i At tn9 lobs SaPP q- roymAed. ; - . 1} ram!?•, {t
So[ ny(4anotaa, wntm Wattm+aa4" eun cR otld 9. fat tmv ypgtn8b n the contra
gondma101,
shallnnxn8° adrt te0la�,ptk 4irbatosPuattadeandr s lO.Klrob"natd u�p,4dndSotin lials3itoParevn'v?�basaP➢Ctorm'ititli - .--__
d. uniasa cabins lashes
s iiar.AtSary to tomPkbe ormaa in8ao��tywtst+eIna titirolloouitl `o Oro ,� wnlyamg anaelrid!bn�r++c Im"o "I nJand rA.junni „CUrtan"tor%irixs. .. _
its tp pailomk nil t80 � pmiaad thn taA ba segaltedlobo sd `n t . Yittbt r. soGdB cmg sl. 3
shim . '' allaeb' pAd exact cmta . ptatMi pna'6 dam`
7.ltshdWl, ,matt VO
i1M-darn4iNoponder, bit[aa`m',vhtcnmaYva-
.
anpctom hart I� tF°
sabao Wos"M ttaa reSMatd as napdidon raro118 : lri ga" ct Bibkitaie" t .
ib end su""t'a " C"w•" on
- sa5s4al6t msi der so w�B ^0 , in con 0 basrkr. �y ion
YaHare Inasa ardaedye t rrtyana i .
vralR foMaPrO�r� atobanix- tPro , . ,t C .
is attaonCd vapor ra ens°
1Ynssagaia' ahattsnxi"t" cautions11 „rotkars, I'm
?0121nt hn" I8Yg5 .
a� melon P°And. Nr•�s3sY°[ c°ntot%aaoP�' wteot jy s"d;mt° mwtwmP� oeaer.onR '
tya Rnlshas L�ni�apnae etUzd l'tytonitvntaa' .
dla gilt mr�tonPanOd. colon.,, 7 seep del8"
teb> }7 to Sl
wotkfor Oft' Y� yp,vtn$a y40& a�PimltsRittglnt,Tnvido� A• pap Ito fas� °a`Igntlar6t° '.
ft P b blip d ring 0ta "t ren pnnt
pttador049�"'ten'6vildingl) Awfinto a,0nw"onamE"g t"i"A' 5t1apdProartmsnptisclaenatn"
9'r CromtyeE'r"^s i5N[dL4hIl"A's n ndisan"O �pc"tsiai^g "a„4Kr, AUsaEtts' roSyTetraatcd _ '
Oa` fromts�<mtal 'et all eaves. ptatt is to be �lor Sa ba sc - lOa od Y
yh patoll as°fn to be ova[ or t"
R,MOL� Alado" MG gsizoapd RGni nlfisd�"owrrM
and romova all debris prim silo ,1 - 3, Eta+-n - - '
D. lns _..-•--" pndio", stY1a`t sl. Toicytfaaa arp with baknd ",amel
2. Co"tlaatca Sres s°t s ONW
bilwilV� t8i...-.. - ,.lme
amtObt"bs. "� 6Sit ao`msp°°rg at°tobe 5" etwoLtwdo tov^teta9itateiy all aneioscd - u
eocded to bom14 �_•�,_..-- ... t d, tatrtte ad,bY ,t p
511oiing ...-- g far S�eBan na wior. and soot,'ena °s tt glp5itntl door ar+a-
Qaa¢Regvisemu' am thorn stdagant.: . to aai 5. Prowt'k cave astrooF lroaatadons. syeil be QtO"dcd
P„rp to dte •'Baitdl"g coax rtgaitaments iwg asaePa al into .
it wn mto n lynilding ` "of
A. rao(al raw�al�s 'ofmotsnn° tahaa �i
t, Concretashs sthna ,Ah3°tnVmom�o } A. 'r dWwad ay voptitatedmtt- tM sidn atiRe the alapa jp6nba Qt7 �t '
. ACt 3I&-0S, o "yet govern• ow "Ie ade{s>ti of atA&s as l ,wrmi o building a _ tJ .a4s
�wiysth ca4a iho iacal code,ton und[stvsbtd"lbd a tb,'doe sva atrang6t ?.pmmc cove ictarder on eml panersabonsrOto Pr"ant-a-irlr "-.. .. - •gy{ �j �'
oams
lo^n'nP.+sR flt niWesoili6t044al's"Inmr tOwm4 �%n�llon, - .vhihmt& Al oiS � „codtW W"� _ i.
_ Q
.. cal*ro'K of >s Ingsne"hheti mstaxtuddi Laotia�{orcmwisTa ,aitheaav?�i°Po3�-. -
_-. � y "nttalp" Sacnaadbd fill
ashis'?aas ts'slu' don•"'atts ng
3 UOoTd at2g Ma work i"o{adas toanaa WI at ON IN lfbaarr^ff graad(Jt dmtbte8 pa.,talka
3- Concrete and Ri,WO o vner to order sot �tntsgT' G
wpdawsa �3 vindaw wpot at8vam"OovariYfttydtttI .
.class
. Kasf"'vOmR' shallnoo .. 1,14ew dmliii F?
_ p a. Contrada sivssisho`tl° wsdtaamu�.adarot0.35tmast
�pacitY oFsoG is in4audon• Wtnd^nvo�4putr.20 windotvsr°nit havE ftanba,sprodoor. _ .
,,pds ntoisove 5nte400ledbY °w"M••rta,v m-ma.it:�W -
Ov+^°i sabsas"taanother
• Wrlt"""Y sball it tlt or ifttlar' '. bed may _
2•aptetuoad^°1$ alsbaiibeSpn 20t21ECG� _.._---•^-...--
trampputbeSAW �iaicthanasrom 1+ '
t9'k Aitha asrolltivs. aGee4"
t, All _ lht tat a di"gtass daons n afiidPO°i,vba
Mtmr"smtatttssasNsHa^s(n8}U^tyOtsSail MP4 a- nroo( �}fntuat'Y7
comml par w ^a<o� a) t3tenrt6 in still pots' ding'+'aR G11slosl g let. ,� a aY" - - - -
Ialzts: g?S,Yp t.tO �0�'�t t b)tl1atApaing, oSbail kbu"Ota Nnin i^ ComaC1a edge is abmratha
LYLc ,4b00Pn• anysoln� of ireP ".0 tD"tg+''°ada � 0�o �0yd�bt"ttot��as�id�t•4terattwbetrom�`�asless�sb�
I
Capvgcmr isso trod ;tedvdtR ..ante ha8p0T ytnelo?am forRotwbs. whirlP^ols' �ctediag' _"
°{ tons: 'eli'Llowl' e)OlarirrBf° wets. atltastotta 57s[Nateieat.
yet and ene4"W" e.6" �ma m w'sikiog m
Aoor doors xttd vlpdowm A
-- era ptovl% gOtIt,L lOdbl' hathttlbs mtd b 1000 75 arAfta , j' mates.
Catitoip•>, ��, t. limb -
iLaflets: t;614, JWL tadraawfoswatiOoll wdlate^oseL 3.w, gsita reKslsnatenu'm °it aP , oleo d rdniY.ridtOlt aPp to
DeckGtaa�tbP°tIlnoxliaoi nm24gaagn'R eaza 50Aits Olt folio tpg"itioa:22i1O�esaraeao"iaaand11 mustw^Y
p a0lICA 'romt e'm�8° trim "omhtr�g°ttop �• Est ciaM ap3 �rI is 1wsP'-ylAedbY aRa _.__----"✓,,..-.+
3. YsovidasttWO
ll
berowthe utla*F" In the ibBawingl"nadD 'utcludinS[,area .
esaos, e.
.. • Frestaq'idn$ sNdi be�� �nndv+2Gs era Pt and Roriumat,s6"°cs ,..�,_,,...... .. _.... - -
itt4;x°a MM ML t� torAbol a w ne Oto dP"A-TIomvto .trite ,s,••'•"'°"® -
dsecai y)AGimtt008=top, �ytdr stdnga'p
xacn as.oa+ss'i og�n�{ad spasm Wien
..--•-�'..-
h'ffiCHANICAL _
(
19. A safely pma will, drain is mttolred under ail RVAC equipment and lermdry ! '
.
BLHCCRX_CdlL -
RVAC
i: RVAC oontrecros shell be.relpOnsWle for the design of the equipment Red the (.
' ' • ductlpiping layout Tite )syow Ahmvn on plans rs.efremadaordy aril b m be vrrifiad by :
? machines 1¢s411cdabove the basement level
20. (W fned Runnees and wAmt heanus to have m minim= 4 inch diemUer We "a' i
1 -1, Existing electrical service Is to be200A, brought ordergrolmd from utility pole In -
.
' the contrxtor. NI work is to be reviewed with and approved by Ore Arehirect, owner and '
the Everson Building Department yeti, toiesm11a110n
vert6 or horizontal PVCvennng providing coat v"ttetminal Is at least l0 (bet 6om any tot
IIn4 tWth mirunam2inchdraamnceta combutdole materiels. The vmtterrelnRl ofa
; All
2. Supply and install all Outlets, recepbcles,switches, and light (lrterns as Shaun on '
- 1 Nl aNirtgarsd Patchlag required by this we shallbe providedby Otis eontrRcor. (
A)Iholm.hWlbe'nearandsitcdfbriheaquhpme t No sttvchval m4mbershall Deem
direct"Mappitanceswith an input of50,000 arm arises:ahafl be located rotleer than 9
Inches from any opening thratgh which veto gases conidentors building. nov4m
oft -Wings, Verifyexeotloeatfons ofequlpmcnl In lintel with arelJCeat and m»ere Sea, light
iimueschedula The elexAsiatl layout is sCbemeda only, The exact layap ofplpin¢ -
forest approved byfirearchitect Viol tocutting Soffits shall be avoided unless approved
'
terminal Oro direct veal sppliaaco wi0f an input exardlrgt 50,000 BTV1f shall be looted
rat less than 12 inches from the ope t The bottom of a vent termhrel and an air htmtce
_.
wiing einmihy, we is to be determined by ne Bleehicel Contractor. ,
3, The lleonicai Contractor shall famishoss and Install all recessed lighting Reaed
I. advance by the embitact
- A. rce,VAllipmemahelt beprovlded tvph mamtdameaer's vMrmnty with xpies
,
shall bo located es lean 121nchwabovcyede. Alfvena and vervain shag less inseallod
BTU
.
Holing fleturd"I be IC type,for lXD tempe, mwmPouttred by tWo or equal. NI
' ntmishedlbw each unit Additionally this contmetarshell guarantee the amilt(MIDllnItOn
• for one pear Or aueb longs periods as maybe provided by the equipment manuttwvrcrs.
!¢rtcoordace vier the ttmti of thehistivg and label sadmonufaotmtm'+inshacilort.
rating is to be verified by HVAG wntmoor and submitted to the bvilding dc}mbncrt ,.--......
-•- �
recessed doua"ghs shall be avlmblo lbw the type area Ring to which maymainttelled.
Reeacsed lippts in NbfAlrourt arras stroll hxrewrekrprwf lemca and trim. Electrical
4. This contractor shall coordinate his"&with file GeOemh Certmctor, plombing
Mpy
Cnrractor ahadtstrppty and inatail all othoraiiing avail end surface mourned light flamtr's -
Cbn(mcwand Bfaoaicall Collimator to avoid conflicts and intufetanoe with Ore work of ".
gyp
as indicated in BlecMcFixbue Schodule, and Install an 6xturts as supplied by owner. -
' low trades.
LExeotlayout ofsupphyandweatepiping sharp bedentmlredWho Plambing
Provide bulbsfierellfixtures,boat contractor, and avner-SM)le&
HVACsyatam; Coormexnr is to suppy aad lrottll ate now 93% efficient gas
Co10»trAar. l'timarystneehrni membassshall not be uAat without the approval of t e
4: 3vdtvhrs and ounes shall be ganged wherever possible. Outlet covers ro be white
-
' forced-rtir heating and coaling system. The contrecor shall guarantee to hem the how$(( i
ambitect Whaesauctual members ace cut, atot halt she" be provided, sized to fit the
unleuotherwise selected by owner -coordinate with psiatcolom Altswitehesrobe _
- elamp:rsmre ofnot less than Tel degrees F DE with 4330'/e Ril a+lh outside tempeminrc
plpe penetrating the member. Sett shall be avoided wla,sa omenvhe dirsoted.
iestilon "Decbm"w10h "ttueTdech"at"Specs"de'(of dlmmen, White in coley vices -
- of-t0 degreesFDO and cool the house to atempemrum of78 dagrrcPDH wish onside
2 Vertfy sine afexisring watUserviaa end b;d upgrading ifnec aeon• According :o
ahnwisesolxtadtry evnuac All rectmed Rxtac to hayedimmaswitohox
. -' tompnraturaof 95 degrcnsF DB and 75 dagwem WB.
the City ofavamtort Water Service Size Calculation WwkshaeS the Water SuPPlyFcame
S, provide QPl protection on circuits and lndivtdaatrcaPtocles a�required byeale in t
- 6. Ducra-mk shalt be shad in accontam a with AMRABgadda Gauge Of gahronlud
havro
Units Iola) 17, +equidng a mimmbm serolrx pits size of/.'.
tiro
fdtahans, botloOorns and on exruior. New bathrooms ere I. each have a drdiemed 20 amp
jI!
AucMotkrh"gers, etc moo ro bo l� oceordaruce wiOu ASffAAB. Ail sgarare elbo++s to ;
' double thickness ry'Q`daming vanes rend ail toped elli0tvs shall have inside radios fq'+il so
3. 'Ibo Phumbing Contractorahallcoordinafa wnYhdue aeistinp, canditiom as ro
lecsifon and elavadon for the aster and the sewer. Water supplyand scwarmussibaa
cireuli.
6. Provide telophona,�¢ and IV wiringas irrdteatedon draiingsorei Areetcd by if
75/ofdfetwidth. Mom,alvoAunodom en are to havelociengquadrant. Each register
minimrmror10fcatapart,hoftnmlly,althePointtirePIP%Penetnnothafbuadgtion
owrxr. �
I
'. "have opposing volumednmpen, tnsulem ducs.thet pass tuovglawsvlapav
wait, aft to thepointwhere pipmSjoitb the City mains.
7.Elahical connector is to flarrtslt and install both flut and&dlight combination,
Allies orarytrAhated space, Joints ofdoetsystem must be mped,scaled vith muVo, or
c Supply Aad hriWi new gas fited40 gallon aetar heater with 8-ven11 00 rhror>Frh
RVAC contractor is to provide wthavn ran duonvod:with pant tleibing through the root,
gaskete& air tightVwity exact looatonx of"Pilly rot regltars And tomm air Innis, with
' grchRecl Provide minimato support (bar dads not to astow lO Im lmervalt Vsa afary
:root
S..tVhvalves Stott be peaq Amerftanmsimilar.
5.
wfth min rovers
S. Smoke defectors41WI bo in$Wled in each Sleeping Mau, 9ubido of -A steeping - ;-a
in tacadon heating (kt 3`
#
ppmvcd oY Pri
' saffnb 10 install ductwork it to be a atchucet aad mmU el m any
Cleanoms sbait be provided soh d+¢aLr In pipe direction at 50-toot lmervels
aten tvu'thin 15&el ofeachbahoom door and also dro Postal ofalt !
All detectors be iolemoecied such roes the Wentlon arm alarm pall '�+ _
1pmemmn
..'
7, All mgisters, grilles and dl(facen shall bashmllar to Tims.svt,lfe ineoia wlau
in sawarlWes.
7- All wgmr supply piping is to bo TypeLcodorr with dielectric flntogs whew
let . shall
isimtpi[mipn.
actuate Ali the alarms in life krdividaal unit, and shall provide an alarm that will be wdibio
_
:. othmtise indicated, croak grilles tomatc}r 0em }•roam apPropdare. Diftbserx, rrgirias
nmessery. Insulate hot end cold water lines with SS"tbiekfaemry pre- molded fnbartims
"' !
to all sleeping 4rasc All five, rs shall be apprortd and irsrrd and shalt be itusbilad in
lhvvideaaubon Si
and gnllassbell be floor, wall aredlaoeiling mantled based on the dosignibvild pwpmel
pipolwWeiionwithvaporbanierlaok'et AU wectddrein p;pircgrobaSQmdnle 40PVC
nxmre to hove
aetoManeawi0s the mtaufadsaar's frawellorts. monmddedetcmer ar ;. ,
ofthedwpelting, carton monoxide deteetou Meow bedrooms must be teemed r$J�
" - aid eontulmdon With Duo owner aad amldtert Floor diffusors shall be located" more
g, Nit water rite, to have minim= 24"air ohamb1n, All supplies are
each story
. then 4" from face Orwell. Verify exact 10c460ns ofgrilfs; registers And dlfprrcrs Mlh
minitpvm 12".hthAmIs r.
wilhln IS teat"Maech bedroom door.
_
- eroh"eet end owners in fleld.
- 8. The eomeadorsbeslgoamnfeetoadjust,boltlenandservice the huttnp/cooling
9. Connect to water service with %res " lines to flxmmid 15" minimum fixture supply
oatiwx Supply sizes shall beveriFodwith ffxtunbselectedend faacMragedmmenes.
9, All cicala sarvimg s)eaping Areas are to be ao-th»71 protactedar she pane(. O
fO.NlliglttinginclvthmdoxtsialoessaNcessedreaadeserntflxtura,widta {j
system end reµtii or repo$ ell defeeri.e parts without obarge for a pctiod of one year
10 provide separsro imps and shuaoffsvvlth chrome valves mud escmcheaoa for each
completely "closed lamp, ►surface mounted Evomfoent fixture Pith A mirdmum of six
-
from the date orwmpictirm and a -ratan of the work,
fixture. All Ntufe traps shalt be tasted.
tacbes (6') tram the storage pointer inxndesttnt enclosed mvfaen movot I' Wow with a •' .... ...........
' 9, peal bmmtag tTdpmem shill be provided win, a sappiy of Air lbw fuel combustion
t f. Vents shall be asdMded Rrm the roofs minimum of 12 inches uith lead ltashim't -
euinimum hvelvo-loco (12'� oltarm+te m palm ofstorego. ..
i bla'(.8:
its dD ftg7fRrltr+
IO.Withln o dwelling Will. hearing AW1111ncas(Retailed In a compartment, alcove,
pggat vents where rtored to minimize vlaw. :
��lit, Opdcts�cingisto comply with liBC 2lOS2,_- �._..y.._.v,_ _
-
Atldw 5r2or '.
- hetemenr at similar spAce ihallbe goessed:bya¢ opening or door mad an uoobsouofed_
12.Supplyandiastallsllpiambfng Rxmm dku&-tsm,homrondnwdngr. 01"er
pasiagewaymeasmingnorlardun24inchesWideAndrange"OU010allowremovalof
is to malke "ecif stlecdon ofmadela, sizes, styles And cotors. Bid as ell ollowance,
- the largestoppilanetinthespace, Provide a level service spaccofaol last flan 30 Inches -
ta-provide gas piping wham Indicated on dmsvitlga ardfor whore Applimet, location i
- deep, end the height of the aPPlianc0, but 'lot lapmm30Inches mthe front ofthe
requires gas piping to; proper walking Oda.
-
appliance with the door opd. Eum-aft0c ranttsmeomWsvbles shalt meat -
14. PmwfdewatUline renew t0frigerowr wham shown.
- -
mamafgcroru's W.1fieethes and etu,Nrm to code
0. Provide —let for dishwasher and waste and v"t fen dishwasher and dispooai.
,
_
41. 2,41jbety-paoent'P1ts Imrsram types orflaneces with hesnidlfiem mwt be InstallW
Dishwasher to be prosided,401 a disconnect muirah
' withlna¢ enclosed itmtFatod and dtyaa0ed tailor
ld. NI shaven must be grovidvd with thermostatic water mixing vatvos sa At a
�.:..
maxirtnirn twmpesemrc oC115 degrees'
''! _
_lit.Alighfmgfaeae controBedbyasysiteh located at the tequtred passegewny. i.,
location In
- opening and a reoopruvio whet at mnear the Awilam Shollbe provided
_ amordAncvwfth the Nadonat Eieci icaf Code.
13, The contmaaoraball guarantee 0 adjist, balance and aervim the RVAC system and
.
• repair orroplaee#11 dedbelive parts wdAomrJungefor a period ofone YeAr from the date of!
.. . courplelion and eecepeme, of the work
14, Provide mechenkal ventilaton fen bmhroom mess-Tlao miremwnvem"a6au roe
_
shaRbe'0cllefor imermitt at at20eEnfinoomiAM11 018(10- Pip, ms"rialShelf
.
. be mcmllie. orridged meal flew'bladeat, PVC or sheef mewl. Pipe muss be moohou>kstly
by aplxosW mdhod.
_ N
a edmreseadoapped Vent dtsxtlymslteota4{des an
- 15, Lomuo condensing wit assbowoon drawings and in acetfdandO with B%'xwAn
from lot lieu,)
.. - - .,
-
- -
_ .or
zoning tot requirvnaits po feetargreator any
. 16..Oas piping penennting fhmvgh bssemeacor f0undaulnn waft shell be "t'ared i¢a
- - ..
- -
- - '.' $ V
-- alteva "$annul8fspaas between the has plpfng aid tfeesiteva sfvJl be sealed nS the•j
' to entry of of water.
.
p
foundmion or hasemaat will ptevent gas
' 17. INyer peen systemssba" be Independent ofaA other systems and ahtll cotwry the
moisture tq lheovtdoom Duct. most be smooth twat herder and Ahe" be, egalpped with a
be taped.r0enle at gaskered air tiy)ntEl
baekdmft damper. 7oias ofdva system mast
- Provde minimal support rot to exceed 10 floti¢tarrelx Vepisslmll be clutnoded of
-
- g
minlrmumorO.016iaebtVok7igidmeW4ucu. ApproveditextblodaauwedOm maybe .
in dorrx stlg dryeree4,aost Fleaibid duct con"coon shall "list
-
_ sit
- - - - -
- - usaf consaaion wish
' conoealrAvritoiacmutrvction Themaximunttengtbofdryersxhaestwamsballnot
tengN ism•
_
'-
- -
- -
otoced25 fewfrom thedrycrioce6on lavail or r0ottatmiuUon Dryer yens
_ _ _Az
_
be calW 9-d With 5 feet added to, eeeht90 d-Van bend and 2.51'eet•added fen eachA3
- degree bend. Vol size shall be at least the diameter offheopp"OWA onset
18, Fuel fired apptisaccs shall rat bslocand in, or own eomb rsdon air Rom,,
,1fjG,tTleryy
sleepingroems, with the following exetotim appliances lMmlledmen aadoaure in
. width ell combustion air is abtirintd lien the ourdoona ld the eralosuo)s aqu!P* `+dth
_ .
,
_
'-._•aao"dwoantcnhipPddoor and selfct�inedavice• _.�_......-__.._ _.._-•
_ ., -
Execution Copy
EXHIBIT 3
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
-11-
1000275.z
This document was prepared by and
after recording should be returned to:
Community Partners for Affordable Housing
400 Central Avenue, #111
Highland Park, IL 60085
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
("Declaration") is made and entered into as of the day of 20_,
by Communitv Partners for Affordable Housinq, an Illinois not for profit corporation ("Declarant')
with an office at 400 Central Avenue. Ste #111. Hiahland Park, IL 60035,
RECITALS:
A. The Declarant is the owner in fee simple of the land legally described in
Exhibit A which is attached hereto and incorporated herein by reference ("Land'), together with
all improvements and fixtures thereon (collectively, the "Property").
B. The Property is being developed as an affordable unit pursuant to the City of
Evanston ("City") goal of preserving and promoting a range of housing options in order to create
and preserve housing opportunities for low- and moderate -income people who otherwise would
be denied such opportunities because of limited financial resources. The Property is subject to
this Declaration and causing it to be recorded against the Property at the office of the Cook
County Recorder of Deeds.
C. Declarant is organized exclusively for charitable purposes, including: to provide
opportunities for low- and moderate -income persons and families to secure housing that is
decent, safe, and affordable, and to preserve the quality and affordability of housing for present
and future residents. Among other activities, the Declarant is responsible for overseeing the
implementation and preservation of the affordability of the Property.
D. The Declarant shares the purposes and goals of the City's affordable housing
program and has agreed to retain the affordability to which all subsequent owners are obligated
under this Declaration.
E. The Declarant and each of its successors and assigns recognize the special
nature of the terms and conditions of this Declaration, and each of them, with the independent
and informed advice of legal counsel, freely accepts these terms and conditions, including those
terms and conditions that may affect the marketing and resale price of the Property.
F. The Declarant and each of its successors and assigns understand and accept
that the terms and conditions of this Declaration further such shared goals over an extended
period of time and through successions of owners.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Declarant, for itself and its successors in interest in the
Property and/or any part thereof, hereby declares that the Property is and shall be subject at all
times to the following:
Section 1. Definitions. Whenever used in this Declaration, the following terms shall
have the following meanings unless a different meaning is required by the context:
"Domestic Partner": For purposes hereof, a person shall qualify as the Owner's
"Domestic Partner" if (i) neither the Owner nor such person is married, (ii) each of the Owner
and such person is at least eighteen (18) years old and competent to consent and enter Into
legally binding contracts, (iii) the Owner and such person are not related to each other by blood
closer than would bar marriage in the State of Illinois; (iv) the Owner and such person is each
other's sole Domestic Partner; (v) the Owner and such person are mutually responsible for each
other's common welfare; and (vi) such person satisfies at least one of the following criteria: (a)
such person is the primary beneficiary under the Owner's will; (b) the Owner and such person
have joint ownership of a motor vehicle; (c) the Owner and such person have a bona -fide joint
credit account; (d) the Owner and such person have a bona -fide joint checking or savings
account; (e) such person is designated as the primary beneficiary of the Owner's life insurance
or retirement benefits; or (f) such person holds a power of attorney for healthcare decisions for
the Owner.
"Household": All persons who reside or will reside together with the Owner(s) or any
subsequent owner on the Property.
"Owner": Each legal and equitable owner of all or any portion of the Property or any
interest therein, including, without limitation the Declarant and any subsequent owner by sale,
conveyance or other transfer of any legal or beneficial Interest in the Property, and unless the
context otherwise requires, "Owner" shall mean the Owner at the time in question. 'Owner and
"Owners" are used interchangeably.
"Permitted Transferee": The Owner's spouse, Domestic Partner, one or more of the
Owner's children, or any member of the Owner's Household who has resided upon the Property
for at least one year immediately prior to the Owner's death.
"Purchase Option": The permanent and irrevocable option (but without obligation) of
the Declarant to purchase the Property upon the occurrence of certain Purchase Events as
more specifically set forth in Section 9 of this Declaration.
"Purchase Price": The lesser of (i) the value set forth in the Appraisal or (ii) the
Formula Purchase Price.
"Transfer or Convevance" or "Transferred or Conveved": Any sale, transfer,
conveyance, assignment, pledge, mortgage, hypothecation or transfer or other disposition, and
includes, but is not limited to, (i) any transfer or encumbrance or pledge of any ownership
interest in and/or any controlling, interest in the Owner or any other entity which owns or
occupies the Property or any such ownership or controlling interest in any constituent (e.g.,
shareholders, partners and/or members) of the Owner or any such other owning or occupying
entity; and (ii) any lease or sublease of the Property.
Declaration 7
Section 2. Term; Recordation. The covenants, conditions, and restrictions in this
Declaration shall continue in full force and effect with respect to the Property unless the
Declarant records in the land records an instrument specifically stating that these covenants,
conditions, and restrictions shall be terminated or amended. This Declaration shall be recorded
by the Declarant in an order and manner to assure that the Declaration shall be first recorded
and not subject or subordinate to any mortgages, liens, or any other similar encumbrances.
Section 3. Sale. Transfer or Convevande. Except as expressly permitted in this
Declaration, at no time shall title to the Property be Transferred or Conveyed to or held by an
Owner who is not a Qualified Purchaser, as defined in Section 4 of this Declaration.
Section 4. Qualified Purchaser. Except as provided in Subsection C of this
Section, for purposes of this Declaration, a "Qualified Purchaser" is an Owner who meets the
requirements of Subsections A and B of this Section.
A. Income. The maximum "household" income of the Owner, at the time it acquires
the Property, must not exceed Sixty Percent (60%) of the then Chicago area median income,
adjusted for household size, as published from time to time by the U.S. Department of Housing
and Urban Development ("HUD") or any successor thereof under Section 8 of the United States
Housing Act of 1937, as amended. In the event the Chicago area is redefined so as to eliminate
Evanston, Illinois, then the parties shall utilize the median gross income published by HUD for
the newly created metropolitan area defined by HUD that does include Evanston, Illinois.
B. Citizen of U.S. or Registered Alien. The Owner must be a citizen of the United
States or a registered alien thereof.
C. Community Partners for Affordable Housing. For purposes of this
Declaration, Community Partners for Affordable Housing shall be a "Qualified Purchaser' with
respect to the Property, or with respect to the occurrence of any Purchase Events and the
Purchase Option under Section 9 of this Declaration.
Section 5. Owner -Occupied Residence. Each Owner (except for Declarant) shall
at all times occupy the Property as the Owner's principal residence and for any incidental
activities related to such residential use, provided such other use is in compliance with zoning
and all other requirements of law. The Property may not be occupied for any period of time by
any person other than Owner and members of the Owner's Family (defined below), without the
express written consent of the Declarant, which consent need not be given if, in Declarant's sole
judgment, the occupancy would not further the purposes of this Declaration. For purposes of
this Declaration, "Family" shall be defined as such term is defined from time to time in the
Zoning Code of the City of Evanston.
Section 6. Delivery of Materials to Ensure Compliance.
A. Delivery of Supportina Materials. The Owner must have executed and
delivered to Declarant, in care of the Executive Director ("Director") (or any successor or
replacement official designated by Declarant, if the position of Director at any time ceases to
exist), a Letter of Stipulation of Owner and the certificates, documents, materials, and other
information (collectively, the "Supporting Materials") required from time to time in order to
obtain a Certificate of Compliance (as described below) from the Director, and the subsequent
Owner's legal counsel must have executed and delivered to Declarant, in care of the Director, a
Letter of Acknowledgment of Legal Counsel of Owner, setting forth their respective review and
Declaration
understanding of the Declaration and all related docurrients. Copies of the form of the Letter of
Stipulation of Owner and Letter of Acknowledgment of Legal Counsel of Owner are set forth in
Exhibit B which is attached to and incorporated herein by reference. A list of supporting
materials may be obtained from the Director, upon request, at Community Partners for
Affordable Housing, 400 Central Ave, #111, Highland Park, Illinois 60035. In order to avoid a
delay in processing a request for a Certificate of Compliance, the Owner of the Property should
obtain a list of the supporting materials from the Director and deliver the applicable supporting
materials to the Director at least 30 days in advance of any contemplated transfer of the fee
simple title to the Property. In order to confirm compliance with the Declaration upon a transfer
of title to the Property, any deed or other instrument conveying or purporting to convey title to
the Property or any portion thereof shall be void and of no further force and effect, unless such
deed or instrument shall have attached thereto, a Certificate of Compliance signed by the
Director on behalf of Community Partners for Affordable Housing, substantially in the form of
Exhibit C, which is attached to and incorporated herein by this reference.
B. Furnishinp of Information to Declarant. The Owner shall promptly furnish
such information about the Property as Declarant may reasonably request from time to time, for
example, the identity of each Owner and of each member of the Owner's Household living in the
Property, the identity of any mortgagee or other person having an interest in the Property, the
full consideration paid for the Property or any interest therein identified by category (e.g., equity,
institutional loan and so forth), the condition of the Property, and any other information that
Decirant in good faith deems relevant, all for the purpose of assuring compliance with this
Declaration.
Section 7. Property Maintenance. All Owners, and their successors and assigns,
covenant to maintain the Property in good order, repair and condition and in compliance with all
laws, regulations, ordinances, codes and orders, now existing or hereafter enacted, regarding
the habitability of the Property and in full compliance with all other federal, state, and local
requirements. For good cause shown, Declarant, acting through the Director or any other
employee designated by Declarant, may inspect any portion of the Property provided the
Director or such other designated employee shall have made reasonable efforts to give advance
oral notice to the Owner
Section 8. Permitted: Transfers. Upon receipt of notice from the executor or
administrator of an Owner's estate given within ninety. (90) days after the death of the Owner (or
the last surviving co -Owner of the Property), Declarant shall, unless for good cause shown,
consent in writing to a transfer of the Property, subject to this Declaration, to a Permitted
Transferee. Any other heirs, legatees, or devisees of the Owner must be Qualified Purchasers,
or if such party is not a Qualified Purchaser, such party shall not be entitled to take title to the
Property, but the Property must be transferred in accordance with Section 9.
Section 9. Purchase Option. To protect and maintain the goals of the Declarant
and the City, Declarant shall have a Purchase Option upon the occurrence of a Purchase Event
(defined below) in accordance with this Section 9; provided, however, that this Section 9 does
not apply to the first transfer by the Declarant if the Declarant is otherwise in full compliance with
this Declaration.
A. Purchase Events. Each of the following shall be deemed a Purchase Event:
1. The Property is no longer the principal residence of an Owner (or
Permitted Transferee) whose occupancy fulfills the requirements of
Declaration 4
Section 5 of this Declaration, or the Property is being used in any other
manner that does not comply with this Declaration;
2. An Owner has given Declarant an Intent to Sell Notice (defined below) in
accordance with Subsection 9.0 hereof,
3. Any legal or beneficial interest in the Property is conveyed or otherwise
transferred without an Intent -to -Sell Notice having been given, unless the
Declarant has waived in writing the Purchase Option in accordance with
this Section 9 or unless such transfer is to a Permitted Transferee in
accordance with Section 8; provided, however, that an Owner shall be
permitted to transfer title to the Property to the Owner's spouse or
Domestic Partner or to a revocable trust (a grantor type trust) where the
Owner is a trustee and a beneficiary, provided further that the Owner first
obtains written consent of the Declarant prior to making such transfer,
which consent shall be evidenced by a Certificate of Compliance
recorded with the deed effectuating said transfer;
4. Declarant has received a Mortgage Default Notice as provided for in
Section 10 of this Declaration or otherwise has notice of a pending
mortgage or other lien foreclosure or similar proceeding against the
Property or of a civil action or equivalent proceeding for unpaid real estate
taxes or unpaid condominium assessments or any other proceeding at
which title to or possession of the Property could be effected;
5. The Owner has made material misrepresentations in connection with the
Owner's acquisition or ownership of the Property;
6. The Owner has failed to observe and perform the Owner's obligations set
forth in this Declaration;
7. The Owner has failed to observe and perform the Owner's obligations set
forth in this Declaration in a manner that constitutes criminal conduct, or
in the Declarant's judgment, constitutes other willful, egregious conduct;
or
8. The Owner leases the Property or any portion thereof.
B. Notice and Oovortunfty to Cure. Declarant shall give written notice and an
opportunity to cure, or to otherwise eliminate the Purchase Event, only under Paragraphs 1, 3,
4, 5, and 6 of Subsection 9.A of this Declaration. For those events, the Owner shall have a
reasonable time to cure, or to otherwise eliminate the Purchase Event, that shall not exceed 90
days from the date of delivery of Declarant's notice, Declarant and the Owner acknowledge that
the Purchase Option is established to promote and enforce this Declaration and to protect and
maintain the City's and the Declarant's goal of providing affordable housing as described above,
and is intended to be exercisable `«or the greatest length of time permitted by law.
C. Intent to Sell Notice. In the event that .an Owner desires to transfer the Property
or any portion thereof or interest therein, the Owner shall notify Declarant in writing of the
proposed transfer ("Intent -to -Sett Notice"). No later than ten (10) business days after
Declarant receives the Owner's Intent -to -Self Notice, a market valuation of the Property
Declaration 5
("Appraisal") shall be commissioned by a duly licensed appraiser selected by Declarant.
Declarant shall commission and pay the cost of the Appraisal. The Appraisal shall be
conducted by analysis and comparison of comparable properties or such other proper appraisal
method and shall consider the value of improvements related to safety and energy efficiency
that may not be visibly apparent. Copies of the Appraisal shall be provided to both Declarant
and the Owner. Notwithstanding anything contained herein to the contrary, if an Appraisal of
the Property exists that is dated no later than 365 days before the date of the Intent -to -Sell
Notice (an " Existirin Appraisal"), then Declarant may elect to not obtain a new Appraisal, in
which case, for purposes hereof, the "Appraisal" shall be deemed to be the Existing Appraisal.
If Declarant elects to use an Existing Appraisal as the Appraisal, Declarant shall notify the
Owner within the 10-business day period. If a Purchase Event, other than a Purchase Event
described in Subsection 9.A.2, then at any time thereafter, Declarant may obtain an Appraisal.
D. Exercise Notice. If Declarant elects to purchase the Property pursuant to its
receipt of an Intent -to -Sell Notice, Declarant shall exercise the Purchase Option by notifying the
Owner, in writing, of such election (the "Exercise Notice") within forty-five (45) days after the
receipt of the Appraisal (or if an Existing Appraisal is being used as the Appraisal, then within
forty -free (45) days after the expiration of the 10-business day period described above), or the
Purchase Option shall expire as to such Intent -to -Sell Notice, but shall survive and continue as
to subsequent Intent -to -Sell Notices and subsequent sales of the Property or any portion thereof
or interest therein. If a Purchase Event occurs, other than a Purchase Event described in
Subsection 9.A.2 hereof, then Declarant may deliver the Exercise Notice at any time after such
Purchase Event occurs and the Purchase Option shall never expire with respect to any such
Purchase Event, except as otherwise provided in this Declaration. If Declarant delivers the
Exercise Notice, Declarant may either proceed to exercise the Purchase Option directly by
purchasing the Property, or may assign the Purchase Option (before or after delivering the
Exercise Notice) to another person or entity. if Declarant exercises the Purchase Option, the
purchase price for the Property shall be the Purchase Price.
E. Formula Purchase Price. The "Formula Purchase Price" shall be equal to
Owner's Purchase Price, as stated below, plus Owner's Share of Market Value Appreciation in
the Property, plus any applicable Capital Improvements Credit calculated as follows'.
(1) Owner's Purchase Price — the price the Owner originally paid to acquire
the Property from the Owner's predecessor in title.
(2) Initial Appraised Value — the appraised value of the Property at the time of
Owner's purchase.
(3) Owner's Investment Ratio — the Owner's Purchase Price as a percentage
of the Initial Appraised Value of the Property.
(4) Current Appraised Value - the market value of the Property determined by
the appraisal conducted on or about the date of the Owner's Notice of
Intent to Sell, or by the Existing'Appraisal, in accordance with Subsection
9.0 of this Declaration.
(5) Market Value Appreciation — the Current Appraised Value minus the Initial
Appraised Value.
Declaration 6
(6) Shared Appreciation Factor. For the purpose of calculating Owner's
Share of Market Value Appreciation in Paragraph 7 below, the Shared
Appreciation Factor shall be twenty five percent (25%).
(7) Owner's Share of Market Value Aomeciation. For the purpose of
determining the Formula Purchase Price, Owner's Share of Market Value
Appreciation shall be determined by first multiplying the Market Value
Appreciation by Owner's Investment Ratio and then multiplying the
product by the Shared Appreciation Factor.
(8) Armlicable CaDiial Improvements Credit. The Capital Improvements
Credit as defined in Section 16; if any, shall be added, provided the Credit
has been approved by the Declarant pursuant to the requirements of
Section 16.
(9) Formula Purchase Price: The Formula Purchase Price shall be
determined by adding Owner's Share of Market Value Appreciation plus a
Capital Improvements Credit, if applicable, to Owner's Purchase Price.
If the Purchase Option is exercised in connection with a Purchase Event described in
Subsection 9.A.3 of this Declaration, then the term "Owner," as used in the immediately
preceding sentence for purposes of calculating the Formula Price, shall mean the then most
recent Owner who acquired the Property not in violation of this Declaration. A sample of the
Formula Purchase Price is set forth in Exhibit D which is attached hereto and incorporated
herein by this reference. Each Owner hereby agrees that the Purchase Price that it is entitled to
receive upon a sale of the Property is an equitable return on such Owner's investment in the
Property.
F. Maintenance of Records. Declarant shall maintain permanent records setting
forth the purchase price paid by each Owner for the Property and the Initial Appraisal.
G. Closinq Date for Purchase by Declarant. The purchase by Declarant must be
completed within ninety (90) days after delivery of the.'Exercise Notice, or the Owner may sell
the Property, subject to the terms and conditions set forth below. The time permitted for the
completion of the purchase may be shortened or extended by mutual agreement of Declarant
and the Owner.
H. Transfer of Title for Purchase by Declarant. If Declarant exercises the
Purchase Option, the Property shall be conveyed by a good and sufficient warranty deed
running from the Owner to Declarant (or to an assignee of Declarant's Purchase Option under
Subsection K of this Section), conveying good and marketable title to the Property free from
encumbrances except for. @ such taxes as are not due and payable on the date of the delivery
of the deed; and (ii) such matters of record to which this Declaration was subordinate at the time
of the recording of this Declaration (which does not include mortgages or other liens or claims
for financial obligations). The Property shall be delivered in the same condition as it was in at
the time of the delivery of the Exercise Notice and shall be free of all occupants. Declarant may
inspect the Property prior to closing to determine whether its condition complies with this
Section. Premiums under assignable insurance policies, condominium assessments, water and
other utility charges, fuels, general taxes, and other similar items shall be adjusted ratably as of
the time of closing. The amount of the current general taxes not then ascertainable shall be
adjusted on the basis of 105% of the most recent ascertainable taxes. In the event that
Declaration 7
Declarant is ever the Owner of the 'Property, Declarant shall have the right, in its sole and
absolute discretion, to amend, terminate, re-record, or to otherwise take any actions with
respect to this Declaration and the Property as Declarant shall determine is necessary and
appropriate.
I. Inability of Owner to Close. If the Owner shall be unable on the closing date to
give title to or to make conveyance of or deliver possession of the Property, all in accordance
With the terms of this Declaration, or if on the closing date the Property In any other way does
not conform with the requirements of this Declaration, then in addition to all other rights and
remedies available at law or in equity: Declarant or its assignee or designee may apply as much
of the Purchase Price as necessary to cure such failures and non -conformities, but this remedy
shall not be deemed to waive, impair or otherwise diminish the priority of the Purchase Option
over other's rights, whether or not appearing of record.
J. Exercisability of Purchase Option. The Purchase Option (€) shall always be
exercisable as to the entire ownership interest in the Property, notwithstanding that the event
giving rise to the Purchase Option might involve less than the entire ownership interest, and (ii)
shall be exercisable against all the Owners (or any subsequent Owner) notwithstanding that the
acts of fewer than all the Owners (or of a prior Owner) gave rise to the Purchase Option.
K. Assignment of Purchase Option. If Declarant assigns the Purchase Option to
a third party purchaser, the sales transaction shall proceed directly between the Owner and
such third party purchaser, subject to this Declaration..
L. Failure of Declarant to Act. If Declarant fails to deliver an Exercise Notice
within the 45-day period described above, or if Declarant fails to complete the purchase within
the 94-day period allowed by this Section (other than as a result of the acts of the Owner), then
the Owner may sell the Property, subject to this Declaration, to any Qualified Purchaser for not
more than the applicable Purchase Price. However, if the Owner fails to close on the sale of the
Property within nine (9) months after the date of the Intent -to -Sell Notice, then the Owner shall
be obligated to deliver another Intent -to -Sell Notice to Declarant if the Owner wishes to sell the
Property or any portion thereof or interest therein after said 9-month period. In the event
Declarant does not exercise the Purchase Option and complete the purchase of the Property as
set forth above, and the Owner (I) is not then residing in the Property and (ii) continues to hold
the Property out for sale but is unable to locate a buyer and execute a binding purchase and
sale agreement within one (1) year after the giving of the Intent -to -Sell Notice, the Owner does
hereby appoint Declarant as its attorney in fact to seek a buyer, negotiate a reasonable price
that furthers the goals of Declarant, sell the Property, and distribute the proceeds of sale, minus
Declarant's costs of sale and any other sums owed Declarant by the Owner, Upon Declarant's
request, the Owner shall promptly execute and deliver to Declarant an instrument, in form and
substance reasonably acceptable to Declarant, granting and re -affirming the power of attorney
described above.
Section 10. Mortgage Requirements. The Owner shall not mortgage the Property or
grant any similar lien or encumbrance on the Property. without prior written notice to Declarant
and unless such mortgage provides that the holder of that mortgage shall be required to deliver
to Declarant copies of all default and late payment notices delivered by or on behalf of the
mortgagee to the Owner (individually, "Mortgage Default Notice," collectively, "Mortgage
Default Notices"), concurrently with the delivery of such Mortgage Default Notices to the
mortgagor. The Owner shall sign a release authorizing the mortgagee or other lien holder to
make such information available to Declarant. The release shall be substantially the same as
Deciaration 8
Exhibit E to this Declaration. The Owner shall notify Declarant of the name, address, and
contact information of each mortgage or lien holder on the Property.
Section 11. Removal: of Provisions Pursuant to Foreclosure. In the event of
foreclosure sale by a mortgagee or the delivery of a deed to a mortgagee in lieu of foreclosure,
the mortgagee shall be free to sell the Property to another person (whether or not a Qualified
Purchaser) free and clear of this Declaration.
Section 12. No Encumbrances on Prooefir. If proceeds of any sale, transfer or
conveyance of the Property exceed the Purchase Price therefor, then the excess shall be paid
to Declarant and shall be used for affordable housing purposes. Each Owner recognizes that it
would be contrary to the fundamental concept of this Declaration, and an abuse by the Owner,
to encumber the Property with a mortgage if the Owner could realize more than the Purchase
Price as the result of any foreclosure of any mortgage. Accordingly, each Owner hereby
irrevocably assigns to Declarant any and all net proceeds of the sale of the Property remaining
after payment of costs of foreclosure and satisfaction of the lien of any mortgage that would
otherwise have been payable to the Owner, to the extent such net proceeds exceed the net
proceeds that the Owner would have received had the Property been sold for the Purchase
Price established in Section 9 hereof for a purchase by Declarant, and the Owner authorizes
and instructs the mortgagee or any party conducting any sale to pay the amount of said excess
proceeds directly to Declarant. In the event that, for any reason, such excess proceeds are paid
to the Owner, the Owner hereby agrees to promptly pay the amount of such excess proceeds to
Declarant.
Section 13. Affordable Housina Fee. In consideration of the possession, continued
use, and occupancy of the Property, Owner shall pay to Declarant a monthly fee of twenty-five
dollars ($25.00)_ The Fee shall be payable to Declarant, at 400 Central Avenue, #111, Highland
Parts, IL 60035, on the first day of each month for as long as this Declaration remains in effect,
unless, with Lessor's consent, the Fee is to be escrowed by a Permitted Mortgagee, in which
case payment shall be made as agreed to by Mortgagee and Lessor. In the event that any
amount of payable Fee remains unpaid when the Property is sold and the Declaration is
terminated or assigned to another party, the amount of payable Fee shall be paid to Declarant
out of any proceeds from the sale of the Property otherwise due to Declarant at the time of such
sale. The remedies provided herein are not intended to restrict any other remedies available to
Declarant in law or equity.
Section 14. Payment to Declarant Upon Termination of Declaration. If and when
this Declaration terminates for any reason, other than in the event Declarant obtains title to the
Property pursuant to its Purchase Option. under Section 9 of this Declaration, then the current
Owner shall owe Declarant an amount equal to the difference between (i) the then fair market
value of the Property free of the restrictions in this Declaration, and (ii) the fair market value of
the Property subject to this Declaration (assuming the same to be perpetual for such purpose).
Fair market value (both subject to and free of this Declaration) shall be reasonably determined
by Declarant; provided however, that after notice to Declarant, given before or after
determination by Declarant, the Owner may obtain an appraisal at the Owner's expense from a
quaCified appraiser reasonably approved by Declarant to determine fair market values for these
purposes, whose decision shall be binding on the parties. Payment shall be made solely out of
the proceeds of the Property (such as sales proceeds, foreclosure proceeds or insurance
proceeds) received at the time of, or next following, such termination, and shall be paid after
payment to the Owner {net of bona -fide mortgage lien payments) of the fair market value of the
Property as restricted by this Declaration. In no event shall the Owner be personally liable to
Declaration 9
pay Declarant more than the amount, determined as stated above, actually received from the
proceeds of the Property as stated above.
Section 15. Construction Requirements. Any construction on the Property that is
undertaken by the Owner shall be subject to the following conditions: (a) all costs shall be bome
and paid for by the O•,vvner, (b) all construction involving structural changes, or structural or
mechanical improvements for which the Owner desires to receive a Capital Improvements
Credit pursuant to Section 16 of this Declaration, or in excess of ten thousand dollars ($10,000),
shall be performed by a licensed, certified, and bonded professional and shall not be
constructed without the prior written consent of Declarant, (c) all construction shall be performed
in a workmanlike manner and shall comply with all applicable laws and regulations, (d) all
construction shall be consistent with the permitted uses set forth in Section 5 of this Declaration,
(e) all construction shall be consistent with the condominium declaration governing the Property,
and (f) the Owner shall furnish to Declarant a copy of any plans and all building permits for such
construction prior to commencing construction. The requirements of this Section do not apply to
construction undertaken by the condominium association of which the Owner is a member by
owning the Property.
Section 16. Credit for Capital improvements. The Owner may elect to receive a
Capital Improvements Credit, which credit shall be applied in the calculation of the Formula
Purchase Price for any one or more of the following structural or mechanical improvements to
the Property subject to the approval of Declarant: (a) repair and/or replacement of the heating
system; (b) repair and/or replacement of the electrical components; (c) repair and/or
replacement of plumbing components; (d) repair and/or replacement of the roof; and (e) repair
and/or replacement of a damaged structural element that threatens the structural integrity of the
improvements. The terms under which Declarant will approve a Capital Improvements Credit
are limited to the conditions set forth in Exhibit F, attached hereto and incorporated herein by
this reference. Any Capital Improvements Credit for -improvements to the Property that have
been undertaken by the Owner and approved by Declarant shall be evidenced by an Approval
of Capital Improvements Credit as set forth in Exhibit G, attached hereto and incorporated
herein by this reference.
Section 17. Liens. The Owner shall not permit any statutory or similar lien to be filed
against the Property and to remain in effect for more than sixty (60) days after it has been filed.
The Owner shall cause any such lien to be discharged of record by payment, deposit, bond,
order of a court of competent jurisdiction or as otherwise permitted by law. The Owner may, at
Owner's expense, contest the validity of any such .asserted lien, provided the Owner has
furnished to Declarant a bond in an amount reasonably determined by Declarant as sufficient to
release the Property from such lien.
Section 18. intent and purpose. The Owner and each other person, including any
mortgagee, hereafter holding any interest in the Property acknowledges that the reservations
and grant of the agreements, covenants, and restrictions contained in this Declaration are for
public purposes. It is the intent and purpose of each Owner and the Declarant that the Property,
and each part thereof, be held and occupied by Qualified Purchasers throughout the term of this
Declaration. This Declaration and all undertakings. pursuant hereto shall be construed and
administered in light of said intent and purpose.
Section 19. Events of Default and Enforcement.
Declaration 10
A. Event of Default. If the Owner or any person bound by this Declaration defaults
in the performance or observance of any covenant, agreement or obligation under this
Declaration, and if such default remains uncured for a period of 90 days immediately after notice
specifying such default and the actions required to correct the same shall have been given by
Declarant to the Owner or other such person, then such uncured breach or default shall
constitute an "Event of Default' hereunder.
B. Anv Action at Law or in Ectuity. Upon the occurrence of an Event of Default
hereunder, Declarant may take whatever action at law or in equity or otherwise, whether for
specific performance of any covenant in this Declaration or such other remedy as may be
deemed most effectual by Declarant to enforce the obligations of the Owner and all persons
bound under this Declaration, and including the appointment of a receiver to own and occupy
the Property in compliance with this Declaration, or the institution and prosecution of any action
or proceeding at law or in equity to abate, prevent or enjoin any such violation or attempted
violation or to enforce compliance or to recover monetary damages caused by such violation or
attempted violation.
C. Specific Performance; Appointment of Receiver. In addition to any and all
other available remedies, the Owner hereby consents and agrees that any one or more of the
following remedies shall be available upon the occurrence of an Event of Default hereunder.
1. Specific Performance. The Owner hereby acknowledges and agrees
that specific performance of the covenants and requirements of this
Declaration shall be necessary to achieve the intent hereof, and that no
appropriate remedy at law would be available upon an Event of Default
hereunder, or if available, any such remedy would be inadequate to
implement the public purposes hereof, and that Declarant would be
irreparably injured .by the Owner's (or other bound person's) failure
specifically to perform the covenants and requirements hereof; therefore,
notwithstanding anything to the contrary stated in this Declaration,
Declarant will have the right to seek specific performance of any of the
covenants and requirements of this Declaration or an order enjoining any
violation of this Declaration, including exercising the Purchase Option,
voiding any rental or leasing arrangement, any contract for sale, or any
sale or other transfer or conveyance of the Property in violation of this
Declaration.
2. Appointment of Receiver. The Owner, for itself and its successors and
assigns, hereby agrees that the appointment of a receiver may be
necessary to prevent waste to the Property following an Event of Default
under this Declaration. Declarant may require the appointment of such a
receiver.
D. Reimbursement; Damages. In addition to any and all applicable remedies,
Declarant may require that the Owner or any occupant of the Property, in Declarant's sole
discretion,
{i) pay damages to Declarant in an amount equal to the difference between
(a) the fair market value of the Property free of the restriction imposed by
this Declaration, and (b) the fair market value of the Property subject to
this Declaration (assuming the same to be perpetual for such purpose),
Declaration 91
(ii) in the case of any rental or leasing which violates this Declaration, pay
damages equivalent to the rent charged during the existence of the
violation, and
(iii) in the case of a conveyance. or other transfer of the Property which
violates this Declaration, pay damages for the cost of creating or
obtaining other comparable dwelling units to replace the Property in the
event the Property can no longer be affordable housing for a Qualified
Purchaser.
E. indemnification. The Owner hereby agrees to pay, indemnify and hold
Declarant, the Board of Education of Evanston Township High School District No. 202, Cook
County, Illinois ("ETHS") and the City of Evanston harmless from any and all reasonable costs,
expenses and fees, including all reasonable attorneys' fees which may be incurred by the
Declarant, ETHS or the City of Evanston in enforcing or attempting to enforce this Declaration
following an Event of Default on the part of the Owner hereunder or its successors or assigns,
whether the same shall be enforced by suit or otherwise or incurred by Declarant, ETHS or the
City of Evanston as a result of such Event of Default, together with all reasonable costs, fees
and expenses which may be incurred in connection with any amendment to this Declaration or
otherwise by Declarant, ETHS or the City of Evanston at the request of the Owner.
F. Cumulative Remedies. No remedy conferred upon or reserved to Declarant,
EYHS or the City of Evanston by this Declaration is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall
be in addition to every other remedy given under this Declaration or any related documents, or
now or hereafter existing at law or in equity. No delay or omission to exercise any right or
power accruing upon any failure to perform under this Declaration shall impair any such right or
power or shall be construed to be a waiver thereof.
Section 20. Ap Doi ntment(Revocation of Authorized Person by Declarant. In
addition to the Director, Declarant may from time to time appoint and revoke the appointment of
one or more persons who shall have the authority to exercise Declarants other rights under this
Declaration to the extent stated in the applicable authorizing resolution. Such appointments
shall be made (or revoked) only by resolution passed by Declarant.
Section 21. Miscellaneous.
A. Notices. All notices, certificates or other communications hereunder will be
sufficiently given and will be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, or dispatched by telegram or telecopy (if confirmed promptly
telephonically and in writing by the sender of such telecopy and if receipt of such telecopy is
confirmed in writing by the intended recipient), addressed as follows:
If to Community Partners for Affordable Housing:
Community Partners for Affordable Housing
400 Central Avenue, #111
Highland Park, IL 60035
If to the Owner:
At the Owner's Property address.
Declaration 12
Declarant and the Owner may, by notice recorded in the land records of the County of
Cook, Illinois, designate any further or different addresses to which subsequent notices,
certificates or other communications will be sent.
B. Runninq with the Propertv. The Declarant intends, declares and covenants, on
behalf of itself and all future owners and occupants of the Property during the term of this
Declaration, that this Declaration and the covenants, restrictions and charges set forth in this
Declaration regulating and restricting the use and occupancy of the Property (i) shall be
covenants running with the Property, encumbering the'Property, for the term of this Declaration,
binding upon the Declarant and its successors in title and all subsequent owners and occupants
of the Property, including any purchaser, grantee, owner or lessee of the Property 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 such purchaser, grantee,
owner or lessee and of any such other person or entity having any right, title or interest therein,
for the term of this Declaration, and (ii) are not merely personal covenants of the Owner, and
(iii) shall bind the Owner and their respective successors and assigns during the term of this
Declaration. The Owner, for itself and its successors and assigns, agrees that any and all
requirements of the laws of the State of Illinois to be satisfied in order for the provisions of this
Declaration to constitute deed restrictions and covenants running with the Property shall be
deemed to be satisfied in full, and that any requirements of privity of estate are intended to be
satisfied, or in the alternate, that an equitable servitude has been created to ensure that these
restrictions run with the land. Each and every contract, deed or other instrument hereafter
executed covering or conveying the Property or interest therein shall contain an express
provision making such conveyance subject to the covenants, restrictions, charges and
easements 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, restrictions, charges and easements regardless of whether or not such
covenants restrictions, charges and easements are set forth or incorporated by reference in
such contract, deed or other instrument.
C. Governinq Law. This instrument shall be governed by the laws of the State of
Illinois without regard to principles of choice or conflict of laws.
D. Release, Modification or Amendment. This Declaration may not be released,
modified or amended without the prior written consent of Declarant. The Owner shall duly record
such release, modification or amendment, including said prior written consent of Declarant, in
the land records of the County of Cook, Illinois and bear the costs of such recordation-
E. Captions. The captions and headings in this Declaration are for convenience
only and in no way define, limit, or describe the scope or intent of any provisions or sections of
this Declaration.
F. Survival of Enforcement Riahts. Notwithstanding the definition of Owner
contained in this Declaration, the rights of enforcement for violations of this Declaration shall
survive any subsequent sale or transfer of the Property.
G. No Subordination,. The rights and obligations created by this Declaration are
intended to never, under any circumstance, be subordinate to or capable of subordination to the
financial or other property interest of any third party acquiring rights in the Property after the
recording of this Declaration.
Declaration 13
H. Severabitity. If any provision of this Declaration or the application thereof to any
person or circumstances is held to be invalid or unenforceable by any decision of any court of
competent jurisdiction, such decision shall not impair or otherwise affect any other provision of
this Declaration, or the application of such provision to persons or circumstances other than
those as to which it is held invalid or unenforceable. If any provision of this Declaration is held
to constitute a violation of the rule against perpetuities, that provision shall be deemed to remain
in effect until the death of the last survivor of the now living descendants of Barack Obama,
President of the United States, plus 21 years thereafter.
1. Patriot Act. Each party represents and warrants that it is not acting; directly or
indirectly, for or on behalf of any person, group, entity, or nation named by the United States
Treasury Department as a Specially Designated National and Blocked Person, or for or on
behalf of any person, group, entity, or nation designated in Presidential Executive Order 13224
as a person who commits, threatens to commit, or supports terrorism; and that it is not engaged
in this transaction directly or indirectly on behalf of, or facilitating this transaction directly or
indirectly on behalf of, any such person, group, entity, or nation. Each party hereby agrees to
defend, indemnify, and hold harmless the other from and against any and ail claims, damages,
losses, risks, liabilities, and expenses (including reasonable attorneys` fees and costs) arising
from or related to any breach of the foregoing representation and warranty.
[END OF TEXT - SIGNATURE PAGES FOLLOW]
Declaration 14
IN WITNESS WHEREOF, the Declarant has executed, sealed and delivered this
Declaration, as of the date first set forth above.
Declarant:
By:
Print:
Tine:
Declaration 15
EXHEBff A
Legal Description
Declaration 16
EXHIBIT B
Letter of Stipulation of Owner and Letter of Acknowledgment of Legal Counsel of Owner
Letter of Stipulation of Owner
To: Community Partners for Affordable Housing
Date:
I will be purchasing a home from ("Seller") having an address of
("Propert)(). Seller will transfer title to the
Property subject to a Declaration of Covenants, Conditions, and Restrictions ("Declaration")
recorded with the Recorder of Deeds of Cook County, Illinois on as
document number . This letter is given to Community Partners for Affordable
Housing pursuant to the Declaration.
My legal counsel, , has explained to me the terms and
conditions of the Declaration and other legal documents that are part of this transaction. I
understand the way these terms and conditions will affect my rights as the owner of the Property
and as a Qualified Purchaser (as defined in the Declaration), now and in the future.
In particular I understand and agree with the following points:
1. One of the goals of Community Partners for Affordable Housing is to keep homes
affordable for lower income households from one Qualified Purchaser to the next. I
acknowledge this goal as a Qualified Purchaser.
2. The Declaration will keep the Property affordable .for future "Qualified Purchasers'. If and
when I want to sell the Property, I am required to sell it either to Community Partners for
Affordable Housing or its assignee, designee or nominee or to another Qualified Purchaser, and
the price for which I can sell the Property, in order to keep it affordable for Qualified Purchasers,
is limited to the price that is determined in accordance with the Declaration.
3. It is also a goal of Community Partners for Affordable Housing to promote ownership of
affordable homes by individuals who will occupy those homes as their principal residence. For
this reason, the Declaration requires that if I and my family move out of the Property
permanently, I must sell it. I cannot continue to own it as an absentee owner.
4. 1 understand that upon my death, I can leave the Property to my spouse, or to my Domestic
Partner (as defined in the Declaration), or to one or more of my children, or to any member of
my household provided that such household member has resided at the Property for at least
one year immediately prior to my death, and that alter my death, such person(s) can own the
Property for as long as they want to live in it and abide by the Declaration, or they can sell the
Property on the terms permitted by the Declaration.
As a Qualified Purchaser, it is my desire to see the Declaration and related documents
honored. I consider these terms fair to me and others.
Sincerely,
Declaration 17
Letter of Acknowledgment of Leaal Counsel of Owner
To: Community Partners for Affordable Housing
Date:
1, , have been independently employed by
(the "Client") who intends to purchase a home in the City of
Evanston. The home is located at , Evanston, Illinois (the "Property").
In connection with the contemplated purchase of the Property, I reviewed with the Client
the following documents relating to the transaction:
1) this Letter of Acknowledgment and a Letter of Stipulation of Owner from the
Client;
Z) a proposed deed conveying the Property to the Client (the "Deed"); and
3) the covenants, conditions and restrictions of record to which the Deed is subject
(including, without limitation, the covenants, conditions and restrictions set forth
in that certain Declaration of Covenants, Conditions and Restrictions recorded
with the Recorder of Deeds of Cook County, Illinois on as
document number ).
The Client has received full and complete information and advice regarding this convey-
ance and the foregoing documents. My advice and review have been given to reasonably
inform the Client of the present and foreseeable risks. and legal consequences of the contem-
plated transaction.
The Client is entering into the aforesaid transaction in reliance on his/her own judgment
and upon his/her investigation of the facts. The advice and information provided by me was an
integral element of such investigation.
Name
Title
Firm/Address
Declaration 18
EXHIBIT C
Certificate of Compliance
The undersigned hereby certifies that, to the best of his knowledge, based upon the
information that Community Partners for Affordable Housing has in its possession and the
information that has been delivered to Community' Partners for Affordable Housing, the
conveyance of the property commonly known as from
to pursuant to the deed or other
instrument to which this Certificate of Compliance is attached, complies with and is not in
Violation of the covenants, conditions and restrictions set forth in that certain Declaration of
Covenants, Conditions, and Restrictions recorded with the Recorder of Deeds of Cook County,
Illinois on as document number 1.
Director of Community Partners for Affordable
Housing
STATE OF ILLINOIS j
SS.
COUNTY OF LAKE )
1, the undersigned, a Notary Public in said County in the State aforesaid, DO HEREBY
CERTIFY that the Director of Community Partners for
Affordable Housing, and personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared. before me this day in person and
acknowledged that as such he/she signed and delivered the said instrument pursuant to proper
authority, as his/her free and voluntary act, and as, the free and voluntary act and deed of
Community Partners for Affordable Housing for the uses and purposes therein set forth.
Given under my hand and notarial seal, this day of 20_
Notary Public
Declaration 19
EXHIBIT D
Sample Calculation of the Formula Purchase Price
Initial Purchase
Initial appraised value $200,000
Minus purchase price reduction $ 70.000
Equals Home Buyer's Purchase Price $130,000
Resale —10 vears later
Current appraised value $250,000
Minus initial appraised value $200.000
Equals Market Value Appreciation $ 50,000
Multiplied by Horne Owner's Investment Ratio: 65%'
($50,000 X .65) Equals $32,500
This is the share of appreciation attributable to the owner's investment
The share of appreciation attributable to the owner's
investment: $32,500
Multiplied by shared appreciation factor
($32,500 X .25)
This is the owner's share of Market Value
Appreciation (MVA)
Owner's Purchase Price
Plus Owner's share of MVA
Plus Improvements credit, if any
Equals Formula Price
25%Z
Equals $8,125
$130,000
$ 8,125
$ 3.6W
$141,725
Note: The Purchase Option Price is the lesser of the Formula Price and the Current
Appraised Value,
EXHIBIT E
i Home Buyer's Investment Ratio is the Purchase Price ($130,000) divided by the Initial Appraised Value
($200,000).
2 The shared appreciation factor is established to ensure a fair return to the owner and still keep the home affordable
for the subsequent buyer.
3 Calculation of Structural and Mechanical Improvements Credit .Assume that Horne Owner added a new roof in
year 4 of ownership at an approved cost of $6,000. At 15-year straight line depreciation (subtract $400 each year),
the value of the credit after year 10 is $3,600.
Declaration 20
EXHIBIT E
Release and Authorization Form
IIWe are currently purchasing a home
at that is being developed under Community
Partners for Affordable Housing. Such purchase will also involve a first mortgage loan that Ilwe
intend to secure from , the "Senior Lien Holder."
The purpose of this release and authorization form is to confirm that Ifwe agree (i) to
provide Senior Lien Holder all information required by and received from Community Partners
for Affordable Housing and permitted assigns and designees and (ii) that Senior Lien Holder
may provide Community Partners for Affordable Housing and permitted assigns and designees,
all information pertaining to the first mortgage loan for the term of the loan,
Signed:
Signed:
Declaration 21
Date:
Date:
EXHIBIT F
Capital Improvements Credit
Permissible Expenditures
Owner may elect to receive a Capital Improvement Credit, which credit shall be applied in the
calculation of the Formula Price as set forth Subsection 9.E, for any one or more of the following
structural or mechanical improvements:
9. Repair and/or replacement of the heating system only to the extent that such repair or
replacement is necessary because of a safety hazard caused by the heating system or
failure of the Heating System due to full life span depreciation estimated at roughly 1S
years. No credit will be given for upgrades designed to increase efficiency as the only
reason for improvement
2. Repair and/or replacement of electrical components in the home that are directly
related to health and safety. For example, Declarant would approve a credit for open
wiring found to be an electrical safety hazard but would not approve a credit for a new
living room lighting fixture.
3. Repair and/or replacement of plumbing components in the home that relate to either
safety or flow problems. For example, Declarant would approve a credit for inadequate
water flow to a shower fixture (to be determined by independent testing) but would not
approve a credit for replacing a faucet with a different model.
4. Repair and/or replacement of the roof of the home when it is deemed by at least two
roofing professionals (one picked by Owner and one by Declamt) to be fully
depreciated.
5. Repair of a damaged structural element that threatens the structural integrity of the
Improvements.
Owner may not receive a Capital Improvement Credit for any work that is not included in the above
list of improvements.
Qualification for Improvements Undertaken BV Owner
In order to qualify for a Capital Improvements Credit for improvements to the Property to be
undertaken by the Owner , Owner must receive the written consent of Declarant before
undertaking any work, as specified in Sections 15 and 16 of the Declaration. After receiving such
written consent, Owner shall present Declarant with a selected bid. Declarant shall review the bid
and notify Owner of the Maximum Capital Improvements Credit to be allowed. Owner shall notify
Declarant upon completion of construction and shall provide Declarant with a copy of all receipts
for payments related to the improvement. Following inspection by Declarant of the completed
construction, Declarant shall provide Owner with written Approval of Capital Improvements Credit
setting forth the date construction was completed and the amount of the Maximum Capital
Improvements Credit allowed, Such approval shall be evidenced by the Exhibit G, Approval of
Capital Improvements Credit.
To determine the amount of the Capital Improvements Credit for such improvements for the
purpose of calculating the Formula Purchase Price pursuant to Subsection 9,E, the Maximum
Capital Improvements Credit shall be depreciated on a straight line basis for a period of fifteen
(15) years following completion of construction. There will be no Capital Improvements Credit
after the end of such 15-year period. The value of the credit will be prorated for partial years.
Declaration 22
Below is an example of the calculation of the Capital Improvements Credit for structural and
mechanical improvements to the Property undertaken by the Owner based on the following
facts:
• Owner repairs heating system at a cost of $1,500
• Construction is completed on December 31, 2010
To calculate the value of the Capital Improvements Credit at 15-year straight line
depreciation, subtract $100 each year from $1,500. The following table shows the
value of the credit over the allowable 15-year depreciation period. The year, for
purposes of this sample calculation, begins on January 1.
Year
Value of Credit
2011
$1,400
2012
$1,300
2013
$1,200
2014
$1,100
2015
$1, 000
i 2016
$900
2017
$800
2018
$700
2019
$600
2020
$500 II
2021
$400 jJ
2022
$300 j
2023
$200
2024
$100
2025
$ 0
Declaration 23
EXHIBIT G
Approval of Capital Improvements Credit
1. Name of Owner:
2. Address of Property:
3. Description of improvement (Check applicable improvement and describe as necessary.)
Repair/replacement of heating system in Owner's unit due to safety hazard or
failure of system due to full life span depreciation estimated at approximately 18
years
Repair/replacement of electrical components in Owner's unit directly related to
health and safety
Repair/replacement of plumbing components in Owners unit related to safety or
flow problems
Repair/replacement of the roof when it is deemed to be fully appreciated
Repair/replacement of a damaged structural element that threatens the structural
integrity of the improvements.
4. Maximum amount of Capital Improvements Credit allowed:
5. Date construction completed:
6. Total cost of improvement (attach copy of all payment receipts): $
7. Date of inspection of improvement by Community Partners for Affordable Housing:
Based on the above information, Community Partners for Affordable Housing, by its designee,
hereby approves a Capital Improvements Credit for the above -described improvement for the
maximum amount indicated. For p irposes of calculating the value of the credit in determining
the formula purchase price pursuant to Subsection 9.E, a year will run from [insert month and
date of the day immediately following completion of construction] through [insert month and
date].
(Name)
(Title)
Declaration 24
(Date)