HomeMy WebLinkAboutCC Resolution 10206 (163 Merrydale Rd)RESOLUTION NO. 10206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE SIGNING OF A BELOW MARKET RATE RENTAL HOUSING
AGREEMENT BETWEEN JOHN DIEGO; JAMES DIEGO; T&J FAMILY LIMITED
PARTNERSHIP, AND THE CITY OF SAN RAFAEL FOR TWO BELOW MARKET
RATE RENTAL UNITS RE: 163 Merrydale Road Apartments
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San
Rafael, a Below Market Rate Housing Agreement between John Diego; James Diego; T&J
Family Limited Partnership and the City of San Rafael, a copy of which is hereby attached
and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at the regular
meeting of the Council of said City on Monday, the 4"' day of May, 1998, by the following
vote, to wit:
AYES: COUNCILMEMBERS : HELLER, MILLER, PHILLIPS & MAYOR BORO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS : COHEN
JEA E M. LEONCINI, City Clerk
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Nil
RECORDING REQUESTEL I:
hNo
WHEN RECORDED MAIL TO:
Jeanne M. Leoncini, City Clerk
Department of City Clerk
CITY OF SAN RAFAEL
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
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Recorded I REC FEE 58.00
Official Records I
County Of I
Marin
JOAN C. THAYER I
Recorder I
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01:54PM 18 -Jun -1998 I Page 1 of 18
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Below Market Rate Rental Unit Agreement between City of San Rafael and
John Diego; James Diego; T&J Family Limited Partnership re
163 Merrydale Road, San Rafael.
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THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
ADDITIONAL RECORDING FEE APPLIES
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
Project Name: 163 Merrydale Date: June 10, 1998
Address: 163 Merrydale Road
Owner: John Diego; James Diego; T&J Family Limited Partnership
THIS BELOW MARKET RATE RENTAL UNIT AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS is made and entered this date
June 10 , 1998, between the CITY OF SAN RAFAEL, a municipal corporation
duly organized and existing under the Constitution and laws of the State of California
(the "City"), and John Diego; James Diego; T&J Family Limited Partnership (the
"Owner").
PREAMBLE
WHEREAS, the Owner has proposes to construct a 19 unit residential
apartment complex located on Merrydale Road, San Rafael known as ("Project").
WHEREAS, the Owner owns the real Property located within the corporate limits
of the City and more particularly described in Exhibit "A" attached and incorporated for
reference herein and;
WHEREAS, the Owner has received the City's approval to construct the
Project on the property and;
WHEREAS the City's approval of the project is conditioned upon Owner's
compliance with the Housing Element of the General Plan 2000 and providing low and
moderate income units as set forth in Exhibit "B" attached and incorporated herein.
NOW, THEREFORE, in consideration for the mutual covenants and
undertakings set forth herein, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the City and the Owner do hereby
contract and agree as follows:
AGREEMENT
Section 1. DEFINITIONS AND INTERPRETATION. Unless otherwise
expressly provided herein or unless the context clearly requires otherwise, the following
terms shall have the respective meanings set forth below for all purposes of this Below
Market Rate Rental Unit Agreement:
I
"Affordable Housing Expense" is the maximum rent for any unit occupied by a
Qualifying Tenant which shall be established and updated using the then current
Median Gross Income for the Area as shown for example in Exhibit "B".
"Low Income Household" shall mean the occupant (s) of a residential unit in
the Project whose aggregate adjusted household income does not exceed 80% of the
Median Gross Income for the Area, adjusted for household size.
"Low/Moderate Income Unit" refers to the units described in Exhibit "B".
"Median Gross Income for the Area" shall mean income for households of an
applicable size in the San Francisco PMSA (Primary Metropolitan Statistical Area) most
recently determined by HUD adjusted for household size, as provided by Marin
Housing Authority.
"Moderate Income Household" shall mean the occupant (s) of a residential
unit in the Project whose aggregate adjusted household income does not exceed 120%
of the Median Gross Income for the Area, adjusted for household size.
"Plan" shall mean the City of San Rafael General Plan 2000.
"Program Administrator" shall mean the administrator for compliance of the
Project with the Below Market Rate Unit Rental Agreement which shall be the City.
"Project" shall mean the parcel of real property in the City of San Rafael as
described in Exhibit "A" hereto, and all rights and appurtenances pertaining thereto,
and the buildings, structures and other improvements constructed or to be constructed
thereon, including all fixtures and other property owned, leased or licensed by the
Owner and located on, or used in connection with, such buildings, structures or other
improvements, all of which shall be constructed and operated by the Owner in
accordance with the restrictions set forth in this Agreement.
"Project Period" means a period of forty (40) years commencing on the date of
occupancy of 50% of the units in the Project. Upon occupancy of 50% of the units in the
Project, Owner and City shall execute, and record, with the Marin County Recorders
Office, Exhibit "E" to this Agreement specifiying the commencement and expiration date
of Project Period. The restrictions set forth herein shall be deemed covenants running
with the land provided, however, that upon termination of this Agreement said
covenants shall expire.
"Qualifying Tenant" means resident households whose incomes do not
exceed the household income limits for Low Income Household and/or Moderate
Income Household.
Section 2. QUALIFYING TENANTS
(a) SELECTION. For the duration of the full Project Period, Qualifying Tenant
selection shall be based on income eligibility for Low and Moderate Income
Households as defined in Section 1 and subject to final approval by the Owner.
(b) QUALIFICATION. Qualifying Tenant status shall be determined at the time
of initial occupancy of a unit by the tenant(s) and certified annually on the basis of a
Tenant Income Certification (Exhibit "C") executed by the Qualifying Tenant and
accompanied by a copy of: (i) their federal income tax return for the immediately prior
tax year ; or (ii) their employer's verification of current income ; or (iii) if the
Qualifying Tenant is self-employed or the tax return is unavailable, such other
satisfactory evidence of income. If a qualifying Tenant certifies that he/she did not file
or did not retain a copy of their federal tax return, other evidence, such as a current
wage statement or employer records must be obtained.
(c) OCCUPANCY. Throughout the Project Period, the required
Low/Moderate Income Units in the Project shall be occupied and at all times be rented
to Qualifying Tenants at rental rates not to exceed the Affordable Housing Expense as
set forth in Exhibit B. No Qualifying Tenant shall be denied continued occupancy,
because this tenant exceeds the income limits. If, as of the most recent Tenant Income
Certification, it is determined that the income of Qualifying Tenant exceeds one
hundred -forty percent (140%) of the Median Gross Income for the Area, then they shall
no longer qualify as a Qualifying Tenant. The Owner shall provide the next vacated
unit (s) of comparable or smaller size to a Qualified Tenant, as needed to achieve
compliance.
The Owner shall immediately notify, in writing, each tenant who is no longer a
Qualified Tenant of such fact, and that such tenant(s) rent is subject to increase 30
days after receipt of such notice. The Owner shall be entitled to so increase any such
tenant's rent only if Owner complies with any law applicable thereto and only after the
Owner has rented the next available unit or units in the Project on a one-for-one basis
to a Qualified Tenant, or holds units vacant and available for occupancy by Qualified
Tenants.
The Owner agrees to inform all prospective Qualifying Tenants of the
requirements for annual certification of income and of the provisions of the preceding
paragraphs.
3
Section 3. REPORTING.
(a) EXHIBIT "C" TENANT INCOME CERTIFICATION. Exhibit C shall be
obtained from each Qualified Tenant and maintained on file by the Owner. If not
previously submitted, attach copy and submit with Exhibit D to the Program
Administrator.
(b) EXHIBIT "D" CERTIFICATION OF CONTINUING COMPLIANCE. Exhibit D
shall be submitted by the Owner to the Program Administrator quarterly until the
project is fifty percent (50%) occupied and semi-annually thereafter for the Project
Period.
(c) The Owner shall permit the Program Administrator to inspect the Project
records at the Owner's office upon 10 days notice.
Section 4. COVENANTS. It is intended and determined that the provisions of
this Agreement shall constitute covenants which shall run with the land comprising the
Project for the benefit thereof, and the burdens and benefits thereof shall bind and
inure to the benefit of all successors in interest of the parties hereto; provided,
however, that on the termination of this Agreement said covenants shall expire.
Section 5. TERM. This Agreement shall become effective upon its execution
and delivery. Except as provided in the immediately following paragraph, this
Agreement shall remain in full force and effect for the Project Period.
Section 6. DEFAULT AND ENFORCEMENT. In the event the Owner leases
any unit at a rent in violation of this Agreement, the Owner shall immediately, upon
notice from the City, rent the unit at the Affordable Housing Rent in accordance with
Exhibit B of this Agreement and pay; (i) to the Qualifying Tenant, an amount equal to
the difference between the amount the Owner actually received for the Unit leased in
violation of this Agreement and the amount the Owner would have received pursuant to
Exhibit B of this Agreement for the term of the violation; and (ii) to the City, as
liquidated damages, an amount equal to two times the difference between the amount
the Owner actually received for the Unit leased in violation of this Agreement and the
amount the Owner would have received pursuant to Exhibit B of this Agreement for the
term of the violation. The parties agree that this formula for establishing liquidated
damages is reasonable considering all the circumstances existing on the date of this
Agreement, including (a) the range of harm that would result to the City and its housing
program under its general plan from violation of this Agreement by the Owner, and (b)
the anticipation that proof of the actual damages would be costly and inconvenient. In
the event the Tenant cannot be located within a reasonable time the Owner shall pay
to the City the total amount due to the Tenant.
4
Section 7. MONITORING FEE. The Owner agrees to pay to the City during
the Project Period an annual monitoring fee payable on or before June 1 of each year
and shall be calculated at the rate of $150.00 per Low and Moderate Income Unit per
year. Total annual fee $300.00. If the expenses of the City in monitoring compliance
by the Owner, with provisions of this Agreement, are in excess of $130.00 in any
annual period, the Owner upon written demand shall pay such actual excess costs in
an amount not to exceed 10% increase per year.
Section 8. UNIT MIX, LOCATION AND HOUSEHOLD SIZE. The Below Market
Rate Units shall be located on the parcel described in Exhibit A.
Section 9. GOVERNING LAW. This Agreement shall be governed by the laws
of the State of California.
Section 10. AMENDMENTS. This Agreement shall be amended only by written
instrument signed by all of the parties hereto.
Section 11. ATTORNEY'S FEES. In the event that a party to this Agreement
brings an action against any other party to this Agreement by reason of the breach of
any condition or covenant, in this Agreement, or otherwise arising out of this
Agreement, the prevailing party in such action shall be entitled to recover from the
other reasonable attorney's fees to be fixed by the court which shall render a judgment,
as well as the costs of suit.
Section 12. SEVERABILITY. If any provision of this Agreement shall be invalid,
inoperative or unenforceable as applied in any particular case in any jurisdiction
because it conflicts with any other provision (s) or any constitution or statute or rule of
public policy, or for any reason, such circumstance shall not have the effect of
rendering the provision in question inoperative or unenforceable in any other case or
circumstance or of rendering any other provision or provisions contained herein invalid,
inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or
more phrases, sentences, clauses or sections contained in this Agreement shall not
affect the remaining portions of this Agreement, or any part hereof.
Section 13. RECORDING AND FILING. The Owner shall cause this Agreement
and all amendments hereto to be recorded and filed in the real property records in the
office of the County Recorder of Marin County within 5 working days of the City's
execution of the Agreement and shall pay all fees and charges incurred in connection
therewith and shall transmit a recorded copy to the City. Upon the expiration of the
Project Period the City shall cooperate with the Owner, at the sole expense of the
Owner, in the recording of such instruments or instruments of release or termination as
the Owner may reasonably request.
5
Section 14. NOTICE. All notices required or permitted under this Agreement
shall be sent by certified United States mail, or an overnight courier service requiring a
signed receipt, addressed as follows :
TO THE CITY: City of San Rafael
Attn : City Manager
P.O. Box 151560
San Rafael, CA 94915-1560
TO THE OWNER:
Tom Shipsey
125 Thunderbird Ct.
Novato, CA 94949
Notice shall be deemed served for purposes of the Agreement one day after deposit in
the United States mail or acceptance by the overnight courier service. Any party may
change its address for purpose of notice by giving notice pursuant to this section.
Section 15. TERMINATION. This Agreement shall terminate and be of no
further force or effect at the end of the Project Period.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first written above.
ATTEST:
A6an`nieV'
eoncini,
City Clerk
CITY OF S RAFA
BY: �Q—`-.--
Nam A�6ERT DRO,
Title : MAYOR
Owner
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(�N.arj:ohn Di o
artner, Diego rothers, Inc.
Owner
BY
James kiego
Partner, Diego Brothers, Inc.
Owner
By6 Thomas Shipsey
Partner, T & J Family Partnership
ALL-PURPOSE ACKNOWLEDGMENT
State of California )
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Name and Title of Officer (i.e., Your Name, Notary Public)
personallyappeared "�
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Name(s) of Document Signer(s)
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons(s) whose names(s) is/are subscribed to the within instrument and
' acknowledged to me that he/she/they executed the same in his/her/their authorized ,
capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
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Signature of Notary
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ALL-PURPOSE ACKNOWLEDGMENT
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acknowledged to me that he/she/they executed the same in his/her/their authorized 1
capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or
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WITNESS my hand and official seal.
Signature of Notary
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin
On June 10, 1998 , before me,
Dale
personally appeared Albert J. Boro
ss.
Nancy Eurman, Notary Public
r
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Names) of Signer(s)
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to be the person whose names)('s
subscribed to the wi�th' -�instrument and
acknowledged to me a ' /ttjsy executed
the same in hi Iyer/tlauthorized
capacityU-9:s), and that by is r/their
signature*on the instrument the person.(xaj, or
the entity upon behalf of which the person(s)-
acted, executed the instrument.
WI ESS my hand and official seal.
Place Notary Seal Above �� �� ti'ture of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Dgc{j meet
Title or Type of Document: below Market Rate Rental Unit Agreement re:
163 Merrydale Road, San Rafael
Document Date: June 10, 1998 Number of Pages: Thirteen (13)
Signer(s) Other Than Named Above: Owner: John Diego; James Diego; T&J Family
Limited Partnership
Capacity(les) Claimed by Signer
Signer's Name: Albert J. Boro !Mcl,
❑ Individual
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
9 Other: Mayor
Signer Is Representing: City of San Rafael
01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876.6827
NANCY EURMAN D
0
COMM. #1086576
0
NOTARY PUBLIC -CALIFORNIA
t
MAMCOUNTY
My Comm. El�(ftfs Feb. 4, 2000 `
v - - - .
ss.
Nancy Eurman, Notary Public
r
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Names) of Signer(s)
IM personally known to me
J proved to me on the basis of satisfactory
evidence
to be the person whose names)('s
subscribed to the wi�th' -�instrument and
acknowledged to me a ' /ttjsy executed
the same in hi Iyer/tlauthorized
capacityU-9:s), and that by is r/their
signature*on the instrument the person.(xaj, or
the entity upon behalf of which the person(s)-
acted, executed the instrument.
WI ESS my hand and official seal.
Place Notary Seal Above �� �� ti'ture of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Dgc{j meet
Title or Type of Document: below Market Rate Rental Unit Agreement re:
163 Merrydale Road, San Rafael
Document Date: June 10, 1998 Number of Pages: Thirteen (13)
Signer(s) Other Than Named Above: Owner: John Diego; James Diego; T&J Family
Limited Partnership
Capacity(les) Claimed by Signer
Signer's Name: Albert J. Boro !Mcl,
❑ Individual
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
9 Other: Mayor
Signer Is Representing: City of San Rafael
01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
Marin ss.
On June 16, 1998 , before me, Nancy Eurman, Notary Public ,
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared John Diego
Name(s) of Signers)
❑ personally known to me
IN proved to me on the basis of satisfactory
evidence
to be the person( whose name(s) Qaw,
subscribed to the within instrument and
acknowledged to me a he /tbay executed
the same in it per/thWr authorized
capacity(fys), and that by hi Iter/owk
r NANCY EURMAN D signature} on the instrument the persona}; or
4 _� COMM. *1086576 11 the entity upon behalf of which the person(s)
Q NOT FORMA O
� acted, executed the instrument.
CommI My Expires Feb. 4, 2000
WIlie;�
NESS my hand and official seal.
Ast�
Place Notary Seal Above ignature of Notary Public
OPTIONAL v
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Below Market Rate Rental Unit Agreement re:
163 Merrydale Road, San Rafael
Document Date: June 10, 1998 Number of Pages: Thirteen (13)
Signer(s) Other Than Named Above: Albert J. Boro, Mayor of the City of San Rafae
Capacity(les) Claimed by Signer
Signer's Name: John Diego
❑ Individual VIM
Top of thumb here
❑ Corporate Officer — Title(s):
XX Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Diego Brothers, Inc.
01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827
Order No. 516597 -SP EXHIBIT "A"
DESCRIPTION
All that certain real property situate in the City of San Rafael,
County of Marin, State of California, and is described as follows:
Beginning at a point on the Southwesterly right of way line of the Old
County Road leading from San Rafael to Petaluma; said point being North
320 34' 30" West 450.00 feet from the most Northerly corner of that
certain parcel of land conveyed from John Brazil, et ux to John Timmer, et
ux, by Deed recorded June 26, 1947 in Book 555 of Official Records at Page
at Page 156, Marin County Records; and thence running along the
Southwesterly line of said County Road, North 320 34' 30" West 150.00
feet; thence leaving said County Road and running South 52° 21' 20" West
250.00 feet, South 321 24' 30" East 150.00 feet and North 520 21' 20" East
250.0 feet to the point of beginning.
Excepting therefrom that portion conveyed by Robert A. Vasser, et ux to
the City of San Rafael, recorded September 21, 1978 in Book 3436 of
Official Records at Page 580, Marin County Records, more particularly
described as follows:
Beginning at a point on the Southwesterly right of way line of the Old
County Road leading from San Rafael to Petaluma; said point being North
32° 34' 30" West 450.00 feet from the most Northerly corner of that
certain parcel of land conveyed from John Brazil, et ux to John Timmer, et
ux, by Deed recorded June 26, 1947 in Book 555 of Official Records at Page
156, Marin County Records and running thence along the Southwesterly line
of said County Road, North 321 34' 30" West 150.00 feet; thence leaving
said County Road and running South 520 21' 20" West 20.00 feet, South 32°
34' 30" East 150.00 feet and North 52° 21' 20" East 20 feet to the point
of beginning.
EXHIBIT "B"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL AGREEMENT
Project Name: 163 Merrydale Date:
Address : 163 Merrydale Road
Owner: John Diego; James Diego; T&J Family Limited Partnership
TOTAL NUMBER OF UNITS: 19
TOTAL NUMBER OF LOW / MODERATE INCOME UNITS: 2
NUMBER OF LOW INCOME UNITS: 1
NUMBER OF MODERATE INCOME UNITS: 1
AFFORDABLE HOUSING EXPENSE CALCULATION: For example, using the 1998
Median Gross Income for the Area such calculation would be as follows:
Low Income Units: The one bedroom unit Housing Expense shall not exceed 1/12
of 30% of 65% of the median gross annual income for a 2 person household. The two
bedroom unit Housing Expense shall not exceed 1/12 of 30% of 65% of the median gross
annual income for a 3 person household. The maximum qualifying tenant income is 80% of
median.
1 person 2 person 3 person 4 person
Median 48,000 54,900 61,750 68,600
65% 26,880 35,685 40,138 44,590
1 Bedroom
Income : $35,685 (Two person household @ 65% of median)
Housing Expense : ($35,685/12) x 30% _ $892
2 Bedroom
Income : $40,138 (Three person household @ 65% of median)
Housing Expense : ($40,138/12) x 30% _ $1,003
1 C OC'Y
Moderate Income Units: The one bedroom unit monthly rent shall not exceed
1/12 of 30% of 90% of the median gross annual income for a 2 person household. The two
bedroom unit rent shall not exceed 1/12 of 30% of 90% of the median gross annual income
for a 3 person household. The three bedroom unit monthly rent shall not exceed 1/12 of
30% of 90% of the median gross annual income for a 4 person household.
1 person 2 person 3 person 4 person
Median 48,000 54,900 61,750 68,600
90% 43,200 49,410 55,575 61,740
1 Bedroom
Income: $49,410 (Two person household @90% of median)
Housing Expense : ($49,410/12) x 30% = $1,235
2 Bedroom
Income: $55,575 (Three person household @ 90% of median)
Housing Expense: ($55,575) x 30% = $1,389
2
EXHIBIT "C"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
TENANT INCOME CERTIFICATION
Project Name: 163 Merrydale Date:
Address :
Owner:
APARTMENT NO.
163 Merrydale Road
John Diego; James Diego; T&J Family Limited Partnership
MONTHLY RENT:
TENANT / HOUSEHOLD NAME:
last
first
TOTAL CURRENT HOUSEHOLD GROSS ANNUAL INCOME:
(total household income includes all wages, salaries, etc., as reported as gross income
for federal income tax or pay stubs or other relevant documentation.) Attached hereto
are federal or state income tax returns, stubs from paychecks or other evidence of the
income of the persons listed below.
Name of Member
of the Relationship Age Social Place of
Household Security No. Employment
I/We the undersigned have read and answered fully, frankly and personally each of the
above questions under penalty of purjury and do hereby swear they are true.
Tenant - Head of Household
Date :
EXHIBIT "D"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
CERTIFICATION OF CONTINUING COMPLIANCE
Project Name: 163 Merrydale Date:
Address: 163 Merrydale Road
Owner: John Diego; James Diego; T&J Family Limited Partnership
TOTAL UNITS: 19
TOTAL LOW and MODERATE INCOME UNITS: 2
The undersigned, in accordance with the BELOW MARKET RATE RENTAL UNIT
AGREEMENT with the City of San Rafael dated
for the Project does hereby certify that during the preceding twelve (12) months, the
following units were occupied in accordance with the Below Market Rate Rental Unit
Agreement and does hereby further certify that the representation set forth herein are
true and correct to the best of the undersigned's knowledge.
Low Income
Tenants Name
Moderate Income
Tenants Name
Unit Monthly Annual Household
No. Rent Income size
Signed: Date
Owner
attach additional sheets if necessary
EXHIBIT "E"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL AGREEMENT
NOTICE OF COMMENCEMENT OF PROJECT PERIOD
Project Name: 163 Merrydale Date:
Address : 163 Merrydale Road
Owner: John Diego; James Diego; T&J Family Limited Partnership
The "Project Period" as defined in that certain BELOW MARKET RATE RENTAL UNIT
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, recorded on
, as Document # , in the Office of the Marin
County Recorder and pertaining to the real property within the City of San Rafael, State
of California, described in Exhibit "A" attached hereto, commenced on
The Project Period will expire on
CITY OF SAN RAFAEL
ATTEST:
BY:
Name:
Title:
City Clerk
OWNER
BY:
Name:
Title:
June 5, 1995
C - f \ W`
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