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HomeMy WebLinkAboutCC Resolution 8976 (Boyd Court Condominiums BMR)RESOLUTION NO. 8976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF TWO (2) BELOW MARKET RATE AGREEMENTS AND ONE (1) BELOW MARKET RATE HOUSING GRANT AGREEMENT RE: BOYD COURT CONDOMINIUMS BETWEEN THE CITY OF SAN RAFAEL AND SAN RAFAEL HOUSING GROUP, INC. BE IT RESOLVED, the MAYOR and the CITY CLERK are authorized to execute, on behalf of the City of San Rafael, two (2) Below Market Rate Agreements and one (1) Below Market Rate Grant Agreement for the Boyd Court Condominiums between the City of San Rafael and the San Rafael Housing Group, Inc.; copies of which are 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 foregoining resolutions were duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on TUESDAY , the 6TH day of JULY , 1993, by the followinq vote; to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: Breiner, Cohen, Thayer & Mayor Boro COUNCILMEMBERS: None COUNCILMEMBERS: Shippey J E M. LEONCINI, City Clerk ORICINA1 °9�6 Recording Requested by: City of San Rafael When Recorded Return to City of San Rafael PO Box 151560 San Rafael, CA 94915 —15 6 0 Attention : City Clerk BELOW MARKET RATE HOUSING AGREEMENT ( Second Trust Deed Units ) Project Name: BOYD COURT CONDOMINIUMS Total Units: 25 BMR Units : 17 Location: Mission Avenue & "C" Street, San Rafael, California Developer: San Rafael Housing Group, Inc., or any successor in interest This Agreement is made and entered into this 6th day of J U L Y , 19_2_3___, among the CITY OF SAN RAFAEL a municipal corporation (hereinafter referred to as "the City"), the HOUSING AUTHORITY OF MARIN, a public body, corporate, and politic, created under the Housing Authority Law of the State of California (hereinafter referred to as "Marin Housing Authority") and SAN RAFAEL HOUSING GROUP, INC., or any successor in interest (hereinafter referred to as "Developer"). A. The Developer intends to construct a 25 unit residential housing development on that certain real property situated within the corporate limits of the City, which real property is more particularly described in Exhibit "A" attached hereto and incorporated herein. B. The City, in accordance with the provisions of the Housing Element of its General Plan, has approved the Developer's proposed development on condition that the Developer provide therein seventeen (17) dwelling units to be sold at prices which are within the means of moderate -income households. June 24, 1993 C. Marin Housing Authority is authorized by law to participate in programs which provide housing for households of moderate income, and is by experience qualified to screen and determine eligibility of applicants for moderate -income households. The parties hereto desire, by this Agreement, to cooperate in implementing the efforts of the Developer, to comply with the requirement that the Developer make available said dwelling units at prices which are within the means of moderate -income households. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. THE UNITS. The Developer agrees that seventeen (17) dwelling units selected by the Developer within the project approved by the City for the property described in Exhibit "A" attached hereto will be sold to moderate households, in accordance with the terms herein and pursuant to the procedures set forth in this Agreement. Said dwelling units are identified in Exhibit "B" attached hereto and will be legally described in an attachment to be recorded with the final map. Said dwelling units are hereinafter referred to as "the Units". 2. TERMS OF SALE. The terms and conditions of any sale of a BMR unit pursuant to this agreement shall be as follows : a. The Developer agrees that the Original Sales Price for the Units shall not exceed the prices set forth in Exhibit "B" attached hereto. The Original Price represents the unit's Fair Market Value established by independent appraisal. b. The purchaser'shall obtain a fust mortgage loan secured by a deed of trust on the unit in an amount not to exceed the BMR price as set forth in Exhibit "B" attached hereto. C. As total consideration for the sale of each BMR Unit, Developer shall recieve the BMR Price. 3. ELIGIBLE PURCHASERS. The Developer agrees to offer the Units for sale only to individuals or households who have been certified as eligible by Marin Housing Authority. 4. NOTICE PRIOR TO COMPLETION. The Developer further agrees to give written notice to Marin Housing Authority at least one -hundred -twenty (120) days prior to estimated issuance of Certificate of Occupancy. 5. 'APPLICANT ELIGIBILITY. Marin Housing Authority agrees to process applications and certify eligibility of applicants as persons or households of moderate income in an expeditious manner. An individual or a household shall be deemed to qualify as a moderate -income applicant provided the income of such individual or household does not exceed one -hundred -twenty -percent (120%) of the median income for the San Francisco Primary Metropolitan Statistical Area (DMSA) —San Francisco, San Mateo and Marin County—as determined by the United States Department of Housing and Urban Development ("HUD"), office of Economic Affairs, Economic and Market Analysis Division, with adjustments for small or larger households (refer to Exhibit "D" attached hereto). June 24, 1993 9. In certifying eligibility of applicants, Marin Housing Authority shall adhere to the requirements for eligibility adopted by the City and specified in EXHIBIT "C" attached hereto. Selection of individuals or households failing within any of the prioritics established in EXHIBIT "C" shall be determined by a drawing or other equitable method mutually agreed upon by the City and the Marin Housing Authority. 6. ADMINISTRATIVE FEE. Marin Housing Authority shall be paid a fee of $750.00 per unit to be paid by the buyer, which payment shall be included in the buyer's closing costs through escrow. 7. TERM FOR SALE OF UNITS. In the event that any Unit remains unsold at the end of one -hundred -twenty days (120) days from the date of issuance of a Certificate of Occupancy by the City for the phase of development in which the subject unit is located, the Developer shall notify Marin Housing Authority in writing of such fact. Within ten (10) working days after receipt of such written notice, Marin Housing Authority or its assignees may notify the Developer in writing that it will purchase such Unit. If such notice is given by Marin Housing Authority, the Developer shall then sell such Unit to Marin Housing Authority or its assignee at the same price it would have been available for sale to households of moderate income. As used herein, the term "sold" shall mean the execution of a contract for purchase and the approval of a mortgage loan for the buyer. In the event that Marin Housing Authority or its assignees does not give such notice, the unit may be sold by the Developer on the open market without restrictions as to price. In such event, the Developer shall pay to the City from the proceeds from the sale of such Unit seventy-five percent (75%) of the difference between the Net Sales Price and the BMR Price specified in Exhibit "B".. Net Sales Price shall be the sales price achieved less commission paid not to exceed six (6%). Said sum shall be paid to the City upon close of escrow on the sale of such Unit or, if the sale is pursuant to a contract of sale, upon execution of such contract, whichever shall fust occur. The City shall pay to Marin Housing Authority ten -percent (10%) of this sum for Marin Housing Authority's use in administering Below Market Rate projects including, but not limited to, on-going BMR monitoring and future BMR re -sales. The balance of any such payments made to the City shall be retained by the City in a special account to be used solely for activities which it deems will facilitate the provision of housing for persons of moderate income. 8. OPTION TO PURCHASE. Each deed or contract conveying a Unit to an applicant certified by Marin Housing Authority shall contain a restriction constituting an Option to Purchase, pursuant to which the buyer agrees that prior to selling the property, it will fust be offered for sale to Marin Housing Authority or its assignee, in writing. The form of the Option to Purchase shall be as set forth in Exhibit "E" attached hereto. 9. SECOND TRUST DEED. The purchaser of the unit shall execute a promissory note secured by a second deed of trust on the unit, the principal amount of which shall be the difference between the Original Sales Price set forth in Exhibit B attached hereto and BMR Price. This promissory note shall be in the form attached hereto as Exhibit F, and shall be secured by a deed of trust in the form attached hereto as Exhibit G, which shall be subordinated to the first mortgage on the unit. June 24, 1993 I 10. TERMINATION OF AGREEMENT. In the event that the development project is not constructed or in the event that the master plan for the project is amended or revised such that the Units specified in Paragraph 1 are no longer required thereby, this Agreement shall thereupon become void, unless one or more of the Units have previously been sold in accordance with the provisions of this Agreement, in which event the provisions of this Agreement will continue in force with respect to the Unit or Units so sold. 11. NOTICES. All notices required to be given under the terms of this Agreement shall be sent fust class U. S. mail, certified/retum receipt requested, or by express courier service, addressed as follows: To the City: City of San Rafael PO Box 151560 San Rafael, CA 94915 -1 5 6 0 ATTN : City Clerk To Marin Housing Authority: To the Developer: Marin Housing Authority P. O. Box 4282 San Rafael, CA 94913 ATTN.: Executive Director San Rafael Housing Group, Inc. 10 "G" Street San Rafael, CA 94901 Attention: Art Chatham Any party may change the address to which notice shall be mailed to it by giving notice thereof to the other parties by certified mail. - �x 12. INDEMNIFICATION. The City shall indemnify and hold harmless Marin Housing Authority and the Developer, its officers, officials, employees and agents from and against all claims, damages, losses and expenses including attorneys fees arising out of any negligent act or omission of the City, except where caused by the active negligence, sole negligence, or willful misconduct of the Marin Housing Authority, or caused by the active negligence, sole negligence, or willful misconduct of the Developer. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fust above written. CITY OF SAN RAF' AE By: I d�-- AL k'f 4B, l aNr June 24, 1993 HOUSING AUTHORITY OF THE COUNTY OF MARIN By. ATTEST: By: City Clerk JE NNE M. LEONCINI ATTEST- By- ERA- L SAN RAFAEL HOUSING GROUP, Pi By: �� C�-!L�zP.L Fpa&,- EXHIBIT "A"—Legal Description of Property EXHIBIT "B"—Schedule of BMR Units and Sales Prices EXl-11BIT "C" --Eligibility of Requirements and Priorities EXHIBIT "D" --Marin County FY 1993 Marin Median Family Income Schedule EXHIBIT "E" --Option to Purchase Juste 24, 1993 5 State of California ) County of Marin ) On 0-i,l�i/ l�, `49.6 before me, A. M. MARCOTTE, a Notary Public in and for the aid Bounty and State, personally appeared Albert J. Boro, Mavor of the Citv of San Rafael personally known to me (or praved to me cn the bcs3s of sus=auteirl ---wee) to be the person(e) whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/ they executed the same in his/ her th authorized capacity (4es) , and that by his/her t,._=_= signature (s) on the instrument the person( -9), or the entity upon behalf of which the person(-&) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL A. M. MARcom sa Notary PubHo-Colifornia (� MARIN COUNTY )9 MY November Expires . A. M. MARCOTtE, NOTARY PUBLIC - November 17, 1995 . My Commission expires 11/17/95 1LL!PURPOSE ACMQWLEo6MW_ None State of Ca 14 it mm s CAPACITY MANED BY SIGNER County of Darin p UMMOLIALM f) /�` � p coApoanTE On ULV 1 t% ��� before me st*10f Q'C I&l'ssA� � V A Si -AR-r14-1 swsE>o>Fce+• aWiooEjouers6 1� 1� - M'�Ax APA�s� - �x6�l>E-rah L personally appeared`" 1 ATTORNEY-N•FAC'T ss�fq aF s� personally known to me - OR -# proved to me on the basis of ry �0 7'R�'1'�(S7 rm 0 S C b be the person iphose p nbed to the h1v am O GUARUMCONSETWATIOR lorowledged to me that hWd*M hex Mftd 0 onwL the same In his#*Fahgk authorized • OFFICIAL SEAL capacity(i'ee). and that by hIS/*w1**j* SREItA K EDWARDS sirMuan the q�Sirm*ntthe persoqv NO-A^r PUBLIC - CALIFORNIA orthe � t>ahatfofwhlchthe � • + r N;ARIN COUNTY P, entitYupon person SIGNER IS REPRESENTING: •ro� My comm. expires APR 12, 1994 wed exemad the If1�WnenL Z Y1lramm my hend and dital seal.�,()���,.�_ iQ� TD SAck- a�- a✓��J AOtX lw'- EXHIBIT "A" All that certain real IALL4�Ly situate in the City of San Rafael County of Marin, State of California, described as follows: PARCEL CNE: A PCRrICN of Block 21 of the To mite of the Town of San Rafael as shown upon that certain Record of Survey Map filed for record in Book 16 of Surveys, at Page 84, Marin County Official Records being more particularly it arly gibed as follows: BEGI NNDG at the Northeast cornier of said Block 21, said Paint of Beginning is further described as being this L.L=.L=,./L1 z of the Westerly line of B Street with the Southerly line of Mission Street, as shown upon said Record of Survey Map; thence F said Point of Beginning, Southerly along the said Westerly line of B Street South 06° 45' West, 80.00 feet; thence departing frau the said Westerly line of B Street North 83° 16' 08" West, 180.00 feet; thence North 06° 43' 52" East, 80.00 feet to the said Southerly line of Mission Street; thence Easterly along the said Southerly lime of Mission Street South 830 16' 08" Fast, 180.03 feet to the Point of Beginning, occitaining 14,401 squame feet, more or less. AN EASIIMENr for ingress arra egress, drainage parking and utilities, in, over and upon a portico of Block 21 of the Townsite of the Tom of San Rafael as shown upon that certain Record of Survey Map filed for Record in Book 16 of Surveys at Page 84, Marin County Official Records being more in,larly described as follows: BEGIlNJM at a point on the Northerly line of Fifth Street, as shorwiz upon said Record of Survey Map, from whiCh the L.L=&.w=.LLM of the said Northerly line of Fifth Street with the Easterly line of C Street bears North 830 04' 44" West, 154.656 feet; thence Fran Said point of beginning, departing from the said Northerly lime of Fifth Street North 060 44' 59" East, 122.01 feet; thence Norte 83° 16' 08" West, 33.00 feet; tbexm South 06° 45' 00" West 21.50 feet; thence North 83° 15' 00" West, 7.00 feet; thence South 060 44' 59" West, 100.38 feet to the said Northerly line of Fifth Street; thence Easterly along the said Northerly line of Fifth Street South 83° 04' 44" Fast, 40.00 feet to the point of beginning. EXHIBIT "B" ( Second Trust Deed Units ) Project Name: BOYD COURT CONDOMINIUMS Total Units : 25 BMR Units : 17 Location: Mission Avenue & "C" Street, San Rafael, California Developer: San Rafael Housing Group, Inc., or any successor in interest SCHEDULE OF UNITS -AFFORDABLE & ORIGINAL SALES PRICES No. of Type Size Income Range Unit # s BMR PRICE Original Sale Price 17 2Br/2Ba 800sf Moderate $153,300 $168,000 * Original sales price to be established by appraisal. In no event shall the difference between the BMR Price and the Original Sale Price be less than nine percent (9%) of the Original Sales Price. Family size, income, loan rate and term and debt to income ratio used to establish the Affordable sales price. Income as established by Marin Housing Authority. See Exhibit "D" Income Range Household Size % of Median Median Income * Household Income Moderate Three Persons- 110% $44,900 $49,390 Mortgage Rate & Term for P&I Loan -to -Value -Ratio Debt to income ratio for P&I 8.5% 90% 29% Underwriting shall be in accordance with FNMA Community Lending Program. Recalculation of above sales prices shall be permitted at the time of receipt by Marin Housing Authority of the Developer's written notice one hundred twenty (120) days prior to the issuance of Certificates of Occupancy for the Units if either :.(i) it is determined that the above -stated mortgage rate is different from the then -current market interest rate; or, (ii) it is determined that the median income for the San Francisco PMSA as determined by the U.S.. Department of H.U.D. has changed from that set forth in Exhibit "D" attached hereto. Upon receipt of the Developer's 120 day notice, the sales price shall be recalculated by Marin Housing Authority using the most affordable available mortgage rate for a 30 year, fixed rate mortgage as determined by Marin Housing Authority and using the most recent median income for the San Francisco PMSA as determined by H.U.D. Such an adjustment to the sales price shall be allowed more than one time only if mutually agreed by all parties to this Agreement. June 24, 1993 EXHIBIT "C" Project Name: BOYD COURT CONDOMINIUMS Location: Mission Avenue & "C" Street, San Rafael, California Developer: San Rafael Housing Group, Inc., or any successor in interest Eligibility Requirements In determining and certifying eligibility of applicants for the subject project, Marin Housing Authority shall adhere to the following criteria: 1. The applicant's total household annual income may not exceed 80% or 120%, respectively, of the current median income for the San Francisco PMSA as determined by the U.S. Department of Housing and Urban Development (HUD), and as adjusted for household size, in order to qualify as "low-income," or "moderate4ncome," respectively. 2. The total value of the applicant household's assets may not exceed 75% of the sales price of the unit. 3. The applicant must qualify as a "First-time Homebuyer" --defined as not having previously owned a principal residence. Priorities for the Drawing, In selecting prospective purchasers from among all eligible applicants, a drawing shall be conducted. The City of San Rafael has determined that the following priorities shall be employed in conducting the drawing to select prospective purchasers. All names shall be drawn from the group of applicants falling within the first priority before drawing names from the second and subsequent priority groups. I. First priority in the drawing for the units shall be given to all permanent, full-time employees of the City of San Rafael. 2. Second priority in the drawing shall be given to all other applicants. BOYD COURT CONDOMINIUMS—San Rafael Housing Group, Inc. / Page 8 of 9 City of San Rafael / Marin Housing Authority 06/24/93 Ln O L1') O M W O EXHIBIT "D" � a 0 O �_ OO It Z < • N a V !^ O N 8� Eo N o 0 0 C) C) 0 C) C) 3 m•__E 'T v ae O Ln Ln Ln Ln o C) o w W C A. V 5= .Y1 -. 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O O O O O O O O •.- Lo r U N C F- Lte O Ln Co Co O o O O W r :3 - •' Z o 00 O M tD N 00 q& O W L-0 E p 0 tor Q r 0� L O N tD 01 Nw Lr; ^w Ow M O C 2 (� N N N M M M 4& 4 fir= O W z LH r U Ln Lai Lo U r = r p[ h +A 0 w 3 N O o O O p O O O on L an W L 1>4 O O O O f� Lo q Ln r O M O Lo Ln tD Ln 00 W r L W i -b C r U 7 Lnw 01 r w w � w 01 w r Mw w Ln I{� 000C 01 U4 N4- br r N N N N M M M CN L4 -'04- •r• W Q L- C CL O r Lp U Ur - OV r - E Lo r= J 'Cr00 O W O 4- C C S W E d 0 •r- M LO Lor) L-+ r- N M !f Ln t0 fl- 00 N 9- W W 1 N +- +J L N Ln O O 4-'r-1 4- O Ln S Ln BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / Pag4' 9 of 9 City of San Rafael / Marin Housing Authority 06/24/93 Ln O L1') O M W O Recording requested by: City of San Rafael EX14151T L. When recorded mail to: CITY OF SAN RAFAEL P.O. Box 60 San Rafael, CA 94913 THIS OPTION TO PURCHASE is granted , 19 by ("Optionors") in favor of Marin Housing Authority ("Optionee'): 1. OEFINI=S. The following definitions shall apply throughout this Option to Purchase. 1.1 Fair Market Value. Tho fair market value of the Property. 1.2 Qpm, The option to purchase tho property granted herein. 1.3 tl n )darin Housing Authority and Its successors and assigns, 1.4 ,onors. and their successors and assigns. 1.5 Pritmissory Note. The promissory note of even date herewith executed by Optionors in favor of Optionee in connection with Optionors' purchase of the Property. 1.6 j?.wMy. The real property described in Exhibit A attached hereto. 1.7 Rental. Any rental or leasing of the Property. 1.8 S.AIL Any transfer of title to the Property, or the execution of an installmont sale contract giving the purchaser a right to possess the Property before sale. Notwithstanding the foregoing, the following shall not be considered a Sale: (a) the creation of a lien or other encumbrance subordinate to this Option to Purchase which does not relate to a transfer of rights of occupancy In the Property; (b) the creation of a purchase money security interest for household 1 appliances; (c) a transfer by devise, dcsuent, ur operation of law on the &adi of a Joint tenRnt or tenant by the entirety; (4� it transfer to a relative resulting from the death of an Optionor; M a transf01 %tore a spouse or child of an Optionoi becomes an owner of the Property; (q) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or incidental property Sottioment ggrecnmcnt by which ft spouse of an Optionor LeComos a sole Owner of tho Property; and (f) a transfer into an intervivos trust in which wi Optionor is and remains a beneflclaty and which does not relate to a transfer of rights of occupancy in the Property. 2. ,RANT OF Q>:1'iplL Optionors hereby grant to Optionoo the option to purchaso tho Froparty on the, terms and conditions act forth herein, 3, CONS I12 'RAi1S?N. Concurrently with the granting of tlie Option, Optioncc is prgviding Optionors with a loan enabling Optionors to purchase the Property. 'The Option is gt'itlltc4l In Consideration of Optioneo's making of dto loan. 4. TER The term of the Option slixll commence as of the date of this Option to Furchase and shall Gxplte exactly sixty (60) years following such date. S. MFTHOA QF Jd20�RMSF, 5.1 .lint, If and when Optionors intend to effoct a Salc or R$ntal, Optionors shall notify Optlunut in writing of such intent. 5.2 Notice of�1✓xv.gLu,, 7b exercise the Option, Optionee must, within thirty (30) days of its receipt of any notice given pursuwit to Section 5.1 above, notify Optionors In writing of Its lntcnt to exorcise. 5.3 Failure t ProvidLNgtico,gf Inient rg Sell or Rent. To the event Optionors fail to provide notice of intent to sell or rent pursuant to Section $.1 above, and Optionee learns of a pending or ConSummated Sale or Rentdl, Optionee may at any tine thereafter, at Its eltictlon, exercise tho Option by notifying Optionors in writing of its intent to exercise. 4. 'n=)4ASF. PRiC,, 5.1 Fair Muka -N&tue. Upon exercise of the Option, the purchaso price for the 2 Property shall be the Fair Market Value. To determine the Fair Market Value, Optlonors and Optlorm shall endeavor to agree on a licensed appraiser. In the event Optionors and Optionaeo are unabl0 to agree, either patty may apply to any judge of the Marin County Superior Court for appointment of a licensed appraiser. The appraiser thus appointed shalt render appraisals of the Fair Market Value. This appraisal shall be binding on the parties. Optionors shall pay one-half and Optionee shall pay one-half of the fee charged by the appraiser. 6.2 Credits A¢alnst Purc Pri e. Optionfo shall be given a credit against the purchase price for (a) the amount due under the Promissory Note and (b) the amount of any existing financing that Optionee assumes of takes subject to. 7. O.PSING. 7.1 Escrow. Upon exercise of tho Option, Optionors and Optionee shall establish an escrow with on escrow agent chosen by Optionee. Optionors and Optionee shall execute all deeds, Instructions, and othtr instruments required by the escrow agent in order to close the salt and purchase of the Property in accordance with this Option to Purchase. 7.2 Time for -Close of Escrow, Close of escrow shall occur no later than sixty (60) days after Optlonee's giving of notice of exorcise pursuant to Swion 5.2 above. 7,3 ProratlpULjWd Closing Coc1, Real property taxes, interest on assessments assumed, premiums on hazard insurance assigned, and interest on any indebtedness stcured by any deed of trust to remain on the Property shall all be prorated as of the closing date on the basis of a thirty -day month. Closing costs shall be paid in accordance with the custom and praCtiee In Marin County at the time of closing. 7.4 State of Tie. At close of escrow, Optionors shall by grant deed convey to Optionee fee simple title to the Property free and clear of all title defects, liens, encumbrances, deods of trust, mortgages, leases, and rights of tenants except nondel%n4uent real property taxes and such exceptions to title as are approved in writing by Optionee. Optionors shall procure a California Land Title standard policy of title insurance in the amount of the purchase price of the Property showing title vested in Optionee subject only to the exceptions permitted above. 7.5 EjLWent of PutchL-ke Price. The purchase price, adjusted by the credits descrlbed in Section 6.2 above, shall be paid all in cash at close of escrow. 3 8. EQ$ECkQSfiRE, Uptionee may also exercise the Option upon the occurrence of any ono of the following events: (a) the giving of any noticc of sale under any mortgage or deed of net with power of sale encumbering the Property, (t>) service of surm"ons in any judicial for"losure against the Property, or (c) excWtiun of judgement fvrcclosure against the Property. Optlonee shall have thirty (30) days from the date it teCcives actual notice of any one of the abovo events tp exercise the Option. '1b exerclse the Option upon the occurrence of any one of the. above events, Optioned shall give notice to both Optionors and w thr, mortgagcc, bcneflclary under the deed of trust, or judgCmcnt creditor. 9, aQjjCM Any notice required or per"ned under this Opclon to Purchase shall be sent by United States niall, postage prepaid, reglstarcd or certified, addressed as follows: If to Optionors: If to OptlOtiee; Marin Housing Authority P.O. Dox 4282 San Rafael, CA 94913 Au: ExecutivC Director Either Optionors or Optlonv, may change its address for purposes of notiw by giving notice to the ogier party pursuant to this, Section 4. 10. MM LLAN W..I'R ISTON. 10.1 Vol able Transfers. Any attempt to suit, convey, transfer, assign, font, lease, mortgage, pr hypothecate the Property In violation of [lie terms of this Option to Parchaso shad] be vold at the eiNtion of Optlonce. 10,2 Aunn eat. Opclonec may assign Its rights under this Option to Parchaso. In the event of any assiptiment of Wtionee's rights, tLe assignor shall not be liable. to Optionors for any failure on the part of the assignoe to consummate a purchase of die Property or to comply with tho terms of th18 Option to Purchase. 10.3 Finding. Fact. The Option shall Ur, enforceable against Optlotiors' successors and assigns with respect to the Property and against all parties havhtl; or acquiring any interest in the Fropor(y during the term of the Option. Failure by Optionec to exerclse the Option at ane time 4 or on one occasion shall not constitute waiver of Optionee's right to exercise the Option at another time or on Another occasion. 10.4 SeygrphiflM The provisions of this Option to Purchase are severable. Invalidation of any provision by law, judgement, or court order shall not affect the validity of any other provision. 10.5 Attorngys' -P es. In the event of any litigation to enforce the provisions of this Option to Purchase, the prevailing party shall be entltled to reasonable attorneys` fees as awarded by the court. WE HAVE READ THE FOREGOING PROVISIONS AND AGREE TO BE BOUND BY THEM. "Optionors" STATE OF CALIFORNIA ) COUNTY OF MARIN ) SS. On , 19 , before me, , a notary public in and for the State of California, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hislher/ftir authorized oapaclty(ies), and that by his/her/their signatures) on the. instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. optpu rch ,3 5 Recording Requested by: City of San Rafael When Recorded Return to: City of San Rafael P. O. Box 151560 San Rafael, CA 94915-1560 Attention: City Clerk BELOW MARKET RA'Z'E HOUSING AGREEMENT (Eight BMR Units To Be Controlled by Resale Restriction Agreement) Project Name: BOYD COURT CONDOMINIUMS Location: Mission Avenue & "C" Street, San Rafael, California Developer: San Rafael Housing Group, Inc., or any successor in interest This Agreement is made and entered into this 6th -day of JULY , 1993, among the CITY OF SAN RAFAEL, a municipal corporation (hereinafter referred to as "the City"), the HOUSING AUTHORITY OF THE COUNTY OF MARIN, a public body, corporate and politic, created under the Housing Authority Law of the State of California (hereinafter referred to as "Marin Housing Authority"), and SAN RAFAEL HOUSING GROUP, INC., or any successor in interest (hereinafter referred to as "the Developer"). A. The Developer intends to construct a residential housing development on that certain real property situated within the corporate limits of the City, which real property is more particularly described in Exhibit "A" attached hereto and incorporated herein. B. The City, in accordance with the provisions of the Housing Element of its General Plan, has approved the Developer's proposed development on condition that the Developer provide therein eight (8) dwelling units to be sold at prices which are within the means of low- and moderate -income households. C. Marin Housing Authority is authorized by law to participate in programs which provide housing for households of low and moderate income, and is by experience qualified to screen and determine eligibility of applicants for low and moderate -income housing. The parties hereto desire, by this Agreement, to cooperate in implementing the efforts of the Developer to comply with the requirement that the Developer make available said dwelling units at prices which are within the means of moderate -income households. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / Page 1 of 9 City of San Rafael / Marin Housing Authority 06/24/93 1. The Developer agrees that eight (8) dwelling units within the project approved by the City for the property described in Exhibit "A" attached hereto will be sold to low- and moderate -income households in accordance with the terms and pursuant to the procedures set forth in this Agreement. Said dwelling units are identified in Exhibit "B" attached hereto and will be legally described in an attachment to be recorded with the final map. Said dwelling units are hereinafter referred to as "the Units." 2. The Developer agrees that the contract sales price for the Units shall not exceed the prices set forth in Exhibit "B" attached hereto. The contract sales price is defined as the amount paid by the Buyer to the Developer without regard to proration of taxes, utilities, or other such items and without regard to Buyer's payment of homeowners's association fees, insurance premiums, escrow costs, transfer taxes, recording fees, document preparation cost or similar items. 3. The Developer agrees to offer the Units for sale only to individuals or households who have been certified as eligible by Marin Housing Authority. 4. The Developer further agrees to give written notice to Marin Housing Authority at least one hundred and twenty (120) days prior to estimated issuance of Certificate of Occupancy. 5. Marin Housing Authority agrees to process applications and certify eligibility of applicants as persons or households of low and moderate income. An individual or a household shall be deemed to qualify as a low-income or a moderate -income applicant, respectively, provided the income of such individual or household does not exceed eighty percent (80%) or one hundred twenty percent (120%), respectively, of the median income for the San Francisco Primary Metropolitan Statistical Area (PMSA)--San Francisco, San Mateo and Marin County --as determined by the United States Department of Housing and Urban Development ("HUD"), Office of Economic Affairs, Economic and Market Analysis Division, with adjustments for smaller or larger households (refer to Exhibit "D" attached hereto). In certifying eligibility of applicants, Marin Housing Authority shall adhere to the requirements for eligibility adopted by the City and specified in EXHIBIT "C" attached hereto. Selection of individuals or households falling within any of the priorities established in EXHIBIT "C" shall he determined by a drawing or other equitable method mutually agreed upon by the City and Marin Housing Authority. Marin Housing Authority shall be paid a fee of $750 per unit to be paid by the buyer, which payment shall be include] in the buyer's closing costs through escrow. 6. In the event that any Unit remains unsold at, the end of one hundred twenty (120) days from the date of issuance of a Certificate of Occupancy by the City for the phase of development in which the subject unit is located, the Developer shall notify Marin Housing Authority in writing of such fact. Within ten (10) working days after receipt of such written notice, Marin Housing Authority or its assignee may notify the Developer in writing that it will purchase such Unit. If such notice is given by Marin Housing Authority, the Developer shall then sell such Unit to Marin Housing Authority or its assignee at the same price it would have been available for sale to households of moderate income. As used herein, the term "sold" shall mean the execution of a contract for purchase and the approval of a mortgage loan for the buyer. BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / Page 2 of 9 City of San Rafael / Marin Housing Authority 06/24/93 In the event that Marin Housing Authority or its assignee declines to purchase such Unit, it may be sold by the Developer on the open market without restrictions as to price, affardability or future re -sale, and no deed restrictions will be placed on the property. In such event, the Developer shall pay to the City from the sale price of such Unit seventy -live percent (75%) of the difference between the net price achieved after normal selling and closing costs and the below -market -rate sales price specified in Exhibit "B". Said sum shall be paid to the City upon close of escrow on the sale ol' such Unit or, if the sale is pursuant to a contract of sale, upon execution of such contract, which- ever shall first occur. The City shall pay to Marin Housing Authority ten percent (10%) of this sum for Marin Housing Authority's use in administering Below Market Rate projects including, but not limited to, on-going BMR monitoring and future BMR re -sales. The balance of any such payments made to the City shall be retained by the City in a special account to be used solely for activities Which it deems will facilitate the provision of housing for persons of low or moderate income. 7. Each contract conveying a Unit to a Buyer certified by Marin Housing Authority shall contain a resale restriction and an option to purchase constituting a right of first refusal, pursuant to which the buyer agrees that prior to selling the property, it will first be offered for sale to Marin Housing Authority or its assignee, in writing. Said deed restrictions shall be in the form of a Resale Restriction Agreement and Option to Purchase to be provided by Marin Housing Authority as set forth in Exhibit "E" to this agreement, which Agreement shall be executed by the Buyer and recorded in immediate succession aiier the Grant Deed conveying title to the property. 8. In the event that the development project is not constructed or in the event that the master plan for the project is amended or revised such that the Units specified in Paragraph 1 are no longer required .thereby, this Agreement shall thereupon become void, unless one or more of the Units have previously been sold in accordance with the provisions of this Agreement, in which event the provisions of this Agreement will continue in force with respect to the Unit or Units so sold. 9. All notices required to be given under the terms of this Agreement shall be sent by first class U.S. mail, certified/return receipt requested, or by express courier service, addressed as follows: To the City: To Marin Housing Authority: To the Developer: City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Redevelopment Manager Marin Housing Authority P. 0. Box 4282 San Rafael, CA 94913 Attention: Executive Director San Rafael Housing Group, Inc. 10 "G" Street San Rafael, CA 94901 Attention: Ari Chatham Any party may change the address to which notice shall he mailed to it by giving notice thereof to the other parties by certified mail. BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / Page 3 of 9 City of San Rafael / Marin Housing Authority 06124/93 10. The City shall indemnify and hold harmless Marin Housing Authority and the Developer, its officers, officials, employees and agents from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of this agreement, caused in whole or part by any negligent act or omission of the City, except where caused by the active negligence, sole negligence, or willful misconduct of the Marin Housing Authority and/or Developer. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF SAN RAFAEL By: ALB 7 J�/ ORO, Mayor ATTEST: By: YMNE M. LEO�IINICity Clerk HOUSING AUTHORITY OF THE COUNTY OF MARIN W To • ATTEST: B y: Z,44— DEVELOPER: San Rafael Housing Group, 4tm Attachments: Exhibit "A" --Legal Description of Property Exhibit "B" --Schedule of BMR Units and Sales Prices Exhibit "C" --Eligibility Requirements and Priorities Exhibit "D" --Marin County FY 1992 Median Family Income Schedule Exhibit. "E" --Resale Restriction Agreement and Option to Purchase BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / Page 4 of 9 City of San Rafael / Marin Housing Authority 06/24/93 State of California County of Marin On�Tu �1 . /3 . / 9�/3 before me, A. M. MARCOTTE, a Notary Public in and for th' said County and State, personally appeared Albert J. Boro, Mavor of the Citv of San Rafael personally known to me (er preved te c o:. the -basis —ef sat sfa t -:r) to be the person(s) whose name(s) is/ase subscribed to the within instrument and acknowledged to me that he/she/they '-''=�1 executed the same in his/ he 'the r- authorized capacity (ies) , and that by his/h__ 't......; = signature (s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i2. 6k 0o7/ce A. M. MARCOTTE, NOTARY PUBLIC My commission expires 11/17/95 X -PURPOSE ACKPIOWLEDGMiEN_ T OFFICIAL SEAL r A. M. MARCOTTE m Notary Public -California MARIN COUNTY ; Commission Expires . ovember 17. 1995 ,Mate of ;ounty of Marin )n ct [/ 1, i before me. CD Lit ilC. �Lt7 $ �TE rwE GFs+cfn • M -uorsutr Rauf' ersonally appearedAp"-Mv > - 0-1t P�r4 �� am F personally known to me - OA PvvWdlo me on the basis ad satisfactory evidence be the b persono whoeisle�e subscribed to the within arw ac_ bwwledaed•to me that heJs#mM" executed the same in hisfkagghe& authorized ,.• OFFICIAL SEAL i; capacity , and that by hls!#eamep. SHEILA K EDWARDS a o�i j f1C7A''.' f UbUC - CALIFORyIAorthe sign= on the instrument the person nbeWcifwhkhft 'f(d��1i1► person i MARIN GOWN My camm. expires APR 12, 1994 slCted, executed the �6tr1Jlilefl% l " Witness my hand and ofBoal seal. NONATLM CF NMA CAPACITY CLAW® U SIGNER p WDNtDLIALM OFFICERS) PARM13YS1 ATTOPM-f-N-FACT CIi87 D SUMFISM wrrrlMs 13 GUAR M&CONSI;VATOR p OTHER: SIGNER IS REPRESENTING: .ul� D Pau > ei r&1F-f' -rD 'cm - AOvs,MC- GrkovP rage -+c u EXHIBIT "A" Project Name: BOYD COURT CONDOMINIUMS Location: Mission Avenue & "C" Street, San Rafael, CA Developer: San Rafael Housing Group, Inc., or any successor in interest DESCRIPTION: All that certain Real Property situated in the CIty of San Rafael. State of California, described as follows: PARCEL ONE: A PICM CN of 131 21 of the 4ownsite of the Town of San Rafael as shown upon that certain Record of Survey Man filed for record in Book 16 of Surveys, at Page 84, Main County Official Records being more pe all arly described as follows: BMINNING at the Northeast corner of said Block 21, said Paint of Beginning is fuer described as being this Inl=..�llan of the Westerly lime of B Street with the Southerly line of Mission Street, as shoran upon said Rec=d of Survey Map; thence from said Point of Beginning, Southerly along the said Westerly line of B Street South 06 45' West, 80.00 feet; thence 4-j.� t ing frtstt the said Orly lira_ of B Street North 83' 16' 08" West, 180.00 feet; time North 06' 43' 52" East, 80.00 feet to the said Southerly lime of Mission Street; thence Easterly along the said Southerlyline of Mission Street South 83' 16' 08" East, 180.03 feet to the Point of Beginning, containing 14,401 square feet, more or less. AN FASIIMENr for and egress, drat rk-W parking and u: t it iti ES, in, over and upon a pom-tian of Block 21 of the Tow nsite of the Town of San Rafael as shown upon that certain Record of Survey Map filed for Record in Boric 16 of Surveys at Page 84, Marin County Official Records being more particularly desc rIbed as follows: BEGI MNMG at a point on the Northerly line of Fifth Street, as shown upon said Record of Survey Map, from which the InL= ._-'=_LLcn of the said K.,L tlx�--ly line of Fifth Street with the Easterly line of C Street bears North 83' 04' 44" West, 154.656 feet; thence from said point of begirr ing, departing from the said R.LL U my line of Fifth Street North 06' 44' 59" Fast, IM.01 feet; thence North 83' 16' 08" West, 33.00 feet; thence South 06. 45' 00" West 21.50 feet; thence North 83' 15' 00" West, 7.00 feet; thence South 06' 44' 59" West, 100.38 feet to the said Northerly line of Fifth Street; thence Easterly alcxV the said 11. t141y line of Fifth Street South 83' 04' 44" East, 40.00 feet to the paint of beginning. BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / Page 5 of 9 1'iry of Ca.r 12nNi-I / Marin Housine Authoritv 06/24/93 EXHIBIT "B" Project Name: BOYD COURT CONDOMINIUMS Location: Mission Avenue & "C" Street, San Rafael, California Developer: San Rafael Housing Group, Inc., or any successor in interest Total Units: 25 Total BMR Units: 8 SCHEDULE OF BMR UNITS AND SALES PRICES No. of Units Unit Tune Unit Size Income Range Unit No. or Address Sales Price 2 2BR/213A 800sf Low -Income $108,700 6 2BR/2BA 800sf Moderate -Income $139,800 The family sizes and incomes used to establish the above sales price are as follows: Income Range Unit Tvoe Household Size % of Median Income Household Income Low -Income 2BR12BA Two Persons 70% of Median $30,400 Moderate-Lncome 213R/213A Two Persons 90% of Median $39,100 The loan rate and term and debt -to -income ratio used to establish the above sales prices are as follows: Mortgage Rate (Inc] PMI) & Term: 7.5% fixed / 30 -year, fully amortized Loan -to -Value Ratio: 90% Percentage of Gross Monthly Income for Mortgage Payment (Principal and Interest): 27% BOYD COURT CONDOMINIUMS—San Rafael Housing Group, Inc. / Page 6 of 9 City of San Rafael / Marin Housing Authority 06/24/93 Recalculation of the above sales prices shall be permitted at the time of receipt by Marin Housing Authority of the Developer's written notice one hundred twenty (120) days prior to the issuance of Certificates of Occupancy for the Units if either: (i) it is determined that the above -stated mortgage rate is different from the then -current market interest rate; or, (ii) it is determined that the median income for the San Francisco PMSA as determined by the U.S. Department of H.U.D. has changed from that set forth in Exhibit "D" attached hereto. Upon receipt of the Developer's 120 -day notice, the sales price shall be recalculated by Marin Housing Authority using the most affordable available mortgage rate for a 30 -year, fixed-rate mortgage as determined by Marin Housing Authority and using the most recent median income for the San Francisco PMSA as determined by H.U.D.. Such an adjustment to the sales price shall be allowed more than one time only if mutually agreed by all the parties to this Agreement. BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / Page 7 of 9 City of San Rafael / Marin Housing Authority OW24/93 EXHIBIT "C" Project Name: BOYD COURT CONDOMINIUMS Location: Mission Avenue & "C" Street, San Rafael, California Developer: San Rafael Housing Group, Inc., or any successor in interest Elidbility Requirements In determining and certifying eligibility of applicants for the subject project, Marin Housing Authority shall adhere to the following criteria: 1. The applicant's total household annual income may not exceed 80% or 120%. respectively, of the current median income for the San Francisco PMSA as determined by the U.S. Department of Housing and Urban Development (HUD), and as adjusted for household size, in order to qualify as "low-income," or "moderate -income," respectively. 2. The total value of the applicant household's assets may not exceed 75% of the sales price of the unit. 3. The applicant must qualify as a "First-time Homebuyer" --defined as not having previously owned a principal residence. Priorities for the Drawine In selecting prospective purchasers from among all eligible applicants, a drawing shall be conducted. The City of San Rafael has determined that the following priorities shall be employed in conducting the drawing to select prospective purchasers. All names shall be drawn from the group of applicants falling within the first priority before drawing names from the second and subsequent priority groups. 1. First priority in the drawing for the units shall be given to all permanent, full-time employees of the City of San Rafael. 2. Second priority in the drawing shall be given to all other applicants. BOYD COURT CONDOMINIUMS—San Rafael Housing Group, Inc. / Page 8 of 9 City of San Rafael / Marin Housing Authority 06/24/93 W J D W US N W O V 2 H O J O S N C71 O Ln x 1 Ln 2 0-t > W ++ E aUi O1 4- 01 W r Li O V z oc R-4 EXHIBIT "D" O O Zvo �r4Q 00 O O O �V o p Cn Lo J� �• �` Ln Ch 0. u C O Q° v %n.� 0 x z o .a M to CD O ty w w w w W J D W US N W O V 2 H O J O S N C71 O Ln x 1 Ln 2 0-t > W ++ E aUi O1 4- 01 W r Li O V z oc R-4 EXHIBIT "D" t C J Co S W W N N N M d Ln to r-� Do � N O x BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / City of San Rafael / Marin Housing Authority N u r r C> C �C b O rOrL: > r d/O O+1 L f = v v'0 4- • W 4- Q w +1 +1 m L/1 N C H it N 7 N a+1E•�E C CL"a b o=OLOU U O.- N N L.3 N an d r > r U C w w C r G la E b L C O L b C w U 1] ^ r C'V L r N d0 N to 'a Ln 4- d O to - C 1 !J .0 O N +1 a1 Ln E +a OLLn L W C 1 +1 0 -- Ln C 4- to r QI C 7 d L wtoO L EHx_• � C O O a/ rU `-'C 4A 4-1 C r C C ~ to U O O •e- Cr • 'v O Ln to E Li.. as > L1r 4• M c W C3 UO M O M do Ln OL N Ln 4- r► r NL an 4-A 4J >- N +1 C to a1Q�ac+�� +�Ea c cUcaiva O •r- �[ b t U b NL IJ f0+1 a 3 alvv 1] -0 cc: -0 - Lb ro C/ N^ N +110 do ft- U an W W_ . ClL�E00 . rCC O� L O C 2 fir= O 4! 40 do d U r L = U w W Io Ur = r Ln +1 0 - 3 H to r Ln a Q1 r L 0/ L +1 C" U 7 U4O ra C Cl Ln 4- 90 CN L4-'04- r N Q L qC d O •- b4 L+U- UQ ••- r = E Io �r00 d04 -C C • E a OrM obU a1 w+1 LW NLn OY-r 1 t1- O to Ln Pagq' 9 of 9 06/24/93 Ln Co Ln O M 01 W to M O O O O O O O O O LSQ O Lo " Ln Ln O O O to r M to CO O ty w w w w w w w .-- Ln Nw 00 O Ln O tD d.. to to f\ n O 00 E O O n LCL1 O Ln Ln Ln LLn O r O d co M to O M r� � w w w • w w w U f M d d Ln Ln t0 to r` C •"' O O O V O O O O O O Ln Ln O O Ln Ln O W Ln g- N d to rl- 00 0) r � w w w w w w w w to r to r In C1 M CD M d d Ln to LO to to b L a Z O O O Ln O O O O O N r O co 0o P. to Ln CAw w w w w w O ts M M d d LN Ln to to O O O O O O O O O d r` d m d 00 M �(o w w w w w w w O d 01 M to Ow M r: M M M d d in Ln Ln &Q O O Ln in O Ln Co Ln Ln an %a to r-. O N Ln n w w w w w w w w N M M d d d In Ln N E O &Q C) o O O Ln O Ln Ln n 00 tD d N Co O w w w w w U tD C d 00 r d f` O N M M M d d d Ln C LIQ O Ln Ln O O Ln Ln O = Ln n N f\ M r 01 rw tD w w w w w 0 d 00 r Ln 00 O M to N N M M M d d d J O 00 O M tD N co d O � w w w w w w w w N N N M M M d d aQ O O O Ln LOn b O LLn Ln O O r. d r M Ln tD co Ln w w w w w w w w 01 r d ^ 01 r M Ln r N N N N M M M t C J Co S W W N N N M d Ln to r-� Do � N O x BOYD COURT CONDOMINIUMS --San Rafael Housing Group, Inc. / City of San Rafael / Marin Housing Authority N u r r C> C �C b O rOrL: > r d/O O+1 L f = v v'0 4- • W 4- Q w +1 +1 m L/1 N C H it N 7 N a+1E•�E C CL"a b o=OLOU U O.- N N L.3 N an d r > r U C w w C r G la E b L C O L b C w U 1] ^ r C'V L r N d0 N to 'a Ln 4- d O to - C 1 !J .0 O N +1 a1 Ln E +a OLLn L W C 1 +1 0 -- Ln C 4- to r QI C 7 d L wtoO L EHx_• � C O O a/ rU `-'C 4A 4-1 C r C C ~ to U O O •e- Cr • 'v O Ln to E Li.. as > L1r 4• M c W C3 UO M O M do Ln OL N Ln 4- r► r NL an 4-A 4J >- N +1 C to a1Q�ac+�� +�Ea c cUcaiva O •r- �[ b t U b NL IJ f0+1 a 3 alvv 1] -0 cc: -0 - Lb ro C/ N^ N +110 do ft- U an W W_ . ClL�E00 . rCC O� L O C 2 fir= O 4! 40 do d U r L = U w W Io Ur = r Ln +1 0 - 3 H to r Ln a Q1 r L 0/ L +1 C" U 7 U4O ra C Cl Ln 4- 90 CN L4-'04- r N Q L qC d O •- b4 L+U- UQ ••- r = E Io �r00 d04 -C C • E a OrM obU a1 w+1 LW NLn OY-r 1 t1- O to Ln Pagq' 9 of 9 06/24/93 Ln Co Ln O M 01 W to M O EXHIBIT "E" Recording Requested by: Marin Housing Authority When Recorded Return to: Marin Housing Authority P.O. Box 4282 San Rafael, CA 94913-4282 Attn: BMR Program RESALE RESTRICTION AGREEMENT AND OPTION TO PURCHASE owner(s): Property Address: Name of Development: Local Jurisdiction: Purchase Price: Date of Purchase: RECITALS This Resale Restriction Agreement and Option to Purchase ("Agreement") is entered into as of the day of , 19 , by and between the Housing Authority of the County of Marin ("Authority") and ("Owner") regarding certain improved real property located at California ("Premises"). A. The Premises are described more fully on Exhibit A attached hereto and incorporated herein by reference and are subject to the terms and conditions set forth in this Agreement. B. The Premises are being made available for purchase by an eligible moderate -income purchaser at a below-market purchase price pursuant to the Below Market Rate Home Ownership Program ("Program") administered by the Authority on behalf of the above- named Local Jurisdiction ("City"). C. The Owner is an eligible moderate -income purchaser Rev. 8/92 under the Program (defined below) and intends to live in the Premises as an owner -occupant. D. In order to maintain and preserve the Premises as housing affordable to eligible moderate -income purchasers, it is necessary to restrict the resale price of the Premises by resale controls. Such controls prevent initial and subsequent purchasers from realizing unwarranted gains from sales of the Premises at unrestricted prices. The terms and conditions of this Agreement provide the necessary resale controls to ensure that the Premises are maintained and preserved as housing affordable to eligible moderate -income purchasers. E. The Premises subject to resale controls constitute a valuable community resource by providing decent, safe and sanitary housing to moderate -income purchasers who otherwise would be unable to afford such housing. To protect and preserve this resource it is necessary, proper and in the public interest for the Authority to administer the resale controls by means of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE SUBSTANTIAL ECONOMIC BENEFITS INURING TO THE OWNER AND THE PUBLIC PURPOSES TO BE ACHIEVED UNDER THE PROGRAM, THE OWNER HEREBY GRANTS TO THE AUTHORITY THIS OPTION ON THE FOLLOWING TERMS AND CONDITIONS. 1. Program Conditions. Owner agrees and acknowledges acceptance of Owner's participation of the Premises is conditioned upon of the Premises. 2. Grant of Option to Purchase. that the Authority's in the Program and purchase Owner's continuing occupancy Owner hereby grants and gives to the Authority a right to purchase all of Owner's right, title and interest in and to the Premises upon the occurrence of events specified in this Agreement ("Option"), subject to the terms and conditions contained herein. 3. Assiqnment of the Option. The Authority may assign the Option to another government entity or to a moderate -income purchaser who meets the eligibility qualifications established by the Authority under the Program. The Authority's assignment of the Option shall not extend any time limits contained herein with respect to the exercise period of the Option or the period within which the Premises must be purchased. As used in this Agreement, the term "Authority" shall mean the Authority and any assignee to which it has assigned the Option under this paragraph. Rev. 8/92 2 4. Events Qivin4 Rise to Riaht to Exercise Option. The Authority shall have the right to exercise its Option upon the occurrence of any of the following events (an "Option' Event"): a. Receipt of a Notice of Intent to Transfer (defined in paragraph 5 below); b. Any actual, attempted or pending sale, conveyance, transfer, lease or other attempted disposition of the Premises or of any estate or interest therein, except as provided in paragraph 15 below; c. Any actual, attempted or pending encumbrance of the Premises, including without limitation by way of mortgage or deed of trust, or by judgment, mechanics, tax or other lien, except as provided in paragraph 16 below; d. Recordation of a notice of default and/or notice of sale pursuant to California Civil Code sgction 2924 (or successor provisions) under any deed of trustor mortgage with a power of sale encumbering the Premises; e. Commencement of a judicial foreclosure proceeding regarding the Premises; f. Execution by the Owner of any deed in lieu of foreclosure transferring ownership of the Premises; and g. Commencement of a proceeding or action in bankruptcy, whether voluntary or involuntary, pursuant to Title 11 of the United States Code or other bankruptcy statute, or any other insolvency, reorganization, arrangement, assignment for the benefit of creditors, receivership or trusteeship, concerning the Owner. 5. Method of Exercising the Option. a. Notice of Intent to Transfer. If the Owner desires to sell, convey, transfer, lease, encumber or otherwise dispose of the Premises or of any estate or interest therein, Owner shall notify Authority in writing to that effect (the "Notice of Intent to Transfer"). The Notice of Intent to Transfer shall also state the street address of the Premises, the Owner's full name or names, the address and telephone number at which Owner shall be contacted if not at the Premises, and shall be delivered personally or deposited in the United States mail, postage prepaid, first class, certified -return receipt requested, addressed to the Housing Authority of the County of Marin, P.O. Box 4282, San Rafael, CA 94913, Attention: Executive Director. The Notice of Intent to Transfer shall be in substantially the Rev. 8/92 3 form attached hereto and incorporated herein as Exhibit H. b. Notice of Exercise. Upon the occurrence of any Option Event, the Authority may exercise its Option by delivering notice to Owner that it will exercise such Option pursuant to the terms of this Agreement ("Notice of Exercise"). The Notice of Exercise may be in the form attached hereto and incorporated herein as Exhibit C, or in such other form as the Authority may from time to time adopt. The Notice of Exercise shall be delivered by deposit in the United States mail, postage prepaid, first class, addressed to the Owner at the Premises, or at such other address as may be indicated on the Notice of Intent to Transfer, and delivery shall be deemed effective on the date of deposit. If the Option Event relates to the potential foreclosure of a mortgage under paragraphs 4d, a or f, then the Authority shall also deliver the Notice of Exercise to the mortgagee or beneficiary under such mortgage, at such mortgagee's or beneficiary's address of record in the Office of the Recorder of the County of Marin. C. Notice of Consent to Transfer. If the Authority does not exercise the Option, it may give its consent to the occurrence of the Option Event ("Consent to Transfer"), which consent shall be conditioned upon the proposed transferee's or encumbrancer's assumption of Owner's duties and obligations under this'Agreement in writing, or execution of an agreement substantially similar to this Agreement, within thirty (30) days after the Consent to Transfer has been delivered to Owner. If the proposed transferee or encumbrancer fails to assume this Agreement or execute and deliver a substantially similar agreement to the Authority within the thirty (30) day period, then the Consent to Transfer shall expire and the Authority may exercise the Option as if no Consent to Transfer had been delivered. d. Time Period for Notice. The Authority must deliver a Consent to Transfer, if applicable, not later than sixty (60) days after the date that it receives notification of an Option Event. The Authority must deliver a Notice of Exercise, if applicable, on such date which is the later to occur of the following dates: (1) sixty (60) days after the date that the Authority receives notification of an Option Event or (2) fifteen (15) days after a Consent to Transfer has expired. For purposes of computing commencement of the delivery periods, the Authority shall be deemed to have notification of an Option Event on the date that it actually receives a written Notice of Intent to Transfer, notice of default, summons and complaint or other pleading, or other writing specifically stating that an Option Event has occurred. The Authority shall have no obligation to deliver a Notice of Exercise or Consent to Transfer, and the applicable time period for exercise of the Option shall not commence to run, unless and until it has received notification of Rev. 8/92 4 an Option Event in the manner specified in this subparagraph. If there is a stay or injunction imposed by court order precluding the Authority from delivering its Consent to Transfer or exercising the Option within the applicable time period, then the running of such period shall cease until such time as the stay is lifted or injunction dissolved and the Authority has been given written notice thereof, at which time the period for delivery of a Consent to Transfer or exercise of the Option shall again begin to run. e. Notice of Abandonment. If the Authority fails to deliver a Notice of Exercise or Consent to Transfer within the above -stated time periods, then the Option shall terminate and have no further force and effect. Thereafter, upon request by Owner, the Authority shall cause to be filed for recordation in the Office of the Recorder of the County of Marin a notice of abandonment, which shall declare that the provisions of the Option are no longer applicable to the Premises. If the Authority fails to record a notice of abandonment, the sole remedy of the Owner shall be to obtain a judicial order instructing such a recordation, and,the Owner shall have no right to damages against the Authority for failure to record such notice promptly. 6. Riaht to Reinstatement. If the Option Event is the recordation of a notice of default, then the Authority shall be deemed to be Owner's successor in interest under California Civil Code section 2924c (or successor sections) solely for purposes of reinstatement of any mortgage on the Premises that has led to the recordation of the notice of default. As Owner's deemed successor in interest, the Authority shall be entitled to pay all amounts of principal, interest, taxes, assessments, insurance premiums, advances, costs, attorneys' fees and expenses required to cure the default. If the Authority exercises the Option, then any and all amounts paid by the Authority pursuant to this paragraph shall be treated as Adjustments to the Resale Price for the Premises, as defined in paragraph 11, below. 7. Inspection of Premises. After delivering a Notice of Exercise, the Authority shall be entitled to inspect the Premises one or more times prior to the close of escrow to determine the amount of any Adjustments to the Resale Price. Before inspecting the Premises, the Authority shall give Owner not less than forty-eight (48) hours written notice of the date, time and expected duration of the inspection. The inspection shall be conducted between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding court holidays, unless another date and time is mutually agreed to by the parties. The Owner shall make the Premises available for Rev. 8/92 5 inspection on the date and at the time specified in the Authority's request for inspection. 8. Escrow. Promptly after delivering a Notice of Exercise, the Authority shall open an escrow account for its purchase of the Premises. Close of escrow shall take place on such date which is the later to occur of the following: (a) sixty (60) days after a Notice of Exercise has been delivered, or (b) ten (10) days after Owner has done all acts and executed all documents required for close of escrow. Prior to the close of escrow, the Authority shall deposit the Resale Price as defined in paragraph 10 below, plus or minus any Adjustments as defined in paragraph 11 below. Closing costs and title insurance shall be paid pursuant to the custom and practice in the County of Marin at the time of the opening of escrow, or as may be provided otherwise by mutual agreement. Owner agrees to do all acts and execute all documents necessary to enable the close of escrow and transfer of the Premises to the Authority. 9. Proceeds of Escrow; Removal of Exceotions to Title. Prior to close of escrow, Owner shall cause the removal of all exceptions to title to the Premises that were recorded after the date of this Agreement. All amounts deposited into escrow by the Authority shall be applied first to the payment of any and all liens and encumbrances recorded against the Premises, and thereafter to the payment of escrow fees and closing costs. Any amounts remaining after the amounts deposited into escrow by the Authority have been so applied shall be paid to Owner upon the close of escrow. If the amounts deposited into escrow by the Authority are insufficient to satisfy all liens and encumbrances recorded against the Premises,•then Owner shall deposit into escrow such additional sums as may be required to remove said liens and encumbrances. In the event that the Authority agrees to proceed with close of escrow prior to the date that Owner has caused all exceptions to title recorded after the date of this Option to be removed, then Owner shall indemnify Authority from any and all costs, expenses or liabilities (including attorneys'' fees) incurred or suffered by Authority that relate to such exceptions and their removal as exceptions to title to the Premises. 10. Resale Price. Prior to adjustment pursuant to paragraph 11, the resale price of the Premises shall be the lowest of ("Resale Price"): a. Median Income. The original price paid by the Owner for acquisition of the Premises pursuant to the Program ("Base Price") increased (but not decreased) by an amount, if any, equal Rev. 8/92 6 to the Base Price multiplied by the percentage increase in the median household income for the San Francisco Primary Metropolitan Statistical Area (PMSA)--San Francisco, San Mateo and Marin Counties --published by the Department of Housing and Urban Development, Office of Economic Affairs, Economic and Market Analysis Division ("Median Income") between the date of this Agreement and the date that the Authority receives notification of an Option Event. b. Index Price. The Base Price increased (but not decreased) by an amount, if any, equal to the Base Price multiplied by the percentage increase in the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics ("Index") between the date of this Agreement and the date that the Authority receives notification of an Option Event. C. Fair Market Value. The fair market value of the Premises as determined by an appraiser selected and paid for by the Owner and approved in writing by the Authority. d. Resale Price Worksheet. To compute the Resale Price, the Authority may use the Resale Price Worksheet attached as Exhibit D hereto, or such other form as the Authority may from time to time adopt. 11. Adiustments to Resale Price. The Resale Price shall be adjusted by the following ("Adjustments"): a. Caoital Improvements. An increase for capital improvements made to the Premises by the Owner provided that the amount of said improvements had been previously accepted in writing by the Authority after original written documentation of the cost was provided to the Authority for verification. The amount of the Adjustment shall equal the original cost of any capital improvements depreciated in a straight-line basis based upon the estimated useful life of the improvement stated in the Authority's prior written acceptance of said improvement. b. Damaaes. A decrease by the amount necessary to repair damages to the Premises, if any, and to place the Premises into saleable condition as reasonably determined by the Authority, including amounts attributed to cleaning, painting, replacing worn carpeting and draperies, making necessary structural, mechanical, electrical and plumbing repairs and repairing or replacing built-in appliances and fixtures. C. Advances by Authority. A decrease in an amount equal to the sum of all costs advanced by the Authority for the payment of mortgages, taxes, assessments, insurance premiums, homeowner's Rev. 8/92 7 fees and/or associated late fees, costs, interest, attorneys' fees, pest inspections, resale inspections and other expenses related to the Premises, which Owner has failed to pay or has permitted to become delinquent. 12. Priority and Effectiveness of the Option. a. Recordation. This Agreement shall be filed for recordation in the Office of the Recorder of the County of Marin prior to any sale, conveyance, transfer or other disposition of the Premises, or of any estate or interest therein, by the Owner. The Option shall have priority over any subsequent sale, conveyance, transfer, lease or other disposition or encumbrance of the Premises, or of any estate or interest therein. The exercise of the Option by the Authority at any time and from time to time shall not extinguish the option or cause a merger of the Option into any estate or other interest in the Premises, and the Option shall continue to exist and be effective with respect to the Premises against any subsequent owner in accordance with the terms and conditions hereof. b. Reauest for Notice of Default. The Authority shall file a Request for Notice of Default for recordation in the Office of the Recorder of the County of Marin promptly upon execution of this Agreement (see Exhibit E). 13. Survival of Option Upon Transfer. a. In General. The Authority's rights to exercise the Option shall survive any transfer of the Premises by the Owner. The Option may be exercised against the Premises whether owned, possessed or occupied by (i) an eligible moderate -income purchaser, (ii) any successor,• transferee, assignee, heir, executor, or administrator of -an eligible moderate -income purchaser, including a debtor-in-possession, debtor or trustee pursuant to Title 11 of the United States Code, or (iii) any person owning, possessing or occupying the Premises who does not meet the eligibility qualifications established by the Authority under the Program (collectively all referred to and defined herein as "Owner"). Notwithstanding the foregoing, the option shall not survive the sale and transfer of the Premises to a third party purchaser pursuant to a judicial or non -judicial foreclosure or a deed -in -lieu of foreclosure under a power of sale contained in a mortgage or deed of trust recorded against the Premises in the Office of the Recorder of the County of Marin on or prior to the date of this Agreement, provided that the Authority has received timely notice of such Option event and has failed to either reinstate said mortgage or deed of trust or exercise its Option. b. HUD Insured Mortaaaes. If Owner has acquired the Premises by a mortgage insured by the Secretary of the United Rev. 8/92 8 States Department of Housing and Urban Development, and a notice of default has been recorded pursuant to California Civil Code section 2924 (or successor provisions), this option shall automatically terminate if title to the Premises is transferred by foreclosure or deed -in -lieu of foreclosure, or if the insured mortgage is assigned to the Secretary. 14. Voidable Transfers. As long as the Option has not been abandoned pursuant to paragraph 5e, any actual or attempted sale, conveyance, transfer or other disposition of the Premises, or of any estate or interest therein, in violation of the terms and conditions of this option, shall be voidable at the election of the Authority. 15. Permitted Transfers. The following transfers of title to the Premises, or of any estate or interest therein ("Permitted Transfers"), will not authorize the exercise of this Option: a good -faith transfer by gift, devise or inheritance to the Qwner's spouse or issue; a taking of title by a surviving joint tenant; a court-ordered transfer of title to a spouse as part of a divorce or dissolution proceeding; or an acquisition of title, or of any interest therein, in conjunction with marriage. Notwithstanding any Permitted Transfer, the Option shall remain effective with respect to the Premises. 16. Permitted Encumbrances. This Option shall not become exercisable as the result of the Owner's encumbering the Premises for the purpose of securing financing to purchase the Premises pursuant to the Program, or to refinance existing indebtedness incurred to purchase the Premises pursuant to the Program, in an amount not to exceed the outstanding principal amount of such existing indebtedness. 17. Obligations of Owner After option Abandonment. If the Authority records a notice of abandonment of the Option, then the Premises may be sold by Owner to a third party without restriction as to price. Upon such sale, Owner shall pay to Authority an amount equal to eighty-five percent (85%) of the difference between the Net Sales Price and the BMR Resale Price plus Adjustments. Net Sales Price shall be the actual sales price achieved, less real estate commissions paid up to but not to exceed six percent (6.0%) of the sales price. This amount shall be paid upon close of escrow on the sales of the Premises, or upon execution of a contract of sale, whichever shall first occur. 18. Limits on Liabilitv. In no event shall the Authority become liable•or obligated in any manner to the Owner by reason of the assignment of the Rev. 8/92 9 Option, nor shall the Authority be in any way liable or obligated to the Owner for any failure of the Authority's assignee to consummate a purchase of the Premises or to comply with the terms of this Option, or any escrow instructions or agreement for the purchase of the Premises. 19. Insurance Proceeds and Condemnation Award. In the event the Premises are destroyed and insurance proceeds are distributed to the Owner instead of being used to rebuild the premises, or in the event of condemnation, if the proceeds thereof are distributed to the Owner, any surplus of proceeds remaining after payment of the encumbrances of the premises shall be distributed as follows: that portion of the surplus up to, but not to exceed the net amount that the Owner would have received pursuant to paragraph 9 had the Authority exercised its Option on the date of the destruction or condemnation valuation date shall be distributed to the Owner, and the balance of such surplus, if any, shall be distributed to the Authority. 20. Term of Option. The restrictions contained herein shall continue for a period of thirty (30) years from the date that this Agreement is filed for record in the Office of the Recorder of the County of Marin. 21. Notices. -Except as otherwise specified in this Agreement, all notices required to be sent pursuant to this Agreement shall be made by personal delivery or by deposit in the United States mail, first class postage prepaid, and shall be deemed to have been delivered and received on the 'date of personal delivery or five (5) days after deposit in the mail, if sent to the following addresses: AUTHORITY: Housing Authority of the County of Marin Post Office Box 4282 San RafaQl, California 94913 Attn: Executive Director and BMR Program OWNER: at the address of the Premises The addresses above may be changed by notice given pursuant to this section. 22. Attornevs' fees. Rev. 8/92 10. If either party is required to initiate legal proceedings to enforce its rights under this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorneys' fees and costs in addition to any other recovery under this Agreement. 23. Svecific Performance. Owner acknowledges that any breach in Owner's performance of Owner's obligations under this Agreement or in the transfer of the Premises to the Authority shall cause irreparable harm to the Authority. Owner agrees that the Authority is entitled to equitable relief in the form of specific performance upon its exercise of the Option, and that an award of damages shall not be adequate to compensate the Authority for Owner's failure to perform according to the terms of this Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed this day of 19 Rev. 8/92 OWNER (S) 11 State of California County of Marin On this day of , 199 , before me, commissioned and sworn, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to 'be the persons) that executed the* within document and acknowledged to me that executed it. WITNESS my hand and official seal. Notary's Signature Rev. 8/92 12 CERTIFICATE OF ACCEPTANCE (Pursuant to Government Code §27281) This is to certify that the interest in real property conveyed by the Resale Restriction Agreement and Option to Purchase dated from to the Housing Authority of the County of Marin, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the Housing Authority of the County of Marin pursuant to authority conferred by resolution 110-81, dated 5/19/81; and the grantee consents to recordation thereof by its duly authorized officer. Dated: by JANET MILLER SCHODER, Executive Director Housing Authority of the County of Marin Rev. 8/92 13 EXHIBIT A Legal Description ATTENTION: TO BE INSERTED PRIOR TO CLOSING Exhibit A, page 1 of 1 EXHIBIT B VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED To: Housing Authority of the County of Marin Post Office Box 4282 , San Rafael, California 94913 Date: Re: Notice of Intent to Transfer The undersigned Owner(s), , hereby gives notice of his/her inteto transfer roperty located at ( e "Premises"). Owner may be contacted at the Premises or a�the llowing dress: Owner's daytime telephc The proposed trans person(s): Name: IN� Address: Telephon� The propos er ( ) the Pr ises is to the following ansfer is: (check one) V LA ML Specify: e OWNER Signature Exhibit B, page 1 of 1 EXHIBIT C To: Owner or Transferee Address Re: Notice of Exercise Date: The Housing Authority of the County of Marin uthor' y") hereby gives notice that it is exercising its option p chase the real property located at e option has been granted to the Authorit ursuant to the Resale Restriction Agreement and Option to Purch a between -Owner and the Authority dated and corded he utho y h assigned its option to purchase the real pro rty to .] An escrow for the purchase wil be open with F st American Title Company of Marin. The Hou&ing AXtWTity of the County of Marin by Its Au presentative S* A* M* P* L* E Exhibit C, page 1 of 1 , MARfIN HOUSING ar.,u.y i�M arrr �Irr:.lfr WI N. 6n Hair" Karl 1141%1 Orrke INa 4292 Sart Rarocl Califnrnin 11191 j 41 .5/172- 0MI tI:AX111.S/172.21RL ' h:A"1We IN.ec&R ianei MillcrSOunk'r Deputy INmmim Michel 1). WICIrcr EXHIBIT "D" SHR RE -SALE PRICE WORKSHEET Date: Mame: Address: Purchase Price: ; Date of Purchase: Months owned: % / annum Present CPI: 1 For Month of: Original CPI: For Month of: Difference: No. of Months: mo. _.ILte or Increa ' x 12 no. / yr. s / annum r' bcreaseIce:•ix i / annum x mo.12 ■o./yr. ice: i + ; C.FAIR MARXET VALUE The fair market value. if unrestricted by the OMR Deed Restrictions, Is estimated to be in excess of the above BMR Re -Sale Price calculations, and thus would not govern. AS OF THIS DATE, THE BMR RE -SALE PRICE IS I BASED ON Exhibit D, page 1 of 1 0 mo. % / annum Present CPI: 1 For Month of: Original CPI: For Month of: Difference: No. of Months: mo. _.ILte or Increa ' x 12 no. / yr. s / annum r' bcreaseIce:•ix i / annum x mo.12 ■o./yr. ice: i + ; C.FAIR MARXET VALUE The fair market value. if unrestricted by the OMR Deed Restrictions, Is estimated to be in excess of the above BMR Re -Sale Price calculations, and thus would not govern. AS OF THIS DATE, THE BMR RE -SALE PRICE IS I BASED ON Exhibit D, page 1 of 1 0 Urder NO. Escrow No. Loan No. WHEN RECORDED MAIL TO: EXHIBIT "E" SPACE ABOVE THIS LINE FOR RECORDEWS USE ONLY Request For Notice Under Section 2924b Civil Code In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any dolice of Sale under the Deed of Trust recorded as instrument No )n , 19 -,.In Book Page , Official lecords of . County, California, and describing land therein as xecuted by as Trustor, i which is named as ieneficiary, and as Trustee, ,e mailed to ' t ' Number and Street City and State q OTI C E: A COPY OF ANY NOTICE OF DEFAULTAND OF ANY NOTICE OF SALE WILL BE SENT ONLYTO THE ,DDRESS CONTAINED IN THIS RECORDED REQUEST. IF YOUR ADDRESS CHANGES, A NEW REQUEST MUST IE RECORDED. I TATE OF CALIFORNIA it+• OUNTY OF It r store me, the undersigned, a Notary Public In and for said State, personally ppeared 9rsonelly known to me (or proved to me on the basis of satisfactory evidence) to s the person(s) whose name(s) Is/are subscribed to the within Instrument and :knowledged to me that he/she/they executed the same. 'ITNESS my hand and official seal. Exhibit E, page 1 of 1 rtw..-.-.--1.1 ---1 a.ar, ....., in_.. 41071 BELOW MARKET RATE HOUSING GRANT AGREEMENT PROJECT NAME: BOYD COURT CONDOMINIUMS LOCATION: Mission Avenue & "C" Street in San Rafael, CA DEVELOPER: San Rafael Housing Group, Inc., or any successor in interest This Agreement is made and entered into this 6th day of JULY , 1993, between the CITY OF SAN RAFAEL, a municipal corporation, (hereinafter referred to as "the City"), and SAN RAFAEL HOUSING GROUP, INC., or any successor in interest (here- inafter referred to as "the Developer"). A. The Developer intends to construct a residential housing development on that certain real property situated within the corporate limits of the City, which real property is more particularly described in Exhibit "A" attached hereto and incorporated herein. B. The City, in accordance with the provisions of the Housing Element of its General Plan, has approved the Developer's proposed development on condition that the Developer pro- vide therein four (4) dwelling units to be sold at prices which are within the means of low- and moderate -income households. The parties hereto desire, by this Agreement, to cooperate in implementing the efforts of the Developer to comply with the requirement that the Developer make available said dwelling units at prices which are within the means of moderate -income households. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. The Developer agrees that four (4) dwelling units within the project approved by the City for the property described in Exhibit "A" attached hereto will be sold to low- and moderate -income households in accordance with the terms and pursuant to the procedures set forth in this Agreement. Said dewlling units are identified in Exhibit "B" attached hereto and will be legally described in an attachment to be recorded with the final map. Said dwelling units are hereinafter referred to as "the Units." -1- COPY 9. Completion of Construction. The Developer hereby cove- nants and agrees to diligently prosecute to completion the Construction and recieve_its Notice of Completion within one (1) year following the commencement of construction. 10. Prevailing Wage Requirements. Developer agrees to comply with the provisions of Labor Code Section 1720 et seq having to do with prevailing wage requirements. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. DEVELOPER: SANRAFAEL HOUSING GROU By: Its: ��1— pmn'-ALk- CITY: CITY OF SAN RAFAEL, a municipal corporation By: /%_ �-✓ A be t J. oro Its: Mayor ATTEST: By: . J�eM.Leonc'ni Its: City Clerk -4- State of California County of Marin On �TI1, /3 19 9,3 before me, A. M. MARCOTTE, a Notary Public in and for thysaid�County and State, personally appeared Albert J. Boro, Mavor of the Citv of San Rafael personally known to me (+r pre'aei is w..-- z n bre tasis of sat ,. faet rry :-_a_ncc) to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/=he: t .=j executed the same in his/ her/their authorized capacity (4-e-9) �. s) , and that by his/he 'he r signature(s) on theinstrument the person(s), or the entity upon behalf of which the person(-&) acted, executed the instrument. WITNESS my hand and official seal. A. M. MARCOTti, NOTARY PUBLIC My Commission expires 11/17/95 ►LLTkURP951 ACXNoWWq*W er ■.�.• r .I C1uq of Karin On / )16-� personally appeared -. ..... OFFICIAL SEAL A. M. MARCOTTE ' Notary Public -California ' MARIN COUNTY ,'.,. My Commission Expires .. .. November 17, 1995 beforeme; sig l LM CTT -1 L FfVT k>Tgop- '477"_ evPA w�goFaareys� . Personally known to me - OR -�Ivo �.P� to me on the basis der eviderm be the Person wi l n� is/a�s subscnbed to theta instrwrnmd and ac- k"Wedged to me that h1WdWAk WWclu19d the same In his/hedaiej& authorized capacity(fr*. and that by histba Ahak e- �� - signature on the mshunent the person(, OFFICIAL SEAL ortheerrt�yuImbeWatwhichtheper5on SHEILA K EDWARDS - acted, exearted the instrument r!O'-W. PL'bL1C - CALIFORNIA 6.i ua1 M4ARIN COMM �` ViidneSs my hand and official Seal. V' Nly rcmm. expires APR 12, 1994 y 1 SKINATLIRE CFNOTARY - 5 - - CAPACITY CLAWED BY SIGNER ■ e -1-. ATTOFiitY-NfACT a � 13 ATOA SIGNER IS REPRESENTING: of r mMm am emr M 7CU�i0-4tDaLLeff EXHIBIT "A" MeWminjiguy• All that certain real property situate in the City of San Rafael County of Marin, State of California, described as follows: A PCRTICK of Block 21 of the Townsite of the Tuan of San Rafael as shown upon that certain Record of Survey Map filed for record in Book 16 of Surveys, at Page 84, Marin Coity Official Records being 7 more particularly l arly described as follows: BBGI R4DG at the Northeast corner of said Block 21, said Point of Beginning ng is further described as being this L A,. --,.-- L.i cn of the Westerly line of B Street with the Southerly line of Mission o Street, as shown upon said RBOord of Survey Map; thence f=an said Point of Beginnirxj, Southerly along the said Westerly line of B Street South 06* 45' West, 80.00 feet; t berxm departing from the said Westerly line of B Street North 63° 16' 08" West, 180.00 feet; thence Nandi 06° 43' 52" Fast, 80.00 feat to the said Southerly line ne of Mission o Street; thence Easterly along the said Southerly line of Mission r n Street South 83* 16' 08" East, 180.03 feet to the Point of Beginning, oontaini=xj 14,401 square feet, more or less. AN FASIIIEN7 for ids and egress, drainage parking and utilities, in, over and portion of Block 21 of the Zbwsite of the Town of San Rafael as shown upon that certain Reccxd of Survey Map filed for Record in Book 16 of Surveys at Pie 84, County Official Renis being more particularly described as follows: BEGINNRU at a point on the 1.-,L L: _ , ly line of Fifth Street, as shown upon said Record of Survey Map, Eton which the L-L=.L--*=&-LLcn of the said Northerly lime of Fifth Street with the Easterly line of C Street bears Nil 830 04' 44" West, 154.656 feet; tierce F ' Said paint of beginning, departing from the said N... Lh r • 1y line of Fifth Street North 06* 44' 59" Fast, 122.01 feet; tune North. 830 16' 08" West, 33.00 feet; thencm South 06° 45' 00" West 21.50 feet; thence North 830 15' 00" West, 7.00 feet; thence South 06° 44' 59" West, 100.38 feet to the said N-, U—ly line of Fifth Street; thence Easterly along the said Northerly l i rw of Fifth Street South 83* 04' 44" Fast, 40.00 feet to the point of beginning. EXHIBIT "B" BELOW MARKET RATE HOUSING GRANT AGREEMENT PROJECT NAME: BOYD COURT CONDOMINIUMS LOCATION: Mission Avenue & "C" Streets in San Rafael DEVELOPER: San Rafael Housing Group, Inc. or any successor in interest TOTAL UNITS: 25 TOTAL BMR UNITS: 4 SCHEDULE OF BMR UNITS AND SALES PRICES No. of Unit Unit Income Unit No. Sales Units Type Size Range or Address Price 4 2BR/2BA 800 sf Mod -Income $139,800 The family sizes and incomes used to establish the above sales price are as follows: Income Unit Household % of Median Household Ranqe Size Size Income Income Moderate 2BR/ Two 900 of Income 2BA Persons Median $39,100 The loan rate and term and debt -to -income ratio used to establish the above sales prices are as follows: Mortgage Rate (incl. PMI) & Term: 7.5 fixed/30 year, fully amortized Loan -to -Value Ratio: 90% Percentage of Gross Monthly Income for Mortgage Payment (Principal and Interest): 27%