HomeMy WebLinkAboutCC Resolution 8377 (Park Towers Apartments BMR)k
U
6
RESOLUTION NO. 8377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE SIGNING OF A BELOW MARKET RATE
RENTAL UNIT AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS BETWEEN DEVONSHIRE ASSOCIATES AND THE CITY OF
SAN RAFAEL RE PARK TOWERS APARTMENTS.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows
VICE-
The/MAYOR and CITY CLERK are authorized to execute, on behalf of the City
of San Rafael, a Below Market Rate Rental Agreement and Declaration of
Restrictive Covenants between Devonshire Associates 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 a
regular meeting of the Council of said City on Mondav , the 15t , day of
April , 1991, by the following vote, to wit :
AYES : COUNCILMEMBERS : Boro, Thayer & Vice -Mayor Breiner
NOES : COUNCILMEMBERS : None
ABSENT : COUNCILMEMBERS : Shippey and Mayor Mulryan
J M. LEONCINI,� City Clerk
CiRl'bil IAL
CITY OR SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
Project Name : PARK TOWERS
Address 108 Professional Parkway, San Rafael, CA
Owner: Devonshire Associates
THIS BELOW MARKET RATE RENTAL UNIT AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS is made and entered this day of
SanramhPr 15 , 1990, 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 Devonshire Associates, a California Limited Partnership (the
"Owner").
PREAMBLE
WHEREAS, the Owner owns a 42 unit complex located at 108
Professional Parkway, San Rafael, known as PARK TOWERS ("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
legalize two (2) unauthorized units on the property and;
WHEREAS the City's approval of the units is conditioned upon
Owner's compliance with the Housing Element of the General Plan
2000 and providing low 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:
AGHREMERI
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:
"Affordable Housing Rents" are the rents for any unit occupied
by a Qualifying Tenant which shall be established 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
1
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.
"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 ten ( 10 ) years commencing
with the date first written above. 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. Refer to Exhibit E attached hereto.
"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.
2
(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.
(iv) If a qualifying Tenant certifies that he/she did
riot 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. 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 Qualified Tenants
of the requirements for annual certification of income and of the
provisions of the preceding paragraphs.
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 submitter) by the Owner to the Program
Administrator quarterly until. the project is fifty percent (50%)
occupied and semi-annually thereafter for the Project Period.
3
SECTION 8. UNIT MI%, LOCATION AND HOUSEHOLD SIZE_ The Below
Market Rate Units shall be located on the parcel described in
Exhibit A and designated for Below Market Rate Units on the final
map.
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 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.
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 60
San Rafael, CA 94913
5
TO THE OWNER :
Devonshire Associates
530 El Camino Real
San Carlos, CA 94070
Attn : Monty Silver
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.
CITY OF SAN RAFAEL
ATTEST BY
Name DorothY/ L. Breiner
Title :Vice -Mayor
&nne A-
M. eoncini
City Clerk
OWNER DEVON
BY : /�j
Name M y
Tit e : Manaq
0
(E ASS.6CIATES
ter
general Partner
STATE OF CALIFORNIA )
) SS.
COUNTY OF MARIN )
-On this 17th day of APRIL , 1911 , before me,gJEANNE M. LEONCINI, a
Notary Public in and for the said County and State fHYeLidBREINherein. duly
commissioned and sworn, personally appeared ,
personally known to me (ter -prove& -t& -me -d t t-ate-bas�#e-ef-sat#s€aetsry-
,etridenCei to be the Vice Mayor of the City of San Rafael that executed the within
document and acknowledged to me that said City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
OFFICIAL SEAL
JEANNE M. ! EONCINI �
v NOTARY PUBLIC CALIrORNIA
- MARIN COUNTY
• My Comm. Expires Nov. 29, 1991
JEANQA� LEONCI NI , R P �.I C i n and for w� v ��,
said County and State 1400-5thAve, P.O. Box 60, San Rafael, CA 94915 0060
�.�..trs�si...�.�.�..����.�..s�.i.�s�..
�.. �.� �
ii�.,..r ��f �,CCC,Cf<,t.s f s/. s f f r r.,►f f, �14./i..G.d./IL� �,� ^. �'. � ���
State of
CALIFORNIA
On this the 3rd day of April 19-2-1, before me,
' ss.
County of
MARIN
A. M. MARCOTTE
i
I
the undersigned Notary Public, personally appeared
i
I
-i
MONTY SILVER
1
t
OFFICIALSEASEAL -
"""
`
A.M. MARCOTTE -
❑ personally known tome
i
..� •
NOTARY PUBLIC -CALIFORNIA
® proved to me on the basis of satisfactory evidence
1
"
ftdpW015oeinMARNCoulny
*C0wrkGi0nExjw Nar.6,1W
to be the person(s) who executed the within instrument as
... ..
.
PJdUQjnn General Pa rtnPr or -on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESSSj}m�y hand and official seal.
a 9
Notary's 's Si nature
ry
��...���, r
-.►�,�,—�.��,r.+.r.r...r.r.rr.r...r�r�..•r.,.,r�nrr.�r.�.��.r..��r.r��..r�.CCe"�,e+.�.P'.rr�r.+.rr�rr����,r��� iuv��i
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills. CA 9136
CORPORATE ACKNOWLEDGMENT
FORM 7120 052
0
08/22/90 15:07 STEWART TITLE MILLBRAE CA 001
FXH ibrr A
fio.
RECORDING R90LIESTED BY
&*CROW NO. 38262 Y (/ _?,) "/ )—
ANG wMrN RECOgDEd MAIL TO
Devonshire Assoclates
530 E1 Camino Real
San Carlos, California 94010
L J
r SAIL TAA 6TwT[Mah Y■ To
1
same as above
SPACE ABOVE THIS LINE RESERVED FOR RIZCORDER';
L A.P. No.
Grant deed j
- I
Furnished by STEWART TITLE Of CALIFORNIA
The undersigned grnrltor(s) dccldre(s);
City transfer tax is S. Monument preservation, fcc is S
County transfer tax is $ I ,044.45
( ) computed on full value of propctty t;unvcyed, ur
( X ) computed on Nil value le,s value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X ) City of San. RafalrI and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE PARK TOWERS INVESTORS, A CALIFORNIA GENERAL PARTNERSHIP
hereby GRANT(S) tp
BOREL BANK AND TRUST COMPANY, A CALIFORNIA CORPORATION
the foUuwing deccribfd real property in the City of San Rafael
County of Marin , State of California:
LOT 16, as shown upon that certain map entitled: MAP OF MARIN PROFESSIONAL
CENTER, UNIT 2", filed for record November 1, 1960 in Volume 10 of Maps, at
Page 84, Marin County Records.
Dated- June 00, 1986 THE PARK TOWERS INVESTORS, A CALIFORNIA
litNk AK1NkK5H1N
STATE OF CALIFORNIA
55. -
COUNTY OF BYE.
On .—— bclarr mr, the under
styned, d Nntary Public in and for slid State, Pcr%unall) aplu•tued
Personally kno%n to me (or pimcd to nu on the ha,iN ul ,,%I fuclur)
tevidrnce) to he the prr�onls) Hho�c name ____. whnirtbed to
the within inunument ,tnd rt-)ciw%ledEeJ that _ _
vt uted flit saint
KITNFSS my hated and official Seel.
Slgnaturt
E ETtP TNER
It . T1
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL AGREEMENT
PROJECT NAME: PARK TOWERS DATE :
ADDRESS: 108 Professional Parkway. San Rafael
OWNER: Devonshire Associates
TOTAL NUMBER OF UNITS : 42
NUMBER OF LOW INCOME UNITS : 2
AFFORDABLE HOUSING RENT CALCULATION : For example, using the 1990
Median Gross Income for the Area such calculation would be as
follows :
Lou Income Units : The one bedroom unit monthly rent shall be 1/12
of 301 of 651 of the median gross annual income for a 2 person
household. The two bedroom unit rent shall be 1/12 of 301 of 651
of the median gross annual income for a 3 person household.
1 Bedroom
Income : $23,725 (Two person household @ 65% of median)
Rent _ ($23,725 /12) x 301 =
QUALIFYING TENANT INCOME LIMITS : For example, using the 1990
Median Gross Income for the Area the limits would be :
LOW INCOME
801 of median
PROGRAM COMPLIANCE
1 Person 2 Person
25,520 29,200
Occupancy of the two legalized 1 bedroom units by tenants
participating in the Section 8 Rental Assistance Program shall be
deemed compliance with this agreement. Evidence of compliance
shall be submission, annually, of a copy of the Section 8 Lease for
the subject units.
In the event of termination of the Section 8 Program the above
conditions will apply.
EXHIBIT "C"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
TENANT INCOME CERTIFICATION
PROJECT NAME: PARK TOWERS DATE :
ADDRESS: 108 Professional Parkway, San Rafael
OWNER: Devonshire Associates
APARTMENT NO.
TENANT/HOUSEHOLD NAME :
last
MONTHLY RENT :
f irst
TOTAL CURRENT HOUSEHOLD GROSS ANNUAL INCOME :
(total household income includes all wages, salaries, et., as reported as
gross income for federal income tax.)
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 Relation- Social Place of
Household ship Age 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
Owner
Date Date
EXHIBIT "D"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
CERTIFICATION OF CONTINUING COMPLIANCE
PROJECT NAMES : PARK TOWERS DATE :
ADDRESS : 108 Professional Parkway, San Rafael
OWNER: Devonshire Associates
TOTAL UNITS 42
TOTAL LOW INCOME UNITS TOTAL MODERATE INCOME UNITS
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 Unit Monthly
Tenants Name No. Rent
Moderate Income
Tenants Name
Signed : . Date
Owner
Attach additional sheets if necessary.
Annual Household
Income size
EXHIBIT "E"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL AGREEMENT
COMMENCEMENT OF PROJECT PERIOD
PROJECT NAME: PARK TOWERS DATE : September 15, 1990
ADDRESS: 108 Professional Parkway, San Rafael
OWNER: Deveonshire Associates, Monte Silver
The "Project Period" as defined in that certain BELOW MARKET RATE RENTAL UNIT
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, recorded 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
September 15, 1990. The Project Period will expire on Septmber 15, 2000.