HomeMy WebLinkAboutCC Resolution 8077 (BMR Unit)RESOLUTION NO. 8077
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
SIDNEY J. HENDRICKS AND DENNIS HORNE AND THE
CITY OF SAN RAFAEL RE SPINNAKER ON THE BAY,
PHASE I
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael, a Below Market Rate Rental Unit Agreement
and Declaration of Restrictive Covenants between Sidney J. Hendricks
and Dennis Horne 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 MONDAY , the 6TH day of NOVEMBER , 1989, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J M. LEONCIVI, City Clerk
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CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
PROJECT NAME: SPINNAKER ON THE BAY, PHASE I
ADDRESS: Bellam Blvd., San Rafael
OWNER: Sidney J. Hendricks, and Dennis Horne
655 Redwood Highway, Ste 300
Mill Valley, CA 94941
THIS BELOW MARKET RATE RENTAL UNIT AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS is made and entered this day of
November 5th 1989, 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 Sidney J. Hendricks and Dennis Horne (the "Owner").
PREAMBLE
WHEREAS, the Owner proposes to construct a 111 unit complex
located at Bellam Blvd., San Rafael, known as SPINNAKER ON THE BAY,
PHASE I ("Project"j as an "Affordable Housing Project" as defined
in policy H-20 of the San Rafael General Plan 2000 and City
Ordinance No. 1515 - Spinnaker on the Bay PD zoning.
WHEREAS, the Owner owns the real property located within the
corporate limits of the City and more particularly described in
Exhibit "A" attached and incorporated for reference herein and;
WHEREAS, the Owner has received the City's approval to
construct a residential development ("the project") on the property
and;
WHEREAS the City's approval of the project is conditioned upon
Owner's compliance with the Housing Element of the General Plan
2000 and providing low and moderate income units as set forth in
Exhibit "B" attached and incorporated herein.
NOW, THEREFORE, in consideration for the mutual covenants and
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and the Owner do hereby contract and aF-r-ee
as follows:
AG REF, M E N.T.
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. firth 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, and shall be established using the then
' COPS'
current Median Gross Income for the Area as shown for example in
Exhibit "B".
"Low Income Household" shall mean the occupant (s) of a
residential unit in the Project whose aggregate adjusted household
income does not exceed 80% of the Median Gross Income for the Area,
adjusted for household size.
"Low/Moderate Income Unit" refers to the units described in
Exhibit "B".
"Median Gross Income for the Area" shall !:man inc_,!Y,e 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.
"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 thereo:.,
including all fixtures and other property owned, leased or licensed
by the Owner and located on, or used in connection with, such
buildings, structures or other improvements, all of which shall be
constructed and operated by the Owner in accordance with the
restrictions set forth in this Agreement.
"Project Period" means a period of forty (40) years commencing
with the date that is the earlier of the date when at least fifty
percent (50°x) of the total approved units in the Project are first
occupied. The restrictions set forth herein shall be deemed
covenants running with the land provided, however, that upon
termination of this Agreement said covenants shall expire.
"Qualifying Tenant" means resident households whose incomes
do not, exceed the household income limits for Low Income Household
and/or Moderate Income Household.
SECTION 2. QUALIFYING TENANTS
(a) SELECTION. For the duration of the full Project Period,
Qualifying Tenant selection shall be based on income eligibility
for Low and Moderate Income Households as defined in Section 1
and subject to final approval by the owner.
2
(b) QUALIFICATION. Qualifying Tenant status shall be
determined at the time of initial occupancy of a unit by the tenant
(s) and re -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
not file or did not retain a copy of their federal tax
return, other evidence, such as a current wage statement or
employer records must be obtained.
(c) OCCUPANCY. Throughout the Project Period, the required
Low/Moderate Income Units in the Project shall be occupied and at
all times be rented to Qualifying Tenants. 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 unit 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 ;.nrizal rPr pr':i f rrpti on 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 Progr :-, Admir.ie tratoL .
(b) EXHIBIT "D" CERTIFICATION OF CONTINUING COMPLIANCE.
Exhibit D shall be submitted by the Owner to the Program
Administrator quarterly until the project is fifty percent (50%)
occupied and semi-annually thereafter for the Project Period.
3
(c) The owner shall permit the Program Administrator to
inspect the Project records at the project site upon 10 days
notice.
SECTION 4. COVENANTS_ It is intended and determined that the
provisions of this Agreement shall constitute covenants which shall
run with the land comprising the Project for the benefit thereof,
and the burdens and benefits thereof shall bind and inure to the
benefit of all successors in interest of the parties hereto;
provided, however, that on the termination of this Agreement said
covenants shall expire.
SECTION 5. TERM. This Agreement, shall become effective upon
its execution and delivery. Except as provided in the immediately
following paragraph, this agreement shall remain in full force and
effect for the Project Period. Upon commencement of the Project
Period, the Owner and City shall execute, and Owner shall record in
the Marin County Recorder's Office a "Notice of Commencement of
Project Period" which Notice shall state the date that the Project
Period commenced and the date that the Project Period will expire.
the Notice of Commencement of Project Period will be in the form
set forth as Exhibit "E" to this Agreement.
SECTION 6. DEFAULT AND ENFORCEMENT. In the event the owner
leases any unit in violation of this Agreement, the Owner shall
immediately, upon notice from the City, rent the unit at the
Affordable Housing Rent in accordance with Exhibit B of this
agreement and pay; (i) to the Tenant, an amount equal to the
difference between the amount the Owner actually received for the
Unit leased in violation of this Agreement and the amount the Owner
would have received pursuant to Exhibit B of this Agreement for the
term of the violation; and (ii) to the City, as liquidated damages,
an amount equal to two times the difference between the amount the
Owner actually received for the Unit leased in violation of this
Agreement and the amount the Owner would have received pursuant to
Exhibit B of this Agreement for the term of the violation. The
parties agree that this formula for establishing liquidated damages-
is
amagesis reasonable considering all the circumstances existing on the
date of this Agreement, including (a) the range of harm that would
result to the City and its housing program under its general plan
from violation of this Agreement by the Owner, and (b) the
anticipation that proof of the actual damages would be costly and
inconvenient. In the event the Tenant cannot be located within a
reasonable time the Owner shall pay to the City the total amount
due to the Tenant.
SECTION 7. MONITORING FEE. The Owner agrees to pay to the
City during the Project Period an annual monitoring fee payable on
or before June 1 of each year and shall be calculated at the rate
of $100.00 per Low/Moderate Income Unit per year. Total annual fee
$2,400.00. If the expenses of the City in monitoring compliance by
the Owner with provisions of this Agreement are in excess of $2,400
in any annual period, the Owner upon written demand shall pay such
excess costs.
:1
SECTION 8. UNIT MIX, 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 tl-,c=:-:ent that a part; 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 --hall 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 term-ination as the O np.-
may reasonably request.
SECTION 14. NOTICE- All notice--- 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 Sari Rafael
Attn : Planning Director
P.U. Box 60
San Rafael, CA 94913
TO THE OWNER Sidney J. Hendricks and Dennis Horne
655 Redwood Highway, Sty: 300
Mill Valley, CA 94941
5
Notice shall be deemed served for purposes of the Agreement one day
after deposit in the United States mail or acceptance by the
overnight courier service. Any party may change its address for
purpose of notice by giving notice pursuant to this section.
SECTION 15. TERMINATION. This Agreement shall terminate and
be of no further force or effect at the end of the Project Period.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first written above.
ATTEST
YCity Cler.h -----
SLATE OF CALIFORNIA )
ss.
COUNTY OF MARIN j
CITY OF SAN RAFAEL
BY
Name Lawrence E. Mulryan
Title Mayor
SPINNAKER POINT DEVELOPMENT,. INC, a California cor -
OWNER By: orPation
_-Dennis_.' Horpe- ice.,President/Secretary
BY
Sidney J. Hepdr - ;s XDbNMXU)Mk1W-President
On this 2nd day of JANUARY , 1990, before me, JEANNE M. IEONCINI, a
Notary Public in and for the said County and State, residing therein, duly
con-nissioned and sworn, personally appeared LAWRENCE E. MULRYAN
personally known to me 4or--pr-•vzd.•-Lo-•rae -aa -tbe-ba sis-0-a-c-wry
�vir}c-e� to be the 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
sane.
IN WITNESS WHEREOF, I have hereunto sEt my hand and affixed my official seal
the day and year in this certificate first above written.
JEANRE�Y. LEONCINI, NOTARY PUBLIC in and for
said County and State.
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CA
I Corporation )
sI'vff OF CALIFORNIA
SS.
COUNTY OF Marin
01,, February 7, 1990 before me, Arline J. Bastien "tNotaryPublic
in and for said State, personally uppeumA
Dennis R. Horne
(known to nisi (or proved to me on the basis of satisfactory evidence) to be Lha
Vice President
�gv,& X, X and Secretary
of Lite corporation that executed the within Instrument (known to me) (or proved to me on the basis
d satisfactory evidence) to be Lite persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
- .
instrument pursuant to it.9 b% -laws or a resolution of its board of _�-----• - t
directors. OFFICIAL,
WITNESS my hand and official seal ; { /,�, "i:1-i'd
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My comm. e;i•i•a CCC 14, 19:0
,rm 3216 (CA 12-62) (This area for official notarial seal)
I Corporn tion I
STATE OF CALIFORNIA )
y SS.
COU Nn' OF Marin )
()n February 13. 1990 before me the undersigned a Notary Public
in and for said State. personally appeared Sidney J. Hendricks
(known to me) (or proved to me on the basis of satisfactory evidence) to be the
President, aXXX
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XUy of the corporation that executed the within Instrument (known to me) (or proved to me on the basis
of satisfactory evidence) to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me dint such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of - OFF IC IMA L SEPL
directors. P.I':_IIN:E .I a/til( `l rr
WITNESS my hand and official seal. i ;;r • r , :51_I, CAI LIF'371MA
Signature ' � �. - r I`• : �/ I' ."., ( t
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EXHIBIT "A"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL AGREEMENT
All that certain real property situated in the City of San
Rafael, County of Marin, State of California, described as
follows:
Lot 20, as shown upon that certain map entitled, "Map
of Baypoint Lagoons", filed for record in the Office of
the Marin County Recorder, State of California, on
, 19 , in Book of Maps, at
Pages through
RE: SPINNAKER ON THE BAY, PHASE I 12/21/89
BELOW MARKET RATE RENTAL UNIT AGREEMENT
NOTE TO FILE:
City Attorney approved "Exhibit A" which reads, in part:
"Lot 20"instead of"Parcel A� as shown upon that
certain map entitled, "Map of Bagoint Lagoons"
instead of "Map of Spinnaker og
n the Bay".
h.
J NE M. LEON ,INI
City Clerk
APPROVED:
GARY .�GGHIANTI
City Attorney
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL AGREEMENT
PROJECT NAME: SPINNAKER ON THE BAY, PHASE I DATE
ADDRESS: Bellam Blvd., San Rafael
OWNER: Sidney J. Hendricks, and Dennis Horne
TOTAL NUMBER OF UNITS: 111 Units
TOTAL NUMBER OF LOW/MODERATE INCOME UNITS: 24
NUMBER OF LOW INCOME UNITS: 11
NUMBER OF MODERATE INCOME UNITS: 13
AFFORDABLE HOUSING RENT CALCULATION For example, using the 1989
Median Gross Income for the Area such calculation would be as
follows :
Low Income Units : The one bedroom unit monthly rent shall be 1/12
of 30% of 65% of the median gross annual income for a 2 person
household. The two bedroom unit rent shall be 1/12 of 30% of 65%
of the median gross annual income for a 3 person household.
1 Bedroom - 7 units
Income : $22,900 (Two person household @ 65% of median)
Rent ($22,900 /12) x 30% = $53.3
2 Bedroom - 4 units
Income : $25,750 (Three person household @ 65% of median)
Rent ($25,750 /12) x 30% = $.644
Moderate Income Units The one bedroom unit monthly rent shall be
1/12 of 30 of 90 of the median gross annual income for a 2 person
household. The two bedroom unit rent shall be 1/12 of 30% of 90
of the median gross annual income for a 3 person household.
'. Peurooi,
Income : $31,700 (Two person household @ 90% of median)
Rent ($31,700 /12) x 30 = $.793
2 Bedroom - 4 units
Income : $35,650 (Three person household @ 90% of median)
Rent ($35,650/12) x 30% =
QUALIFVTNG TENANT INCOME LIMITS : For example, using the 1989
Median Gross Income for the Area the limits would be
1 Person 2 Person 3 Person 4 Person
Low Income 24,650
80 of median
Moderate Income 30,800
100% of median,
28,150 31,750 35,200
35,200 39,600 44,000
EXHIBIT "C"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
TENANT INCOME CERTIFICATION
PROJECT SPINNAKER ON THE BAY, PHASE I ADDRESS : Bellam Blvd.
San Rafael
OWNER Sidney J. Hendricks and Dennis Horne
655 Redwood Highway Ste 300
Mill Valley, CA 94941
APARTMENT NO. MONTHLY RENT
TENANT/HOUSEHOLD NAME :
last
first
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.
T-- .ant - Head of Household Owner
Date Date
EXHIBIT "D"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
CERTIFICATION OF CONTINUING COMPLIANCE
PROJECT SPINNAKER ON THE BAY, PHASE I ADDRESS : Bellam Blvd.
OWNER Sidney J. Hendricks and Dennis Horne San Rafael
655 Redwood Highway Ste 300
Mill Valiey, CA 94941
TOTAL UNITS : 111
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 Annual Household
Tenants Name No. Rent Income size
Moderate Income
Tenants Name
Signed . Date
Owner
Attach additional sheets if necessary.
PROJECT NAME:
ADDRESS:
OWNER:
EXHIBIT "E"
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL AGREEMENT
NOTICE OF COMMENCEMENT OF PROJECT PERIOD
SPINNAKER ON THE BAY, PHASE I DATE :
Beilam Blvd., San Rafael
Sidney J. Hendricks, and Dennis Horne
The "Project Period" as devined in that certain BELOW MARKET RATE
RENTAL UNIT AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS,
recorede on as Document # , in the Office
of the Marin County Recorder and pertaining to the reaql propoerty
within the City of San Rafael, State of California, described in
Exhibit "A" attagched hereto, commenced on
The Project Period will expire on
ATTEST
City Clerk
CITY OF SAN RAFAEL
BY
Name
Title
OWNER
BY _
Sidney J. Hendricks
BY:
Dennis Horne