HomeMy WebLinkAboutCC Resolution 7522 (Summerhill Subdivision)RESOLUTION NO. 7522
RESOLUTION APPROVING FINAL MAP OF SUBDIVISION
ENTITLED, "SUMMERHILL" AND AUTHORIZING
EXECUTION OF BELOW -MARKET -RATE AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL, THE HOUSING
AUTHORITY OF THE COUNTY OF MARIN AND
CHATHAM-INDIO LIMITED PARTNERSHIP
WHEREAS, the Planning Commission of the City of San Rafael,
State of California, did on April 20 , 1987 , in writing,
recommend to the City Council of said City the approval of the final
map of " SU'•1MERHILL ", consisting
of five sheets, hereinafter referred to; and
WHER^AS, it appears to said City Council and said City Council
hereby =inns and detern-..ines said map is in conformity with the re-
quirements of the Subdivision Ordinance, Title 15 of the San Rafael
Municipal Code, and that said City Council is satisfied with the
plan of the subdivision;
NOW, THEREFORE, IIr IS HEREBY RESOLVED by the City Council of
the City of San Rafael-, Ca.1i fornia, that the final map of said sub-
division, approved by the Planning Commission of said City on
March 24 , 19 87 , and entitled, " SUMMIERHILL
it, be and the same is hereby approved, and that
the City Clerk of said City be and she is hereby authorized and
directed to execute the certificate upon the face of the -map of the
approval thereof and, upon the filing with the City Clerk of the
agreement and bond (or deposit) with the approval thereof all as
required by Sections 1-6_20.060, 15.20.080, and 15..20.090 of said
Subdivision Ordinance, to transmit said map to the Clerk of the*
Board of Su-ner7isors of Marin_ County;
1T, =OLVED that that certain _agreement entitled,
"AGR '• 1 (SUBDIL'I'SION IMPROVEMENTS) SUMMERHILL
•', bei r the agreement required- by Section 15.20.080
of said ordinance, shall, when executed and filed by or on behalf
of the -subdivider and approved by the City Attorney and City Manager
as provided in Section 15.20.060 of said ordinance, be executed on
behalf of said City by the Mayor and City Clerk, and said officers
are hereby authorized and instructed so to do;
IT IS FURTHER RESOLVED that upon the execution, filing end
approval of said agreement and bond and the recordation of said
�. R I N A
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final map, all in accordance with the requirements of said ordinance
as pertaining to said agreement and bond and the recordation of
said map, the City accepts the dedication of all public streets,
public utility easements and anchor easements, all as shown thereon
for public use as such.
IT IS FURTHER RESOLVED that the Mayor and City Clerk
are authorized to execute, on behalf of the City of San Rafael,
an agreement with the Housing Authority of the County of Marin,
and Chatham -Indio Limited Partnership, relating to the sale of
newly constructed residential units to low and moderate income
families within the Summerhill Subdivision, a copy of which is
attached hereto, and incorporated herein by this reference.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 20th day of April, 1987, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
X.
JE ". LEONCINI, City Clerk
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L-OCATION MAP
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L-OCATION MAP
Project -Name: SUMMERHILL ..
Location: Los Ranchitos Rd. and Golden Hinde Blvd., San Rafael
Developer: Chatharrr-Indio Partnership, or any successor in interest
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Tnis Agreement is made and entered into this 20th day of April 1987,
among the CITY OF SAN RAFAEL, a municipal corporation (hereinafter referred to
as "tile City"), the HOUSIi4G AUTHORITY OF THE COUNTY OF MARIN, a public body,
u corporate and politic, created under the Housing Authority Law of the State of
California (hereinafter referred to as "the Authority"), and CHATHAM-INDIO, a
o Georgia Partnership, or any successor in interest (hereinafter referred -to as "tne
Developer").
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A. Tne Developer intends to construct a residential dousing development on that
Q certain real property situated within the corporate limits of the City, whicil
C; real property is more particularly described in Exhibit "A" attached hereto
Lo and incorporated nerein.
0
LO B. The City, in accordance with the provisions of Tentative Subdivision Hap
TS 85-7, has approved the Developer's proposed development on condition that
M the Developer provide therein four (4) dwelling units to be sold at prices
whicir are witnin the means of moderate -income families.
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Lc) C. Tile Authority is authorized by law to participate in programs which provide
housing for families of low and moderate income, and is by experience
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qualified to screen and determine eligibility of applicants for lope and
mnierate-income housing.
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The parties hereto desire, by this Agreement, to cooperate in implementing tile
efforts of the Developer to comply witil the requirement that the Developer make
available said dwelling units at prices which are within the means of
b moderate- income families.
NOW THEREFORE, it is hereby agreed Dy and between the parties hereto as follows:
1. The Developer agrees that four (4) duelling units within the project approved
by the City for the property described in Exhibit "A" attached hereto will be
sold to moderate- income families in accordance with the terms and pursuant to
tine procedures set forth in this Agreement. Said dwelling units are
identified in Exhiuit "B" attached hereto and will be legally described in an
attachment to be recorded wits tine final reap. Said dwelling units are
hereinafter referred to as "the Units."
2. The Developer agrees that the selling price for the Units shall not exceed the
prices set forth in Exhibit "B" attached hereto, or as modified in accordance
with the provisions of Exhibit "B".
J. Tile Developer agrees to offer the Units for sale only to individuals or
families who have been certified as eligible by the Authority.
4. The Developer further agrees to give written notice to tile Authority dt
least one hundred and twenty (120) days prior to estimated issuance of
Certificate of Occupancy.
CITY OF SAN RAFAEL Page 1 of 7
INCLUSIONARY HOUSING TRI -PARTY AGREE,11ENT 0195E/87021 1 - - - - - - -
0 F_, y
b. The Autnority agrees to_procass applications and certify eligibility of
applicants as persons r 'arn' l ies of moderate income. F Emily or l ndivi-
dual shall be deemed to jua I i fy as a moderate -i ncooe app, .,:ant provided tile
income of such family or individual does not exceed one hundred twenty percent
(12010) of the median incoiae for the San Francisco Primary Metropolitan
Statistical Area Molor'A)--San Francisco, San ilateo and Marin County --as
determined by the United States Department of Housing and Urban Development,
Office of Economic Affairs, Economic and Md rke't Analysis Division, with
adjustments for smaller or larger families (see Exhibit "D" attached hereto).
In certifying eligibility of applicants, the Authority shall adhere to the
eligioility criteria adopted by tine City and attached hereto as EXHIBIT "C".
Preference for individuals or families meeting the eligibility criteria
established in EXHIBIT "C" shall be determined by lottery or other equitable
method mutually agreed upon by the City and the Authority. Tile Authority
small be paid d fee of $500 per unit to be paid by the buyer, which payment
shall be included in the buyer's closing costs upon sale of the Unit.
G. In the event that any Unit remains unsold at tine end of one hundred twenty
(120) days from the date of issuance of a Certificate of Occupancy by tine City
for tine phase of development in which the subject unit is located, th,,
Developer shall notify the Authority in writing of such fact. Within ten (10)
working days after receipt of such written notice, the Authority or its
assignee may notify the Developer in writing that it will purchase such Unit.
If such notice is given by the Authority, the Developer shall then sell �,ucll
Unit to the Authority or -its assignee at the same price it would have been
available for sale to families of moderate income. As used herein, tine term
"sold" shall paean tiie execuLiorn of a contract fur purchase and the approval 04-
a
4a mortgage loan for the buyer.
In tine event that tine Authority or its assignee declines to purchase such
Unit, it may be sold by the Developer on the open market without restriction
as to price. In such event, tine Devel oper seal 1 pay to the Ci ty from -tile sal e
price of such Unit severity -five percent (75',6) of -the difference between the
market price achieved and tine below -market -rate sales price specified in
Exhibit "B". 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 small first occur. The City small pay
to the Authority ten percent (101/0) of this sum for the Authority's use in
administering Below i'llarket Rate projects including, but not limited to,
on-going BiAR 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 deed or contract conveying a Unit to an applicant certified by the
Authority shall contain a restriction 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 tine Authority or its assignee, in writing. Said
deed restriction shall be in the form of an attachment to the Grant Deed
provided by the Authority which shall be incorporated by reference and
recorded with the Grant Deed.
d. In the event that the development project is not constructed or in the event
that tine 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 tiie 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.
SUMMERHILL/Chatham-Indio Partnership Page 2 of 7
City of San Rafael/Housing Authority of the County of Marin 0195E/870211
be sent by First Class Mail and deposited postage prepaid in the United
States flail Service it trin County, California, addre d as follows:
To the City: City of San Rafael
P. 0. Box 60
San Rafael, California 94913
Attention: Anne Moore, Planning Director
To the Autnority: Housing Authority of the County of Marin
P. 0. Box 4282
San Rafael, CA 94913
Attention: Janet Miller Schoder, Executive Director
To the Developer: Chatham -Indio Partnership
720--"A" Street
San Rafael, CA 94901
Attention: Art Chatham
Any party may change the address to which notice shall be nailed to it by
giving notice thereof to the other parties by certified mail.
10. The parties agree that, upon demand, they will subordinate this agreement
to a purchase money loan secured by a first deed of trust from a
recognized institutional lender 'to the extent this agreement may affect
the rights of said lender under the deed of trust and its ability to sell
said mortgage to either the Federal Home Loan Mortgage Corporation or the
Federal National Mortgage Association.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
CITY OF SAN RAFAEL
By
Mayor
ATTEST: .
By:
U � Clerk
HOUSING AUTHSITY OF,T E
COUNTY OF MARI
1p
ATTEST: CV
By
—� Secretary
DEVELOPER: CHATHAM-INDIO PARTNERSHIP
Approved as to form: By:
Art Chatham, General Partner
J
Attachments: EXHIBIT "A": Legal Description of Property
EXHIBIT "B": Schedule of BMR Units and Sales Prices
EXHIBIT "C": Eligibility Criteria
EXHIBIT "D": County of Marin Median Income Schedule
SUMMERHILL/Chatham-Indio Partnership Page 3 of 7
City of San Rafael/Housing Authority of the County of Marin 0195E/870211
STATE OF CALIFORNIA
COUNTY OF MARIN
On this 16th day of July , 1987, before me M. L. Scott , a Notary Public
in and for the said County and State, residing therein, duly commissioned and sworn,
personally appeared HAROLD C. BROWN, JR. , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person who executed this instru-
ment as Chairman, Board of Commissioners of the Housing Authority of the County
of Marin , and acknowledged to me that the Housing Authority of the County of
Marin executed it.
Witness my hand and official seal.
Notary Public, State of California
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
a -
ori'icw►i 9Eu
M. L. Scor
• NOTARY PUBLIC -CALIFORNIA
Principal Office in MARIN Count
y M v M ^ My Commission Expires Nov 18, MM
On this 6TH day of JULY 1987, before me, JEANNE M. LEONCINI, a
Notary Pu- bfic in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN
personally knbwn to me (ar_ pr�.ueri _to .ma.o�_the_bas�s-a€-sai:�is#aeto-
evideeze) 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
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 „EAI. +?
r• -'/i ' ` " LIC - CALIMRI•IIA
Pn i;n Cite in 11ARIN COUNTY �
MMM E<; r,: 27, ISO:
JEA
N Z-LEONCINI+NTARY PUBLIC in and for
ti'!':\TE OF CALIFORNIA On this ..... .. ndda
..... y of June in the yeur..1.98.7......
sti• before me, .. , 1?atrigia Wright, Bennett , , , , , , , , , , , , , , , ,.t Notary Public, StaLe of
COL NTT Oh ....... ,Marin California, duly licensed and sworn, personally appeared ............ .
... Art, Chatham ... . ... ............................ ..................
OFFICIAL VAL - personally known to me for proved to me on the basis of satisfactory evidence) to be the person
PATRIDA1f1f1NOW1110dMI T - that executed this instrument• on behalf of the partnership and acknow ledger) to me that thr
NOITAiiYFOWA =
Mtn t partnership executed it.
„ .. IN wi,rNESS WHEREOF I have hereunto set my hand and affixed my official
seal, III the ........................... CounLy ol'.. all i.rl ......... . un the dale set
forth above in this certificate.
I I if w a general lolm which may be pra{ur for use m simple vansicl,uas nul m nn wa•/
', I 1 Inro sacs la an ,u a sub56mlC Ing the ativ.. a nl do .nlamry 1 he pnntcl goes nnl make any
li I, '.Ili,•' „�111ph,Nl4,10n„•I,IlI'd V 10:1V„lany 11111.1:x,1„1 „1 Iho "Wal.; IV nl IIWW. I” IMS
NotLity�I'ublic, State oCCaIIGlrnfa.
/ Ci mderv', Dorm No. 29 — Acknowledgment to Notary Public
1 Partnurshtp tC'.C. Sec. 1190A.1 (Rev. 1183) My commission expires__
LXHiBi l "A" '
Project Name: SUMMERHILL
Location: Los Ranchitos Rd. and Golden Hinde Blvd., San Rafael
Developer: Chatham -Indio Partnership, or any successor in interest
LEGAL DESCRIPTION
All that certain Real Property situated in the City of San Rafael, County of
Marin, State of California, described as follows:
PARCEL TWO as shown upon that certain map entitled, "Parcel Map of Lands of
Hartzell School" filed January 7, 1986 in Book 23 of Parcel Maps at Page 1,
Marin County Records.
SUMMERHILL/Chatham-Indio Partnersiiip Page 4 of 7
City of San Rafael/Housing Authority of the County of Marin 0195E/870211
Pr,.j'jec,t Name: SUMMERHILL
Location: Los Ranchitos Rd. and Golden Hinde Blvd., San Rafael
Developer: Chatham -Indio Partnership, or any successor in interest
SCHEDULE OF BMR UNITS AND SALES PRICES
Unit tlo.
Plan
Percent of idedian Income
Type
Size
Sales Price*
1
A
3BR
/ 2-1/2 BA
1,384 sf
$98,600
6
D
3BR
/ 2BA
1,459 sf
98,600
11
B
3BR
/ 213A
1,462 sf
98,600
1
F
3BR
/ 2-1/2 BA
1,222 sf
98,600
Ttie household size and incooe used to establisn the above sales prices are as
follows (refer to Exnibit "D" for median income schedule):
Unit Size
Household Size
Percent of idedian Income
Household Income
3BR
Four persons
90� of median
35,820*
The sales prices have been estaolished oased on file above incomes, and a
current mortgage rate and debt -to -income ratio as follows:
Mortgage Rate/Term 9.5% / 30 -year fixed
Loan -to -Value Ratio 900
Percentage of Gross Monthly Income for
Mortgage Payment (Principal and Interest) 25%
* Recalculation of the above sales prices shall be permitted at the time of
receipt by the Authority of the Developer's written notice one hundred
twenty (120) days prior to the issuance of Certificates of Occupancy for
the Units (refer to page 1, article 4.) 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 the Authority using the current prevailing mortgage rate for a 30 year,
fixed-rate mortgage as determined by the 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.
SUIOIERHILL/Chatham-Indio Partnership Page 5 of 7
City of San Rafael/Housing Authority of the County of Marin 0195E/870223
ti
kH.if;! i it 04
Project 'Jame: SUMMERHIll-
Location: Los Ranchitos Rd. and "Golden Hinde Blvd., San Rafael
Developer: Chatham -Indio Partnership, or any successor in interest
ELIGIBILITY CRITERIA
In certifying eligibility of applicants for the subject project, the Authority
snall employ the following criteria:
1. Tne applicant's total household income must fall within the limits of
moderate in-ame (i.e., does not exceed 1201 of median income, based on
the median income for the San Francisco P14SA, as determined by H.U.D.,
and as adjus7ced for family size).
2. Tne applicant's assets may not exceed 75% of the sales price of the
unit.
3. The applicants) may not currently own or have any legal interest in
another residence.
Priority for Lottery Selection
A priority syste%a for the lottery, if any, will be decided upon among the
Developer, the City and the Authority prior to the advertising and
conducting of a lottery for purchase of the B14R Units based upon legal
counsel resolving certain issues with respect to the legality of certain
types of priorities specified in the Tentative Map.
Su,"NERHILL/Chatham-Indio Partnership Page 6 of 7
City of San Rafael/Housing Authority of the County of Marin 0195E/870211
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SUMMERHILL/Chatham-Indio
Partnership
Page 7 of 7
City
of San Rafael/Housing Authority
of
the
County
of
Marin
0195E/870223