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HomeMy WebLinkAboutCC Resolution 7297 (Grove Hill Subdivision)RESOLUTION NO. 7297 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT 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 contract, lease or agreement with American Savings and Loan/Al von der Werth and Housing Authority of the County of Marin involving provisions for below market rate residential units, (Re Grove Hill Subdivision mitigation off-site), 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 intro- duced and adopted at a Regular City held on Tuesdav meeting of the City Council of said the 18 t -h day of February_, 19 86, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None - �r _ JE NE M. LEONCINI, City Clerk ORIGINA1 7Z 9-I AGREEMENT Project Name: Grove Hill Location: Fifth Ave. at California Ave., San Rafael Developer: American Savings and Loan Association, or any successor in interest This Agreement is made and entered into this 1? -,A day of ��,3 ,�.,i 1986, among the CITY OF SAN RAFAEL, a municipal corporation (hereina-ter 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 "tile Authority"), and AMERICAN SAYINGS AND LOAN, 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 four (4) dwelling units to be sold at prices which are within the means of moderate -income families. C. The Authority is authorized by law to participate in programs which provide housing for families 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 families. 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 housing development in San Rafael known as "Captain's Cove" shall be provided by the Developer in lieu of providing four (4) dwelling units within the project approved by the City for the property described in Exhibit "A" attached hereto, to be sold to moderate -income families 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. Said dwelling units are hereinafter referred to as "the Units." 2. The Developer agrees that the selling price for the Units shall not exceeL' the prices set forth in Exhibit "B" attached hereto. 3. The 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 the Authority at least one hundred and twenty (120) days prior to anticipated occupancy of the Units. CITY OF SAN RAFAEL Page 1 of 7 INCLUO,'1014AARY IVJUSII.r,�_ iMTY AGrLLNL 0127E/860206 J -J. •. U• N. ��:33 aJJJJI 1LauiuEis diju cr -ity eligibility of applicants as per( . or families of moderate incor A family or indivi- dual shall be deemed to qualify as a moderate -income applicant provided the income of such family or individual does not exceed one hundred twenty percent (1201) 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, Office of Economic Affairs, Economic and Market 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 priorities and preferences adopted by the City and attached hereto as EXHIBIT "C". Preference for individuals or families falling within any of the priorities established in EXHIBIT "C" shall be determined by lottery or other equitable method mutually agreed upon by the City and the Authority. The Authority shall be paid a 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. 6. In the event that any Unit remains unsold at the end of one hundred twenty (120) days from the date of written notice from the Developer to the Authority prior to anticipated occupancy, the 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 such 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, 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 the 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, the Developer shall pay to the City from the sale price of such Unit seventy-five percent (75%) of the difference between the market price achieved and the below -market -rate sales price specified in Exhibit "B", or $20,000, whichever is greater. 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 first occur. The City shall pay to the Authority ten percent (107) of this sum for the Authority's use in administering Below Market Rate projects including, but not limited to, on-going BIMR 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 the 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. 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. Gi UVE WLL/Ameeicat, i rgs and Lo: -..n Association Page 2 of 7 City aF � all Rafael/Ilk).!_ ,;�; ilu, i-1 o; the. Gouji.:_y or Marin 0127E/860206 h, , iiut, icu5 vuyu i r -co De given under the terms -c his Agreement shall be sent by First Gass Mail and deposited postage p,,:paid in the United States Mail Service in Marin County, California, addressed as follows: To the City: City of San Rafael P. 0. Box 60 San Rafael, California 94913 Attention: Anne Moore, Planning Director To the Authority: Housing Authority of the County of Marin P. 0. Box 4282 San Rafael, CA 94913 Attention: Janet Miller Schoder, Executive Director To the Developer: American Savings and Loan Association 300 North Harrison, Fourth Floor Stockton, CA 95203 Attention: Howard Lawson, Vice President 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. 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 Lawrence E. Mulryan, Mayor ATT?,Jea-nne `'- By M. 'Leonci n'i-,, City Clerk Dated.: February 18, 1986 HOUSING AUTHORITY OF THE COUNTY OF MARIN BY: ATTEST: BY: Dated: Secretary DEVELOPER: AMERICAN SAVINGS +AND LOAN ASSOCIATION BY: ✓ '.. Attachments: EXHIBIT "A": Legal Description of Property EXHIBIT "B": Schedule of BMR Units and Sales Prices EXHIBIT "C": Priorities and Preferences for Eligibility EXHIBIT "D"; County of Marin Median Income Schedule GROYC HILL/Americon Savings an an Association Page 3 of 7 City of San C,afatel /Hr sing Au _, � c,the Count- f Marin 01 27E/80'0205 Date: Project Pane: Grove Hill Location: Fifth Ave. at California Ave., San Rafael Developer: American Savings and Loan Association, or any successor in interest DESCRIPTION: All that certain Real Property situated in the City of San Rafael, County of Marin, State of California, described as follows: PARCELS A, 8 and LOTS 1 through 18, inclusive, as shown upon that certain map entitled, "Map of Grove Hill", filed for record June 14, 1985 in Vol unie 19 of Maps at page 50, Marin County Records. GROVE III LI./Amurfcar, and 1�o ,ociation Page 4 of 7 €.ity of `�mn Ila f-,�i .',1r, : Authcrit.,, F thr County of Marin 0127E/860206 Project Name: Location: Date: �'7 0r.(, Grove Hill Fifth Ave. at California Ave., San Rafael Developer: American Savings and Loan Association, or any successor in interest Total Number of Units in Development: Eighteen (18) Number of BMR Units: Four (4) Units to be provided by the Developer in the "Captain's Cove" housing development, San Rafael SCHEDULE OF BMR UNITS AND SALES PRICES No. of Units Type Unit No. or Address Four (4) 2 BR 116 & 122 Captains Cove Dr. 47 & 48 Wharf Circle Sales Price $65,000 Following are the family sizes and incomes used to establish the sales price for each unit (refer to Exhibit "D"). Unit Size Household Size Percent of Median Income Household Incorie 2 BR Two person 90% of median $26,136 The BMR sales prices have been established based on the above incomes, and mortgage rates and debt -to -income ratio as follows: Mortgage Rate/Term 10.54* / 30 -year fixed Loan -to -Value Ratio 904 Percentage of Gross Monthly Income for Mortgage Payment (Principal and Interest) 254 * Mortgage rate based on tax-exempt financing which is being provided by the Developer using the 1983 County of V arin Home Mortgage Revenue Bond Program. GROVE HILL/American Sav, n -)n Association Page 5 of 7 City of San Rasztcl,1.11 „ I L -y of the County of Marin 0127E/860206 Date: t- , � , - �. Project Name: Grove Hill Location: Fifth Ave. at California Ave., San Rafael Developer: American Savings and Loan Association, or any successor in interest In certifying eligibility of applicants for the subject project, the Authority shall give priority as follows: Qualifications for Lottery 1. The applicant's income must fall within the specified income limitations (can not exceed 1203Z of median income). 2. The applicant's assets may not exceed 75% of the sales price of the unit. 3. The applicant may not currently own or have any legal interest in a primary residence. Priority for Lottery Selection 1. First priority for one of the Units shall be given to persons currently employed permanently, full-time by the City of San Rafael. 2. Second priority shall be given to persons living or working permanently, full-time in San Rafael. 3. Third priority shall be given to persons living or working permanently, full-time in Marin County. 4. Fourth priority shall be given to all other applicants. c,i.O: !1111/Ainnricar, I" - and Loan Association Page 6 of 7 City of Star rtaf,va I/t?o g t� : �rnn� � �.,_ 4uujity of Marin 0127E/860206 EXHIBIT "D" U C •E to O Vi 1_ r1) 0 c C) U cn S- to O C) •+ U W L O •�- > to =J O 4- O S- o 4j 4- z O 4- rt3 O aJ, at U 4- w > cd O C 4-3 • r 4- ra C 4-3 4--v r E O C •r w cL 4- a) E o 04- E 4- N CJ N •r > ^ O cc U Q) C D er• "Cy S- "I N cd O S. CLO 4- LL to 1 -0 -0%0 S- C) C S-. 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