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HomeMy WebLinkAboutCC Resolution 7027 (Centertown)RESOLUTION NO. 7027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF PROPERTY AT 1301 THIRD STREET, KNOWN AS CENTERTOWN WHEREAS, pursuant to Title 14 of the San Rafael Municipal Code, an amendment to rezone property at 1301 Third Street was received; and WHEREAS, an Initial Environmental Study was prepared in accordance with the State EIR guidelines to assess potential environmental impacts of the proposal; and WHEREAS, on January 15, 1985, the Planning Commission found that the proposal would not create any significant adverse impacts and recommended to the City Council (5-2) the certification of a Negative Declaration; and WHEREAS, on February 4, 1985 the City Council con- curred with the Planning Commission recommendation. WHEREAS, the City Council finds that there is no sub- stantial evidence in the record showing that the project may have a significant affect on the environment. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council certifies the Negative Declaration for Z82 -18(b). 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 4th day of February , 1985, by the following vote, to wit: AYES: COUNCILMEMBERS :Breiner, Frugoli, Nave, Russom and mayor Mulryan NOES: COUNC ILMEMBERS: None ABSENT: C OUNC I LME MBE RS : None 22 A/3 JE�M.ONCI City erk 3R1(t"7TNAL Project Name: CENTERTOWN Location: 855 "C" Street at Third Street, San Rafael Developer: U.F. Service Corporation, or any successor in interest This Agreement is made and entered into this 4th day of February , 1985, 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 "the Authority"), and U.F. Service Corporation, 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 TS 83-7(b) CITY OF SAN RAFAEL, has approved the Developer's proposed development on condition that the Developer provide therein five (5) 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 five (5) dwelling 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 the procedures set forth in this Agreement. Said dwelling units are identified in Exhibit "B" attached hereto and will be legally described on the condominium plan to be recorded with the final map. 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. 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 notify the Authority at least one hundred and twenty (120) days prior to estimated issuance of Certificate of Occupancy. Doc 0036E/CENTERTOWN BMR Agreement 840723 �. .­U..vi.i%y ciSicco w JJLvice5s applications ana certify eligibility of applicants as perr s or families of moderate inco A family or indivi- dual shall be deem,u to qualify as a moderate -income applicant provided the income of such family or individual does not exceed one hundred twenty percent (1200 of the median income for Marin County as determined by the United States Department of Housing and Urban Development with adjustments for smaller or larger families. 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 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 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 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 shall first occur. The City shall pay to the Authority ten percent (10%) of this sum for the Authority's use in administering Below Market Rate ("BMR") 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. The Developer's brochures shall include reference to the fact that a limited number of Units within the project will be made available to qualified buyers of moderate income. All buyers will evidence their individual knowledge of this program on their purchase agreement. 8. 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 attached to, incorporated by reference, and recorded with the Grant Deed. CENTERTOWN/U.F. Service Corporation Page -2- City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723) 9. All notices requir`_ to be given under the terms of chis Agreement shall be sent by First Class Mail and deposited postage prepaid in the United States Mail Service addressed as follows: To the City: Planning Department, City of San Rafael P. 0. Box 60 San Rafael, CA 94915-0060 Attention: Jean Freitas, Associate Planner 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: U.F. Service Corporation 130 Montgomery Street San Francisco, CA 94104 Attention: Jeff L. Green, Vice President Gerald K. Bevilacqua, Vice President Anv Party may change the address to which notice shall be mailed to it by STATE OF CALIFORNIA ) .' -- ---+-4=n 1,tT rnrt-i-FiAd mail. COUNTY OF MARIN ss. On this 6th day of FEBRUARY 1985, before me, JEANNE M. LEONCINI, a Notary Public in and for the said County and State residing therein, duly commissioned and sworn, personally appeared LAWRENCE E. LRYAN personally known to me Jnr nrnvarl t� me an f -ha ha S_! „f r .31 evldence� 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 SEAL . . � _ l r;• E 1 x`l� JEANN : Al. LEONCIM _'ORPORATE ACKNOWLEDGMENT NO 202 � ,/%C,e►.Cs� - .. .... _. - - � - - - -r ., - ksw��dA�.�.'.'r;i ,!, -, 1 Ir'��,.��Tfr - _�,� I �{��/ I State of �� Ll ,�a2 )LL ct On this the ��� day of a ��� `64 19k, before me, (, SS.� County of xe , f'1!c e� e / I �L. 'LCA='7L(� /L� 1E'. �;,(C�11 I the undersigned Notary Public, personally appeared , V 1 ♦C.��'.���rrr�����CGf-�� �, �� ❑ personally known to me FRANCINE M. SELOGIE Y-' proved to me on the basis of satisfactory evidence NOTARY PUBLIC -CALIFORNIA to be tt e persons) who executed the within instrument as CITY AND COUNTY OF L fZi�,CL G �. >t or on behalf of the corporation therein SAN FRANCISCO named, and acknowledged to me that the corporation executed it. j My. Commission Expires Nov. 20, 1984 WITNESS my hand and official seal Notary's Signature' j 'J,Y,YrY�.i�rrrrr�--r.----- ---rte �r'��r��r�+C•A.G'CGC.0 .i�'�J��UI/� 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • woodland Hills, CA 91364 City of San Rafael/housing Auttiorlty- or- -rne--uouu%q--or-,ma=n -,-Voe` w�v�royvrc.» a:.naiti�t.� n Date: Project Name: CENTERTOWN Location: 855 "C" Street at Third Street, San Rafael Developer: U.F. Service Corporation, or any successor in interest. Legal Description of the Project: DESCRIPTION: All that certain Real Property situated in the City of San Rafael, County of Marin, State of California, being a portion of Block 15 as said Block is laid down and delineated on Map of Town of San Rafael, filed in the office of the County Recorder of the County of Marin, State of California, October 14, 1873, described as follows: BEGINNING at the corner formed by the intersection of the South line of Third Street with the West line of "C" Street; running thence Southerly along the West line of "C" Street 192.0 feet; thence Westerly and parallel with Third Street 150 feet; thence Northerly and parallel with "C" Street 36.0 feet; thence Westerly and parallel with Third Street 52.4 feet; thence Northerly and parallel with "C" Street 152.88 feet to the Southerly line of Third Street; thence Easterly along the Southerly line of Third Street 204.31 feet to the Point of Beginning. CENTERTOWN/U.F. Service Corporation Page —4— City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723) Project Name: Location: Developer: .uAnI1311 D CENTERTOWN Date: 855 "C" Street at Third Street, San Rafael U.F. Service Corporation, or any successor in interest. Total Number of Units in Development: 63 Number of BMR Units: 5 SCHEDULE OF BMR UNITS AND SALES PRICES* Phase No. of Units Type Plan or Unit No. 1 2 Studio Units No. 5 and No. 11 1 3 1 BR Units No. 4, No. 7, and No. 10 Sales Price** $40,500 $45,000 * Following are the family sizes and incomes used to establish the sales price for each unit: Type of Unit Family Size 90% of Median Income 100% of Median Income Studio 1 $21,420 1 BR 1 ------- $23,800 The sales prices have been established based on the above incomes, current industry mortgage rates and income -to -housing -expense ratios as follows: Mortgage Rate/Term: 14.5%**./ 30 -year fixed Loan -to -Value Ratio: 90% Percentage of Gross Monthly Income for Mortgage Payment (Principal and Interest): 25% ** Recalculation of the above sales prices shall be permitted if it is determined that the above -stated mortgage rate is different from the then current market interest rate at a time one hundred twenty (120) days prior to the issuance of a Certificate of Occupancy. At that time the sales price shall be recalculated by the Authority using the above -stated family sizes and incomes, loan -to -value ratio and debt -to -income ratio and the most affordable prevailing then current mortgage rate for a 30 -year fixed-rate mortgage as determined by the Authority. An adjustment to the sales price shall be allowed more than one time only if mutually agreed by all the parties to this Agreement. 11Service Corporation ration Page -5- City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723) Date: Project Name: CENTERTOWN Location: 855 "C" Street at Third Street, San Rafael Developer: U.F. Service Corporation, or any successor in interest In certifying eligibility of applicants for the subject project, the Authority shall employ the following criteria: Qualifications for Lottery NOTE: This project is a 100% elderly project (exclusively for residents 60 years of age or over). Although a person who is less than 60 years of age may reside in the development with a primary resident ° who is over 60 years of age, a minimum age limit of 45 shall be maintained. 1. All applicants must be 60 years of age or over. 2. No applicant may own another home at the time of close of escrow. 3. An applicant's assets may not exceed 100% of the purchase price of the unit after purchase of the unit, excluding the value of the unit purchased. Priority for Lottery Selection 1. First.priority shall be given to current full-time residents of the City of San Rafael. CENTERTOWN/U.F. Service Corporation Page -6- City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723) tXHIBIT "C" Date: Project Name: CENTERTOWN Location: 855 "C" Street at Third Street, San Rafael Developer: U.F. Service Corporation, or any successor in interest In certifying eligibility of applicants for the subject project, the Authority shall employ the following criteria: Qualifications for Lottery NOTE: This project is a 100% elderly project (exclusively for residents 60 years of age or over). Although a person who is less than 60 years of age may reside in the development with a primary resident who is over 60 years of age, a minimum age limit of 55 shall be maintained. 1. All applicants must be 60 years of age or over. 2. No applicant may own another home at the time of close of escrow. 3. An applicant's assets may not exceed 100% of the purchase price of the unit after purchase of the unit, excluding the value of the unit purchased. Priority for Lottery Selection 1. First priority shall be given to current full-time residents of the City of San Rafael. CENTERTOWN/U.F. Service Corporation Page -6- City of San Rafael/Housing Authority of the County of Marin (Doc 0036E/840723)