Loading...
HomeMy WebLinkAboutCC Resolution 6761 (Captains Cove Condominium)RESOLUTION NO. 6761 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT REGARDING BELOW MARKET RATE UNITS WITHIN THE CAPTAINS COVE CONDOMINIUM PROJECT 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 Debra Homes regarding the provision of below market rate residential units within the Captains Cove project, Smith Ranch Road at Yosemite a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City 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 City Council of said City held on Monday the nineteenth day of March , 19 84 by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:None JE E . LEONC NI, City Clerk 'Al6k 4 p 15 6 'i:Wl tutu A I HLOUE51 OF AGENCY SHOWN A G R E E M E N T 1984 APR - 4 PM 3: 10 tr t C. I.., MARIN CCLI�iY CALIFORNIA THIS AGREEMENT is made and entered into this day of 4,` ,W_r.B�IJ�E S[IAFEI, 19 `,'l between the CITY OF SAN RAFAEL, a municipal corporation (hereinafter called "City"), and DEBRA INVESTMENT CORPORATION, a California corporation, (hereinafter called "Developer"), and is based upon the following facts: A. Pursuant to Condition "J" of ED 83-15 CITY OF SAN RAFAEL. No F�n OC6103 B. Developer intends to construct a residential housing development, known as CAPTAIN'S COVE, on that certain real property situated within the corporate limits of City, which real property is more particularly described in Exhibit "A" attached hereto and incor- porated herein. C. The Planning Commission, on April 25, 1983 approved Developer's proposed development with condition, which condition stated: 1. The Developer sell all units at $85,000.00, or less, (as modified by the Lee Saylor Index) from date of Planning Commission approval; or, 2. The Developer provide 16 dwelling units for sale through the Marin County Housing Authority at a price affordable to a moderate income (110% of median) family of 3. NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as foll ows : A. Developer agrees that the sales price of any unit within the complex will not exceed $85,000.00 (adjusted by use of the Lee Saylor Index from April 26, 1983). B. Should the sales price of any unit exceed the limit established in "A" above, the Developer agrees that, prior to the issuance of any further permits or approvals, Developer will enter into an agreement with the Marin County Housing Authority to provide 16 units consistent with C.Z. above. Eligibility criteria shall be weighted to benefit acquisition of units by City of San Rafael emergency employees. C.• In order to provide the City with information supporting Devel- oper's compliance with provision "A" above, Developer will instruct Cal -Land Title of Marin to provide the City Planning Director with sale price of unit after each closing of escrow. D. Attorney's Fees: In the event either party to this Agreement shall bring action or proceedings for damages for an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover, as a part of such action or proceedings, reasonable attorney's fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. STATE OF CALIFORNIA COUNTY OF SONOMA On this )1-l_ 1 day of _ ,\ •._ , , , �_,,,•.. , 19 before methe undersigned Notary Public, personally appeared ) It �', --- personally known to me CJ prove to me on the basis o satisfactory evidence to be the person who executed the within instrument as of the corporation and also known to me to be the person(s) who executed the within instrument on behalf of the corporation therein named'and acknowledged to me CiQCQaCWgexecuted the game _ _ _ - jF - - ��,� [t rlrl CLAS �` lr,. LINDA TOWER WITNESS my hand and official seal. o1Y'i-L NOTARY PUOLIC • CALIFORNIA 3. ,.I. v''' " y rRulcn•nL ornrr w - � COUNTY OF SONOMA �1 IVIy Commission Expires Aug. 22, 1986