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HomeMy WebLinkAboutCD Marin Housing BMR - 815 B StreetRECORDING REQUESTED By and WHEN RECORDED MAIL TO: City of San Rafael Attn: City Clerk 1400 Fifth Avenue San Rafael Ca 94901 No fee for recording pursuant to Government Code Section 27383 111111 IIIN IIIII IIIII IIII ININ 111N 11111 IIIII IIIII IIII! IIIN X111111 2021-0055327 Recorded Official Records County of Marin SHELLY SCO -FT Assessor -Recorder County Clerk 01;50PM 02 -Sep -2021 R.EC FEE 0-00 a Page Y of 25 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (Below Market Rate Rental Unit Agreement with No Condominium Map) Development Name: Location: 815 B STREET, SAN RAFAEL, CA 94901 (Formerly 809 B Street and 1212 and 1214 Second Street) APNS: 011-256-12, 011-256-14, 011-256-15, 011-256-32 (see Exhibit A) Property Owner: 1200 Second Street Investors, LLC This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made and entered into this 12th day of April, 2021 , among the CITY OF SAN RAFAEL, a municipal corporation ("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 ("Marin Housing Authority"); and 1200 Second Street Investors, LLC, or any successor in interest ("Developer"), collectively the "Parties,". RECITALS The Developer is the owner of that certain real property situated within the corporate limits of the City, which real property is more particularly described in Exhibit "A" attached hereto (the "Property"). The City has adopted Affordable Housing Requirements in accordance with the provisions of the Housing Element of its General Plan and Zoning Ordinance Section 14.16.030 of the San Rafael Municipal Code (the "Affordable Housing Requirements"). The Developer has received a discretionary approval from the City (Planning Commission Resolution No. 16-09) to construct a total of forty-one (4 1) residential units on the Property (the "Development"). The Developer intends to meet the Affordable Housing Requirements by constructing six apartments, four'(4) two bedroom units and two (2) one bedroom units, to be rented at prices that are affordable to low or very low income households (the "Affordable Units"). Four of the Affordable Units will have rents affordable to very low income households and two of the Affordable units will have rents affordable to low income households, as set forth in this Agreement. The remaining units in the Development are "Market Rate Units." The ORIGINAL Developer has paid the Marin Housing Authority a fee of $1,000.00 to prepare this Agreement. Under Government Code Section 65915 ("Density Bonus Law"), as part of the Development, Developer applied for, and City granted, the following regulatory incentives in exchange for the Developer's provision of the Affordable Units: (1) eleven additional market units as a density bonus; and (2) reduced parking requirements as allowed by Density Bonus Law. In consideration of certain valuable land use and economic benefits conferred by the City upon the Property, Developer, for itself, its successors, heirs, grantees and assigns, hereby agrees to comply with the requirements of City of San Rafael development approvals as applied to the Property. Pursuant to California Government Code Section 65915(c) (1), and as a condition of project approval, the Developer agrees to the continued affordability of the Affordable Units for the Affordability Term. To ensure their continued affordability for the Affordability Term, this Agreement shall be executed and recorded against the Property prior to issuance of any building permits for the Development. Developer acknowledges and agrees that the Project Approvals provided adequate and proper notice pursuant to Government Code Section 66020 of Developer's right to protest any requirements for fees, dedications, reservations, and other exactions as may be included in this Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days of the date that notice was given, and that the period has expired in which Developer may protest any and all fees, dedications, reservations, and other exactions as may be included in this Agreement. Marin Housing Authority is authorized by law to participate in programs that provide housing for households of very low, low, and moderate income. The City has contracted with Marin Housing Authority to administer the City's affordable housing program. NOW THEREFORE, it is hereby agreed by and between the Parties hereto as follows: AGREEMENT The Parties agree and acknowledge that the above recitals are true and accurate, and are incorporated into this Agreement by this reference. 1. Definitions and Exhibits 1.1 Definitions. In addition to those terms defined in the Recitals and in other sections of this Agreement, the following terms are specially defined for the purposes of this Agreement: A. "Affordable Rent" means total monthly housing expenses as calculated by the Marin Housing Authority for use and occupancy of an Affordable Unit and for land and associated facilities, including parking; any separately charged fees or service charges assessed which are required of all tenants, other than security deposits; and including any charges assessed by a public or private entity and paid by the tenant; and a reasonable allowance for utilities (pursuant to a schedule provided by the Marin Housing Authority), including garbage collection, sewer, water, electricity, gas, other heating, cooking and refrigeration fuel, but not telephone or cable television service, that: (i) for Very Low Income Households, is Page 12 equal to or less than one -twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Area Median Income, as adjusted for Assumed Household Size and (ii) for Low Income Households, is equal to or less than one -twelfth (1/12) of thirty percent (30%) of sixty percent (60%) of Area Median Income, as adjusted for Assumed Household Size and (iii) for Median Income Households, is equal to or less than one -twelfth (1/12) of thirty percent (30%) of one hundred percent (100%) of Area Median Income, as adjusted for Assumed Household Size. An example of the calculations and methodology to be used to determine the Affordable Rent is illustrated in Exhibit B attached hereto. Notwithstanding the above defmition, "Affordable Rent" cannot exceed that permitted by Penal Code Section 396(e) if a state of emergency has been declared by the President of the United States or Governor, or a local emergency has been declared by any body with authority to make that declaration. B. "Affordability Term" is the period that commences when the City, Marin Housing Authority, and the Developer record the Regulatory Certificate described in Section 5 and that terminates fifty-five (55) years after the date of the recordation of the Regulatory Certificate. C. "Area Median Income" means median yearly income in Marin County as published pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision. D. "Assumed Household Size" shall be based on presumed maximum occupancy level of one (1) person in a studio unit, two (2) persons in a one -bedroom unit, three (3) persons in a two-bedroom unit, and one additional person per additional bedroom. E. "Eligible Household" is a household which has been determined to be eligible to rent an Affordable Unit in compliance with this Agreement. F. "Fair Market Rent" the rent paid by the Marin Housing Authority under the Section 8 Housing Choice Voucher Program. G. "Household Income" is the combined, gross, pre-tax income of all occupants of the applicant household, including the income of any co -signors on the lease. H. "Low Income Affordable Unit" means an Affordable Unit reserved for occupancy by Low Income Households at an Affordable Rent. I. "Low Income Household" means a household whose Household Income does not exceed the lower income limits applicable to Marin County, adjusted for household size, as published annually by the California Department of Housing and Community Development; generally a household with a Household Income between fifty percent (50%) and eighty percent (80%) of Area Median Income, adjusted for actual household size. "Market Rate Units" are Units which are not Affordable Units. K. "Median Income Household" means a household whose Household Income does not exceed the Area Median Income applicable to Marin County, adjusted for household size, as published annually by the California Department of Housing and Community Development; generally a household with a Household Income between eighty percent (80%) and one hundred percent (100%) of Area Median Income, adjusted for actual household size. Page 13 L. "Rent" is the total of monthly payments as calculated by the Marin Housing Authority and paid by the Tenant of an Affordable Unit for all of the following: (1) use and occupancy of the Affordable Unit and land and all facilities associated with the Affordable Unit, including but not limited to parking, bicycle storage, storage lockers, and use of all common areas; (2) any separately charged fees or service charges assessed by the Developer which are required of all tenants of Units in the Project, except security deposits; (3) an allowance for utilities paid by the Tenant as established by the Marin Housing Authority, including garbage collection, sewer, water, electric, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and (4) any other interest, taxes, fees or charges for use of the land or associated facilities that are assessed by a public or private entity other than the Developer and paid by the Tenant. M. "Tenant" is a household occupying an Affordable Unit pursuant to a valid lease or rental agreement with the Developer. N. "Tenant Lease" is defined in Section 3.4. O. "Very Low -Income Household" means a household whose income does not exceed the very low income limits applicable to Marin County, adjusted for household size, as published annually by the California Department of Housing and Community Development. P. "Very Low -Income Affordable Unit" means an Affordable Unit reserved for rent by Very Low -Income Households at an Affordable Rent. 1.2 Exhibits. The following exhibits are attached to and incorporated into this Agreement: Exhibit A Legal Description of the Property. Exhibit B Sample Calculation of Affordable Rent. Exhibit C Household Income Certification. Exhibit D Certificate of Continuing Compliance. Exhibit E Notice of Commencement of Affordability Term Construction of Development and Affordable iinits 2.1 Satisfaction of Affordable Housing Requirement. The Affordable Housing Requirements shall be satisfied with respect to the Property if: (a) the Developer constructs or causes to be constructed the Affordable Units and the Market Rate Units and (b) Developer offers all dwelling units in the Development for rent and rents the Affordable Units to Eligible Households in compliance with Section 3 below. 2.2 Affordable Units. To satisfy Developer's affordable housing requirements for the Development under the project approval, at initial occupancy of the Development, Developer shall rent four two bedroom Affordable Units to Eligible Households and two one bedroom Affordable Units to Eligible Households at Affordable Rents, as specified in Section 3 below, for the Affordability Term. 2.3 Location of Affordable Units. The Affordable Units shall be any six of the 41 units constructed on the Property. The property manager has the discretion to change the location of the Affordable Units annually. The total number of Affordable Units, the bedroom count for each Affordable Unit and the Affordability level cannot be altered without prior written City approval. Page 14 2.4 Apnearance and Maintenance ofAffordable Units. The design, square footage, appearance, and general quality of the Affordable Units shall be compatible with those of the Market Rate Units and consistent with the designs provided for the Project Approvals. Developer shall allocate and assign parking spaces, bicycle storage, storage lockers, and other spaces reserved for use by individual Units to the Affordable Units on the same basis as for the Market Rate Units, and Tenants of the Affordable Units shall have equal access to the Development's common areas as is given to the residents of the Market Rate Units, but any fee charged for use of common areas or for spaces reserved for individual Units shall be included in the Tenant's Rent. 2.5 Vacancies. Once completed, the Affordable Units shall not be kept vacant or used for any purpose except for residential use and shall be rented concurrently with the Market Rate Units and offered for rent to Eligible Households at Affordable Rents. 2.6 Schedule for Developing Affordable Units. Developer shall construct the Affordable Units concurrently with the Market Rate Units. Prior to issuance of any building permit for the Development, this Agreement shall be duly executed by the City, Marin Housing Authority, and the Developer and recorded against the Property. A. Building permits for the Affordable Units shall be issued concurrently with building permits for the Market Rate Units. B. Certificates of occupancy or final inspections for the Affordable Units shall be issued concurrently with certificates of occupancy or final inspections for the Market Rate Units, such that, of the units that have been issued certificates of occupancy or final inspections, at least ten percent (10%) shall be Affordable Units. 3. Rent Regulatory Previsions The provisions of this Section 3 are applicable until the expiration of the Affordability Term. 3.1 Affordabili and Occupancy Covenants. A. Occupancy Requirements. Subject to the provisions of Section 3.2 below, the Affordable Units shall be rented to and occupied by or, if vacant, available for occupancy by, Very Low and Low Income Households. The Affordable Units shall not be kept vacant or used for any purpose except for residential use and, when vacant, shall be offered for rent to Eligible Households at Affordable Rent. 3.1 Allowable Rent. Subject to the provisions of Section 3.2 below, the maximum Rent charged to Tenants of the Affordable Units shall not exceed Affordable Rent. The Affordable Rent cannot exceed the Rents for a comparable market rate unit of the same bedroom count. The Affordable Rent shall be the absolute maximum price that the Developer, Successor or Assign may receive as compensation for the rental of an Affordable Unit, including all fees for housing services, parking, utilities and other services. The Developer, Successor or Assign may not charge or receive any additional compensation for an Affordable Unit, regardless of the availability of additional Federal, State or local housing subsidies. A. Approval of Rents. Initial Rent for the Affordable Units shall be approved by the Marin Housing Authority prior to occupancy. The Initial Rent for the Affordable Units shall be based on the Page 15 Area Median Income in effect at the time the Developer submits the marketing plan required by Section 4.2 below. Marin Housing Authority shall review all proposed Rent increases to determine whether the proposed increases are consistent with the provisions of this Agreement. Developer shall certify to Marin Housing Authority that Developer is not charging any fee other than Affordable Rent to Tenants of the Affordable Units for all of the components of Rent defined in Section 1.1 above. B. Schedule of Affordable Rents. Marin Housing Authority annually determines Affordable Rents (including utility allowances) based on changes in Area Median Income and utility allowances, and Developer shall obtain a copy of the Affordable Rent schedule from Marin Housing Authority. 3.2 Increased Income of Tenants. Increase from Very Low Income to at or below Low Income. If, upon annual recertification of a Tenant's Household Income, the Developer determines that a former Very Low Income Household's Income has increased and exceeds the qualifying income for a Very Low Income Household, but does not exceed the qualifying limit for a Low Income Household, then, upon expiration ofthe Tenant's lease and after sixty (60) days written notice to the Tenant, the Tenant's Rent may be increased to Affordable Rent for Low Income Households. Increase from Very Low Income or Low Income to at or below Median Income. If, upon annual recertification of a Tenant's Household Income, the Developer determines that a former Very Low Income or Low Income Household's Income has increased and exceeds the qualifying income for a Very Low Income or Low Income Household, but does not exceed the qualifying limit for a Median Income Household, then, upon expiration of the Tenant's lease and after sixty (60) days written notice to the Tenant, the Tenant's Rent may be increased to the Affordable Rent for Median Income Households but not to exceed Rent for a comparable Market Rate Unit. Increase from Very Low Income, Low Income, or Median income to Above Area Median Income. If, upon recertification of a Tenant's Household Income, the Developer determines that the Tenant's Household Income has increased and exceeds the qualifying income for a Median Income Household, then the Tenant shall be given written notice that: (i) Tenant's Rent shall be increased sixty (60) days after the date in the notice to an amount to be determined by Developer but not to exceed Rent for a comparable Market Rate Unit. The Developer shall be entitled to increase such Tenant's rent after the Developer has rented the next available unit or units on a one for one basis to an Eligible Household or holds units vacant and available by Qualified tenants. 3.3 A eementto Limitation on Rents. The Development has received Incentives from the City under the Density Bonus Law and the Density Bonus Ordinance, which are forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Sections 1954.52(b) and 1954.53(a)(2) of the Costa -Hawkins Act provide that, where a developer has received such assistance, certain provisions of the Costa -Hawkins Act do not apply if a developer has so agreed by contract. The Developer hereby agrees to limit Rents as provided in this Agreement in consideration of the Developer's receipt of the Incentives and further agrees that any limitations on Rents imposed on the Affordable Units are in conformance with the Costa -Hawkins Act. The Developer further warrants and covenants that the terms of this Agreement are fully enforceable. Page 16 3.4 Lease Provisions. The Developer shall use a form of Tenant lease (the "Tenant Lease") approved by the City for the Affordable Units. The City shall not withhold approval from any form that: A. provides that the Tenant's Household Income is subject to annual certification; B. provides for termination of the lease for failure: (1) to provide any information required under this Agreement or reasonably requested by the Developer to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, as an Eligible Household in accordance with this Agreement, or (2) to qualify as an Eligible Household as a result of any material misrepresentation made by such Tenant with respect to the Household Income computation or certification; C. prohibits subleasing of the Affordable Unit or any portion of the Affordable Unit or any spaces reserved for the use of the Tenant, contain nondiscrimination provisions, and includes the Tenant's obligation to inform the Developer of any need for maintenance or repair; D. includes reasonable rules of conduct consistent with California law; and E. allows termination of the tenancy for an increase in Tenant's Household Income above qualifying income for Median Income Households. 4. Marketing, Income Certification, Rej!orting, and Annual Fee. 4.1 Required City Approvals. At least ninety (90) days before any Units in the Development receive a final inspection or certificate of occupancy, the Developer shall notify City and the Marin Housing Authority of the availability of the Affordable Units and provide to the City and Marin Housing with the proposed form of Tenant Lease to confirm conformance with the provisions of Section 3.4 above; and proposed Affordable Rent for the Affordable Units, all for City and Marin Housing Authority review and approval. The Affordable Units shall be marketed concurrently with the marketing of the Market -Rate Units. 4.2 Marketing. A. Prohibition on Discrimination in Tenant Selection {Section 8 Vouchers and Certificate Holders}. The Developer will review applications from prospective tenants of the Affordable Units, on the same basis as all other prospective tenants, of persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act or any successor. The Developer shall not apply selection criteria to Section 8 certificate or voucher holders that are more burdensome than criteria applied to all other prospective tenants for the Affordable Units, nor shall the Developer apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of Affordable Units by such prospective tenants. The Fair Market Rent paid the Marin Housing Authority for Affordable Units occupied by tenants participating the Section 8 Voucher Choice Program shall not exceed the Affordable Rent. B. Marketing Materials. The marketing materials shall include information regarding the amount of any application screening fee to be imposed by Developer, and information on the conditions and restrictions applicable to occupancy of the Affordable Units, current Affordable Rent, maximum qualifying Household Income for an Eligible Household, requirement for annual Household Income recertification, Page 17 preferences, and requirement to vacate the Affordable Unit if the Tenant's Household Income exceeds the maximum qualifying income. 4.3 Income Certification. Upon initial occupancy and annually thereafter, the Developer will obtain, complete and maintain on file Household Income certifications Exhibit C , or a similar form as may be approved by the City, for each Tenant renting an Affordable Unit. Developer shall make a good faith effort to verify that the Household Income certification provided by a Tenant is accurate by taking two or more of the following steps as a part ofthe verification process for all members of the Tenant household age eighteen (18) or older: (a) obtaining a minimum of the three (3) most current pay stubs; (b) obtaining an income tax return for the most recent tax year including copies of any income tax returns where the Tenant is claimed as a dependent; (c) conducting a credit agency or similar search; (d) obtaining the three (3) most current savings and checking account bank statements; (e) obtaining an income verification form from a current employer; (f) obtaining an income verification form from the Social Security Administration and/or the California Department of Social Services if an adult member of the Tenant's household receives assistance from either of such agencies; or (g) if the Tenant is unemployed and has no such tax return, obtain another form of independent verification. The Developer shall collect copies of annual household income certifications, maintain that form on file for a minimum of five years and permit the City or their designee to inspect the income certification records at the Developer's office upon three days' notice. The Developer shall provide any additional information reasonably requested by the City or its designee. 4.4 Annual Report. The Developer shall submit to the City and Marin Housing Authority by June 30 of each year a report, in a form prescribed by or otherwise acceptable to the City, verifying compliance by Developer with the terms of this Agreement and certified as correct by the Developer under penalty of perjury. Exhibit D Certification of Continuing Compliance, or a similar form as may be approved by the City, may be used to meet this requirement. The annual report shall include without limitation the following information: A. Certifications of eligibility for all Tenants ofthe Affordable Unit at the time of initial occupancy and upon the yearly anniversary of their continuing tenancies. B. Verified Household Income statements. Developer shall retain in the Tenant's file all verifications of Tenant's Household Income. C. Number of persons in each Affordable Unit. D. Certification of the amount of Rent charged for the year for the Affordable Unit. E. Certification that Developer is not charging any fee other than Affordable Rent to Tenants ofthe Affordable Unit for all of the components ofRent defined in Section 1.1 above. F. Other information reasonably required by the City. 4.5 Other Re vrts. Within fifteen (15) days after receipt of a written request, Developer shall provide any other information or completed forms requested by the City or Marin Housing Authority to ensure compliance with this Agreement. Page 18 4.6 Records. The Developer shall maintain complete, accurate, and current records pertaining to the Units for five (5) years after creating such records, and shall permit any duly authorized representative of the City or Marin Housing Authority to inspect and copy such records, including the records pertaining to Household Income and household size of Tenant households. 4.7 Initial Set up Fee. The Developer agrees to pay to the City an initial set up fee in the amount of One Thousand Dollars ($1,000) to review the documents listed in this Section 4. The Developer has paid this initial set up fee. If City expenses to review the documents are in excess of One Thousand Dollars ($1,000), the Developer upon written demand shall pay such actual excess costs. 4.8 Annual Monitoring fee. In addition to the initial set-up fee described in Section 4.7 above, the Developer agrees to pay to the City during the Affordability Term an annual monitoring fee payable on or before June 3 0 of each year as established by the City. The initial annual monitoring fee is shown on Exhibit D. 5. Commencement of Affordability Term. The Affordability Term shall commence on the date that the Developer has certified that the Affordable Units are rented and occupied by an Eligible Household and that the City and/or Marin Housing records a Notice similar to Exhibit E that identifies the beginning and end dates of the Affordability Term. 6. Management of Property and Property Maintenance. 6.1 Management Responsibilities. The Developer is responsible for all management functions with respect to the Development, including, without limitation, the annual recertification of household size and Household Income (subject to review by the City or its assignee), selection of Tenants, maintenance of a waiting list for the Affordable Units, evictions, collection of Rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The City and Marin Housing Authority shall have no responsibility over management of the Development. 6.2 Property Maintenance. The City places prime importance on quality maintenance to ensure that all developments within the City which include Affordable Units are not allowed to deteriorate due to below-average maintenance. Developer shall provide the Affordable Units with the same level and quality of maintenance, including performance of repairs and periodic replacement of fixtures, as the MarketRate Units. The Developer agrees to maintain all interior and exterior improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. 6.3 Remedies. In the event that the Developer breaches any of the covenants contained in this Section 6 and fails to cure such breach within ten (10) days after written notice from the City specifying the nature of the breach with respect to graffiti, debris, waste material, or a health or safety violation, or thirty (30) days after written notice from the City specifying the nature of the breach with respect to general maintenance, landscaping and building improvements, such breach shall be deemed a public nuisance and the City, in addition to whatever other remedy it may have at law or in equity, shall have all rights and remedies for abatement of such nuisance available pursuant to the San Rafael Municipal Code. Page 19 6.4 Taxes and Assessments. Developer shall pay all real and personal property taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that Developer shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event Developer exercises its right to contest any tax, assessment, or charge against it, Developer, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. 6.5 Damage or Destruction of Development. If all of the Units on the Property are demolished, the Incentives granted to Developer shall terminate and the Affordability Terms of this Agreement shall terminate and be of no further force and effect. 7. Enforcement 7.1 Covenants Running with the Land. The City, Marin Housing Authority, and Developer hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall apply to and bind Developer and its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any right, title or interest in or to any part of the Property and shall run with and burden such portions of the Property until terminated in accordance with Section 7.2. Until all or portions of the Property are expressly released from the burdens of this Agreement, each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered, and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument. In the event of foreclosure or transfer by deed -in -lieu of all or any portion of the Property prior to completion and sale of the Affordable Units, title to all or any portion of the Property shall be taken subject to this Agreement. Developer acknowledges that compliance with this Agreement is a requirement the Project Approvals, and that no event of foreclosure or trustee's sale may remove these requirements from the Property. 7.2 Release of Pro a from A ement. A. Prior to the expiration of the Affordability Term, Developer shall provide all notifications required by Government Code Sections 65 863. 10 and 65863.11 or successor provisions and any other notification required by any state, federal, or local law. B. Upon the expiration of the Term, City and Marin Housing Authority shall execute and record a release ofthe Development, the Property, and each Unit in the Development from the burdens of this Agreement within thirty (30) days following written notice from the Developer, if at the time the Developer is in compliance with all terms of this Agreement. 7.3 Default. Failure of the Developer to satisfy any of Developer's obligations under the terms of this Agreement within thirty (30) days after the delivery of a notice of default from the City will constitute a default under this Agreement and a failure to satisfy the Project Approvals. In addition to remedies for breach of this Agreement, the City or Marin Housing Authority, if authorized by the City, may exercise any and all remedies available to it, including but not limited to: Page 110 A. withholding, conditioning, suspending or revoking any permit, license, subdivision approval or map, or other entitlement for the Development, including without limitation final inspections for occupancy and/or certificates of occupancy; B. instituting against the Developer, or other parties, a civil action for declaratory relief, injunction or any other equitable relief, or relief at law, including without limitation an action to rescind a transaction and/or to require repayment of any funds received in connection with such a violation; C. where Developer or any of its officers, directors, employees or shareholders have received financial benefit as a result of violation of this Agreement, instituting legal action to recover as necessary, a penalty in any amount up to and including the amount of financial benefit received, in addition to recovery of the benefit received. D. requiring the Developer or his/her successors in interest to the Property to pay the City Rent or any other payment received by the Developer for the Affordable Unit from the date of any unauthorized use of the Affordable Unit or in excess of Affordable Rent; and E. Any other means authorized under the City of San Rafael Municipal Code, Density Bonus Law, or any other federal or state statute. F. Notwithstanding the above, City agrees to accept a cure hereunder by any lender to developer, provided however, such lender shall have an additional 30 days to cure any default hereunder that does not result in a threat to the public health and safety. Such cure rights for lender hereunder shall not create an obligation for lender to cure. 7.4 Remedies Cumulative. No right, power, or remedy given to the City or Marin Housing Authority by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of this Agreement, or by any statute or ordinance or otherwise against Developer and any other person. Neither the failure nor any delay on the part of the City or Marin Housing Authority to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City or Marin Housing Authority of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. 7.5 Attorney's Fees and Costs. If either party initiates an action to enforce its rights under the Agreement, and elects at the initiation of the action to seek the recovery of attorneys' fees, the prevailing party in such an action shall be entitled to an award of reasonable attorneys' fees and costs in addition to any other recovery under this Agreement. 8. General Provisions 8.1 Appointment of Other Agencies. At its sole discretion, the City may designate, appoint or contract with any other public agency, for-profit or non-profit organization to perform some or all of the City's obligations under this Agreement. 8.2 Records. Developer shall retain all records related to compliance with obligations under this Agreement for a period not less than five (5) years from the date of origination of such records, and make Page 111 them available to City or Marin Housing Authority employees or others designated by the City for inspection and copying on five (5) business days' written notice. The City and Marin Housing Authority shall be entitled to monitor compliance with this Agreement, and Developer shall cooperate with City monitoring, including obtaining Tenant Rent and Household Income verification upon request of the City. 8.3 Nondiscrimination. The Affordable Units shall be available for occupancy to members ofthe general public. The Developer shall not give preference to any particular class or group of persons in renting the Affordable Units, except to the extent that the Affordable Units are required to be rented to Eligible Households and as required by this Agreement, including, without limitation, as set forth in Section 3 above; provided, however, there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g., SSI), age (except for lawful senior housing), ancestry, or disability, in the leasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall the Developer or any person claiming under or through the Developer, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Tenants of any Unit or in connection with the employment of persons for the construction, operation and management of the Development. 8.4 Hold Harmless. Developer will indemnify and hold harmless (without limit as to amount) City and Marin Housing Authority and their elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to the Development, the Affordable Units, or Developer's performance or non-performance under this Agreement, including claims pursuant to California Labor Code Section 1720 et seq., and shall protect and defend Indemnitees, and any of them with respect thereto, except to the extent arising from the active negligency, sole negligence or willful misconduct of the Indemnitees. The provisions of this Section shall survive expiration or other termination ofthis Agreement or any release of part or all of the Property from the burdens of this Agreement, and the provisions of this Section shall remain in full force and effect. 8.5 Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the Party to receive such notice at the addressed set forth below: To the City: To the Developer: To Marin Housing Authority: Page 112 City of San Rafael Planning Department 1400 Fifth Avenue San Rafael, CA 94901 1200 Second Street Investors, LLC 1101 Fifth Avenue #300 San Rafael, Ca 94901 Marin Housing Authority Executive Director 4020 Civic Center Drive San Rafael, CA 94903-4173 Any party may change the address to which notices are to be sent by notifying the other parties ofthe new address, in the manner set forth above. 8.6 lnte agr ted_ Agreement. This Agreement constitutes the entire Agreement between the Parties and no modification hereof shall be binding unless reduced to writing and signed by the Parties hereto. The Parties agree that this Agreement reflects the intent of all conditions of approval related to the Affordable Units for the Development. 8.7 Each P 's Role in Drafting the A eement. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning ofthe Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement. 8.8 Amendment of Agreement A rovals and Consents. A. Amendments to this Agreement, including any proposal to change any condition of the Project Approvals, shall be subject to the review and approval of the decision-making body which approved the Development. No amendment may be approved that is inconsistent with State law, the San Rafael Municipal Code, or any adopted affordable housing guidelines. Upon approval, a new Agreement or amendments to this Agreement, as appropriate, shall be executed and recorded. B. The City has authorized the City Manager to execute this Agreement and has authorized the City Manager to deliver such approvals or consents as are required by this Agreement. Marin Housing Authority has authorized the Executive Director to execute this Agreement and has authorized Executive Director to deliver such approvals or consents as are required by this Agreement. Any consents or approvals required under this Agreement shall not be unreasonably withheld or made, unless it is specifically provided that a sole discretion standard applies. C. This Agreement, and any section, subsection, or covenant contained herein, may be amended only upon the written consent of the City, Marin Housing Authority, and the Developer. 8.9 No Claims. Nothing contained in this Agreement shall create or justify any claim against the City or Marin Housing Authority by any person that Developer may have employed or with whom Developer may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the Property or the construction of the Development or construction of the Affordable Units. 8.10 Applicable Law and Venae. This Agreement shall be governed by California law. Venue for any dispute arising out of this Agreement shall be Marin County. 8.11 Waivers. Any waiver by the City or Marin Housing Authority of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City or Marin Housing Authority to take action on any breach or default of Developer or to pursue any remedy allowed under this Agreement or applicable law. Any extension oftime granted to Developer to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City or Marin Housing Authority to any act or omission by Developer shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for Marin Housing Authority's or the City's written consent to future waivers. Page 113 8.12 Title of Parts and Sections. Any titles of the sections, subsections, or subparagraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions. 8.13 Multiple Originals, Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 8.14 Recording of Agreement. This Agreement shall be recorded against the Property in the Official Records of the County of Marin prior to the recordation of any parcel map or final subdivision map or issuance of any building permit for the Development, whichever occurs first. 8.15 Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. 9. Exhibits. The following exhibits are attached to this Agreement: Exhibit A Legal Description of the Property Exhibit B Sample Calculation of Affordable Rent Exhibit C Household Income Certification Exhibit D Certificate of Continuing Compliance Exhibit E Notice of Commencement of Affordability Term Page 114 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached_ and not the truthfulness, accuracy. or validity of that document. STATE OF CALIFORNIA COUNTY OF MARIN �n ?02 W-m$1 before me a Notary Public. person ly appeared �:ho proved to me on the basis of satisfactory evidence to be the person ,} tiihose subscribed to the within instrument and acknowledged to me t �! �e. 11 executed the same in�is! xe tl it authorized capacity(i ,j_ and that by 'her I r s gnMUre(�j oil the inst- meta he person�,d�; car the entity upon behalf of which the person( acted. executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foreuoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1_zm/��f eaEMA K�THLre rt t Notary P bf1C • (Uftrnii 4 grin County Commission 12217W My Comm. Expires Jut 1S, 2013 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. DEVELOPER: By: For: G2, By: For: 0.000 STGGOM1IN QVC �.1. MARIN HOUSING AUTHORITY: Housing Authority of the County of Marin, a public body, corporate and politic, created under the Housing uthori Law of the State of California By - Lewis A. xecutive Director Page 115 CITY: City of San Rafael, a municipal corporation rte. By: Jim t2; City Manager b% eMs ne tl� 1 i / 0v i C& APPROVED AS TO FORM: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF MARIN On L-4 1 �� before me, f f'� IPnwl���Le �3�ta� 3 Notary Public, personally appeared Lk w; S j . ,i 6W- a 0 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ATHENA MARIE RAItO N ,.� Notary Public - C,�lifornia Z0 - Marin County Commisslon fl2202306 My Comm. EXPlres Jun 23, 2021 «mss• Page 116 Name: P*hr.-, d7A CtZ >l3 Cf,N v"1 r Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF MARIN On t i 'or ?zz 1 , before mel O�L&01C S.r-L1-Vy7,yi , Notary Public, personally appeared __ Ajj ECL _ _ , who proved to me on the basis of satisfactory evidence to be the person(4) whose name(K) is/e&e subscribed to the within instrument and acknowledged to me that hefshe4hey executed the same in hisAwWOmir authorized capacity{tegj, and that by his/ -her signature(jrl on the instrument the person(g), or the entity upon behalf of which the person(4 acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Name: j Ws.reiv&in Notary Public CATHERINE S. FERRARI M Notary Public — California z Marin County Commission # 2219673 My Comm. Expires Nov 22, 2021 Page 117 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF MARIN On t� P' u!. ?Z2-4before me, G�4fi1,>� �'� � , Notary Public, personally appeared 171WVTU [)i z tlaiq , who proved to me on the basis of satisfactory evidence to be the person() whose name() is/afe subscribed to the within instrument and acknowledged to me that he/,slia/thep executed the same in his"�� '' � authorized capacity{ -4e&), and that by his/lkeir signature(A) on the instrument the person(,), or the entity upon behalf of which the person) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Nan CATHERINE S. FERRARI Notary Public— California Marin County '• Commission # 2219673 My Comm. Expires Nov 22, 2021 Page 118 Exhibit A - LEGAL DESCRIPTION I The land referred to herein is situated in the State of California, County of Marin, City of San Rafael and described as follows: PARCEL ONE: A portion of Block 18, as shown upon that certain Map entitled, "Plat of Townsite of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps, Pull 4, Niarin County Records. Beginning at the Northwest corner of Second Street and "B" Street, 80 shown upon the map above referred to; thence running Northerly along the Westerly line of "B" Street, as shown on said Plat, 60 feet; thence Westerly parallel with Second Street 82 feet; thence Southerly parallel with B Street, 60 feet to the Northerly line of Second Street and thence Easterly along the Northerly line of Second Street, 82 feet to the point of beginning. PARCEL TWO: The "Lands of Garden Court Associates 81-51023 O.R.", as shown upon that certain Parcel Map, filed for record March 12, 1982 in Book 20 of Parcel Maps, at Page 20, Marin' County Records. Being a portion of Block 18, as shown on the Official Map of the Townsite of San Rafael. PARCEL TWO -A: A right of way for access and egress to and from the lot above described as follows: Beginning at a point on the Easterly line of'C' Street, 140 feet from the Northerly line of "Second" Street; thence Easterly and parallel to "Second" Street, 170 feet; thence Northerly and parallel to 'C' Street, 12 feet; thence Westerly and parallel to "Second" Street, 170 feet; thence Southerly and parallel to 'C' Street, 12 feet to the point of beginning. PARCEL THREE: Beginning at a point on the Northerly line of Second Street, distant tht;reon Easterly 110 feet from the Intersection of the Easterly line of "C" Street, as shown upon that certain Map entitled, "Plat of the Townsite of the Town of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records; thence running Easterly along the Northerly line of Second Street, 30 feet; thence Northerly at right angles to said Northerly line of Second Street, 90 feet; thence at right angles Westerly 30 feet; thence at a right angle Southerly 90 feet to the point of beginning. PARCEL FOUR: Beginning at a point on the Northerly line of Second Street distant thereon Westerly 129.9 feet from the Intersection of the Northerly line of Second Street with the Westerly line of "B" Street, as shown upon that certain Map entitled "Plan of the Townsite of the Town of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records; thence running Westerly along the Northerly line of Second Street 60.1 feet; thence Northerly at right angle to said Northerly Ilne of Second Street 90 feet; thence at right angles Easterly 60.1 feet, more or less, thence at right angles Southerly 90 feet, more or less, to the point of beginning. Excepting therefrom that portion described in the Deed from Arthur IJI. Meyer, et al to Joseph D. Magglolo, recorded February 3, 1951 in Book 671 of Official Records at Page 404, Marin County Records, being more particularly described as follows: Beginning at a point on the Northerly line of Second Street, distant thereon Easterly 110 feet from the Intersection of the Easterly line of "T Street, as shown upon that certain Map entitled, 'Plat of the Townsite of the Town of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records; thence running Easterly along the Northerly line of §econd Street, 30 feet; thence Northerly at right angles to said Northerly line of Second Street, 90 feet; thence at right angles Westerly 30 feet; thence at a right angle Southerly 90 feet to the point of beginning. (End of Legal Description) APN: 011-256-12, 14, 15 & 32 EXHIBIT B MAXIMUM RENT SCHEDULE - VERY LOW INCOME Very Low Income rent @ 50.00% of median Monthly rent, including utilities, may not exceed 1/12 of 30% of 50.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Si7a I Inif si7a Inrnma Inr_nma of inr_nma I lfilitiac RFNT / Mr) 1 studio 1200 Second Street -815 B Street 4,363 1,309 RENTAL AFFORDABILITY FOR 2021 $1,255 2 1Br Requirement is four 2 BRM units and two 1 BRM units 4,988 1,496 Four units at very low and two units at low $1,431 3 2Br 2020 INCOME SCHEDULE (published by HUD April 1, 2020) 1,684 Median Very Low Low 4 3Br Income Income Income HH Size 100% 50% 60.00% 1 104,700 52,350 62.800 2 119,700 59,850 71.800 3 134,650 67,350 80.800 4 149,600 74,800 89,750 5 161,550 80,800 96,950 MAXIMUM RENT SCHEDULE - VERY LOW INCOME Very Low Income rent @ 50.00% of median Monthly rent, including utilities, may not exceed 1/12 of 30% of 50.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Si7a I Inif si7a Inrnma Inr_nma of inr_nma I lfilitiac RFNT / Mr) 1 studio 52,350 4,363 1,309 54 $1,255 2 1Br 59,850 4,988 1,496 65 $1,431 3 2Br 67,350 5,613 1,684 86 $1,598 4 3Br 74,800 6.233 1,870 110 $15760 MAXIMUM RENT SCHEDULE - LOW INCOME Low Income rent @ 60.00% of median Monthly rent, including utilities, may not exceed 1/12 of 30% of 60.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Size Unit size Income Income of income Utilities RENT / MO 1 studio 62.800 5.233 1.570 54 $1,516 2 16r 71,800 5,983 1,795 65 $1,730 3 2Br 80,800 6,733 2,02086 $1,934 4 3Br 89,750 7,479 2,244 110 $2,134 Income schedule shown above is based on the 2021 Area Median Income for Marin County published by HUD (4/1/2021). Utilities- Section 8 allowances for electric cooking, gas water heating & heating, water & refuse. Published on 10/2019. EXHIBIT C HOUSEHOLD INCOME CERTIFICATION SAN RAFAEL BELOW MARKET RATE RENTAL MONITORING PROGRAM Project Name: 815 B Street APARTMENT NUMBER # MONTHLY RENT $ OCCUPANT/HOUSEHOLD NAME: Date: NUMBER OF BEDROOMS TOTAL GROSS ANNUAL INCOME OF ELIGIBLE HOUSEHOLD: Total household income is the combined, gross, pre-tax income of all occupants of the household including any co -signors on the lease. Income includes all wages, salaries, governmental assistance, as reported as gross income for federal income tax; or verified by pay stubs, bank account records, governmental assistance records or other relevant documentation. Attached hereto are the tax returns, pay stubs or other evidence of the income of the persons listed below: Name of household member Relationship to Age Place of Employment/Source head of of income household I/We understand and have read and answered fully, frankly and personally each of the above questions under penalty of perjury and do hereby swear they are true. I/We further understand that failure to provide this form will result in termination of the Below Market rent. Occupant -Head of Household Date: PROPERTY OWNER TO MAINTAIN THIS DOCUMENT FOR FIVE YEARS FOR INSPECTION PURSUANT TO AGREEMENT WITH THE CITY 0 m>0 > § 2�� \N�\ CD RmE �\ Z E 0 \ 7 CD ' \ \ \ § � / / \ / / � § / m 0 CL s §EF / coCL � c ] \ 0 k � 2 0 \ 0 / M \ \ 0 O -n -o k q E / / CD _ @ @ \ E : 0 F |7�CLEƒCD �nm=� ; m D 0 2 a 0 CL CL zS [c L « § R .ƒCD CDCD�/L �E7 �k0 CD \ \ / / .222 ;gee _CD 7(D e� .� 0 \k C� 2 E .0 » CD 0 CD\ CL rr E /ƒ/Eio 0 :3 a Q c 0 ;0 r- 0) � /$ 2# : £ 2) § � \\ 0 E; *-h CD gOD 0) Cil oo0K /¢a$aE mm m> zm m > E% /m ® £ I§ 7\ k\ CD > Q CD / k%k gam± CD 0 2 ktƒ CD CD g/ /\ \� =r CD / 0 { E m 0 $ � > _ � q § w mI I2 >ƒ rc iO g� \0 /a z/ 2 � 0 X z 0 $ 0 D _ > � q x � � & EXHIBIT E NOTICE OF COMMENCEMENT OF DENSITY BONUS TERM PROJECT NAME: ADDRESS: DATE: OWNER: The "Density Bonus Term" as defined in that certain Regulatory Agreement and Declaration of Restrictive Covenants, recorded on as Document in the Office of the Marin County Recorder and pertaining to the real property located within the City of San Rafael, State of California, and described in Exhibit A attached hereto, commenced on , the date that the Affordable Unit(s) were rented and occupied by an Eligible Household. The Project Period will expire 55 years from the date of this notice on , 2076. ATTEST City Clerk CITY OF SAN RAFAEL BY: NAME: TITLE: OWNER BY: NAME: TITLE: MARIN HOUSING BY: NAME: TITLE: CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Steve Stafford, Senior Planner Extension: 5048 Contractor Name: Ci1d1MRerAgreement-:= 815 B Street Project (APNS 011-256-12, -14, -15 & -32) Contractor's Contact: c! 8 tephar i entowetfte, Marin Housing Authority Contact's Email: e�ilbviette t3aletrtkiQi,.l si ng . org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here t (] enter a cute. b. Email contract (in Word) & attachments to City C1;ck ,e, -e to City Attorney Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement enter a date. ❑ 2 Tick and return to Project Manager c-,-.1 _ a date, ❑ b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor enter a date. ❑ 3 Project Manager Forward two (2) originals of final agreement to CiiCl< her; to ❑ contractor for their signature enter a Gate. ❑ N/A 4 Project Manager When necessary, * contractor -signed agreement agendized for Council approval *PSA > $75,000; or Purchase > $75,000; or Or ❑ Public Works Contract > $175,000 Date of Council approval i ie`2G L lick C e G G` PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City ��,�!/ 90 Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed p 2) 1 �✓� agreement 7 City Attorney _ Review and approve insurance in PINS, and bonds _ (for Public Works Contracts) (� 8 City Manager/ Mayor Agreement executed by Council authorized official City Clerk Attest signatures, retains original agreement and 9 forwards copies to Project Manager 6