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HomeMy WebLinkAboutCC Resolution 11830 (BMR Agr. Amendment)CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 11830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE EXECUTION OF AN AMENDMENT TO THE BELOW MARKET RATE HOUSING AGREEMENT TO REFLECT NEW OWNERSHIP AS REQUESTED BY CALIFORNIA HOUSING FINANCE AUTHORITY— CAPRI CONDOS (APN 155-370-23) (FORMERLY MHP II) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The Mayor and the City Clerk are authorized to execute on behalf of the City of San Rafael, a Modification of the Below Market Rate Housing Agreement to reflect new ownership of the Capri Condominium project, as requested by the California Housing Finance Authority in a form to be approved by the City Attorney, and to take all actions necessary to provide and implement the modification. 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 held on the 6`h day of September, 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips ABSTAIN: COUNCILMEMBERS: None JEA10LEONCINI, City Clerk 0 uL ��� ", s r -,T,. OF Agenda Item No: 6 Meeting Date: September 6, 2005 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Economic Development Prepared by: Nancy Mackle, Director )i�G�'��J� Manager Approval: SUBJECT: Resolution of the City Council of the City of San Rafael approving the receipt of a parcel of real property from and the execution of a Conveyance Agreement with the Redevelopment Agency of the City of San Rafael for public improvement activities related to ownership and management of a parking facility, and making findings pursuant to State law in connection therewith. RECOMMENDATION: Staff recommends that the City Council approve the acquisition of the Third and C Street garage site by the City from the Agency and authorize the City Manager or his designee to accept conveyance of the site on behalf of the City. BACKGROUND: Since the need for more parking in Downtown was identified in 1999, the City and the Agency have been cooperating in the construction of a new garage at Third and C Streets. The garage was completed and opened to the public on May 14, 2005. Currently, the garage site is owned by the Agency as the initial site acquisitions began in the late 1970's and were completed in 2002. The structure however is owned by the City and was financed though the issuance of revenue bonds by the San Rafael Joint Powers Financing Authority. The proposal under consideration is to consolidate the ownership of the lot and structure by transferring the property from the Agency to the City rather than a direct sale. Under the provision of California Community Development Law, the Agency may pay all or part of the value of the land for a publicly owned facility if specific findings are made. To make the transfer, the City must approve the receipt of the property from Agency. The Agency action to transfer the property to the City was approved under a separate action at tonight's Redevelopment Agency meeting. ANALYSIS: Consolidation of the site and facility ownership under the City is a benefit to the Project Area and the immediate neighborhood as the City operates and manages all the public parking Downtown, including the lots, structures and on -street spaces. The City's Parking Services Division manages parking as a unified whole and addresses parking needs for the entire commercial portion of Downtown. The parking rates, hours of operation, maintenance and FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaLre: 2 facility repair are centralized, thus improving the quality and quantity of parking for Downtown visitors and property owners. Transferring ownership of the property to the City will assist in the elimination of the physical blighting condition of a lack of parking. In general, lot sizes in Downtown are too small to accommodate needed parking. Development is hindered and lots remain under utilized unless public parking is provided in facilities such as the Third and C Street garage. In 1999, the Agency determined that the then existing amount of public parking was used at full capacity and that development could not continue unless additional public parking was constructed. Transferring the property ownership to the City will insure that public parking management and the allocation of the parking in the development review process is coordinated to allow further development Downtown. The Agency's Five Year Implementation Plan (2000/01 through 2004/05) contains a program for parking improvements and a specific project for the construction of a new structure Downtown. Conveyance of ownership of the stricture is an action needed to complete the development of the facility and is therefore consistent with the Implementation Plan. Transfer of the property to the City rather than direct purchase is proposed as no other reasonable means of financing is available to the City for the land acquisition cost. No funds are available in the City's General Fund for a substantial capital investment. The revenue bonds issued for the construction of the garage were sized to cover the construction costs of the structure and the annual debt service payments are made by the recently increased parking rates. FISCAL IMPACT: There is no impact as there are no funds expended in relation to this property transfer. ACTION REQUIRED: The City Council hereby approves the acquisition of the site by the City from the Agency for consideration of One Dollar ($1), and authorizes the City Manager or his designee to accept conveyance of the site on behalf of the City. ATTACHMENTS: Resolution Exhibit A Legal Description Recording Requested by: City of San Rafael When Recorded Return to: City of San Rafael Attention: Jeanne M. Leoncini, City Clerk P. O. Box 151560 San Rafael, CA 94915-1560 THIS SPACE FOR RECORDERS USE ONLY (Note: Certified Coov of Resolution #--- adyoted by the City Council 9/6/05, attached) AMENDMENT TO THE BELOW MARKET RATE HOUSING AGREEMENT BETWEEN THE CITY OF SAN RAFAEL, THE HOUSING AUTHORITY OF THE COUNTY OF MARIN AND MHP II This Amendment ("the Amendment ") is made and entered into this day of September, 2005, among the City of San Rafael, a municipal corporation (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 ("Marin Housing Authority"), and Western Pacific Housing, Inc. a Delaware Corporation, successor in interest to MHP II, a California Limited Partnership, Renascor, LLC General Partner ("Western Pacific Housing Inc."). Recitals A. The City, the Marin Housing Authority and MHP II entered into that certain Below Market Rate Housing Agreement (the "BMR Housing Agreement") for the property located at the end of North Avenue, Parcel 5 B, Map filed for Record on October 31, 1988 in Book 24 of Parcel Maps at Page 36, Marin County Records (Assessors Parcel No. 155-370-23 (the "Property"), more particularly described in the Exhibit A attached hereto. The BMR Housing Agreement was recorded on July 21, 2004 as Instrument 2004-0063529, Marin County Records. B. MHP H subsequently conveyed the property to Western Pacific Housing Inc, by Grant Deed dated and recorded on as Instrument No. ------, Marin County Records. C. Western Pacific Housing Inc, is the successor in interest to the rights and obligations of MHP II under the BMR Housing Agreement. D. The parties to the BMR Housing Agreement desire to amend the BMR Housing Agreement to reflect the change in ownership and the change of name of the Property. The Developer named in the BMR Housing Agreement shall be changed from MHP II to Western Pacific Housing Inc., a Delaware Corporation, or any successor in interest. The Project Name stated in the BMR Housing Agreement shall be changed from McInnis Park II to Capri. This Amendment has been authorized by City Council Resolution No. ----, dated September 6, 2005. Subject only to the above stated changes, all the terms, covenants and conditions of the original recorded BMR Housing Agreement shall remain in full force and effect. �� n CITY OF SAN RAFAEL mm ATTEST: APPROVED AS TO FORM: Albert J. Boro, Mayor Jeanne Leoncini, City Clerk Gary T. Ragghianti, City Attorney 16,1911M ATTEST: WESTERN PACIFIC HOUSING, Inc., a Delaware Corporation BY: Glenn R. Brown, Vice President C'' O STATE OF CALIFORNIA COUNTY OF } SS On before me, the undersigned, a Notary Public in and for said County and State, personally appeared: personally known to me (or 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. WITNESS my hand and official seal. Signature c � EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: UNIT , in Building , as depicted upon that certain Condominium Plan (the "Plan") recorded August 2, 2005 as Recorder's Serial No. 2005-0058014 of Official Records, and as defined in the Declaration of Covenants, Conditions and Restrictions of Capri (the "Declaration') recorded August 2, 2005 as Recorder's Serial No. 2005-0058015 of Official Records, and Amendment thereto recorded August 22, 2005 as Recorder's Serial No. 2005- 0063869 of Official Records; said Unit and Building being situated on Lot 1, as shown upon that certain map entitled, "Map of Capri Condominiums", filed for record July 11, 2005 in Volume 2005 of Maps, at Page 190, Marin County Records. PARCEL TWO: A PERCENTAGE interest as Tenants in Common in the Common Area of the Building Envelope in which the Unit described in Parcel One above is located, as shown on the "Plan" and defined in the "Declaration". EXCEPTING THEREFROM and reserving the following: 1) All the Units depicted on the "Plan" and defined in the "Declaration" other than the Unit described in Parcel One above. 2) The Exclusive Use Easement Areas as defined in the "Declaration" and depicted on the "Plan" which are set aside and allocated for the exclusive use of the owners of Units other than the Unit described in Parcel One above. 3) Non-exclusive easements for access, ingress, egress, use and enjoyment and rights in, to and over the Association Property and Common Areas appurtenant to all Units as said property areas, easements and rights are defined in the "Declaration". PARCEL TI TREE: THE EXCLUSIVE right to use, possession and enjoyment of the Exclusive Use Easement Area appurtenant to Parcel One above, as defined in the "Declaration" and as depicted upon the "Plan" which are set aside and allocated for the exclusive use of the owner of the Unit to which they are attached or assigned. PARCEL FOUR: NON-EXCLUSIVE easements for access, ingress, egress, use and enjoyment and rights in, to and over the Association Property and Common Areas as shown on the "Plan" and defined in the "Declaration". - continued - PARCEL FIVE: AN EASEMENT as described in the "Amended and Restated Grant of Easement and Maintenance Agreement", recorded January 11, 2005 as Instrument No. 2005-002536, Marin County Records, more particularly described as follows: AN EASEMENT for access and utilities, both public and private, over and across "North Avenue -Private Street", as shown on that certain map entitled, "Parcel Map of Lot 5B", recorded October 31, 1988 in Book 24 of Parcel Maps, at Page 36, Marin County Records. EXCEPTING therefrom that portion lying within Lot 1, as shown upon that certain map entitled, "Map of Capri Condominiums", filed for record July 11, 2005 in Volume 2005 of Maps, at Page 190, Marin County Records. PARCEL SIX: A NON-EXCLUSIVE easement to install, use and to maintain, under the 10 foot wide Public Utility Easement adjacent to the Southerly edge of North Avenue, for underground public and private utilities, including, without limitations, water lines, gas lines, conduits, sewer lines, electrical lines, drainage lines and facilities, telephone cable and wiring, cable television cable, fiber optic cabling and any structures, as said 10 foot Public Utility Easement is shown on that certain map entitled, "Parcel Map of Lot 513", recorded October 31, 1988 in Book 24 of Parcel Maps, at Page 36, Marin County Records, as created in that certain "Amended and Restated Grant of Easement and Maintenance Agreement", recorded January 11, 2005 as Instrument No. 2005- 002536, Marin County Records.