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
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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.
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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
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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.