HomeMy WebLinkAboutED BMR Rental Agreementper`" �`0-4t,
Agenda Item No: 12
Meeting Date: June 15, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by: Nancy Mackie --)t t,« )V 4-e-4-bCity Manager Approval:
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO SIGN A BELOW MARKET RATE RENTAL
HOUSING AGREEMENT BETWEEN ROBERT N. FOEHR AND ALFREIDA G. FOEHR,
TRUSTEES OF THE FOEHR FAMILY TRUST AND THE CITY OF SAN RAFAEL RE: 75
PLUM TREE LANE
RECOMMENDATION: Adopt Resolutions authorizing the City Manager and the City Clerk to
execute a Below Market Rate Rental Agreement ("BMR") for 75 Plum Tree Lane.
BACKGROUND: 75 Plum Tree Lane was originally approved for 13 units including 12 two
bedroom units and one studio unit and 13 parking spaces. The complex was actually constructed
with 11 units and 13 parking spaces. During a routine apartment inspection, a 12th unit was
discovered. The owner has entered into a settlement agreement and paid the fines associated
with the code enforcement action on the studio unit and wishes to legalize this existing studio
unit resulting in a total of 12 units.
The current zoning would not allow the additional unit except under the density bonus
provisions. The owner has agreed to restrict the rents on one of the one bedroom units. By
restricting the rent on this one unit, 5% of the total units are very low income thereby qualifying
the project for a 20% density bonus. This density bonus would allow the studio unit to be
legalized and add a one bedroom unit to the City's affordable housing stock.
ANALYSIS: The rental restriction will be memorialized through a Below Market Rate
(`BMR") rental housing agreement. This agreement will be recorded on the property and will
remain in place for fifty five years. The restriction cannot be removed prior to its expiration,
even upon sale of the property. The owner will be required to provide annual rental
certifications to the City of San Rafael listing the rent and the tenant income for the one
affordable unit. The rent for the restricted one bedroom unit will be $922. The rent will increase
annually with adjustments to the County Median Income.
FISCAL IMPACT: No direct cost to the City except for staff time to negotiate and record the
BMR Agreement and verify the annual rental certification.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
OPTIONS:
• Approve the attached Resolution allowing the Manager to enter into a Rental BMR
Agreement between the property owners and the City of San Rafael. Staff recommends this
option because it will preserve an existing studio unit and provide an additional one bedroom
affordable housing unit.
• Direct staff to make alterations to the attached Resolution.
• Do not adopt the attached Resolution. Staff does not recommend this option because the
existing unit will have to be abated requiring the current occupant to find new housing and
the City will lose the opportunity to add a one bedroom unit to the affordable restricted
housing stock.
STAFF RECOMMENDATION: Adopt the Resolution.
CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO SIGN A BELOW MARKET RATE
RENTAL HOUSING AGREEMENT BETWEEN ROBERT N. FOEHR AND ALFREIDA
G. FOEHR, TRUSTEES OF THE FOEHR FAMILY TRUST AND THE CITY OF SAN
RAFAEL RE: 75 PLUM TREE LANE
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The City Manager and the City Clerk are authorized to execute on behalf of the City of San
Rafael, a Below Market Rate Housing Agreement between the City of San Rafael and Robert N,
Foehr and Alfreida G. Foehr, Trustees of the Foehr Family Trust, regarding the property located
at 75 Plum Tree Lane in San Rafael; a copy of the Agreement is hereby attached and by this
reference made a part hereof, with such changes, deletions and insertions as may be approved by
the City Attorney.
I, ESTHER C. BEIRNE, 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 15th day of June 2009, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
RECORDING REQUESTED By and
WHEN RECORDED MAIL TO:
Esther Beirne, City Clerk
PO Box 151560
San Rafael, CA 94915-1560
No fee for recording pursuant to
Government Code Section 27383
CITY OF SAN RAFAEL
BELOW MARKET RATE RENTAL UNIT AGREEMENT
PROJECT NAME: 75 PLUM TREE LANE Date:
ADDRESS: 75 Plum Tree Lane APN-015-191-21
OWNER: _ Robert N. Foehr and Alfreida G. Focht, Trustees of the Focht Family Trust
THIS BELOW MARKET RATE RENTAL UNIT AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS is made and entered this date; June 15, 2009, between the CITY OF SAN
RAFAEL, a municipal corporation duly organized and existing under the Constitution and laws ofthe State
of California (the "City"), and Robert N. Foebr and Alfreida G. Focht, Trustees of the Foehr Family Trust
(the "Owner").
PREAMBLE
WHEREAS, the property currently consists of 11 units and the Owner has received the City's
approval to construct a 130 square foot building addition resulting in one additional unit; and
WHEREAS the City's approval of such addition is conditioned upon Owner's compliance with
Section 14.16.030 I of the San Rafael Zoning Ordinance;
WHEREAS, the Owner proposes to fulfill the requirements Section 14.16.030 of the San
Rafael Zoning Ordinance by providing one unit located at 75 Plum Tree Lane ('Project"), located
within the corporate limits of the City and more particularly described in Exhibit "A" attached and
incorporated for reference herein and;
WHEREAS, the Owner will be providing one (1) one bedroom unit ("Very Low Income Unit") as
set forth in Exhibit 'B" attached and incorporated herein;
NOW, THEREFORE, in consideration for the mutual covenants and undertakings set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
City and the Owner do hereby contract and agree as follows:
Section 1. DEFINITIONS AND INTERPRETATION. Unless otherwise expressly provided
herein or unless the context clearly requires otherwise, the following terns shall have the respective
meanings set forth below for all purposes of this Below Market Rate Rental Unit Agreement:
The following Affordability Definitions shall apply:
"Adjusted Income" means the total anticipated annual income of all persons in a household as
calculated in accordance with 25 California Code of Regulations Section 6914 or pursuant to a
successor state housing program that utilizes a reasonably similar method of calculation of adjusted
income. If no such program exists, then the City shall provide the Owner with a method of calculation
of adjusted income reasonably similar to that provided in Section 6914.
"Allowable Rent" The Rent charged the occupants of the Very Low Income Unit shall not
exceed one -twelfth of thirty percent (30%) of fifty percent (50%) of Median Income.
In calculating the allowable Rent for the Units, the following assumed household sizes shall be utilized:
Number of Bedrooms Assumed Household Size
Studio 1
One 2
Two 3
"Very Low Income Unit" refers to the unit described in Exhibit 'B" which is occupied by very
low income households including those households holding Section 8 vouchers, including Shelter Plus
and Shelter Plus Care participants. .
"Median Income" the median income adjusted by actual household size for households in the
County of Marin, California, as published from time to time by the State of California. If such income
determinations are no longer published, or are no updated for a period of at least eighteen (18) months,
then the City of San Rafael shall provide other income determinations which are reasonably similar with
respect to methods of calculation to those previously published by the State.
"Program Administrator" shall mean the administrator for compliance of the Project with the
Below Market Rate Unit Rental Agreement, which shall initially be the City.
K
"Project" shall mean the parcel of real property in the City of San Rafael as described in Exhibit
"A" hereto, and all rights and appurtenances pertaining thereto, and the buildings, structures and other
improvements constructed or to be constructed thereon, including all fixtures and other property owned,
leased or licensed by the Owner and located on, or used in connection with, such buildings, structures or
other improvements, all of which shall be constructed and operated by the Owner in accordance with the
restrictions set forth in this Agreement.
"Project Period" means a period of fifty-five (55) years commencing on the date of occupancy of
the qualified units in the Project. Upon full occupancy of the qualified units, the Owner shall request the
City to execute, and record, with the Marin County Recorders Office, Exhibit "E" to this Agreement
specifying the commencement and expiration date of Project Period. The restrictions set forth herein shall
be deemed covenants running with the land provided, however, that upon termination of this Agreement
said covenants shall expire.
"Qualifying Tenant" means resident households whose incomes do not exceed the household
income limits for Very Low Income Household.
"Rent" means the total of monthly payments by the tenants of a Unit for the following: use and
occupancy of the Unit and land and associated facilities, including parking; any separately charged fees or
service charges assessed by the Owner which are required of all tenants, other than security deposits; the
cost of an adequate level of service for utilities paid by the tenant (pursuant to schedule provided by Marin
Housing), including garbage collection, sewer, water, and electricity, gas, other heating, cooking, and
refrigeration fuel, but not telephone or cable television service; and any other interest, taxes, fees, or charges
for use of the land or associated facilities and assessed by a public or private entity other than the Owner,
and paid by the tenant.
"Qualified Unit" means one Very Low Income dwelling unit on the Property to be operated
pursuant to this Agreement.
"Very Low Income Household" shall mean the occupant (s) of a residential unit in the Project
whose adjusted household income does not exceed 50% of the Median Income for the Area, adjusted for
household size.
SECTION 2. ALLOWABLE RENT. The Rent charged the occupants of the Very Low Income Unit
shall not exceed the "Allowable Rent". Exhibit B provides an example of the Allowable Rent
calculation. Occupants with Section 8 vouchers can occupy the Unit and the lease to and occupancy by
a Section 8 tenant meets all very low income requirements of the Owner. As long as the rent paid by the
occupant does not exceed the Allowable Rent. For further clarification: the Owner leasing to a tenant
under Section 8, Shelter Plus and Shelter Plus Care programs or other programs funded by the Marin
Housing Authority where the tenant pays a portion of the rent and the remainder is provided by the
Marin Housing Authority, on its own conclusively meets and satisfies the very low income rent
requirement.
In calculating the Allowable Rent for the Very Low Income Unit, the following assumed household
sizes shall be utilized only if there are no pertinent federal statutes applicable to the Property regarding
assumed household size:
Number of Bedrooms Assumed Household Size
Studio
One
Two
Three
Rents for the Very Low Income Unit may be increased no more than one (1) time per year unless
otherwise permitted by the City. The maximum Rent levels following an increase, or upon a new
occupancy, shall not exceed the Allowable Rent, corresponding to the Median Income figures published
for that year, or the market rate rent charged to similar units in the Project. Rents for the Very Low
Income Unit may not exceed rents charged for comparable units in the Project.
SECTION 3. QUALIFYING TENANTS.
(a) SELECTION. For the duration of the full Project Period, the Owner shall base
Qualifying Tenant selection on income eligibility for Very Low Income Households as defined in Section I
and subject to final approval.
(b) PROHIBITION ON DISCRIMINATION IN TENANT SELECTION. The Owner
shall not discriminate against applicants on the basis of source of income or rent payment (for example,
AFDC or Section 8), and the Owner shall consider a prospective tenant's satisfactory credit history and
previous satisfactory rent history of at least one (1) year as sufficient evidence of the ability to pay the
applicable Rent on a timely basis when due.
(c) SECURITY DEPOSITS. The Owner shall not require security deposits on the Units in
excess of one (1) month's Rent for such Units, and shall not require for such Units any other deposits,
including (without limitation) key deposits, cleaning deposits, or final month rent deposits.
(d) Tenant Income Certification. The Owner shall obtain, complete, and maintain on file
income certifications from each Very Low Income household dated no more than thirty (3 0) days prior to
initial occupancy and annually thereafter. The Owner shall make a good faith effort to verify that the
income reported by an applicant in an income certification is accurate by obtaining one (1) or more of the
following as apart of the verification process: (1) a pay stub for the most recent pay period; (2) an income
tax return for the most recent tax year; (3) an income verification form from the applicant's current
employer; (4) an income verification form from the Social Security Administration and/or the California
Department of Social Services if the applicant receives assistance from either of such agencies; (5) income
verification from the Marin County Housing Authority; or (6) ifnone of the previously mentioned forms of
verification is possible, then another form of independent verification. If an occupant of a Unit refuses to
provide information requested by the Owner for the annual certification, then the Owner shall immediately
terminate such household's tenancy in a manner consistent with applicable laws.
0
The Owner shall NOT be required to obtain income certifications for any Very Low Income Units
occupied by households receiving assistance through the Section 8, Shelter Plus or Shelter Plus Care
programs of Marin Housing. The Owner will be required to submit proof from Marin Housing of
participation in the Section 8 program, such as a copy of the contract or a letter from Marin Housing.
(e) Lease Provisions. The Owner shall utilize a form of lease or rental agreement
approved by the City or the Housing Authority for the Very Low Income Unit. The City shall not
withhold approval from any form that:
(1) authorizes the Owner to immediately terminate the tenancy of any household one (1) or more of
whose members misrepresented any fact material to the household's qualification as a Very Low
Household;
(2) provides that the tenant's income is subject to annual certification; provides that if that household,
not participating in the Section 8 program, refuses to provide information requested by the Owner for
the annual recertification, then the household's tenancy shall be subject to immediate termination; and
otherwise complies with this Agreement.
(1) Occupancy. Throughout the Project Period, the required Very Low Income Unit in the
Project shall be occupied and at all times be rented to Qualifying Tenants at rental rates not to exceed the
Allowable Rent. No Qualifying Tenant shall be denied continued occupancy, because this tenant exceeds
the income limits. If, as of the most recent Tenant Income Certification, it is determined that the income of
Qualifying Tenant exceeds one hundred -twenty percent (120%) of the Median Income for the Area, then
they shall no longer qualify as a Qualifying Tenant. The Owner shall provide the next available unit (s) of
comparable or smaller size to a Qualified Tenant, as needed to achieve compliance.
The Owner shall immediately notify, in writing, each tenant who is no longer a Qualified Tenant of
such fact, and that such tenant(s) rent is subject to increase 30 days after receipt of such notice. The Owner
shall be entitled to so increase any such tenant's rent only if Owner complies with any law applicable thereto
and only after the Owner has rented the next available unit or units in the Project on an one-for-one basis to
a Qualified Tenant, or holds units vacant and available for occupancy by Qualified Tenants.
The Owner agrees to inform all prospective Qualifying Tenants of the requirements for annual
certification of income and of the provisions of the preceding paragraphs.
Section 3. REPORTING.
(a) OCCUPANT CERTIFICATION. The Owner shall be obtain an OCCUPANT
INCOME CERTIFICATION (Exhibit C), a Section 8 contract, a letter from Marin Housing or a similar
form as may be approved by the City, from the occupants of the Very Low Income Unit and to maintain
that form on file.
(b) Annual Report to Agency. The annual report shall include the Rent, the income
and household size of the household occupying a Very Low Income Unit. The report shall also state
5
the date the tenancy commenced for the Very Low Income Unit and such other information as the City
may be required by law to obtain. 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 is to be submitted by the Owner to the Program Administrator
quarterly until the Very Low Income Unit is occupied and annually thereafter for the Project Period.
(c) Inspection of Records. The Owner shall permit the Program Administrator or their
designee to inspect the Project records at the Owner's office upon 10 days notice.
(d) Additional Information. The Owner shall provide any additional information
reasonably requested by the City or its designee.
(e) Records. The Owner 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 to inspect and copy such records, including the records pertaining
to income and household size of Very Low Income Tenant households.
(f) Specific Enforcement of Affordability Restrictions. Specific enforcement of the
Owner's agreement to comply with the rent and occupancy restrictions of this Section 3 is the only
means by which the City may obtain the benefits of the Very Low Income Unit, and the Owner
therefore agrees to the imposition of the remedy of specific performance against it in the case of any
Owner non-compliance with the rent and occupancy restrictions of this Section 3. In addition to the
remedies specified in this Section, the City shall have the right to pursue any of the remedies set forth in
Section 8 below.
Section 4. COMPLIANCE WITH APPLICABLE LAW. The Owner shall cause any
construction work performed in connection with the Project to be performed in compliance with all
applicable laws, ordinances, rules, and regulations of federal, state, county or municipal governments or
agencies now in force or that may be enacted hereafter. The work shall proceed only after procurement
of each permit, license, or other authorization that may be required by any governmental City having
jurisdiction, and the Owner shall be responsible to the City for the procurement and maintenance
thereof, as may be required of the Owner and all entities engaged in work on the Project.
Section 5. RELOCATION OBLIGATIONS. Although the Parties do not anticipate the
relocation of any tenants residing in the Project as of the date of this Agreement, if any such relocation
is necessary or desirable, the Owner shall follow all applicable state and federal relocation laws and
regulations in connection with such relocation and shall pay, at its sole expense, any and all costs
associated with such relocation.
The Owner shall indemnify, defend (with counsel reasonably chosen by the Agency), and hold harmless
the City of San Rafael against all claims which arise out of Owner's relocation law obligations to
tenants.
Section 6. COVENANTS. It is intended and determined that the provisions of this
Agreement shall constitute covenants which shall run with the land comprising the Project for the benefit
thereof, and the burdens and benefits thereof shall bind and inure to the benefit of all successors in interest
of the parties hereto; provided, however, that on the termination of this Agreement said covenants shall
expire.
Section 7. TERM. This Agreement shall become effective upon its execution and delivery.
Except as provided in the immediately following paragraph, this Agreement shall remain in full force and
effect for the Project Period.
Section 8. DEFAULT AND ENFORCEMENT. In the event the Owner
leases the Very Low Income unit at a rent in violation of this Agreement, the Owner shall immediately,
upon notice from the City, rent the unit at the Affordable Housing Rent in accordance with Exhibit B of
this Agreement and pay; (i) to the occupant or former occupant of a Very Low Income Unit, an amount
equal to the difference between the amount the Owner actually received for the Unit leased in violation
of this Agreement and the amount the Owner would have received pursuant to Exhibit B of this
Agreement for the term of the violation; and (ii) to the City, as liquidated damages, an amount equal to
two times the difference between the amount the Owner actually received for the Unit leased in
violation of this Agreement and the amount the Owner would have received pursuant to Exhibit B of
this Agreement for the term of the violation. The parties agree that this formula for establishing
liquidated damages is reasonable considering all the circumstances existing on the date of this
Agreement, including (a) the range of harm that would result to the City and its housing program from
violation of this Agreement by the Owner, and (b) the anticipation that proof of the actual damages
would be costly and inconvenient. In the event the Tenant cannot be located within a reasonable time
the Owner shall pay to the City the total amount due to the Tenant.
Section 9. MONITORING FEE. The Owner agrees to pay to the City during the
Project Period an annual monitoring fee payable on or before July 1 of each year and shall be calculated
at the rate of $50.00 per each Very Low Income Unit per year. Total annual fee $ 50.00. If the
expenses of the City in monitoring compliance by the Owner, with provisions of this Agreement, are in
excess of $50.00 in any annual period, the Owner upon written demand shall pay such actual excess
costs in an amount not to exceed 5% increase per year.
Section 10. UNIT MIX, LOCATION AND HOUSEHOLD SIZE. The Very Low
Income Unit shall be located on the parcel described in Exhibit A and shall consist of (1) one bedroomunit.
The Owner may choose to use a two bedroom unit, but not a studio, as a Qualified Unit. Owner will be
responsible for choosing the Qualifying Very Low Income Unit. .
Section 11. GOVERNING LAW. This Agreement shall be governed by the laws of the
State of California.
Section 12. AMENDMENTS. This Agreement shall be amended only by written
instrument signed by all of the parties hereto.
Section 13. ATTORNEY'S FEES. In the event that a party to this Agreement brings an
action against any other party to this Agreement by reason of the breach of any condition or covenant, in
this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be
entitled to recover from the other reasonable attorney's fees to be fixed by the court which shall render a
judgment, as well as the costs of suit.
Section 14. SEVERABILITY. If any provision of this Agreement shall be invalid,
inoperative or unenforceable as applied in any particular case in any jurisdiction because it conflicts with any
other provision (s) or any constitution or statute or rule of public policy, or for any reason, such
circumstance shall not have the effect of rendering the provision in question inoperative or unenforceable in
any other case or circumstance or of rendering any other provision or provisions contained herein invalid,
inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases,
sentences, clauses or sections contained in this Agreement shall not affect the remaining portions of this
Agreement, or any part hereof.
Section 15. RECORDING AND FILING. The Owner shall cause this Agreement and all
amendments hereto to be recorded and filed in the real property records in the office of the County
Recorder of Marin County within 5 working days of the City's execution of the Agreement and shallpay all
fees and charges incurred in connection therewith and shall transmit a recorded copy to the City. Upon the
expiration of the Project Period the City shall cooperate with the Owner, at the sole expense ofthe Owner,
in the recording of such instruments or instruments of release or termination as the Owner may reasonably
request.
Section 16. NOTICE. All notices required or permitted under this Agreement shall be sent
by certified United States mail, or an overnight courier service requiring a signed receipt, addressed as
follows:
TO THE CITY: City of San Rafael
Attn: Economic Development Director
P.O. Box 151560
San Rafael, CA 94915-1560
TO THE OWNER: Foehr Family Trust
PO Box 101(425 San Geronimo Valley Drive)
San Geronimo, CA 94963-0101
Notice shall be deemed served for purposes of the Agreement one day after deposit in the United States
mail or acceptance by the overnight courier service. Any party may change its address for purpose of
notice by giving notice pursuant to this section.
Section 17. TERMINATION. This Agreement shall terminate and be of no further
force or effect at the end of the Project Period.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first written above.
(Signatures on next page)
Vj
ATTEST:
Esther Beirne
City Clerk
CITY OF SAN RAFAEL
BY:
Name: Ken Nordhoff
Title: City Manager
OWNER
Robert N. Foebr, Trustee
Alfreida G. Foerbr, Trustee
Trustees of the Foebr Family Trust
10
STATE OF CALIFORNIA )
ss
COUNTY OF )
On , before me, the undersigned, a Notary Public, 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.
STATE OF CALIFORNIA )
ss
COUNTY OF )
On _, before me, the undersigned, a Notary Public, 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.
11
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
12
EXHIBIT "B"
CITY OF SAN RAFAEL
AFFORDABLE HOUSING RENTAL AGREEMENT
Project Name & Address: 75 Plum Tree Lane
Date:
Owner: Focht Family Trust
TOTAL NUMBER OF UNITS: 12
TOTAL NUMBER OF VERY LOW AND LOW INCOME UNITS: 1
One 1 BMR unit @ Very Low
ALLOWABLE RENT CALCULATION: Housing expense includes utility allowance per schedule
below (allowances from Marin Housing). Very Low Income is 50% of County Median Income, Low
Income is 60% of County Median Income and Moderate Income is 80% of County Median Income.
The applicable household and unit sizes are listed below. Actual households can exceed the household
size indicated but the rental calculation will not change.
For example, using the 2009 Median Gross Income for the Area such calculation would be as shown.
The One Bedroom Housing Expense shall not exceed 1/12 of 30% of 50% (very low income) of the
median gross annual income for a 2 -person household.
The maximum qualifying tenant income is 50% of median for very low or a lesser income as defined by
the Owner.
13
Very Low Income (50% of
median
Household Size
2 person
Median Income
$77,450 $38,700
Unit Type
One BRM
Monthly Income
$ 3,225
30% of Income
968
Monthly UtH!q Allowance
46
Allowable rent
$ 922
13
EXHIBIT "C"
OCCUPANT INCOME CERTIFICATION
SAN RAFAEL BELOW MARKET RATE RENTAL MONITORING PROGRAM
Project Name: Date:
APARTMENT # APARTMENT SIZE
OCCUPANT/ HOUSEHOLD NAME:
last
MONTHLY RENT:
first
TOTAL HOUSEHOLD GROSS ANNUAL INCOME:
(Total household income includes all wages, salaries, etc., as reported as gross income for federal income
tax or pay stubs or other relevant documentation.) Attached hereto are federal or state income tax returns,
stubs from paychecks or other evidence of the income of the persons listed below:
Name of Household Member Relationship to head of Age Place of Employment
household
I/We the undersigned have read and answered fully, frankly and personally each of the above questions
under penalty of perjury and do hereby swear they are true.
Occupant - Head of Household
14
.EXHIBIT "D'>
CERTIFICATION OF CONTINUING COMPLIANCE
BELOW MARKET RATE RENTAL UNIT AGREEMENT MONITORING PROGRAM
Project Name: 75 Plum Tree Date:
Owner: Foebr Family Trust Manager:
NUMBER OF LOW/MODERATE INCOME UNITS: 1
(1) One BMR unit @ 50% of County Median Income
(2) Annual Monitoring Fee: $ 50.00
The undersigned, in accordance with the with the City of San Rafael BELOW MARKET RATE
AGREEMENT for this Project, hereby certifies that during the preceding twelve (12) months, the
following units were occupied in accordance with the AGREEMENT and does hereby further certify
that the representation set forth herein are true and correct to the best of the undersigned's knowledge.
Lower Income Unit No. of Monthly Annual
Household
Resident Name No. Bedrooms Rent Income* Size
* Can also list source of income instead of amount, if occupant is receiving government assistance such
as Section 8, SDI or Shelter + Care.
Sieved:
Owner or Representative
Contact Person:
Email:
15
EXHIBIT E NOTICE OF COMMENCEMENT OF PROJECT PERIOD
CITY OF SAN RAFAEL
MONITORING PROGRAM
Project Name : Date:
Address
Owner:
The "Project Period" as defined in that certain BELOW MARKET RATE RENTAL AGREEMENT
executed on commenced upon execution.
The Term will expire on June 15, 2064.
CITY OF SAN RAFAEL
LIN
OWNER
By:
IN
