HomeMy WebLinkAboutCD Affordable Housing Agreements for 211-215 Belle Avenue____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-1-760
Council Meeting: 11/18/2019
Disposition: Resolution 14738
Agenda Item No: 4.e
Meeting Date: November 18, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Paul A. Jensen
Community Development Director
City Manager Approval: ______________
TOPIC: AFFORDABLE HOUSING AGREEMENT FOR 211-215 BELLE AVENUE
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A B ELOW MARKET
RATE AGREEMENT FOR A RENTAL UNIT AT 211-215 BELLE AVENUE (APN 014-
065-05)
RECOMMENDATION:
Adopt Resolution authorizing the City Manager to execute a Below Market Rate Housing Agreement for
211-215 Belle Avenue.
BACKGROUND:
Property Facts and History:
The subject property is a level, 12,100 square foot lot located at 211-215 Belle Avenue. The property is
developed with four residential units (contained in two buildings) and a detached cottage, which is
located within the rear yard area. The detached cottage is approximately 600 square feet and includes
a full kitchen and bathroom. The property is within the Medium Density Residential (MR3) zoning
district, which requires a minimum lot area of 3,000 square feet per dwelling unit. Therefore, given the
property size, the current zoning permits a maximum of four dwelling units for this property.
The Community Development Department, Code Enforcement Division administers citywide a hotel
and apartment inspection program (HIP Program). The HIP Program covers proactive inspections of
residential properties containing three or more residential units. In June 2019, the Code Enforcement
Division conducted an apartment inspection at this property. This property inspection disclosed that a
kitchen had been constructed in the detached cottage, which defines it as a dwelling unit per City code.
However, at the time of this inspection, there was no evidence that the cottage had been occupied by a
tenant. The kitchen addition was done without benefit of City approvals or permits. Consistent with
standard City policy and practice, the Code Enforcement staff issued a Notice & Order to the property
owner to remove the kitchen from the cottage.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Legalization of Cottage as a Dwelling Unit
Immediately following the issuance of the Notice & Order, the property owner contacted the Planning
Division to seek relief to legalize the cottage as a single dwelling unit. Planning Division staff
determined that the legalization of the cottage as a dwelling unit could be permitted through the
approval of a density bonus pursuant to San Rafael Municipal Code (SRMC) Section 14.16.030 and
California Government Code Section 65915. However, in doing so, the bonus unit must be made
available and restricted for rent to a below market rate (BMR) household. Legalization of the cottage
would also require the securing of the appropriate building permits.
The Marin Housing Authority (MHA) manages the City’s BMR rental and for-sale program. Consistent
with the City/MHA management agreement, MHA has prepared a BMR Agreement between the City
and the property owner (attached), which sets forth the following terms and conditions for renting the
cottage as a dwelling unit:
• As a dwelling unit, the cottage must be restricted for rental as a BMR unit for a minimum term of
55 years;
• The size and layout of the cottage would accommodate a two-person household. As such, the
unit must be made available for a two-person household qualifying as low-income (70% of the
median), which is a combined annual income of $76,600 and a maximum monthly rent of
$1,864.00 exclusive of a $51.00 utility allowance (2019 income and rent cap). The annual
income and rent would be adjusted every year for inflation;
• The property owner is required to submit an annual report to MHA verifying the tenant’s income
and the rent amount that has been paid.
The BMR Agreement must be approved by the City Council.
ANALYSIS:
Staff finds that the requested density bonus complies with the provisions of SRMC Section 14.16.030
and California Government Code Section 95915. The requested bonus is modest and would provide
housing to a two-person household qualifying as low-income. While City building permits will be
needed to legalize the cottage as a dwelling unit, this structure is well-built and well-maintained by the
property owner. In fact, the cottage presents an excellent example of accommodating additional
housing in an infill area that is close to downtown, shopping and transit.
FISCAL IMPACT:
There is no cost to the City for the project. The BMR Agreement requires the property owner to pay an
annual administration fee of $100.00 for BMR rental unit.
The City contracts with MHA to administer the City’s affordable program for rental developments
pursuant to a service contract dated May 2, 2016. The net annual cost of the MHA rental
administration contract is about $15,000 per year and is funded by the affordable housing fees
collected by the Community Development Department from a commercial development linkage fee and
affordable housing in-lieu fee. The affordable housing in-lieu fees are stored in Fund 243.
OPTIONS:
The City Council has the following options to consider on this matter:
• Adopt the attached Resolution to approve the BMR Agreement between the property owner and
the City of San Rafael and authorizing the City Manager to execute the agreement.
• Deny the request.
• Direct staff to return with additional information.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• Take no action.
RECOMMENDED ACTION:
Adopt the Resolution
ATTACHMENTS:
1. Resolution
2. Below Market Rate Housing Agreement with accompanying exhibits and attachments
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RESOLUTION NO. 14738
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY
MAN AGER TO SIGN A BELOW MARKET RATE AGREEMENT FOR A RENTAL UNIT
AT 211-215 BELLE AVENUE (APN 014-065-05)
WHEREAS, in June 2019, the San Rafael Community Development Department,
Code Enforcement Division conducted an inspection of a four-unit apartment complex
at 211-215 Belle Avenue. The inspection disclosed a detached cottage that was
converted to a dwelling unit without City approvals or permits. Code Enforcement
issued a Notice & Order to the property owner to remove the kitchen from the cottage;
and
WHEREAS, the subject property, which is approximately 12,100 square feet in
size is located within the Medium Density Residential (MR3) District, which permits a
maximum of four dwelling units on the property. Permitting the cottage as an additional
dwelling unit would exceed the density allowed by the MR3 District; and
WHEREAS, immediately following the issuance of the Notice & Order, the
property owner of 211-215 Belle Avenue contacted the Planning Division to seek relief
to legalize the cottage as a dwelling unit. Planning Division staff determined that the
legalization of the cottage as a dwelling unit could be permitted through the approval of
a density bonus pursuant to San Rafael Municipal Code (SRMC) 14.16.030 and
California Government Code Section 65915; and
WHEREAS, for the cottage to be legalized and eligible for a density bonus, the
unit must meet the City’s requirements to be restricted as an affordable, below-market-
rate (BMR) rental unit. Per SRMC Section 14.16.030, the unit must be affordable to a
low-income household for a minimum term of 55 years; and
WHEREAS, the Marin Housing Authority (MHA) manages the City’s BMR rental
program. MHA has prepared a BMR Agreement between the City of San Rafael and
the property owner setting forth terms and conditions for renting the cottage to a two-
person household qualifying as low-income (70% of the median). The property owner
has reviewed and signed the BMR Agreement; and
WHEREAS, the BMR Agreement has been reviewed and approved by the City
Attorney as to content and form.
NOW THEREFORE BE IT RESOLVED that the City Manager is hereby
authorized to execute, on behalf of the City of San Rafael the BMR Agreement for the
property located at 211-215 Belle Avenue.
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I, LINDSAY LARA, 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 18th day of November 2019, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
ATTACHMENT 2
BMR AGREEMENT AND ACCOMPANYING EXHIBITS
FOR 211-215 BELLE AVENUE
RECORDING REQUESTED By and
WHEN RECORDED MAIL TO :
City of San Rafael
Attn: City Clerk
1400 Fifth A venue
San Rafael , Ca 9 4 901
)
No fee for recording pnrsuant to
Government Code Section 27383
REGULATORY AGREEMENT AND DECLARATION OF RESTRICTNE COVENANTS
(Below Market Rate Rental Unit Agreement with No Condominium Map ; Density Bonus Law)
Development Name:
Location : 211-215 Belle Avenue, Sao Rafael (APN 014-065-05)
Owner: lgnoffo Family Trust
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement'' is made and entered
into this _____ day of ______ , __ , 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 H ousing
Authority"); and Tbe Ignoffo Family Trust or any of their successors in interest (collectively the "Owner"),
collectlvely the "Parties''.
REClTALS
A. The City has adopted a density bonus ordinance (Section 4.1 6 .030 .H of the s·an Rafael
Municipal Code) (the "Density Bonus Ordinance") to confo1m with state density bonus law (GovenuuentCode
Sectfons 65915 -65918) (together ''Density Bonus Law"). Density Bonus Law allows a density bonus ,
concessions, and otherregulatory incentives when an .Owner proposes to provide rental housing affordable to
Very Low Income or Low-Income Households, as de:fi.ned below .
B . Owner is the owner of certain real property located at 21 1-215 Belle Avenue, San Rafae~
County of Marin, California, which is more particularly described in attached Exhibit A inco rporated herein by
this reference (the "Property"). JD consideration of certain valuable land use and economic benefits confetTed
by the City upor1 the Property w1der Density Bonus Law, Owner, for itself, its successors, heirs, grantees and
assigns, hereby agrees to comply with the requirements of Density Born1s Law as applied to the Property.
C. The Property contains a two, main structures containing four (4) residen tiaJ units and one,
cottage, which is presently u sed as a studio. The Owner desires to legalize the cottage as a dwelling unit to be ·
rented to a Low-Income household (the "Affordable Unit") for the Density Bonus Te1m as defined below . The
Property zoning and City General Plan land use designation allow a maximum development of four ( 4)
residential units on the Property. Therefore, legalization of the cottage structure as an additional, fifth dwelling
un it on the Property requ ires the approval of a Density Bonus.
D. Under Density Bonus Law, Owner has applied for, and the C ity has granted, the following
regulatory incentives in exchange for the Owner's provision of the Affordable Unit:
• One Concession , which is the provision of one, u ncovered off-street parking space for the one-
bedroom cottage unit.
Any Concession(s), Waiver(s), or Parking Reduction incorporated into the Development are collectively
"Incentives ."
E. Density Bonus Law requires the City to ensure, and the Owner to agree to , continued
affordability of the Affordable Unit for the Density Bonus Tenn. To ensure their continued affordabi lity for the
Density Bonus Tem1, this Agreement shall be executed and recorded against the Property prior to issuance of
a ll City buildin g permits necessary to convert the cottage from a studio to a dwelling unit.
F. Owner acknowledges and agrees that the Project Approvals provided adequate and proper
notice pursuan1 to Government Code Section 66020 o f Owner's right to protest any requireme nts for fees ,
dedications, reservations, and otl1er exactions as may be in cluded in this AgTeement, that no protest in
compliance with Section 66020 was made within ninety (90) days of the date that notice was g iven, and that
the period has expired in which Owner may protest any and a ll fees, dedications, reservations, and other
exactions as may be included in this Agreement.
G. Marin Housing Antbority is authorized by law to paiticipate in programs that provide h ousing
fo r 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 R ec itals and in other sections of this
Agreement, the following terms are specially defined for the purposes of this Agreement:
A . "Affordable Rent'' is the maximum allowab le Reot for an Affordable Unit that does
not exceed: (ii) fo r Low Income Households, is equal to or less than one-twelfth (1/12) of thirty percent (30%)
of seventy percent (70%) of Area Median Income, assuming a two person household; and (ii i) for Median
Income Households, is equal to or less than one-twelfth (l / 12) of thirty percent (3 0%) of one hundred percent
(100%) of Area Median Income, as adjusted for Assumed H ousehold S ize. Affordable Reot cannot exceed the
rent for Market Rate Units. An example of the calculations and methodology t o be used to determine the
Affordable Rent is illustrated in Exhibit B attached hereto.
B. "Area Median Income" means median yearly income in Marin County as published
pursuant t o California Code of Regulations, Title 25, Section 6932, or successor provision .
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C. "Assumed Household Size" shall be based on presumed maximum occupancy levels
of one person in a studio apartment, two (2) persons in a one-bedroom unit, three (3) persons in a two-bedroom
nnit, and one additional person for each additional bedroom thereafter.
D. "Density Bonus Tenn" is the period that commences when the City, Marin Housing
Authority, and the Owner 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.
E. "Eligible Household" is a household which has been detem1ined to be eligible to rent
an Affordable Unit in compliance with Density Bonus Law and this Agreement.
F . "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.
G. "Low Income AffordabJ_e Unit"roeans an Affordable Unit reserved for occupancy by
Low In come Households at an Affordable Rent.
H. "Low Income H ousehold" means a household whose Household Income does not
exceed the lowe r income limits applicable to Marin County, adjusted for household size, as published annually
by the Cal ifornia Department of Housing and Community Deve lopment; generally, a household with a
Household Income between fifty percent (50%) and eighty percent (80%) of Area Median Income, adjusted for
actual household size.
I. "Market Rate Units" are Units which are not Affordable Units.
J. "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 Ca1iforniaDepattment ofH ousing and Community Development; generally, a household with
a Household Income between eighty percent (80%) and one hundred percent ( I 00%) of Area Median income,
adjusted for actual household size.
K. "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 t he 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 Owner 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, electrfoity, gas and other heati11g , cooking and refrigeration fuel, but
n ot telephone service or cable TV; and (4) any other interest, taxes, fees or charges for u se of the land or
assoc iated facilities that are assessed by a public or private entity other than the Owner and paid by the Tenant.
L. "Tenant" is a household occupying an Affordable Unit pursuant to a valid lease or
ren tal agreement with the Own er.·
M. "Tenant Lease" is defined in Section 3 .4.
N. "Very Low-Income Householdl' means a household whose Household Income does
not exceed the very low·income limits applicab le to Marin County, adjusted for household size, as published
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annually by the California Department of Housing and Community Development; generally, a household with
a Household Income at or below fifty percent (50%) of Area Median Income.
0. ''Very Low-Income Affordable Unit" means an Affordable Unit reserved for rent by
Very Low~Income Households at an Affordable Rent.
1.2 Exhi bits. The following exhibits are attached to and incorporated into this Agreement:
Exhibit A
ExhibitB
Exhibit C
Exhibit D
ExhibitE
Legal Description of the Property.
Sample Calculalion of Affordable Rent.
Household Income Certification.
Certificate of Continuing Compliance.
Notice of Commencement of Density Bonus Term
2. Construction of Development and Affordable Unit
2.1 Satisfaction of Affordable Housing Requirement. The Affordable Housing Requirements
shall be satisfied with respect to the Property if: (a) the Owner legalizes the con version of the cottage to a
dwelling unit; and (b) Owner offers cottage for rent as an Affordable Unit to an Eligible Household in
compllance with Section 3 below .
2.2 Affordab le Unit. To satisfy Owner's afford ab le housing requirements for lhe Development
under Density Bonus Law and the Density Bonus Ordinance, at initial occupancy of the Development, Owner
shall rent one ( l) Affordable Unit to a Low-Income Household at Affordab l e Rents, as spec ified in Section 3
below, for the Density Bonus Term. ' ·
2.3 Location of Affordable Unit. The Affordable Unit shall be maintained on th e Prope1iy in the
location(s) s hown or described in Exhibit B attached hereto.
3. Reut Regulatory Provisions
Th~ provisions of this Section 3 are applicable until the expiration of the Density Bonus Term .
3.1 Affordability and Occupancy Covenants.
A . Occupancy Requireme nts. Subject to the provisions of Section 3.2 below, the
Affordable Un i l s hall be rented to and occupied by or, if vacant, available for occupancy by, a Low-Tncome
Household. The Affordable Unit s hall not be kept vacant or used for any purpose e~cept for residential u se
and, when vacant, s hall be offered for rent to Eligible Househo lds at Affordable Rent.
B. Allowable Rent Subject to the provisions of Section 3.2 below, the maximum Rent
charged to Tenants of the Affordable Unit shall not exceed Affordable Rent.
C. Approval of Rents. Initial Rent for the Affordable Unit shall be approved by tJ1e Marin
Housing Authority prior to occupancy at the time the Owner submits th e marketing p lan 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 th is Agreement Owner shall certify to Marin Housing
Authority that Owner is not charg ing any fee other than Affordable Rent to Tenants of the Affordable Unit for
all the components of Rent defined in Section l, 1 above.
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D. Schedule of Affordab1e Rents. The City has provided th e Owner with a schedule of
Affordable Rents for the Affordable Un.it in effect on the date of this Agreement, set forth in attached Exhibit
]2. Marin Housing Authority annually determines Affordable Rents (including u tility allowances) based on
changes in Area Median Tncome and utility allowances, and Owner shaJI obtain a copy of the schedule from
Marin Housing Authority.
3.2 Increased Income of Tenants .
A. Increase from Low -1,pcome to at or below Median Income. u: upon annual
recertification ofa Tenant's Household Income, the Owner determines that a fonner 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 thirty (30) days written notice to the Tenant, the Tenant's rent may be
increased to Affordable Rent for Median lncome Households.
B. Increase from Low Income, or Median Income to Above Area Median Income. If,
upon recertification of a Tenant's Household Income, the Owner determines that the Tenant's Household
Income has increased and exceeds the qualifying income for a Median .Income Household, then the T enant
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 Owner but not to exceed Rent for a comparable Market-Rate Unit; and (ii)
Tenant shall vacate the Affordable Unit six (6) months from tbe date of the notice or upon expiration of the
Tenant's lease, whi chever is later. If, prior to the date by which the Tenant must vacate the Affordab le Unit,
another Unit is vacated which is not designated as an Affordable Unit and is of appropriate bedroom size, the
Owner may, at the Owner's option, request the City to approve a change in the location of the Affordable Un it;
allow the Tenant to remain in the original Unit; and designate the newly vacated Unit as an Affordable Unit if
approved by the City.
3.3 Agreement to Limitation on Rents. The Development has received Incentives from the City
under the D ensity Bonus Law and the Density Bonus Ordinance, which is a form 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 an Owner has received such
assistance, certain provisions of the Costa-Hawkins Act do not apply if an Owner has so agreed by contract.
The Owner he reby agrees to limit Rents as provided in this Agreement in consideration of the Owner's receipt
of the Incentives and further agrees tbat any limitations on Rents imposed on the Affordable Unit are in
confonnance with the Costa-Hawkins Act. The Owner further warran ts and covenants that the terms of this
Agreement are fully enforceable.
3 .4 Lease Provisions. The Owner shall use a form of T enant lease (the "Tenant Lease") approved
by the City for the Affordable Unit. The City shall not withhold approval from any fonn that:
A. provides that the Tenant's Household Income is subject to annual certification;
B. provides for tennination of the lease for failure: (1) to provide any information
required under this Agreement or reasonably requested by the Owner to establish or recertify the Tenant's
qualification, or the qualification of the Tenant's household, as rui Eligible Household in accordaoce with this
Agreement, or (2) to qualify as au Eligible Household as a result of any material misrepresentation made by
such Tena nt with respect to the Household Income computation or certificatio n;
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C . provides that the Rent may not be raised more often than o nce every twelve (12)
m onths. The Owner will prov id e each Tenant with at least sixly (60) days written notice of any increase in
Rent applicable to s uch T e nant;
D . prohibits subleasing of the Affordable Unit o r any portion of th e Affordable Unit or
any spaces reserved for the use of the Tenant, co ntain nondiscrimination prov is ions , and includes the Tenant's
obligation to inform the Owner of any need for maintenance or repair;
E . includes reasonable rules of conduct co nsiste nt with Cali fomia law;
F. al lows tern1 in ation of the tenancy only for an increase in Tenant 's Household Income
above qualifying income fo r Low Income H o useholds or for good cause, inc luding vio lation of the te1n1s and
conditions of the Tenant L ease, v io latfons of applicable federal, state, or local law, or other good cause;
G . includes at Owner's o ption, the obh gation for Tenant to prov ide a security depos it n ot
exceeding one months' rent.
4. Income Certification, Reportiog, and Annual Fee.
4.1 Prohibition on Discrimination in Tenant Selection (Section 8 Vouchers and Certificate
Holders). The Owner will review applications fr om prospective tenants of the Afford.:ib le Unit, on the same
basis a s all other prospective tenants , of persons who are recipients of federal certificates for rent subsidies
pursuant to the existing h ousing program und er Section 8 of the United States Housing A ct or any su ccessor.
T he Owner shall not apply selection criteria t o Section 8 certificate or voucher hold e rs that are more
burdensome than criteria app li ed to all other prospective tenants for the Afforda ble Unit, nor shall the Owner
a pply or permit the application of management po li c ies or lease provisions with respect-to th e Development
which have the effect of precluding occu pancy of Affordable Unit by such prospectiv e t enants.
4.2 Income Certification. Upon initial occupancy and annua lly th e reafter, the Own er will obtain,
complete and maintain on file H ou seh o ld In come certifications (Exhibit C), or a s imilar fonn as may be
approved by the City, for each Tenant re nting th e Affordab le U nit. O wner shall make a good faith effor t to
verify that the H ouseh old Income certifications provided by a Tenant is accurate by truc in g two or more of the
fo llowin g steps as a part of the verification process for a ll members of the Tenant household age eighteen (1 8)
or olde r: (a) obtaining a minim.urn of the three (3) most current pay stubs; (b) obtaining an income tax return
fo r the most recent tax year in c luding copies of any income tax r eturns where the T enant is cl aimed as a
dependent; (c) conducting a credit agency or similar search ; (d) obtaining the three (3) most cmrent savings
an d c hecking a ccount bank statements; (e) obtaining an income verification form from a current employ er; (f)
o btaining an income verificati on fonn from the Social Security Administration and/or t he California
Department of Social Services if an adult me mb e r of the Tenant's household receiv es assistance from either of
such agenc ies ; or (g) if the Tenant is unempl oyed and has no such tax return, obt ain another fonn of
independent verification . The Owner sh all m aintain copies of annual Household Income certifications and to
maintain that forn1 on fi le for a minimum of five years and sha ll permit the City or the ir designee to inspect the
househ o ld income ce1iifi.cations at the Own er's office up o n three days' notice. The Owner shall provide any
additional in formation reasonably requested by the C ity or its desig nee.
4.3 Annual Report. The Owner shall s ubmit to the City and M arin H ousing Authority by June 30
of eac h year a report, in a form prescribed by or otherwise acceptable to the City, verifying com pliance by
Owner with th e tenns of this Agreement and certi fie d as correct by the Owner unde r penalty of perjury. Exhibit
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_Q_ Certification of Continuing Comp li ance, or a similar fo rm as may be approved by the City, may be used to
meet this requireme nt. The annual report shall iuclude without limitation the following information:
A . Certifications of e ligibility for aU Tenants of the Affol'dab le Unit at the t ime of initial
occupancy and upon the yearly aru1iversary of their continuing tenancies.
B. Verified Household Income statements. Owner 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 Owner is not charging any fee other than Affordable Rent to T enants
of the Affordable Unil' for all the components of Rent defined in Section 1.1 above.
F . Other information reasonably required by the City.
4.4 Other Reports. Within fifteen (15) days after receipt of a written request, Owner shall provide
any other infonnatio.o or completed forms requested by the City or Marin Housing Authority to en s ure
compliance with this Agreement.
4.5 Records. The Owner shall maintain complete, accurate, and cu1Tent records pertaLning 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 househo ld size of Tenant households .
4 .6 Annual Monitoring fee. The Owner agrees to pay to the City during the Density Bonus Term
an annual monitoring fee payable on or before June 30 of each year as establ ished by th e City . The initial
annual monitoring fee is shown on Exhibit D .
5. Commence~ent of Density Bonus Term. The Density Bonus Term shall commence oo the date that
the Owner, City, and Marin Housing record a Notice stating that the Affordable Unit is rented and occupied by
an Eligible Household. Such notice shall identify the beginning and end dates of the Density Bon us T enn
(Exhibit E).
6. Management of Property and Property Maintenance.
6. J Management Responsibi Ii ties. The Owner is responsible for aJJ managem.ent functions with
respect to the Development, including, without limitation, the arumal 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 Unit, evictions, collection of Rents and deposits, maintenance, landscaping,
routine and extraordinary repairs, replacement of capital items, and security. Th e City and Marin Housing
Authority shall have n o responsibility over management of the Development.
6 .2 Property Maintenance. The City places prime importance on quality maintenance to ensure
that all developments wjthin the City which include affordable housing units are not allowed to deteriorate due
to below-average maintenance. Owner shall provide the Affordable Unit with the same level and quality of
maintenance, including performance ofrepa.irs and periodic replacement of fixtures, as the Market-Rate Units.
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Tbe Owner 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 applicab le
laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental
agencies and bodies having or clairningjurisdiction and a]J their respective departments, bureaus, and officials.
6.3 Remedies. In the event that the Owner breaches any of th e covenants contained in this Section
6 and s uch default continues for a period of ten (10) days after written notice from the City s pe cifying the
nature of the breach with respect to graffiti, debris , waste material or a heal th or safety violation, or thirty (30)
days after written notice from the C ity specifying 1he nature of.the breach with r espect to general maintenance,
landscaping and building improvements, then the City, in addition to whatever other remedy it may have at law
or in equ1 ty, shal l bave the right (but is not required) to enter upon the Property after ten (I 0) days' prior written
notice to the Owner describing the nature of the City's intended actions ·and to perfonn or cause to be
performed all acts and work necessary to protect, maintain, and preserve the improvements and landscaped
areas on the Property, as specified iri a correction plan approved by the City, and to attach a Jien on the
Property, or to a<;sess the Property, in the amount of the expenditures incurred by the City o r its agents arising
from such acts and work of protection, maintenance, and preservation by the City and/or costs of such cure,
plus an administrative charge equal to fifteen percent (15%) of the amount of such expenditures (the
expenditures plus the admi11istrative charges are the "Correction Costs "), if Owner does not remit the f-t.111
amount of the Correction Costs to the City within thirty (30) days after City notifies Owner of the full amount
of the Correction Cos t·s.
6.4 Taxes and Assessments. Owner shall pay all real and personal property taxes , assessments, if
any, and charges and all franchise, 1ncome, employment, old age benefit, withholding, sales, and other taxes
assessed again st it, or payable by it, at such times and in such manner as to prevent any penalty from accruing,
or any l ien or charge from attaching to the Property; provided, h owever, that Owner shall have the right to
contest in good faith, any ·s uch taxes, assessments, or charges. In tb e even t Owner exercises its right to contest
any tax, assessment, or c harge against it, Owner, on final determination of the proceeding or contest, shal l
immediately pay or discharge any decision or judgment rendered againstit, 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 Owner under Density Bonus Law shall terminate and the terms of this Agreement shall
terminate and be ofno further force and effect.
7. Enforcemeot
7.1 Covenants Running with the Land. The City, Marin Housing Authority, and Owner hereby
declare their express intent that the covenants and testrictions set forth .Lil this Agreement shali apply to and
bind Owner and its heirs , executors, administrators, suc~essors, transferees, and assignees having or acquiring
any right, title or interest in or to an)' p art of the Property and shall run with and burden such portions of the
Property until terminated in accord ance with Section 7.2 . Until all or portions of the Property are expressly
released from the burdens of this Agreement, each and every conh·act, deed or other instrument hereafter
executed covering or conveying the Property or ,my portion thereof shall be held conclusively to have been
executed, deliveJ"ed, and accepted subject to such covenants a nd restrictions, regardless of whet.her such
covenants or restrictions are set fort h 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 Prope1ty prior to completion and sale of the Affordable
Unit, title to all or any portion of the Property shall be taken. s ubject to this Agreement. Owner acknowledges
8
that comp liance with this Agreement is a requirement of Density Bonus Law and the Project Approvals, and
th at no event of foreclosure o r trustee's sale may remove these requjrements from the Property.
7.2 Release of Property from Agreement.
A. Prior to the expiration of the Density Bonu s Te1m, Owner shall provide all
notifications required by Government Code Sections 65863. IO and 65 863 .11 or successor provisions and any
other notification required by any state, federal, or local law.
B. Upon the expiration of the Density Bonus Tem1, City and Marin Housing Authority
shall execute and record a relea se of the Development, the Property, and each Unjt in the Development from
the burdens of this Agreement within thirty (30) days following written notice from the Owner, if at the ti.me
the Owner is in compliance with all tenns of this Agreement.
7.3 Default. Failure of the Owner to satisfy any of Owner's obligat ions under the terms ofthjs
Agreement with.in thirly (30) days after the delivery of a notice of defaull from the City will constitute a default
under·this Agreement and a failure to satisfy the Project Approvals and Density Bonus Law. 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 availab le to it, includiug but not limited to:
A. withholding, conditioning, sus pending or revoking any pennit, license, subdivis ion
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 Owner, 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 m connection with such a vio lation ;
C . where one or m ore persons have received financial benefit as a result of violation of
this Agreement or of any requirement imposed under the Dens ity Bonus Law, instituting legal action to recover
as ue cessary, a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the beuefit received;
D. requiring the Owner or his/her successors in interest to the Property to pay the City
Rent o r any other payment received by the Owner 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.
7.4 Remedies Cumulative. No right, power, or remedy given to the City or Marin Housing
Authority by the terms of this Agreement or Density Bonus Law is intended to be exclusive of any other ri ght,
power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to
every other ri ght, power, or remedy given to the City by the terms of this Agreement, Dens ity Bonus Law, or
by any statute or ordinance or othe1-wis e against Owner 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 thereat nor shall any single o r partial exercise by the C ity or Marin Housing Authority of any such right
or r emedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
9
7 .5 Attorney's Fees and Costs. If e ith e r party initiates an action to enforce its rights under the
Agreement and elects at the in i tiatio n of th e act.ion to seek the recovery of attorneys' fees, th e p,revailing party
in such an action shall be entitled to an awa r d of reasonable attorneys' fe es and costs ·in addition to any other
recovery under this Agreement.
8. General Provisions
8. l Appointment of Other A gencies. At its sole disc retio n , th e City may designate, appoint or
contract with any other publ ic agency, for-profi t o r non -profit o r ganization to perform some or all of the City's
obligations under this Agreement.
8.2 Record s. Owner shall retain all r ecords related to compliance with obligations under this
Agreement for a period n ot less than five (5) years fro m the date of origination of s uch records a:od make them
available to City or Marin Housing Authority e mpl oyees or others designated by the C ity for insp ection and
copying on five (5) business days' written notice. The City and Marin Housing Authority s ha ll be entitled to
m onitor compli ance with this Agreement and Density B on us Law, and Owner shall cooperate with City
monitoring, includ ing o btaining Tenant Rent and House ho ld Income verification upon request of the C ity .
8.3 N ondisc ri mination . The Affordable Unit sha ll be availabl e for occu pancy to members of the
gen eral public. T he Owner shall n ot give preference t o any panicular c l ass or group of persons in renting the
Afford able Un it, except to the extent that the Affordable U nit is required t o be rented to Eligible Households
and as required by this Agreement, including, with out limitati on, as s et forth in Section 3 above; provided,
however, there s hall be no discrim ination 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 in.come (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 Owner or any person c laiming under or through the Owner ,
establish or pem1it any such practice or practices of discri.'J.trin.ation or segregation w ith reference to the
se lection, location, nwnber, use, or occupancy of T enants of any Unit or in.connection with the employment of
persons for the construction, operation and management of the Devel opment.
8.4 Hold Hann.less . Owner will indemnify and hold h armless (without limit as to amount) City and
M arin H ous in g Authority and their elected officials, officers, employees and agents in their officiaJ capacity
(hereinafter collectively referre d to as "lndernnitees"), and any of them, from and against allloss, all risk ofloss
and all damage (inclu ding expense) sustai ned or incurred because of or by reason of any and all claims,
demands, su its0 acti o ns , judgments and executions for damages of any and every kind and by whomever and
whenever made or obtained, al legedly caused by, arising out of o r relating in a o.y manner to the Development,
the Affordable Unit, or Owner's performance or non-perfonnance under this Agreeme nt, including claims
pursuant to California Labor Code Section 1 720 et seq., an d s hall protect and defend Indemnitees , a nd any of
th em with respect the reto, except to the extent arising from the acti ve n eg ligency, sole neglige nce o r willful
misconduct of the Indemnitees. T he provisions of this Section s hall survive exp iration or other termination of
this Agreeme nt or any releas e of p a1t or all of the Property from the burdens of this Agreement, and the
provisions of this Section shall remain in full fo r ce and effect.
8.5 Notices. All notices required p LIIsuant to thi s A greement s hall be in writing and ma y be given
by per son a l delivery or by registere d o r ce1tifi ed mait return receip t requested, to the P arty to receive such
no tice at the addressed set forth be low:
To the City:
T o the Owner:
To Marin Housing Authority:
City of San Rafael
Community Development Dep aitment
J 400 Fifth A venue
San Rafae~ Ca 94915-1560
[gn offo F amily T rust
Marin H ousing Authority
Executive Director
402 0 Civic Center Drive
San Rafael, CA 94903-4173
Any party may change the address to which n otices are to be sent by noti fy in g the other parties of the
new address, in the manner set forth above.
8.6 Integrated Agreement. This Agreement constitutes the entire Agreement between the Parties
and uo modification hereof shall be binding unless reduced t o wri6ng and s igned by the Parties hereto.
8.7 Each Party's R ole in D rafting the Agreement. Each Party to this Agreement has had an
opportunity to review the Agreement, confer w ith legal counsel regarding the meaning of the Agreement, and
negotiate revisions to the Agreement. Accordingly, n either Party shall rely upon Civil Code Section 1654 in
order to interpret any tmcertainty in the meaning of the Agreement.
8.8 Amendment of Agreement; Approvals and Consents.
A . Amendments to this Agre ement, including any proposaJ to change any condition of
the Project Approvals, s hall be subject to the review and approval of the decision-making body which
approved t he Development. No amendment may be approved that is inconsisteut wi th State law, the San Rafael
Municipal Code, or any adopted affordab le housing guidelines. U p on ap p roval, a new Agreement or
amendments to this Agreement, as appropriate, s hall be executed and r ecorded.
B . The City has authorized the City Manager to execute this Agreement and has
author ized the City Manager to deliver such aJJprovals or consents as are required by this Agreement. Marin
H ousing Aut hority has authorize d the Executive Director to execute this A greement and has authorized
Execut ive Director to deliver such appro vals or co nsents as are require d by this A gre ement Any consents or
approvals required under this Agreement shall n ot be unreasonably withheld or made, unless it is specifically
provid ed that a sole discretion standard applies.
C. This Agreement., and any section, subsection, or covenant contained herein, may be
amended o nJy upon th e written consent of th e City, Marin Housin g Autho rity, and the Owner.
8.9 No Claims. Nothing contained in this Agreement shall c reate o r justify any c laim against the
City o r Marin Housing Authority by any person that Owner may have employed or with whom Owner may
have contracted relative t o the purc h ase of materials, s upplies or e qui pment, or the furnish in g or the
performance of any work or services with respect to the Property o r the construction of the Deve lopment or
co ns truction of the Affordable U nit.
11
8.10 Applicable Law and Venue. This Agreem ent shall be governed by California law. V enue fo r
any dispu te a ris ing ou t of this Agreement shall be Marin County.
8.1 I Waivers. Any waiver by the City or M arin Housing Authority of any o bligatio n or condition
in this Agreement must be in writing. No waiver will be implied fr o m any delay or failure by the City or Marin
Hou s ing Authority to take action on any breac h o r defau lt of Owner or to pursue any remedy allowed under
thi s A gree m ent o r app licable law. Any extension oftim e granted to Owner to perform any obligation under
this Agreement sha ll not operate as a waiver or release from any of its obl igations under this Agree m ent.
Consent by the City or Mari.n Hous ing Authority to any act or omission by Owner shall not be construed to be
consent to any other or subsequent act o r omission or t:o waive the requirement for Marin Housing Authority's
or the City's wri tten consent to future waivers.
8.12 I.it le of P arts and Sect ions. Any titles of the sections, subsecti ons, o r subparagraphs of this
Agreement are inserted for convenience of reference only and shall be disregarded in interpretin g any part of
the Agreem e nt's provision s.
8.13 Multiple Originals; Counterpart. This Agreement may be executed in multip le originals, each
of which is deemed to b.e an original, a nd may be s igned in cow1terparts.
8.14 Recording of A greement. T h is Agreeme nt shall be recorded against the P roperty in the
Official Records of tbe County of Marin prior to the re cordation of any parce l map o r final s ubdivision map or
issuance of any building permit for tbe Devel opment, whichever occurs firs t.
8 .15 Severa bility . In th e event any limitation , condition, restric ti on, covenan t, or provmon
contained in this A greemen t is to be hel d invalid, void or unenforceable by any court of competent j urisd iction,
the remainin g portions of th is Agreement shall neve1ihe less be and remain in full fo rc e and effect.
12
9 . Exhibits. The following exh ibits are attached to this Agreement:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Legal Description of the Property.
Unit Description and Sample Calculation of Affordable Rent.
Household Income Ce.rtification.
Certificate of Continuing Compliance.
Notice of Commencement of Density Bonus Tenn
13
IN WITNESS \¥HEREOF, the parties hereto have caused this Agreem ent to be executed as of the day
and year first above written .
OWNER:
Ignoffo Family Trnst
By:
MARIN HOUSING AUTHORITY:
Housing Au thority of the County of Marin, a public
body, corporate and politic, created under the Housing
Authority Law of the State of Califom.ia
By: ___________ _
Lewis A. Jordan, Executive Director
CITY:
City of San Rafael, a municipal corporation
By: --------------
J im Schutz, City Manager
ATTEST:
L indsay Lara, City Clerk
APPROVED AS TO FORM:
Robert F . Epstein, City Attorney
14
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
on /(; /,l/ /,:;:J-t /t) before me, Brenna Kathleen Nurmi --, ..... -,.,lf ........... -7~-------+~---(insert name and title of the officer)
personally appeared A h ,
who proved to me on the basis of satisfactory evidence to be the eersoI s hos name re
subscri b to the within instrum~t and acknowledged to me that.,~e a executed the same in
~r/ ei uthorized capacit ie~, and that by~r/i e1 , signaturq!fs) on the instrument the
perso (s) or the entity upon betia f of which the person ~ acted , execlired the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
{Seal)
········1 BRENNA KATHLEEN NURMI
N0 tary Public• Ca~iforn ia '•' : ,-
Marin (oijnty ''
A notary public or otber officer completing this certificate verifies onlythe identity of the
individual wbo signed the document to which this certificate is attached , and not the
truthfulness, accuracy, or validity of that document.
STA TE OF CALIFORNIA
COUNTY OF MARIN
On ________ _, before me,-----------~ Notary Public,
personally appeared ________________ _, 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/tl1ey executed the same in his/her/their authorized capacity(ies), and that
by bis/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted , executed the instrwnent
I certify UNDER PENAL TY OF PERJURY under the laws of the State of California that the
forego:ing paragraph is irne and conect.
WITNESS my hand and official seal .
Name : ---------------
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the docu1nent to which this certificate is attached, and not the
truthfulness , accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MARIN
On --------~ before me,-----------~ Notary Public,
personally appeared _________________ _,, 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 instTUment the person(s), or the entity upon behalf of which the
persoo(s) acted, executed the instrument.
l certify UNDER PENAL TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and conect.
WITNESS my hand and official seal.
Name :
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which thi s certificate is attached, and not the
truthfulness , accuracy, or validity of that document.
STA TE OF CALIFORNIA
COUNTY OF MARlN
On--------~ before me,-----------~ Notary Public,
personally appeared ----------------~ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the w ithin 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 UND ER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph -is true and conect.
WITNESS my hand and official seal.
Name: ---------------
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
"Lot #9, Block C, San Rafael Development Company Subdivision"
(Rl\'1 Bk 2, Page 116)
211-215 BELLE AVENUE
APN O 14-065-05
J
211-215 BEL LE A V ENUE
APN 014-065-05
• NORT H
EXHIBIT 8
UNIT DESCRIPTION AND SAMPLE CALCULATION OF AFFORDABLE RENT
TOTAL NUMBER OF VERY LOW AND LOW INCOME UNITS: One
One 1 Bedroom un lt@ Low Income.
ALLOWABLE RENT CALCULATION (MAXIMUM RENT): Housing expense includes
utility allowance per schedule below (allowances from Marin Housing). Low Income is
60% of Area Median Income . The rent will be calculated based on a two person
household, regardless of the actual size of the household . Actual households can
exceed the household size indicated but the rental calculation will not change .
For example, using the 2019 Area Med ian Income such calculatl on would be as follows:
The One Bedroom Housing Expense shall not exceed 1/12 of 30 % of 70% (Low
income).
The maximum qualifying tenant income is 70% of Area Median Income for Low income
or a lesser income as defined by the Owner .
Household Size 2 Person
Un lt Type 1 BRM
Median Income 109,450
70% 76 ,600
Monthly Income 6,385
30% of Income 1,915
Monthly Utility
Allowance (51)
Allowable Rent 1,864
B-l
EXHIBIT C
HOUSEHOLD INCOME CERTIFICATION
SAN RAFAEL BELOW MARKET RATE RENTAL MONITORING PROGRAM
Project Name : 211-215 Belle Avenue Date: -------
MONTHLY RENT $ ------
OCCUPANT/HOUSEHOLD NAME : ___________ _
TOTAL HOUSEHOLD GROSS ANNUAL INCOME : --------
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 ass istance , as reported as gross income for federal i ncome 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 t he persons
lis ted below :
Name of household Relationship to Age Place of Employment/Source
member 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 . ·
Occupant-Head of Household
Date : -------
PROPERTY OWNER TO MAINTAIN THIS DOCUMENT FOR FIVE YEARS FOR INSPECTION
PURSUANT TO AGREEMENT WITH THE CITY
EXHIBIT "D"
CERTIFICATION OF CONTI NUING COMPLIANCE
SAN RAFAEL
BELOW MARKET RATE RENTAL UNI T AGREEMEN T MONITORING PROGRAM
Certification Year: 2019 Number of Units at: % of Median : Date : _____ _
Project Name: 211 -215 Belle Avenue 0 Very Low 50%
Owner: lgnoffo T rust 1 Low 70%
Address: 211-215 Belle Avenue, San Rafael, CA O Moderate 80% Annual Monitoring Fee :
The undersigned , in acordance with the City of Sa n Rafael BELO W MARKET RATE AG REEMENT for this Project, hereby certifies that during the preceedi ng twelve (12) months , the
following units were occupied i n acc ordance with the AGREEMENT and does hereb y further ce rtify that t he representat ions set fort h herei n are t rue and correct to the best of the
undersigned's know ledge.
Type Rent Class
Resident (studio, 1 (% of Reg . Rent
Apt.# Resid ent SS N# bd rm , etc .) Median) Max .
o/o of Median Income
Occu-
pants 50% Income Monthly Ren t Occupants 70% Income Mon th ly Rent
; 1
2 2 $76,6 15 .00 $1 ,864 .00
3 3
4 4
Notes Nu mber matches the number in the Note column above
2
Attach additional sheets if necessary .
Contact Pe rson :
Add res s :
Em ail :
Status # of
Scheduled (Rented or Oc cu pancy Resi -Max. Income Certified
Rent Vacant) Date dents f or Residents Income Note
Util ity A llowance
Occupants 80% Income Monthly Rent Un it Type Allowance
1 Studio
2 1 Bdrm $51 .00
3 2 Bdrm
4 3 Bdrm
Phone :
Fax:
Owner's Si gnature: _______________ _
RECORDING REQUESTED By and
WHEN RECORDED MAIL TO :
City of San Rafae l
Attn : City Clerk
1400 Fifth Avenue
San Rafael , Ca 9490 1
No fee for recording pursuant to
Government Code Section 27383
EXHIBITE
NOTICE OF COMMENCEMENT OF DENSITY BONUS TERM
A. The CITY OF SAN RAli'AEL , a municipal corporation ("City"); the HOUSING
AUTHORITY OF THE COUNTY OF MARIN, a public body , corporate and po .litic, created tuider the
Housing Authority Law of the State of California ("Marin Housing Authority"); and IGNOFFO
FAr\flLY TRUST or any successo r io interest C'Developer"), collectively the "Parties," entered into that
certain Regulatory Agreement and Declaration of Restr ictive Covenants executed on
--------and recorded in the Official Records of the County of Marin, California (the
"Official Records") on _______ as Document No .. ______ (the "Affordability
Restrictions") as to the property located in the City at 211 -2 15 Belle Avenue and described in EX1IIBIT
A attached hereto and incorporated by reference h e rein (the "Property"). The Affordability Restrictions
are an eq uitable servitude and covenant running against the land for the benefit of the City . All capitalized
terms not otherwise defined in this Notice of C ommencement s hall have the meaning ascribed to them in
the Affo rdability Restrictions .
B. Section 5 of the Affordability Restriction s provides that the Density Bonu s Term, as
defined in the Affordability Restrictions , shall commence on the date that this Notice of Commencement
is recorded in the Official Records.
NOW, THEREFORE, the Parties hereby declare as follows:
1. The Affordable Unit has been re11ted and is occupied by an Eligible Household .
2 . The beginning date of the Density Bonus Tenn is . The Density Bonus --------
Te rm shall terminate on 55 years from the date of this Notice .
Signatures on.following page
1
OWNER:
Ignoffo Family Trust
MARIN HOUSING AUTHORITY;
Housing Authority of the County of Marin, a public
body , corporate and politic, created tmd er the
Housing Authority Law of the State of California
By : ______________ _
Lewjs A. Jordan, Executive Director
2
CITY:
City of San Rafael, a murucipal corporation
By: -------------Jim Schutz, City Manager
ATTEST:
L indsay Lara, City Clerk
APPROVED AS TO FORM:
Robert F. Epstein, City Attorney
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 )
On __ l ... l_1.,_u_..l""d ..... t_/_n ____ before me, _B_r_en_n_a_K_a_th_le_e_n_N_u_rm_i -------' /1 ¥r --1-.(insert name and title of the officer)
. 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..
(Seal)
t ft ::. : ft :E;NtKA~L~N ~U;I ft I
~ j """ '_ Notary Publi c · Cal iforn ia z ! -Marin County !
, Comm iss ion ; 2297544
,,;,. ~,• My Comm . Exp ires Jul 18 , 2023
A notary public or other officer completing this certificate verifies on ly the identity of
the individual who si:gned the docwnent to which this certificate is attached, and not
the truthfulness, accuracy , or validity of that document.
STATE OF' CALIFORNIA
COUNTY OF MARIN
On before me, ____________ , Notary Public, _personally
appeared ----------------~ who proved to me on the basis of satisfactory
evidence to be the pers on(s) whose name(s) is/are subscribed to the within i nstrnment and acknowledged
to me that he/she/they e xecuted the same in his/her/their autb.mized capaciLy(ies), and that by h i s/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 aud correct.
WITNESS my hand and official seal.
Name:
Notary Public
3
A notary public or other officer completing this certificate verifies only the identity of
the individual who si gned 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 _________ , before me, ___________ , Notary Public, personally
appeared ----------------~ who proved to me on th e 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 PENAL TY 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:
Nota1y Public
4
A notary public or other officer compl'eting 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 ----------..J before me , ------------~ Nota1y Public, personally
appeared who proved to me on the basis of satisfactmy
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aclrnowledged
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 ,
exec uted the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WJTNESS my hand and official sea l.
Name:
s
885\01\20952 19 , l
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
"Lot #9, Block C , San Rafael Development Compa ny Subdivision"
(RM Bk 2, Page 116)
211-215 BELLE A VENUE
APN 014-065-05