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Home My WebLink AboutContracts & Agreements_193-2017 Electronically Recorded in Official Records,County of San Bernardino 9/2012017 BOB DUTTON N 43 AM NC ASSESSOR RECORDER CLERK RECORDING REQUESTED BY J 367 City of Redlands Clerk AND WHEN RECORDED MAIL TO Doc# 2017-0387901 Tales 1 Pages 7 City Clerk Fees 00 City of Redlands Taxes 00 P O Box 3005 Other 00 PAID 00 Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103DENSITY BONUS AND INCENTIVE AND/OR CONCESSION AGREEMENT This Housing Incentive and/or Concession Agreement("Agreement") is entered into as of this 19th day of September, 2017, by and between the City of Redlands, a California municipal corporation ("City"), and the Redlands Supportive Housing, L P , a California limited partnership ("Developer") City and Developer are each sometimes individually referred to herein as a"Party" and, together, as the"Parties " RECITALS A Developer proposes to construct an eighty (80) dwelling unit housing project ( the "Project") located on approximately 4 7 acres of real property in the City of Redlands, California, on property which is more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference ("Property") B Developer represents that all of the dwelling units (collectively, the "Affordable Units") comprising the Project shall be made available to the public as "Affordable Housing," as that term is defined herein, for a minimum time period of fifty-five (55) years C City has approved and granted to Developer certain entitlements for the Project, including Zone Change No 448 and Conditional Use Permit No 1045, including the conditions of approval related thereto (collectively, the `Entitlements") The Entitlements are hereby incorporated fully into this Agreement as if set forth at length herein D Provided that Developer complies with all of the requirements of California Government Code section 65915 et seq , Developer is eligible to obtain certain incentives and/or concessions, including the waiver or reduction of City development standards, from the City NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows AGREEMENT 1 Recitals The foregoing recitals are true and correct, and are incorporated herein as a substantive part of this Agreement 2 Minimum Affordability Requirements Developer shall develop, or cause to be developed, an 80 unit housing project on the Property in accordance with the Entitlements and the I\ca\dpn\Agreements\Density Bonus and Incentive and or Concession Agreement Redlands Supportive Housing L.P docx 1 restrictions and conditions of this Agreement Developer covenants and agrees it shall rent not less than twentv percent (20%) of the units at the Project as Affordable Housing, all of such units (the "Low Income Units") shall be made available for rental to Lower Income Persons The rental restrictions and conditions described in this Agreement shall run with the land and shall be binding on all successor owners of the Property City is given the express authority by Developer to enforce the restrictions and conditions described in this Agreement 3 Definitions The following terms when used in this Agreement shall have the meanings ascribed to them A "Affordable Housing" means apartments rented to persons at an Affordable Rent B "Affordable Rent" has the same meaning as set forth in California Health and Safety Code section 50053, for the applicable income level, adjusted by household size C "Density Bonus Law" means California Government Code section 65915 et seq D "Lower Income Persons" means persons earning no more than the income set forth foi "Lower Income Households" under California Health and Safety Code Section 50079 5 4 Development Incentive and/or Concessions Pursuant to the Density Bonus Law, Developer has requested, and was granted as an incentive and/or concession, City's waiver of Developer's compliance with the minimum dimensions of private open space and the separation requirements between buildings and carports, as part City's approval of the Entitlements for the Project 5 No Further Incentives or Concessions Developer acknowledges and agrees that the Incentive and/or concessions set forth in Section 5, above, fully satisfies any duty City may have under the Redlands Municipal Code, the Density Bonus Law, or any other law or regulation applicable to the Project, to provide any development incentive or concession to Developer, including the waiver or reduction of any building,zoning,or other requirement By this Agreement, Developer releases any and all claims Developer may have against the City related to or arising from, in any way, City's obligation to waive requirements of or provide development incentives or concessions pursuant to any state, federal, or local law,rule, or regulation applicable to the Project 6 Term. The Term of this Agreement shall be fifty-five(55) years commencing upon the date of the City's issuance of the first certificate of occupancy for an Affordable Unit for the Prod ect 7 Al4reement to be Recorded, Prioritv This Agreement shall be recorded,prior to the issuance of building permits for the Project, in the Official Records of San Bernardino County, California as senior, non-subordinate covenants and as an encumbrance running with the land for the full Term of this Agreement In no event shall this Agreement be made junior or subordinate to any deed of trust or other document providing financing for the construction or operation of the I\ca\dpn\Agreements\Density Bonus and Incentive and or Concession Agreement Redlands Supportive Housing,LT docx 2 Project or any other lien or encumbrance whatsoever for the entire fifty-five(55) year Term of this Agreement Notwithstanding anything to the contrary herein, the City shall have the discretion to subordinate this Agreement to regulatory restrictions of public lender(s) restricting occupancy of units in the Project to Affordable Housing Upon a determination by the City Manager that the conditions in this Section have been satisfied, the City Manager or the City Manager's designee will be authorized to execute the approved subordination agreement without the necessity of any further action or approval by the City Council 8 Liquidated Damages Developer acknowledges that the City is implementing the goals objectives and policies of the City's General Plan Housing Element, and that City has granted an incentive and/or concession to Developer in recognition of Developer's designation of 20% of Project units as Affordable Housing If Developer does not rent the units as Affordable Housing in accordance with the provisions of this Agreement, Developer shall be in default of this Agreement and City will suffer damages However, it is extremely difficult and Impractical to ascertain the extent of the damages to City, therefore, in addition to any other legal or equitable remedies, City may have, Developer and City agree that if the Affordable Housing units in the Project is not rented as Affordable Housing in accordance with the provisions of this Agreement,as liquidated damages, City shall be entitled to recover from Developer the amount of any rents received by Developer from any units in excess of the Affordable Rent 9 Defaults and Remedies City shall have the right to specifically enforce each and every covenant, condition, restriction, and provision in this Agreement and Developer hereby agrees and acknowledges that money damages are an inadequate remedy for any default under this Agreement 10 Attorney's Fees In the event any action is commenced to enforce or Interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorney's fees, including fees for use of in-house counsel by a Party 11 Time Time is of the essence in this Agreement 12 Notices Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Agreement must be in writing and may be given either by(i)personal service,(H)delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (Iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below, or at any other address as that party may later designate by Notice Owner Redlands Supportive Housing, L P City City of Redlands 3701 Wilshire Blvd, Suite 700 35 Capon Street Los Angeles, CA 90010 Redlands, California 92373 Attention City Clerk Such addresses may be changed by notice to the other party given in the same manner as provided above I\ca\djm\Agreements\Density Bonus and Incentive and or Concession Agreement Redlands supportive Housing L P docx 3 13 Third Partv Beneficiaries The Parties acknowledge and agree there are no third party beneficiaries of this Agreement Agency shall have full right and ability to enforce each and every covenant and restriction in this Agreement No other person or entities shall have any right of action hereunder 14 Successors and Assivns This Agreement shall run with the land, and all of the terms, covenants and conditions of this Agreement shall be binding upon Developer and City and the permitted successors and assigns of Developer and City Whenever the terms "Developer" or "City" are used in this Agreement, such terms shall include any other successors and assigns as herein provided 15 Partial Invalidity If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired 16 Governmiz Law This Agreement shall be construed in accordance with and be governed by the laws of the State of California Any references herein to particular statutes or regulations shall be deemed to refer to successor statutes or regulations, or amendments thereto 17 Amendment This Agreement may not be changed orally, but only by an agreement in writing signed by Developer and City IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above DEVELOPER REDLANDS SUPPORTIVE HOUSING, L P , a California Limited Partnership By Its C t '�e: f\\''— i 't THE CITY OF REDLANDS, a California municipal corporation By 1 X�E Paul W Fos , Mayor ATTEST Mine Donaldson, City Clerk I\ca\djm\Agreements\Density Bonus and Incentive and or Concession Agreement Redlands Supportive Housing LP docx 4 EXHIBIT A DESCRIPTION OF SUBJECT PROPERTY That real property located in the State of California, County of San Bernardino, City of Redlands, and described as follows APN 0169-021-19 SMITH TRACT N 1/2 LOT 2 EX W 198 FT THEREOF AND N 1/2 LOT 1 EX S 185 FT E 250 FT THEREOF AND EX W 120 FT E 233 FT N 164 FT MEAS FROM INTERSECTION CEN LI W LUGONIA AVE AND TEXAS ST I\ca\dpn\Agreements\Density Bonus and Incentive and or Concession Agreement Redlands Supportive Housing I P docx 5 J 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 L..C>'- On (-,D\ k0i, 1"1 before me, -Z)lv^a Yctk Q1CJ � (insert name and title of th"office personally appeared C---kcac. who proved to me on the basis of satisfactdr� evidence to be the personN whose nameN is/ah, subscribed to the within instrument and acknowledged to me that t-,/she/they executed the same in `Tis/her/their authorized capacity(it�Q, and that by his/her/their signature(§�on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct DINDE R PATRICK WITNESS my hand and official seal r�, Commission #2053262 Notary Public California z Los Angeles County My Comm Expires Jan 20 201E Slgnatur (Seal) ALL CAPACITY 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'hat document STATE OF California COUNTY OF San Bernardino On 9 l d`-)k 11 7 before me, Caitlyn Guesnon, Deputy City Clerk (Date) (Name and title of the officer) personally appeared Paul W Foster and Jeanne Donaldson (Name of person signing) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons, or the entity upon behalf of which the person(s)acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal yy ORA ° Signature of officer �P *• 1$BS;. .....••''0\Q' AL I IF11O� Rev 01/01/2015