HomeMy WebLinkAboutContracts & Agreements_25-1985_CCv0001.pdf 2524 JHHW: PNL: cb 08/13/85
COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY
OF THE COUNTY OF SAN BERNARDINO
AND THE CITY OF REDLANDS
THIS COOPERATIVE AGREEMENT (the "Cooperative Agreement") is hereby made
and entered into as of August 1 1985 by and between the Housing Authority
of the County of San Bernardino, a public corporation and housing authority
organized and existing under the laws of the State of California (the
"Authority") and the City of Redlands , a municipal corporation located in the
County of San Bernardino (the "City")
WITNESSETH
WHEREAS, the Authority has determined to engage in a multifamily rental
housing mortgage finance program (the "Program") pursuant to Chapter I of Part
2 of Division 24 of the Health and Safety Code of the State of California (the
"Act") and to issue bonds pursuant to the Act to provide funds (the "Bonds")
to finance construction loans or mortgage loans for the development of a
multifamily rental housing development in the County of San Bernardino, all as
provided for in the Act ( the "Program Site") ;
WHEREAS, the City is willing to cooperate with the Authority and permit
the implementation of the Program., within the corporate boundaries of the City,
provided that: ( 1 ) such cooperation and implementation shall in no way limit
the City' s ability to exercise its own powers and develop its own program or,
other sites ; (2) the City shall retain all normal planning and building
approval processes and authority over any development within the City' s
corporate limits; and (3) the Authority agrees to incorporate into any
regulatory agreement relating to the project certain terms and conditions of
the City which are set forth hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
provided, the parties hereto agree as follows :
Section 1 . The words and phrases of this Cooperative Agreement shall ,
for all purposes hereof unless other defined herein, have the meaning assigned
to such words and phrases in the Act .
Section 2. The Authority agrees to use its best efforts to undertake
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the Program and to issue the Bonds therefore as soon as the Authority
determines the same to be necessary and advisable.
Section 3. The City represents that: (I ) the City has heretofore
adopted a General Plan for the City which it believes to be in conformance
with the provisions of the Planning and Zoning Law of the State of California
(Government Code Section 65000 et seq. ) ; (II) said General Plan Includes a
Land Use Element and a Housing Element as required by Government Code Section
65302 ; and (III) the Program and Program Site do comply with said Land Use
Element and Housing Element.
Section 4. The City agrees that the Authority may make a multifamily
rental housing mortgage under the Program, and that the Authority may exercise
any and all of the City' s powers for the purpose of financing a multifamily
rental housing mortgage pursuant to the Act with respect to an approximately
496-unit project to be located on the northeast corner of the intersection of
Alabama Avenue and Barton Road in the City of Redlands, California (the
"Program Site") , to be developed by 496 Joint Venture, an Illinois joint
venture (the "Developer") and with the preliminary name of Brookside Meadows
Project ("the Development") .
Section 5. The City agrees to undertake such further proceedings or
actions as may be necessary in order to carry out the terms and the intent of
this Cooperative Agreement, and the City further agrees to refrain from taking
any action, which would, to its knowledge , tend to adversely affect the rating
on the Bonds to be issued by the Authority pursuant hereto; provided that
nothing in this Cooperative Agreement shall in any way or manner be construed
to restrain, or in any way limit, the exercise by the City of its Planning,
Land Use, Building Permit, or other authority, over any aspect of the Program
herein proposed.
Section 6. The Authority agrees to incorporate into any regulatory
agreement certain requirements of the City as are set forth in Exhibit A
attached hereto and to enforce and monitor , or cause to be enforced and
monitored, such requirements of the City, as well as , the Federal , State and
Authority requirements . However , in the event there are conflicts between the
requirements of the City, the State and the Authority, the most restrictive
requirements shall apply.
Section 7. Nothing in this Cooperative Agreement shall prevent the
Authority or the City from entering into one or more agreements with other
political subdivisions within their respective boundaries , if deemed necessary
and advisable to do so by the Authority or the City, nor shall anything in
this Cooperative Agreement be construed as limiting t-h e exercise by the
Authority or the City of any of their respective applicable powers or
authorities .
Section 8. This Cooperative Agreement may be amended by one or more
supplemental agreements executed by the Authority and the City at any time ,
except that no such amenament or supplement shall be made which shall
adversely affect the rights of the owners of the Bonds issued in connection
with the Program.
Section 9. The term of this Cooperative Agreement shall commence on the
date first above written and terminate at the end of the origination period
for mortgage loans under the loan agreement for the Program.
Section 10. This Cooperative agreement must be executed by the City and
the Authority to be effective .
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IN WITNESS WHEREOF , the parties hereto have caused this Cooperative
Agreement to be executed and attested by their proper officers thereunto duly
authorized, and their Official Seals to be hereto affixed , all as of the date
first above written.
HOUSING AUTHORITY OF THE
COUNTY OF SAN BERNARDINO CITY OF REDLANDS
By: By:
Al Harkins, Executive Director Joyi E. Holmes, City Manager
ATTEST- ATTEST:
SECRETARY
By: By�
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APPROVED AS TO LEGAL FORM.:
By:
Authority Counsel
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EXHIBIT A
City �� Redlands Requirements
(a) Not less than 20 percent of the total number of dwelling units in
the Development shall be rented or held vacant for rental at "affordable
rents" to Lower-Income Tenants . Units offered by the Developer to
Lower-Income Tenants shall be of comparable size and quality as other units in
the Development and shall be distributed throughout the Development, with at
least one such unit in each building in the Development . For purposes of this
Section . Lower-Income Tenants shall mean tenants whose income shall be
determined on the basis of household size and whose income as so determined
shall be not more than 80% of the median income for the area for a household
of such size.
(b) For purposes of this section and with respect to any household at
the time such household rents a unit referred to in subsection (a) of this
Section, "affordable rent" means a monthly rent which does not exceed 30
percent of one-twelfth of the maximum household income at which such household
of one, two, three or four persons would qualify as a Lower—Income Tenant.
One bedroom units shall be rented to households with one or two persons . Two
bedroom units shall be rented to households with not more than four persons .
(c) Rent increases for units referred to in subsection (a) of this
Section shall be limited to the percentage of increase in the median family
income for the Riverside-San Bernardino-Ontario Standard Metropolitan
Statistical Area, as determined by the United States Department of Housing and
Urban Development. The Developer shall provide City ty and each affected
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tenant with writ-ten notification of any rent increases in such units at least
sixty (60) days prior to the effective date of the rent increase .
(d) In the event that the United States Department of Housing and Urban
Development fails to issue revised median family income statistics for the
Riverside-San Bernardino-Ontario Standard Metropolitan Statistical Area within
eighteen (18) months of the previous such issuance , rents for units referred
to in subsection (a) of this Section may be adjusted based on the annual
percentage increase in the Riverside-San Bernardino-Ontario Consumer Price
Index for urban wage earners and clerical workers .
(e) The Developer shall designate dwelling units in the Development
reserved as units referred to in subsection (a) of this Section, and will
advise the by delivery of a certificate in writing of
such designation and on a monthly basis , of any revisions thereof. During the
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period that a unit is designated by the Developer as being a unit referred to
in subsection (a) of this Section, the determination of whether a household is
a Lower-Income Tenant shall be made prior to the initial occupancy of such
unit by such Lower-Income Tenant. The Developer shall require all such
households to complete prior to such occupancy a certification of household
income in substantially the form of Exhibit A-1 to the Loan Agreement. In
addition, the Developer shall obtain income verifications in substantially the
forms attached to Exhibit A-2 to the Loan Agreement and will retain such
income verification in its fill—es for a period of three (3) years.
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(f) The Developer shall maintain on file at the Development complete and
accurate records pertaining to the units referred to in subsection (a) of this
Section, and shall permit any duly authorized representative of the
to inspect the books and records of the Development pertaining to the rental
rates and qualifications of each household which applies to occupy, occupies
or occupied a unit referred to in subsection (a) of this Section during the
immediately preceding three (3) years . The Developer will prepare and submit
to the monthly during the initial rental period, and thereafter
within thirty (30) days after each anniversary of the date on which 10 percent
of the units in the Development were initially occupied , a report executed by
the Developer stating the number of units referred to in subsection (a) of
this Section:
1 . Occupied by Lower-Income Tenants ;
2 . Held vacant and available for occupancy by Lower-Income Tenants
including a description of bedroom size and rental rates;
3. Occupied by households other than Lower-Income Tenants and a
description of the circumstances relating to such occupancy;
4. Made available by bedroom size and rental rate;
5. Rented under a housing subsidv program, (describing the source
and extent of such subsidies) ; and
6. Stating whether any default under this Regulatory agreement
has
occurred.
(g) The requir-Ements for this Section are in addition to the
requirements of Section However , a unit referred to in subsection (a) of
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this Section may also be a Lower-Income
Income Unit . If for any reason Ft becomes
impossible for the Developer to comply with any provision of this Section
and with the provisions of Section any such conflicting provision of
Section shall apply.
(h) The requirements of this Section shall apply for a period of ten
(10) years after the date on which 10 percent of the units in the Development
are occupied.
2524 .
EXHIBIT "A-111
LOW OR MODERATE INCOME COMPUITATION AND CERTIFICATION
RE: [ name and address of Project )
Apartment Number :
I/We, the undersigned, being first duly sworn, state
that I/we have read and answered fully, and truthfully each
of the following questions for all persons who are occupy
the unit in the above apartment development for which appli-
cation is made , all of whom are listed below:
1 . 2 . 3 . 4 . 5 .
Name of Members Relationship Social
of the to Head of security Place of
Household Household A Number Employment
HEAD
SPOUSE
6 . he anticipated income of all the above
persons during the 12-mont-h perloo beginn ; nq this date ,
including income described in ( 1 ) below, but excluding all'
income described in ( b) below, is
(a ) The amount set forth above includes all of the
follow;nc .--incorne ( unless sucn incs-r-ne is described ' in ( b )
below) :
( i ) all wages and saiariesp overtime pay ,
clomvmissions , fees , tips and bonuses before payroll ded,,.;c-
tions ;
( ii ) net income from, the operation of a
business or profession or from the rent-all of rear or
personal property (without deducting expenditures for
business expansion or amortization of capital indebtedness
or any allowance for depreciation Cf capital assets ' ;
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( iii ) interest and dividends ( include all
income from assets as set forth in item 7 ( b) below) ;
( iv) the full amount of periodic payments
received from social security, annuities, insurance
policies , retirement funds, pensions , disability or death
benefits and other similar types of periodic receipts ;
(V) payments in lieu of earnings, such as
unemployment and disability compensation, workmen's compen-
sation and severance pay;
( Vi ) the maximum amount of public assistance
available to the above person;
{vii ) periodic and determinable allowances ,
such as alimony and child support payments and regular
contributions and gifts received from persons not residing
in the dwelling ;
(viii ) all regular pay, special pay and
allowances of a member of the Armed Forces (whether or not
living in the dwelling ) who is the head of the household or
spouse; and
( ix) any earned income tax credit to 11--he
extent it exceeds income tax liability .
(b) The following income is excluded from the
amount set fortl, above :
( i ) casual , sporadic or irregular gifts ;
( ii ) amounts which are specifically for or in
reimbursement of medical expenses ;
( iii ) "Lump sum additions to family assets, such
as inheritances , insurance payments ( including payments
under health and accident insurance and worker ' s compensa-
tion) , capital gains and settlement for personal or property
losses ;
amounts Of educa* oral st
cclarshios pa ; ,;
d.i.rectly to a student or an educat- .; onal institution , and
amounts paid by the government to a veteran for use in
meeting the costs of tuition, fees , books and equipment , but-
in either case only to the extent used for such purposes ;
(v) hazardous duty pay to a member of *C1,e
household in the armed forces who is away from home and
exposed to hostile fire ;
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(vi ) relocation payments under Title II of the
uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 ;
(vii ) i ncorr.e from employment of children
( including foster children) under the age of 18 years;
(viii ) foster child care payments ;
( ix) the value of coupon allotments under the
Food Stamp Act of 1977 ;
( x) payments to volunteers under the Domestic
Volunteer Service Act of 1973 ;
(xi ) payments received under the Alaska Native
Cla.rr,.s Settlement Act ;
(Xii ) income derived from certain submarginal
land of the United States that is held in trust for certain
Indian tribes ;
(X; i ; )
payments on allowances made under the
Department of Health and Human Services ' Low-income Home
Energy Assistance Program;
( Xiv ) payments received from the Job Partner-
ship Training Act ;
( xv) income derived from the disposItion of
funds of the Grand Rive,- Band of Ottawa Indians ;
( xvi ) the first $2000 per capita shares
received from judgment funds awarded by the Indian Claims
Commission or the Court of Claims or from funds held in
trust for an Indian tribe by the Secretary of Interior .
7 . If any of the persons described in column I
above (or any person whose income or contributions were
included in item 6 ) has any savings , stoc.ks , bonds ,*
onds , eaut-
n real -rooerty cr c t-h.e r f c,rm c f Capital - nvesmenz
flexc1ludinc.- interest in T..-dlan la-ds ) , provided;
(a) the total value of all such assets owned bv
all such persons and
(b) the amount of income expected to be derived
from such assets in the .12-month period
co=nenclng this date :
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8 . (a) Will all of the persons listed in column
above - be or have they been full-time students during five
calendar months of this calendar year at an educational
institution (other than a correspondence school ) with
regular faculty and students?
Yes No
(b) (Complete only if the answer to Question
8(a) is "Yes" ) . Is any such person (other than nonresident
aliens) married and eligible to file a joint federal income
tax return?
Yes No
We acknowledge that all of the above information is
relevant to the status under federal income tax law of the
interest on bonds issued to finance construction of the
apartment building for which application is being made . we
consent to the disclosure of such information to the issuer
of such bonds , the holders of such bonds , any trustee acting
on their behalf and any authorized agent of the Treasury
Department or Internal Revenue Service .
Date:
Head of Household
Spouse
SUBSCRIBED AND SWORN to before me this - day
of
(NOTAIRY SEAL)
Notary Public in and for the State of
my Commission Expires :
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
NOTE 70 PROI.'WrECT OWNER: A vacant unit previously
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occupied by individuals or a family of low or moderate
income, may be treat-ed as occupied by individuals or a
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family of 'low or moderate income urntii reoccupied, other
than for a period of 31 consecutive days or less , at which
+,-- -;me the character of the unit shall be redetermined.
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FOR COMPLETION BY FRO ECT OWNER ONLY :
1 . Calculation of eligible income :
(A) Enter amount entered for entire
household in 6 above:
(B) If the amount entered in 7 (a ) above
is greater than $5 , 000 , enter
( i) the product of the amount
entered in 7 (a ) above multiplied
by the current passbook savings
rate as determined by HUD:
( ii ) the amount entered in 7 ( b)
above: $
( iii ) line ( i ) minus line ( ii )
( if less than $0 , enter $0 ) $
(C) Total Eligible Income
(Line I (A) plus line I ( B) ( iii ) ) : $
Qualification as individuals or a family of low or
moderate income :
(A) Is the amount entered in 11ne 1 ( c ) ' ess than 80% of
Median Gross _-come .;--.r the Area?*
Yes No
(B) ( i ) if line TI (A) is "No" , then the household does
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not qualify as individuals or a family of low
or moderate income ; skip to Item TIJ .
( ii ) if line !! (A) above is "Yes" and 8 ( a ) above
"No" , then the household qua: .` fies as -Lnd.4v; _
7 or.- moderate income ;
duals or a family of ! cw
skip to item lil. .
"Median Gross Income or the Area" means the median
income, based on household size of a household of from one
to four persons , as applicable , for the area where the
Project is located as determined by the Secretary of Housing
and Urban Development under Section 8 ( f ) ( 3 ) of the United
States Housing act of 1937 , as amended , or if programs under
Section 8( f) are terminated, median iIncorrue determined under
the method used by the Secretary prior to the termination .
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(iii ) If line 11 (a ) above is "Yes" and 8(b) above is
"Yes" , then the household qualifies as indivi-
duals or a family of low or moderate income ;
skip to item III .
( iv) if neither ( ii ) nor ( iii ) is applicable, then
the household does not qualify as individuals
or a family of low or moderate income.
'111 . (Check one)
The household does not qualify as individuals or a
family of low or moderate income .
The household qualifies as individuals or a family
of low or moderate income .
TV. Number of apartment unit assigned :
(enter here and on page one )
Owner
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