HomeMy WebLinkAboutContracts & Agreements_109-2009_CCv0001.pdf Recorded in Official Records. County of San Bernardino 1012312009
., 11� LARRY WALKER NG AM
a Auditor/Controller — Recorder
R Regular Mail
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: pock 2009—0464951 Titles: 1 Page: s
Fees0+ 00
City of Redlands Taxes 9.90
35 Cajon StreetI i Othere.ee
I
Redlands,California 92373 PAID $0 00
Attention: City Clerk
This document is exempt from the payment of a recording tee
FEES NOT REQUIRED pursuant to Government Code Section 27383
PER GOVERNMENT CODE
SECTIONAUSING INCENTIVE AND/OR CONCESSION AGREEMENT
This Housing Incentive and/or Concession Agreement ("Agreement'') is entered into as of
this 4t'' day of August, 2009, by and between the City of Redlands, a California municipal
corporation ("City"), and the Housing Authority of the County of San Bernardino, a California
nonprofit public benefit corporation ("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 a two hundred twenty eight (228) dwelling unit
housing project ( the "Project") located on approximately 19.23 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 one hundred eighty-nine of the dwelling 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: General Plan Amendment No. 123, Specific Plan.No. 61, Street Vacation Nos. 1.49, 150,
151 and 152, Conditional Use Permit No. 955 and Tentative Tract Map No.18762, 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 container herein, the Parties
agree as follows:.
AGREEMENT
I. Recitals. The foregoing recitals are true and correct, and are incorporated herein as a
substantive part of this Agreement.
I.tcakdjm\,AgreementstHousing Incentive Agreement.doc
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2. Minimum Affordability Requirements, Developer shall develop, or cause to be
developed, a two hundred twenty-eight(228) unit housing project on the Property in accordance with
the Entitlements and the restrictions and conditions of this Agreement. Developer shall designate
and rent one hundred eighty-nine (189) of the units (the "Affordable Units") at the Project as
Affordable Housing, including not less than ten percent (10%) of such units (the .'Low Income
Units") for rental to Low Income Persons.
3. Definitions. The following words and phrases shall have the definitions 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.
C. "Density, Bonus Law"means California Government Code section 65915 et
seq.
D. "Low Income Persons"mean persons earning no more than the income set
forth by the Department of Housing and Community Development pursuant to California Health and
Safety Code section 50053.
4. Affordability Restrictions. Developer covenants and agrees it shall rent all of the
Affordable Units within the Project as Affordable Housing. 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.
5. 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 City's exterior noise development standard, as part of City's approval
of the Entitlements for the Project.
6. No Further Incentives or Concessions. Developer acknowledges and agrees that the
incentive and/or concession 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 City relating 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.
7. 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
Project.
& Agreement to be Recorded• Priority, This Agreement shall be recorded, prior to the
issuance of building pen-nits for the Project, in the Official Records of San Bernardino County,
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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 documents providing financing for the construction or operation of the Project,
or any other lien or encumbrance whatsoever for the entire fifty-five (55) year Term of this
Agreement.
9. Liquidated Damages, Developer acknowledges that City is implementing the goals,
objectives and policies of 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 the Affordable
Units as Affordable Housing, If Developer does not rent the Affordable Units as AfTordable 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 any of the Affordable Units are 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
Affordable Units that are not rented as Affordable Housing, or not rented as the required Low
Income Units.
10. 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.
11. Attorneys' 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 attorneys' fees, including fees for use of in-
house counsel by a Party.
12. Time. Time is of the essence in this Agreement.
13. 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, (ii) 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: Housing Authority of the County of San Bernardino
715 E. Brier Drive
San Bernardino, California 92408
Attention: Sue Benner, Director
City: City of Redlands
35 Cajon Street
Redlands, California 92373
Attention: City Manager
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Such addresses may be changed by notice to the other party given in the same manner as provided
above.
14. Third Party 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(s) or entity(ics) shall have any right Of
action hereunder.
15. Successors and Assigns. 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.
16. 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.
17. Governing 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.
18. Amendment. This Agreement may not be changed orally, but only by an agreement
in writing signed by Developer and City.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above,
DEVELOPER:
HOUSING AUTHORITY OF SAN BERNARDINO
COUNTY, a California nonprofit public benefit
corporation
By:
Its: ✓
CITY:
THE CITY OF REDLANDS, a California municipal
corporation
By:
Pat Gilbreath, Mayor Pro Tern
ATTEST:
Lorrie Poyzer, C*,`(jjrk
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on October 20, 2009, before
me, Lisa Caldera, Administrative Assistant, on behalf of Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared Pat Gilbreath, Mayor Pro Tem and Lorrie Poyzer, City Clerk
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i4are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his4w4their authorized capacity(ies) and that by hi&4w4their 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 and correct.
�, ! �� WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
1883
1111111111i t 1111100\ Lis"Caldera, Administrative Assistant
'
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-in-Fact
Principal(s)
Trustee(s)
Trust
jx ) Other
Title(s): Mayor Pro Tem and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Housing Incentive and/or Concession Agreement
Date of Document: August 4, 2009
Signer(s)Other Than Named Above: Housing Authority of San Bernardino County
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofx
On () �rO before me, _ � !y/a-- Pokes JVO�! l l�
bate �^ Here Insert N me and Title of the Ott,cer
personally appeared n / t�//Z�9'
Names)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(,}whose name(,) is/are-subscribed to the
within instrument and acknowledged to me that
he/sheMey-executed the same in4*/her/i#ei-authorized
capacity(4o64 and that by 4 is er/thei4�signature{,) on the
instrument the person(, or the entity upon behalf of
Snvw ROBIES which the person(,}acted, executed the instrument.
Commission * 1789"4
-: Notary Public -CaHtonnla I certify under PENALTY OF PERJURY under the laws
San Bernardino County of the State of California that the foregoing paragraph is
Comm Fob 2012 true and correct.
- - - - - - - - - - - - -
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:_.?uS/1�_. ?L� _(� GLr LLS$<Oy1j /y1
Document Date:_._-Ic gat2.--.--.— Number of Pages:
Signer(s)Other Than Named Above: 4 O!/.hr� -__.,..^_.____.._.__�....._...-_...._...__._._
Capacity(ies) Claimed by Signer(s)
Signer's Name:...... �. Signer's Name:
;_ Individual L7 Individual
Corporate Officer—Titfe(s): –...... ❑Corporate Officer--Title(s): _,,.,__......
_____..__,,,__—,_,_
Partner—: Limited �: General ,, Partner—17– Limited C.:j General
Attorney in Fact *' ❑Attorney in Fact
Trustee
Top o;thumb �Trustee here TOP 01 rhumb neve
Ll Guardian or Conservator _7 Guardian or Conservator f
Other: E Other: f
Signer Is Representing: — Signer Is Representing:
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02007 National Notary Association•9350 be Soto Ave.,PO.80),2402•Chatsworth.CA 91313-2402•www NationalNotary org Item x5907 Reorder.Call Toll-Free 1-800-876.6827
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:
Legal Description
The land referred to herein is situated in the County of San
Bernardino,State of California,and is described as follows:
Lots 1, 2 and 3, Tract 6414, as per plat recorded in Book 80 of
Maps,pages 32 and 33,records of said County;and
That portion of the Northeast quarter of Section 22, Township I
South, Range 3 West, San Bernardino Base and Meridian, in the
City of Redlands, County of San Bernardino, State of California,
described as follows:
Beginning at a point on the South line of the Northeast Quarter of
said Section, which is the centerline of Lugonia Avenue, 329.53
feet east from the southwest comer of said Northeast Quarter;
thence east along the south line 329.53 feet. thence North 396.55
feet,thence West 329.53 feet,thence South 396.55 feet to the point
of beginning;and
The South Half of the West Half of the Southwest Quarter of the
Northeast Quarter of Section 22,Township I South,Range 3 West,
San Bernardino Base and Meridian, in the City of Redlands,
County of San Bernardino,State of California.
Except the west 22 feet conveyed to the City of Redlands for street
purposes;and
The East Half of the West Half of the Southwest Quarter of the
northeast Quarter of Section 22,Township I South, Range 3 West,
San Bernardino Base and Meridian, in the City of Redlands,
County of San Bernardino,State of Califomia.
Except that portion conveyed to George Schutt by deed recorded in
Book 697 of Deeds,Page 204, Records of said County, described
as follows:
Beginning on the South line of the Northeast Quarter of said
Section, which is also the center line of Lugonia Avenue, said
point being 329.53 feet from the Southwest comer of the Northeast
Quarter of said Section; thence East 329.53 feet, thence North
396.55 feet; thence west 329,53 feet; thence South 396.55 feet to
the point of beginning.
Also except that portion in said Parcel lying North of the center
line of Delaware Stmt, as located through said property,on June
28, 1942.
Assessor's Parcel Number: 0167-221-13and l4
0167-371-01
0167-372-01
0167-373-01
EXHIBIT A