HomeMy WebLinkAboutContracts & Agreements_22-1984_CCv0001.pdf Recording Requested By:
City of Redlands `
51674
When Recorded Return To: RECO
City Clerk' s Office :"]' ��
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City of Redlands
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P.O. Bax 280 23
Redlands CA 92373 AFFORDABLE HOUSING AGREEMENT
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M. CALIF.
This Agreement is entered into this 16th day of
October 1984, y and between Brooksidi L t�. , a CaliforniaTTS70—paTtRiship (hereinafter referred to as "Developer") , and
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the City of Redlands, a municipal corporation (hereinafter referred
to as "City") .
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RECITALS
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1 , Developer is the developer of all that certain real
property located in the City of Redlands , County of San Bernardino,
described in Exhibit "A" attached hereto and incorporated herein by
reference.
2. Developer has applied for a, revised conditional us
permit and tentative tract
ma, for iIri � project d?"[m7 ` 3ted
"Le Parsand located a Brookside Avenue and Tennessee Street in
City.
3. This Agreement shall be mutually binding, i ;
s sTaa :ri
good
faith, and reflects the Planning Commission Council ' s
.f`J ra, i�� s[Jr� ari�i City �,€}�;t�v 'i S
intent to provide quality, affordable housing for the people of City,
T E RIAS
4. Pursuant to the requirements of Government
Conte Sections 65915-18, City agrees to grant the following incentives
+ a De Developer it ar.._.. . ..� provide a� i�-aF tom` y, to .ham
� ti. � ....)� . ,,, the people
� a City within the ._r Parc
=r , Pro e
a , A density w nun of 25 urns ouer the otherwise
permitted density in the R-2-2060 Multiple Residential
te , nia,
District.
b. A reduction to 48 in required covered parking
spaces for proposed one-bedroom units from the 96 otherwise
required by Section 39. 20(b)(2) of the Redlands Ordinance Code.
reduced d serr ck to permit ga .acheD adjacent
to the existing private road, with; permanently maintained ars
irrigated landscaping of at least four feet in width between
such private road and the garage w [ ls
�
d. A reduced Front yard for two-story. buildings
constructed
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5. Developer covenants and agrees to provide, construct and
maize available for dent or sale 36 condominium units within the Le park
Project to only qualified occupants with permitted income levers,
and at maximum rental or sales prices, all as set forth herein. Said
units shall consist of specified numbers of one-bedroom and two-bedroom
units, as described in Exhibit "5'" , attached hereto and incorporated
herein by this reference. These units are hereinafter called "Section
5 Units." VA
5. "Qualified occupants" are renters or buyers who in good
faith intend to reside for the foreseeable future in the unit rented
;or purchased, and who declare suO to be true to City in a ,joint,
written affidavit with Developer, under penalty of perjury and in a
form acceptable to City,
7 "Permitted income levels" for individuals or families
renting Section 5 Units small not exceed 70% of the respective, current
median family income levels in the County of San Bernardino (hereinafter
referred to as "County") as calculated by the United States Department
of Housing and Urban Development ("HUD" ) and as revised by written
addendum hereto as such median income levels change, "Permitted
income levels" for individuals or persons purchasing Section 5 knits
shall not exceed 120=1 of the aforementioned current median family
income levels in County.
as The "maximum rental rate" for a Section 5 unlit
shall not exceed E51 of the rental rate charged for a market rate
unit within the 1_e Parc Project which is comparable in size,
design and location or the affordable rent established
for a unit of the sarin size and bedroom count under the County
Multi-family Mortgage Revenue Bond Program, whichever is less
Developer shall provide City with appropriate datato validate
the ,"market rental rate;" utilized in calculating the "maximum
rental rate" of any Section 5 Unit at the time said unit rental
rate is established or revised. Furthermore, the security and
cleaning deposits charged for Section 5 units shall be no higher
than those of comparable units .
ba The "maximum sales price" for a Section 5 Unit
shall be calculated pursuant to the following formulas and shall
be subject to revision by written addendum hereto as the res-
pective median income levels change:
Permitted D=ebt Months
� Maximum
Income X ratio It Year Assessments Monthly
Level K35) (12'' pFoi [ tape
Payment
Maximum Sales Maximum
Monthly Price Sales
Payment ?actor Price
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9. Developer agrees to submit the applications of prospective
renters or buyers of Section 5 Units to City or its designee for income
certification. Developers shall reimburse City or its designee for the
reasonable cost of such income certifications, up to a total cost of
fifty dollars {$50.00} in 1984 dollars for each such family or individual
applicant.
IT A renter or buyer who is found to be a qualified occupant
at the commencement of unit occupancy shall be deemed to remain a
qualified occupant as long as that renter or buyer continues to occupy
the unit initially rented or purchased, even if the renter or buyer
subsequently exceeds the income qualifications set forth herein for unit
rental or purchase.
M . if the ire Parc Project is commenced as a r=ental project,
the Section 5 Units shall remain rental units for a minimum of ten (1 0)
gears from the initial rental date of any such unit. At any time
thereafter, said Section 5 Units may be sold as condominiums; and the
r=ental agreement provided to the qualified occupant of any such rental
unit shall indicate that said unit is a condominium which may be sold
at any time after the termination of the above-mentioned ten-year period.
12. Developer shall provide one-, ear notice to the qualitied
occupant of any rental unit of the proposed sale thereof; and Developer
shall provide moving expenses of two times the monthly rent to any
q al i f it'd occupant who rel o ated from the recta i unitto be sold,
except where said qualified occupant has given notice of his intent
to move prior to receipt of {
:\notification from
Developer of his intent
o ..dull . Developer ` hall allow an extension of
time to permit a
qualified occupant to complete a school semester or quarter, as the
Case iiia;/ be.
13. in January and July of each year, Developer shall provide
City with a list of the names and addresses of all Section 5 Unit renters,
along with copies of related monthly rent receipts and data to validate the
"market" rental- .arca" Y I s zed in calculating tho
`nthrent - each such
unit.
City salt have the right to inspect rent reCEiptand "entalrate"
data at any other time, with reasonable notice to Developer.
14. When a rental unit is to be sold, Developer shall allow
continued occupancy of such unit by a senior citizen sixty-too (62) years o
age or older, a handicapped person, as defined by Section 50072 of the C. ! 'i i9ern F
Health and Safety �fc, or a disabled person, a durs[0d � Section
t3 o
the U. S. Social Security Act, until alternative, comparable housing can be
obtained.
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15. The "maximum rental rate" for a Section 5 Unit shall remain
in effect until such time as said unit has been purchased by a qualified
occupant, up to a maximum of twenty (20) years after the initial rental date
of any such unit. During said twenty year period, Developer shall not sell
Section 5 Units in a block of fewer than eighteen (18) units, except to
qualified occupants after the first ten years.
16. Each Section 5 Unit which is sold after having been a rental
unit shall carry a resale restriction on its grant deed in a form satisfactory
to City, which restriction shall expire on the date twenty (20) years after
the initial rental date of any such Section 5 Unit. Said restriction shall
require any purchaser upon resa:e of the unit to meet all maxit-nui'm incc�rEe
level , owner occupancy and maximum sales price requirements set forth herein.
17. If the Le Parc Project is commenced as a "for sale" project,
each Section 5 Unit which is sold shall carry a resale restriction on its
grant deed in a form satisfactory to the City, which restriction shall
expire on the date ten (10) years after the initial sale date of any such
Section 5 Unit. Said restriction shall require any purchaser upon resale
of the unit to meet all maximum income level , owner occupancy and maximum,
sales price requirements set forth herein.
18. Developer shall , within thirty (30) days after escrow closing
on any Section 5 Unit, provide City with a copy of all fully executed escravi
closing documents thereon, including the restricted grant deed.
19. Developer covenants and agrees that all Section 5 Units shall
be evenly distrihuted and dispersed throughout the Le Parc Project, with the
same amenities, architectural and interior treatment, and features as the
market rate units in the project.
20. Developer covenants and agrees to institute and diligent
! v
support an anti-speculation program in connection with the sale and resale
of Section 5 Units , As part of that program, affidavits in form and content
satisfactory to City shall be required from the real estate broker and
escrow agent handling each initial purchase of d Section 5 Unit.
21 . Upon violation of any provision of this Agreement by
Developer, which violation is deemed in the discretion of City to be material ,
City shall give written notice thereof to Developer by registered or certified
mail at the address stated in this Agreement, or at such other address as may
be subsequently designated in written notice by Developer. if such viol aticn
is not corrected to the satisfaction of City within ten (10) days after the
_S_
date such notice is mailed, or within such further time as City determines is
necessary to correct the violation, City shall declare a default under this
Agreement. In the event of such a default, City may, in its discretion,
demand payment by Developer for all density, parking and setback benefits
conferred by this Agreement. The amount owed City by Developer pursuant to
this section shall be set by a qualified real estate appraiser appointed wr
with the consent of Developer and City. if Developer and Cit, cannot agree
upon a single appraiser, each shall appoint its own qualified real estate
appraiser, and the two appointees shall ap=point a third. Said appraisers
shall be directed to reach a collective appraisal . The decision of the
single appraiser or appraisal panel shall be final ,
22. If any action, at law or in equity, including any actior For
declaratory relief, is brought to enforce or interpret the provisions of s
Agreement, the prevailing -party shall be entitled to reasonable ilttornc _ s
fees and costs it addition to any other relief to which it may be entitled.
23. This Agreement is assignable by Developer, is binding upon the
parties hereto and their respective successors and assigns, and shall inure
to the benefit of the parties, their successors and assigns.
24. Developer shall "indemnify, defend and hold harmless Cite,
its officers, agents and employees , from any and all claims , losses or legal
actions arising from any and all of the actions of Developer, its employees,
agents or subcontractors pursuant to this Agreement,
DEVELOPER CITY OF RE'lL;'NDS
Brookside Ltd. , a
California limited
partnership By 0-4�- V40k _A_
By EpAC DeATURent, Mayor
eral Pa=rtner_
Attest.
Rick Doremus, President
r F ,AC Development
ity,
5375 E. Second Street
Long Beach, CA 90803 '33 Cajon Street, P. a, Box 280
(Address)
Redlands, CA 92373
EXHIBIT "A"
(LEGAL DESCRIPTION)
Lot l and 2 of Tract 11779 per Map recorded in Map Book 161
Pages l and 2, Records of San Bernardino County, California.
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EXHIBIT "B"
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(SECTION 5 UNITS) r `
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12 - Plan A 12 - PI an B 4 - Plan C
4 - Plan A4 - Plan BL 36 - Total