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DENSITY BONUS HOUSING AGREEMENT
This agreement is entered into this 16 day of August, 1983 ,
between Brookside Ltd. , a California limited partnership herein-
after referred to as "Developer" , and the City of Redlands , a
municipal corporation hereinafter referred to as "City".
RECITALS
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 revised conditional use permit and
tentative tract map approval for a 144-unit project denominated
"Le Pare" and located at Brookside Avenue and Tennessee Street
in City.
3. This agreement shall be mutually binding, is made in good faith ,
and reflects the Planning Commission and City Council ' s intent
to provide quality, affordable housing for the people of City.
TERMS
4. Pursuant to the requirements of California Government Code
Sections 65915-18 , City agrees to grant the following incen-
tives to Developer in order to allow the provision of afford-
able housing to the people of City within the Le Pare project:
a. A density bonus of 25 units over the otherwise per-
mitted density in the R-2-2000 Multiple Family
Residential District.
b. A reduction to 48 in required covered parking spaces
for proposed one bedroom units , from the 96 other-
wise required by Section 39. 20 (b) (2) of the Redlands
Ordinance Code.
c. A reduced setback to permit garages adjacent to the
existing private road, with at least 4 ' wide per-
manently maintained and irrigated landscaping between
such private road and the garage walls.
d. A reduced front yard for two story buildings construct.
ed about a court or in multiples on a single lot or
site.
5. Developer covenants and agrees to provide, construct and make
available for sale 36 condominium units within the Le Parc pro-
ject to only owner occupants with permitted income levels , and
at maximum sales prices , all as set forth herein. These units
are hereinafter called "Section 5 units".
6. "Owner occupants" are buyers who in complete good faith intend
to reside for the foreseeable future intheunit purchased. and
who declare such to be true to City in a joint written affida-
vit with Developer under penalty of perjury and in a form
acceptable to city.
7. "Permitted income levels" shall be $ 2,1Joo for individuals
or families purchasing i bedroom units, and $ for
individuals or families purchasing 2 --------
� bedroom units. These
levels are set at 120% of the current median family income in
City as calculated by HUU11" and are subject to revision
by written addendum hereto as such median income changes.
8. "'Maximum sales prices" shall be $ 1, 'o0
units and $ �.6,97550 ffor two-bedroom
1�i or one-bedroom units. These prices are
calculated pursuant to the following formulae, and are subject
to revision by written addendum hereto as median income changes :
Permitted Debt 12 A
Income X Ratio Maximum
Level (.35) (mos/yr) - Assess-
ments Monthly
mum
{incl taxes) Payment
Maximum Sales Maxi
Monthly + Price Sales
Payment Factor Price
9. Developer agrees to obtain and maintain on file with City an
income certification from all buyers of Section 5 units. ' Such
income certification shall include a statement of total annual
income earned by each household member, along with each glace
of employment; it shall be signed by the headof the household
`and shall be verified and certified as true by Developer.
2.
10* An eligible buyer at the commencement of occupancy will be dee:
ed to remain an eligible buyer as long as that individual or
family continues to reside in the unit initially purchased, ev_
though the buyer may subsequently cease to meet the requiremen�
herein for initial purchase.
11. The Section 5 units shall carry ten-year resale restrictions
on their grant deeds in a form satisfactory to city. These
restrictions shall require purchasers upon any resale to meet
all maximum income level , owner Occupancy and maximum sales
Price requirements herein.
12. Developer covenants and agrees that all Section 5 units will
be evenly distributed and dispersed throughout the Le Parc pro-
ject, with the same architectural treatment as other units in
that project.
13. Developer shall within thirty days Of closing on any Section- 5
unit provide City with a copy of all fully executed closing
documents thereon, including the .--restricted grant deed.
Developer covenants and agrees to institute and diligently
support an anti-speculation program in connection With the sale
and resale of Section 5 units. As part of that program, affi-
davits in form and content satisfactory to City shall be re-
quired from the real estate broker and escrow agent handling
each initial purchase of a Section 5 unit.
15. Upon violation of any of the provisions of this agreement by
Developer, which violation is deemed in the discretion of city
to be a material violation, City shall give written notice
thereof to Developer by registered or certified mail at the
address stated in this agreement , or such other address as may
be subsequently designated
such violation I I in written notice by Deve-loper. If
Ls not corrected to the satisfaction Of City With-
in ten days after the date such notice is mailed, or within
such further time as City determines is necessary to correct
the violation, City sli.-Iail- declare a default under' this agree-
Pent. In the event of such a default , City may, in its
I
-J .
discretion, demand payment by Developer for all density, park-
ing 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 with the consent
of Developer and City. If Developer and City cannot agree upon
a single such appraiser , each shall appoint its own qualified
real estate appraiser, and the two appointees shall appoint
a third. The decision of the appraiser or appraisal panel shall
be final.
16. If any action, at law or in equity, including any action for
declaratory relief, is brought to enforce or interpret the pro-
- visions of this agreement, the prevailing party shall be entitled
to reasonable attorney' s fees and costs in addition to any other
relief to which it may be entitled.
17. 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.
18. Developer shall indemnify, defend and hold harmless City, 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,-REDLANDS
Brookside Ltd, a California
limited partnership By
V
A
Mayor
'AC DevI-a
y AC Develotkpient,
1 P
(ene 1 P
er At-test :
t
Kick Doremus , President U-1 tyi` C I e
EPAC Development
30 Cajon Street, P. 0. Box 280
53# s e LU h Redlands, CA 92373
(Address) dress)
4 .
STATE OF CALIFORNIA }
} ss:
COUNTY OF 11 CIL .LULL!
On this the 2 2 E day of S-e p t m b r 1983, before
me, the undersigned Notary Public, appeared Rick Doremms,
President of EPAC Development, known to me to be the person
who executed the within instrument on behalf of the
corporation therein named, and acknowledged to me that the
corporation executed it. r..
WITNESS_ and arid. official seal.
Signature
k
OF ICIA1 —
` BARBARA is f
" ..x
t> LCs NSs
Y tea. 8xPres RL
5575 L Second st t 3, Long Bei ^,, _,,€I: .
ZSZT A
(LEGAL DESCRT—OTION)
Lot i and 2. of Tract 11 779 per Map recorded in Map Book 61 Pages and 2,
Records of San Bernardino County, Ca fo rnia.
Epac Development
5375 E.Second Street
Long Beacr,.CA 90803
Q3)4330908 September 22, 1983
INCOME SPREAD/EXAMPLES
Tract 11779 Affordables
AREA: Redlands
SOURCE: HUD* median income calculations for 1983 incorporating
P.M.S.A. San Bernardino/Riverside Counties
INCOME: 120? of $25,100**
HOUSEHOLD SIZE:
1 2 3 4
$21 ,100 $24,100 $27,100 $30,100
1 Bedroom income - $24,100
2 Bedroom income - $30,100
CALCULATIONS:
$24,100 X .35 i 12 - (152) = 550 .009654244*** = $56,969
$30,100 X .35 ; 12 - (175) = 702 = .009654244*** = $72,714
*Per Merry Nickano, HUD, (213) 688-5931
**HUDs 100 Median Income
***Reflects 117 Interest Rate