HomeMy WebLinkAboutContracts & Agreements_206a-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 1211912007
r LARRY WALKER 11:07 AM
RECORDING REQUESTED BY Auditor/Controller - Recorder
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AND WHEN RECORDED MAIL TO: R Regular Mail
CITY CLERK
CITY OF REDLANDS Doc#. 2007—0703615 Titles: 1 Pages: 8
P.O. BOX 3005 Fees 0.66
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REDLANDS CA 92373 otneTaxes .00
FEES Hilt—REQUTDr11 PAID $6.66
PER GOVERNMENT CODE This document is exempt from the payment of a recording fee
SECTION 6103 pursuant to Government Code Section 27383
DENSITY BONUS AGREEMENT
This DENSITY BONUS AGREEMENT ("Agreement") is entered into as of November 6,
2007, by and between the CITY OF REDLANDS, a California municipal corporation ("City"), and
HOUSING PARTNERS I, INCORPORATED, a California nonprofit public benefit corporation
("Developer").
RECITALS
A. Developer and the Redevelopment Agency of the City of Redlands ("Agency") have
entered into that certain Affordable Housing Development Incentive and Restrictive Covenant
Agreement dated as of September 5, 2006(as amended, the"Affordable Housing Agreement") which
provides for the development of a seventy-one (71) unit multi-family housing development for
seniors(the"Housing Complex" or"Project") located on approximately 3.63 acres of real property in
the City of Redlands, California, as more particularly described in the legal description attached
hereto as Exhibit A and incorporated herein ("Property"). Capitalized terms used herein but not
specifically defined shall have the meanings set forth in the Affordable Housing Agreement_
B. Pursuant to the Affordable Housing Agreement, not less than eleven (11) of the units
at the Housing Complex will be made available to Very Low Income Senior Citizens and not less
than forty-two (42) of the units at the Housing Complex will be made available to Low Income
Senior Citizens, as those terms are defined in Section 2(a) below (collectively, the "Affordable
Units").
C. City has approved and granted to Developer the Entitlement for the Project, which
comprises all discretionary actions by the City Council and the City's Planning Commission
including: Conditional Use Permit No. 889, Zone Change No. 426, General Plan Amendment
No. 113, and any and all conditions of approval related thereto, including any amendments,
supplements, and modifications thereto as may be approved by the Planning Commission of the City
(together, "Entitlement"). The Entitlement is hereby incorporated fully into this Agreement as if set
forth at length herein.
D. Separate from the Affordable Housing Agreement and pursuant to the requirements
of, and as one of the conditions of approval in, the Entitlement, Developer consented and agreed that
City and Developer shall enter into this Agreement, including certain covenants that cause the
Property to be subject to certain affordable housing restrictions for a period that will commence on
the date of issuance of the first certificate of occupancy for an Affordable Unit at the Project and
thereafter continue until the fifty-fifth (55th) anniversary of the issuance of such certificate of
occupancy. This Agreement constitutes evidence of the covenants required by the E=ntitlement.
WWAgreeADensity Bonus Agreement—Housing Authority
E. Provided that Developer complies with all of the requirements of California
Government Code Section 65915, et seq. ("Density Bonus Law"), DeveIoper is eligible to obtain
certain incentives as a matter of right and other incentives as a matter of discretionary action by the
City.
F. Developer has proposed and the City Council and City Planning Commission have
adopted amendments to the City General Plan and the City Zoning Ordinance (collectively, the "City
Zoning Laws"); however, the Project is not consistent with the City Zoning Laws, even as revised.
In order to obtain the approval of the City and the City Planning Commission, the Project required
waivers of certain requirements of the City Zoning Laws, as described in more detail in Section 3
below. According to the Density Bonus Law, City and City Planning Commission have granted such
waivers and have approved the Entitlement for the Project, in part on the condition that Developer
enter into this Agreement as required by Redlands Municipal Code Section 18.228.070
H. The foregoing recitals are a substantive part of this Agreement.
NOW,THEREFORE, the parties hereto agree as follows:
1. Minimum Affordability Requirements. The Affordable Housing Agreement and
the Entitlement provide that Developer shall develop or cause to be developed a seventy-one (71)
unit Housing Complex on the Property. Developer hereby agrees to designate fifty-three(53)units at
the Project as Affordable Housing, including not less than eleven (11) Affordable Units to be rented
to Very Low Income Senior Citizens ("Very Low Income Units") and not less than forty-two (42)
Affordable Units to be rented to Low Income Senior Citizens("Low Income Units").
a. Definitions.
(i) As used herein, "Very Low Income Senior Citizens"means Senior
Citizens earning no more than the income set forth by the Department of Housing and Community
Development pursuant to California Health and Safety Code Section 50105 for very low income
households, adjusted for household size.
(ii) As used herein, "Low Income Senior Citizens"means Senior Citizens
earning no more than the income set forth by the Department of Housing and Community
Development pursuant to California Health and Safety Code Section 50079.5 for lower income
households, adjusted for household size.
(iii) As used herein, "Affordable Housing" means, as to the Very Low
Income Units, an apartment rented to Very Low Income Senior Citizens at an Affordable Rent, and
as to the Low Income Units, an apartment rented to Low Income Senior Citizens at an Affordable
Rent.
(iv) As used herein, "Affordable Rent" has the same meaning as set forth
in California Health and Safety Code Section 50053.
(v) As used herein, "Senior Citizens" shall have the meaning set forth in
California Civil Code Section 51.3, except that"Senior Citizens" shall mean individuals aged 62 or
over. "Senior Citizens" includes"Qualified Permanent Residents" as that term is defined in Civil
Code Section 51.3. "Permitted Health Care Residents" may reside at the Housing Complex to the
extent allowed by California Civil Code Section 51.3.
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b. Affordability CC&Rs. Developer covenants and agrees to comply with each
and every covenant, condition and restriction contained in that certain Declaration of Affordability
Covenants, Conditions, and Restrictions executed by Agency and Developer pursuant to the
Affordable Housing Agreement and recorded in the Official Records of San Bernardino County
("Affordability CC&Rs"). The Affordability CC&Rs are hereby incorporated and made a part of this
Agreement as if set forth at length herein. In the event the Affordability CC&Rs are terminated prior
to the expiration of the Term of this Agreement, each and every term and condition set forth in the
Affordability CC&Rs shall be enforceable by City and/or Agency through the incorporation of the
Affordability CC&Rs into this Agreement.
2. Density Bonus and Development Incentives. As set forth in the Entitlement and
the Density Bonus Law, Developer petitioned for and was granted the following waivers as part of
the Entitlement for the Project:
a. Density Bonus. The City Zoning Laws, as amended upon petition by
Developer, provide for a maximum density of 0-15 dwelling units per gross acre or 14.52 dwelling
units per net acre. The Entitlement allows Developer to develop the Project, which will consist of
18.393 dwelling units per gross acre and 19.559 dwelling units per net acre.
b. Maximum Building Length. The City Zoning Laws, as amended upon
petition by Developer, provide for a maximum building length of one hundred fifty (150) feet. The
Entitlement allows Developer to construct buildings of up to two hundred thirty(230) feet in length.
C. Required Parking Spaces. The City Zoning Laws, as amended upon
petition by Developer, require one and one half (1.5) parking spaces for each two bedroom
apartment, one(1)parking space for each one bedroom apartment, and one half(.5)parking space for
each Housing Unit as guest parking. According to this requirement, the Project would be required to
include one hundred thirteen (113) parking spaces. The Entitlement allows Developer to provide as
few as forty-eight(48)parking spaces at the Project.
3. No Further Incentives or Waivers. Developer acknowledges and agrees that the
waivers and incentives set forth in Section 3 above fully satisfy 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 to waive 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 pursuant to any state, federal, or local law, rule, or regulation applicable to the Project.
4. Term. It is intended that the"Tenn" of this Agreement shall be coterminous with the
fifty-five year Affordability Period under the Affordability CC&Rs, including any extensions or
renewals thereof. Notwithstanding the foregoing, in no event shall the Term of this Agreement,
including the requirement that Developer provide Affordable Housing as set forth herein, extend for
less than fifty-five (55) years, commencing upon City's issuance of the first certificate of occupancy
for an Affordable Unit at the Project.
5. Agreement to be Recorded; Priority. 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 these Restrictions. In no event shall this Agreement be made junior or subordinate to
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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 55 year term of this Agreement.
6. Defaults and Remedies. City and Agency 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 a default under
this Agreement.
7. Non-Liability of City Officials and Employees. No member, official, employee or
agent of the City or Agency shall be personally liable to the Developer, or any successor in interest of
Developer, in the event of any default or breach by the City or for any amount which may become
due to the Developer or its successors, or on any obligations under the terms of this Agreement.
8. Time. Time is of the essence in this Agreement.
9. 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 Partners I, Incorporated
715 East Brier Drive
San Bernardino, California 92408
Attention:
City: City of Redlands
35 Cajon Street
Redlands, California 92373
Attention: City Manager
Such addresses may be changed by notice to the other party given in the same manner as
provided above.
10. Third Party Beneficiaries. The Agency and its successors and assigns shall be
intended 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(ies)
shall have any right of action hereunder.
11. 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.
12. 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.
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13. 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.
14. Amendment. This Agreement may not be changed orally, but only by 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:
HOUSING PARTNERS I, INCORPORATED, a
California nonprofit public benefit corporation
By.
Its:
CITY:
THE CITY OF REDLANDS, a California municipal
corporation
By:
Jon Harrison, Mayor
ATTEST:
L ie Poyz r i Clerk
APPROVED AS TO FORM:
,J
City AttorneDaniel J. McHugh
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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 November 6, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison, Mayor; Daniel J. McHugh, City Attorney
and Lorrie Poyzer, City Clerk{ X} personally known to me - or - { } proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities and that by their
signatures on the instrument the persons, or the entity upon behalf of which the persons acted,
executed the instrument.
WITNESS my hand and official seal.
i
LORRIE POYZER, CITY CLERK
V QRPoggrO.
= * 1888 * `
By.
Teresa Ballinger, Assistant City _lerk
(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
{ x ) Other
Title(s): Mayor, City Attorney and City Clerk
Entity Represented: City of Redlands, a municipal corporation
"PHIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Density Bonus Agreement
Date of Document: November 6, 2007
Signer(s) Other Than Named Above: Housing Partners 1, Inc., by: Daniel J. Nackerman,
Secretary/Treasurer
STATE OF CALIFORNIA. )
) Ss.
1CO[JNTYOF. 1')M
Onbefore me, _� �Gtl6'�Gl) Notary Public,
(Print Name of Notary Public)
personally appeared Dlafe,� fwk` taw&,
Lvd personally known to me
-or-
proved to me on the basis of satisfactory evidence to be the person() whose name(i) isAar-.-,
subscribed to the within instrument and acknowledged to me that he/may executed the same
in his/fir authorized capacity4os), and that by his/la4944eir signature( on the instrument the
person(s), or the entity upon behalf of which the person O acted, executed the instrument.
s
SVEvu►ROKES WITNESS my hand and official seal.
ComhtMM#t 1471983
Notary Pubic-CoWOM60
Say Bemardino County1V ,c
My Comm.Exphea Feb 24,2008
Signature Of 9.ry
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s)
Title Or"type Of Documen
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney-In-Fact
❑ Trustee(s)
_....._—......_.....—..._—....—_...._. ._....�_...--....._—...--.....-_......–....__........—
Guardian/Conservator Number Of Pages
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
—....—_....—.--_....—......__.__.....—....__:....-- .......—......—...— __-.._.._._....._......,_....._
Date Of Documents
Signers)Othet"than Named Above
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 167-201-68
THOSE PORTIONS OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 1
SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF REDLANDS, COUNTY OF SAN BERNARDI;NO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT NO, 9876, RECORDED IN
MAP BOOK 144, PAGE 84, RECORDS OF SAID COUNTY;
THENCE SOUTH 000 34' 51" EAST ALONG THE EAST LINE OF SAID TRACT NO.
9876, A DISTANCE OF 500.66 FEET;
THENCE NORTH 89° 28' 48"EAST A DISTANCE OF 299.56 FEET;
THENCE SOUTH 00° 32' 59" EAST A DISTANCE OF 121.00 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF LUGONIA AVENUE (37.00 FEET, HALF WIDTH);
THENCE NORTH 890 28' 48" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A
DISTANCE OF 30.00 FEET TO THE EAST LINE OF WEST ONE-HALF OF THE WEST
ONE-HALF OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER OF
SECTION 22;
THENCE NORTH 000 32' 59" WEST ALONG SAID EAST LINE, A DISTANCE OF
621.53 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE
WEST ONE-HALF OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF
SAID NORTHWEST QUARTER OF SECTION 22;
THENCE SOUTH 890 30' 09" WEST ALONG THE NORTH LINE OF SAID SOUTH
ONE-HALF OF THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE
SOUTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION
22, A DISTANCE OF 329.83 FEET TO THE POINT OF BEGINNING.
EXHIBIT A