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HomeMy WebLinkAboutContracts & Agreements_1-2003_CCv0001.pdf Recorded in Official Records, County of San Bernardino 1/29/2003 LARRY WALKER �T49 PM Recording requested by "" "' Auditor/Controller — Recorder And when recorded mail to: R Regular Mail City Clerk Doc#: 2003—0058413 Titles: 1 Pages: 5 City of Redlands Fees 6.00 P.O. Box 3003 Taxes 6.66 Redlands, CA 92373 Other 0.00 1 111111 11 1111111111111111111111 PAID $0.66 AGREEMENT FOR DENSITY BONUS AND INCENTIVE This Agreement for Density Bonus ("Agreement") is made and entered into this day of January, 2003 by and between the City of Redlands, a municipal corporation organized under the laws of the State of California (`City') and 1 ellus Financial Group (`Property Owner"). The City and Property Owner are sometimes collectively referred to herein as the"Parties." RECITALS WHEREAS, to implement the goals, objectives and policies of the housing element of the City's general plan, the City has the authority, pursuant to the City of Redlands Municipal Code (`Code") Title 18, Chapter 18.228, to approve a density bonus with an additional incentive to provide incentive for the production of housing for senior households in accordance with Sections 65915 and 65917 of the California Government Code; and WHEREAS, the Property described as Assessor's Parcel Numbers 0292-202-11 and 0292-202-12 and further described as parcel no. 1: the east 1/2 of the southwest '/4 of lot or block 22, barton ranch, in the City of Redlands, county of San Bernardino, State of California, as per plat recorded in book 6 of maps, page(s) 19, records of said county - excepting therefrom the south 300 feet of the cast 150 feet thereof. Note: Areas and distances are computed to the centers of adjoining streets and highways. parcel no. 2: the south 300 feet of the east 150 feet of the east 1/2 of the southwest 1/4 of lot or block 22, barton ranch, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in book 6 of maps, page(s) 19, records of said county. Note: Areas and distances are computed to the centers of adjoining streets and highways. parcel no. 3: an easement over and across the north 20 feet of the west % of the southwest 1/4 of lot or block 22, Barton Ranch, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in book 6 of maps, page(s) 19, records of said county, is the real property for the proposed Project development, is herein collectively and indivisibly referred to as the "Property," and is the subject of a development proposal: and WHEREAS, the proposed development of the Property is a 160-unit Senior Citizen Housing Project ("Project") for which applications for Conditional Use Permit No. 768, General Plan Amendment No, 86, and Change of Zone No. 386 have been filed Z�l with the City by the Property Owner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Property Owner agree as follows: AGREEMENT 1. Approval of Density Bonus. If the City approves the applications for General Plan No. 86, Zone Change No. 386 and Conditional Use Permit No. 768, then the City agrees to approve a density bonus for the Project. The number of density bonus units approved by the City for the Property pursuant to section 18.228.030 of the Redlands Municipal Code, "shall be the maximum multi-family residential dwelling density(for R- 3) of 27 units per acre multiplied by .25". The Property contains 5 gross acres and 4.76 net acres. Therefore, the number of approved senior housing units for the Project shall be 128.52 units (27 units times 4.76 acres) plus the Density Bonus of 32.13 units (128.52 units times .25) for a total of (160.65 rounded down to) 160 units. This equals a density for the Project of 31.94 dwelling units per gross acre, or 33.61 dwelling,units per net acre -within the allowable density (with a 25% increase for senior housing) of 33.75 dwelling units per acre. 2. Number of Units. The total number of units proposed within the Project is 160 and all units in the Project are Target Units as defined in section 18.228.010 of the Redlands Municipal Code. 3. Description of household group. The Project shall be used for "housing for older persons" as defined in the Federal Fair Housing Amendments Act of 1988 and in California Civil Code Sections 51.2 and 51.3. 4. Location, unit size and number of bedrooms. All of the units of the Project are Target Units. Exhibit A, attached, indicates the location of the units within the Property. The proposed apartments will consist of 32 studio units of 440 square feet each and 128 one-bedroom units, 96 that are 550 square feet each, and 32 that are 578 square feet each. 5. Tenure of use restrictions. The use restrictions and conditions described in this Agreement shall run with the land and shall be binding on all parties and all persons claiming under them until January, 2033, at which time said conditions shall be automatically extended for successive periods of ten (10) years unless, no more than thirty days prior to any extension date, the owner or owners of the Property wish to change said conditions in whole or in part through negotiations with and approval of the City Council of the City of Redlands. The City of Redlands is given the express authority by the Property Owner to enforce the restrictions and conditions described in this Agreement. 6. Schedule for completion and occLipancv. It is estimated that the projected time to completion of construction of the Project is within 24 months of Conditional Use Permit application approval by the City. Occupancy of the Project is projected to be immediately after completion. 7. Additional Incentive Description. The additional development incentive approved by the City is a reduction in the amount of parking as allowed per Section 18.228.050.B.I.f of the Redlands Municipal Code. The number and type of parking spaces required for the Property shall be no less than one parking space for every two dwelling units pursuant to section 18.228.050 paragraph (B) sub-paragraph (1) sub- paragraph (f) of the Code. This reduction is further clarified as follows: The City's regular multi-family residential dwelling parking requirement of one parking space for every zero —one bedroom unit, plus one space per two dwelling units for visitors, would be a total of 240 parking spaces for the Project. The incentive reduction is to allow 80 parking spaces for the project. 4::� 8. Remedies for Breach. In the event the Property Owner falls to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of its obligations or representations under this Agreement, the City shall have the right to, without any liability whatsoever, cease the provision of City utility services to the unit(s) which breach the provisions of this agreement until such time as the breach(s) have been corrected, at which time the City utility services must immediately be provided again. In addition, the City shall have the right to require cessation of use of the Property by the Property Owner and its successors. These rights shall be in addition to any other legal or equitable relief available to the City. 9. Liquidated Damages. The Property Owner acknowledges that the City is implementing the goals, objectives and policies of the City's General Plan Housing Element, and that City will grant a density bonus with an additional incentive to Property Owner to provide for housing for senior citizens. If the Property Owner does not rent the Property to senior citizens in accordance with the terms of this Agreement, the Property Owner will be in default of this Agreement and the City will suffer damages. However, it is extremely difficult and impractical to ascertain the extent f the damages to the City. Therefore, the Property Owner and the 071, 11 agree that if the Property is not rented or leased to senior citizens in accordanckei'th the terms of this Agreement, as liquidated damages, the City shall be entitled to recover from the Property Owner the amount of any rents received from any units rented to non-senior citizen tenants until such time as the non-senior tenants no longer occupy the units. 10. Section Headings. All section headings and sub-headings are inserted for Z:1 convenience only and shall not affect any construction or interpretation of this Agreement. 11, Governing Law. This Agreement and any dispute arising hereunder shall be Zn governed by and construed in accordance with the laws of the State of California. I'). Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms of 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. 13. Binding Effect. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest of the Parties hereto. 14. Authority to Execute. The person or persons executing this Agreement on behalf of the Property Owner warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owner of the Property. 15. Construction. The Parties agree that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement. The Parties further agree that this Agreement represents an "an-ns-length" transaction agreed to by and between the Parties and that each party has had the opportunity to consult with legal counsel regarding the terms, condition and effect of this Agreement, 16. Entire Agreement/Modification. This Agreement contains the entire understanding and agreement of the Parties as to the matters contained herein, and there are no oral or written representations, understandings or ancillary covenants or agreements which are not contained or expressly referenced herein. Any modification of this Agreement shall be in writing, executed and approved by the Parties. Agreed and Acknowledged: Property Owner Tellus Financial Group, Inc. By D 49 ate: Mark Utzinger, President 1\ City of Redlands Date: Karl N Haws, Mayor ATTEST: Date: 0S City ,Icrk- -AYTA0490 CERnf"TE k CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 3 I ss. County of ,�� lJ'-� I On L 1 6 Jn before me, Dale�' � [ �0.- � � f��N„ame antl Title of Officer(e.g.,'Jane Doe,Nota-µPabtK'� personally appeared 7� nbe Name(s)of Signers) 0 personally known to me roved to me on the basis of satisfactory evidence DAWN BURNHAMto be the person(whose names) is/a COMM.#1210263subscribed to the within instrument an r Notary Punic-California (A acknowledged to me that he/s�e/th executed W ORANGE COUNTY -' the sam in his/ r/thkr authorized My Cow.Exp.Feb.9,2003 capacity(iel and that by hislhkIth�ir signature(sj n the instrument the person( or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. signature of Notary Pablic 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 j� 0x1 (�� Ttl or Type of Document:'� riomp Document Date:l tblo Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: > Individual T Corporate Officer--Title(s): Partner— Limited -General Attorney-in-Fact ? Trustee ? -) Guardian or Conservator J Other: Signer Is Representing: < ®1499 National Notary assoaaror•9aSO De Soto Ave,PO.Be,2402•Chatsworth.CA 913132402-www.nat(onelnotary-org Protl-No.5967 P orc r.Gan T&I-Free 1-860-876-5827 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 January 22, 2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk f the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer I Xj personally known to me - or - I I 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. LORRIE POYZER, CITY CLERK pp- q By Beatrice Sanchez, Ptputy City Clerk 1888 -7531 ......... (909)798 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorniky-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor 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: Agreement for Density Bonus and Incentive Date of Document: January 16, 2003 Signer(s) Other Than Named Above: Mark Utzinger for Tellus financial Group, Inc.