HomeMy WebLinkAboutResolution 2013-029 a attachment CUP 2003-0095 Exhibit B -Unit 207 JULIE RODE'°°QLD €Jo
San Luis Obispo -.,unty—Clerk/Recorder 11/08/2005
Recorded at the request of 8:00 AM
Cuesta Title Company
D 0 C# : 2005094197 Titles: 1 Pages: 8
This document is recorded for the benefit of the
City of Atascadero and is exempt from Fees 0,00
recording fees pursuant to Government Code Taxes 0,00
Sections 6103 and 27383 i others 0.00
PAID $0.00
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Atascadero
Community Development Department
6905 EI Camino Real, Suite 6
Atascadero, CA 93422
AGREEMENT TO PROVIDE HOUSING UNITS
FOR PERSONS AND FAMILIES OF VERY-LOW INCOME
THIS AGREEMENT is made and entered into this ✓ day of
Ira
DC/1 � &, 2005, by and between the owner on title report,hereinafter collectively
referred to as"Developer," and the CITY OF ATASCADERO,a political subdivision of the
State of California,hereinafter referred to as"City."
WITNESSETH
WHEREAS, Developer is the record owner of certain real property(hereinafter referred
to as"Developer's,Property") located in the City of Atascadero, County of San Luis Obispo,
State of California, described in Exhibit A attached hereto and incorporated by reference herein
as though set forth in full; and
WHEREAS,Developer proposes to develop and construct a single family residential unit
on Developer's Property known as Unit 207 of Tract 2426 (hereinafter referred to as the
"Project"); and
WHEREAS, as proposed by Developer in exchange.for a planned development approval,
Developer is required by Condition 7 of the tentative tract map TTM 2004-0052 (Tract 2426) to
record a deed restriction against 7 parcels(Units 207,211, 240,241, 229, 224,227) requiring
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affordable housing units be provided to Very-Low Income households.(50%or less of San Luis
Obispo County median income)consistent with California Government Code Section 50093 for
a period of 30-years;and,
WHEREAS,Developer has supplied City with a current title company preliminary title
report or lot book guarantee listing all trust deed beneficiaries and mortgagees,if any,under
prior recorded deeds of trust and mortgages on Developer's Property.
NOW, THEREFORE, in consideration of City approval of planned development project,
and in further consideration of the mutual promises, covenants and conditions herein contained
and the substantial public benefits to be derived therefrom,the parties hereto agree as follows:
1. Continued availability of residential unit. The residential units located on the property
shall be sold or rented.under this agreement subject to the long-ternn housing affordability
provisions consistent with the income limits of Very-Low Income households(50%or
less of San Luis Obispo County median income)consistent with California Government
Code Section 50093 for a period of 30-years following the date of recordation of this
document.
2. Selection of owners and tenants. The Developer or Developer's appointee shall make the
selection of the buyers or tenants for the affordable units(households). Each buyer or
tenant will be required to fill out"Household Income Summary", described in Exhibit B
attached hereto and incorporated by reference herein as though set forth in full,to be
screened for eligibility and certified as income qualified pursuant to paragraph 1 above.
As used in this agreement,the term"household"shall mean the occupants(excluding
minors) of each affordable unit who contribute to the household income.
3. Eligibili1y, The Owner agrees to retain the San Luis Obispo County Housing Authority
or other qualified entity acceptable to the City,and pay any necessary fees for services,
for screening of potential buyers of the properties to determine if they qualify as Eligible
Households:
4. Continuing eligibility of tenants(renters only. Tenant incomes shall be recertified once
each year. The Developer or subsequent owner shall notify each tenant in writing at least
sixty(60)days in advance of the impending recertification. The notification shall require
the tenant to submit to the certifying entity(as identified in paragraph 2 above)a
declaration of income within thirty(30).days in a form approved by the Atascadero
Community Development Director. The certifying entity shall verify the accuracy of the
declaration,certify the tenant's income accordingly and notify the tenant in writing of the
certification and any implications of the tenant's income exceeding the low and moderate
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income standards pursuant to paragraph 1 above. If during the annual recertification,the
tenants have become ineligible under the household income limits after occupying the
affordable units,they may remain in possession of their units for the next year.Provided,
however,if at the end of the next year during annual recertification the tenants are still
ineligible under the household income limits,then the tenants shall vacate the premises
within ninety(90)days after the date of annual recertification.and said premises shall be
occupied thereafter by tenants that are eligible under the household income limits set
forth in paragraph 1 above. Should a tenant fail or refuse to supply the information
required for the annual recertification,the tenant shall be deemed to be over income and
shall be required to vacate the premises within ninety(90)days after the date of the annul
recertification.A tenant that is receiving rental assistance through the Authority shall be
deemed to meet the household income Iimits of this agreement and the Developer shall be
relieved of the annual recertification requirements of this paragraph during that time
period.
5. Affordable sales prices or rent. The sales price or rent level of the affordable units shall
not exceed the current Fair Market Rents as published quarterly by San Luis Obispo
County Department of Planning and Building for Very-Low Income households(50%or
less of San Luis Obispo County median income)consistent with California Government
Code Section 50093 for a period of 30-years. The sales price or rent level may be
adjusted annually by the change in the published Fair Market Rents, except that tenants
receiving rental assistance may not have their rents adjusted by more than the published
annual adjustment factor. A special adjustment to reflect increases in the actual and
necessary expenses of owning and maintaining the units which have resulted from
substantial general increases in real property taxes,utility rates or similar costs may be
granted,but only to the extent that the Developer clearly demonstrates that such general
increases are not adequately compensated for by the annual adjustment provided for
above. Any such special increases shall require written approval of the Community
Development Director and in no case shall the increase provide for a rent level in excess
of 110 percent of the Fair Market Rents. Notwithstanding any other provision of this
paragraph, the rent level for the affordable units shall not exceed the Fair Market Rents
for comparable housing units in the community in which the Project is located, as
determined by the Authority or such other agency as may be designated in writing by the
Community Development Director,
6. Tenant Eligibility Reporting(renters only.Developer or owner shall report annually in
writing to City in a form acceptable to the Community Development Director,no later
than February I"of each year on the occupancy of the affordable units. The report shall
include at a minimum for each affordable unit the rent paid,the household income,and
the household size. The adult members of the household shall be identified by name. The
City shall maintain the confidentiality of such personal information to the extent
permittedby law,and such information shall be used only for necessary audit and
administrative purposes.
7. Maintenance of affordable units. The affordable units are to be maintained in a
reasonable and habitable condition. The affordable units shall be maintained to no lesser
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standard than that which generally prevails in other housing units of the Project,and the
owner or tenants of the affordable units shall be entitled to no lesser degree of rent
inclusive benefits, including without limitation parking privileges, storage privileges,
utility services,recreational facilities, or other advantages,than tenants of other housing
units in the Project.
8. Indemnification. The Developer shall defend, indemnify and save harmless the City of
Atascadero, its officers,agents and employees from any and all claims, demands,
damages, costs,expenses,judgments, or liability occasioned by the performance or
attempted performance of the provisions hereof,or in any way arising out of this
agreement, including,but not limited to,those predicated upon theories of violation of
statute, ordinance or regulation,violation of civil rights, inverse condemnation, equitable
relief,or any wrongful act or any negligent act or omission to act on the part of the
Developer or its agents,employees,or independent contractors. Nothing contained in the
foregoing indemnity provisions shall be construed to require the Developer to indemnity
the City against any responsibility or Iiability contravention of Section 2782 of the Civil
Code.
9. No assignment without consent.Developer shall not have the right to assign or transfer
this agreement,or any part hereof,without the prior written consent of the City,whose
consent will not be unreasonably withheld.
10. Binding on successors in interest. This agreement shall be deemed an equitable servitude
and a covenant running with the land described herein and shall be binding on the parties
hereto and their heirs, assigns,and successors in interest. Developer further agrees that
reference to this agreement, its obligations, and the restrictions on the use and enjoyment
of Developer's Property shall be referred to and made a part of any deed conveying
Developer's Property or any portion thereof.
11. Effect of waiver. City's waiver of the breach of anyone term,covenant or provision of
this agreement shall not be a waiver of a subsequent breach of the same term, covenant or
provision of this agreement or of the breach of any other term,covenant or provision of
this agreement.
12. Enforceability. If any term,covenant, condition or provision of this agreement is held by
a court of competent jurisdiction to be invalid,void or unenforceable,the remainder of
the provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
13. Law governing and venue. This agreement has been executed and delivered in,and shall
be interpreted,construed,and enforced pursuant to and in accordance with the laws of the
State of California.All duties and obligations of the parties crated hereunder are
performable in the County of San Luis Obispo,and such County shall be that venue for
any action,or proceeding that may be brought,or arise out of,in connection with or by
reason of this agreement.
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14. Notices. Unless otherwise provided,all notices herein required shall be in writing, and
delivered in person or sent by United States first class mail,postage prepaid. Notices
required to be given to City shall be addressed as follows: Community Development
Director,City of Atascadero,6907 El Camino Real,Atascadero,California 93422.
Notices required to be given to Developer shall be addressed as follows: JRCA,LLC, 317
Main Street,Templeton,CA 93465. Provided that any party may change such address by
notice in writing to the other-party and thereafter notices shall be addressed and
transmitted to the new address.
15. Developer not agent of City.Neither Developer nor any of Developer's agents or
contractors are or shall be considered to be agents of City in connection with the
performance of Developer's obligations under this agreement.
16. Agreement to be recorded. Developer and City intend and consent to the recordation of
this agreement in the office of the County Recorder of the County of San Luis Obispo.
IN WITNESS WHEREOF,the parties hereto have executed this agreement as of the day
and year first above written.
DEVELOPER
Type or Print Property Owner
By: . .
Signature '
State of Califon }
County of San Luis Obispo} / I-•,
On t Q—(a ,20)5efore e, L_ '6M 0 , Notary Public,
personally appeared GSnr�QdE'tx.3 ra�� ,( ) personally known to me,or proved to
me on the basis of satisfactory evidence,to be he person(s)whose name(s) is/are su c ibed to the
within instrument and acknowledged to me that (s)he/they executed the same in his/her/their
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s)or the entity(ies)
upon behalf of which the person(s)acted,executed the instrument.
Witness y hand and official seal. L.
WG NSTEER
;� f COMM. #1349591
= MNotify PuNic-C0ornia
Notary Public � +' i Collj.' of San Luis Ot+ispo
,v Co::m. C.�hpr.5,2GCv t
Capacity claimed by signers): 2,
( ) individual(s) ( ) corporation ( ) partnership { ) attorney-in-fact ( ) political agency
Page 5 of 8
CITY OF ATASCADERO
By:
Wade G. Mc inney
City Manager
State of California }
County of San Luis Obispo}
On ' ' , 2t3 before me,��rl(2 hen 1 1/l,C i P a Cp Notary Public,
personally appeared ()Q personally known to me, or( ) proved to
me on the basis of satisfactory evidence,to be the pe on* whose names is/ax"ubscribed to the
within instrument and acknowledged to me that 4e)he/that executed the same in his/"- -art;
capacity(ioej and that by hisl I%W signature*on the instrument the person(s)-or the entity(.ias)
upon behalf of which the persons}acted,executed the instrument.
Witness my h/anod andoff�ic/iaSHANNON MARIE sets�4 s al. Commimlon# 1544704
f u�tl Uc Y > z 01MY
Notary Public, CaliforniaSon Luis Ob soo County
Notary Public COMM Exr1-!es Feb 3,2009f
Capacity claimed by signer(s):
(°,j individual(s) ( )corporation ( ) partnership ( )attorney-in-fact ( ) political agency
Appro�eas to form:-
;'
l atrigklz'l City Attorney
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EXHIBIT 44A"
UNIT 207 OF TRACT 2426, IN THE CITY OF ATASCADERO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP
RECORDED ON 200,7 IN BOOK -1-1 AT PAGE(S)
15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDED
OF SAID COUNTY.
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Exhibit 8
Household Income Summary
HOUSEHOLD INCOME SUMMARY(CONFIDENTIAL)
The following information is requested by the City of Atascadero to determine the total income of a
household,which proposes to purchase or rent a housing unit designated as low or moderate income
housing. The City may independently verify reported income by source. This information will be held
confidential and will not be open for review by the public.
Property Address Total number of persons in household
Names of Adults in Household: Their Sources of Income Income Amounts Name/Address of Income Source
1. Salaries/wages $
AFDC/welfare $
Social Security $
Pensions,etc.: $
Other( } $
Total $
2. Salaries/wages $
AFDC/welfare $
Social Security $
Pensions,etc.: $
Other( ) $
Total $
I Salaries/wages $
AFDC/welfare $
Social Security $
Pensions,etc.: $
Other( ) $
Total $
4. Salarieslwages $
AFDC/welfare $
Social Security $
Pensions,etc.: $
Other( } $
Total $
Total Household Income $
Uwe hereby certify that the above information and statements are true,accurate and complete.
Uwe authorize the City of Atascadero to request and obtain verification of my/our income.
Sipa.ture Date Signature Date
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END OF DC)WE*l