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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 Page 1 of 8 4 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 Page 2 of 8 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 Page 3 of 8 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. Page 4 of 8 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 Page 6 of 8 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. Page 7 of 8 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 Page 8 of 8 END OF DC)WE*l