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HomeMy WebLinkAbout2013/03/19 Item 13CITY COUNCIL AGENDA STATEMENT ..wi'-• clrY of ------ CHULAVISTA March 19, 2013, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS BY AND BETWEEN THE CITY OF CHULA VISTA AND MONARCH AT TAVERA, L.P. FOR A RENTAL HOUSING DEVELOPMENT TO BE LOCATED ON NEIGHBORHOOD R-29 IN OTAY RANCH VILLAGE 2 IN SATISFACTION OF THE CITY'S BALANCED COMMUNITIES POLICY i SUBMITTED BY: ASSISTANT CITY MANAGE DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGER 4-STHS VOTE: YES ~ NO SUMMARY Monarch at Tavera, L.P. proposes to develop a one hundred eight-seven (187) unit housing project located on Neighborhood R-29 in Otay Ranch Village 2 in the City of Chula Vista, of which ten (10) units will be operated as affordable rental housing for moderate income households and the low income obligation will be satisfied by alternative methods, consistent with the Affordable Housing Program of the Otay Ranch Village 2 Sectional Planning Area (SPA) Plan and the City's Balanced Communities Policy. ENVII20NMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Final Second Tier Environmental Impact Report, EIR 02-02. Thus, no further CEQA review or documentation is necessary. RECOMMENDATION Adopt resolution. 13-1 March 19, 2013, Item /3 Page 2 of 3 BOARDS-COMMISSION RECOMMENDATION Not applicable. DISCUSSION On May 23, 2006, the City approved the Otay Ranch Village 2 Sectional Planning Area (SPA) Plan by Resolution Number 2006-156. The Affordable Housing Program of the SPA Plan provides for five percent of all newly constructed dwelling units in Village 2 being designated for occupancy and affordability by low-income households and five percent for moderate-income households consistent with the City of Chula Vista Housing Element established Policy 5.1.1 of the City's Housing Element of the General Plan ("Balanced Community Policy"). Proposed Proiect Monarch at Tavera, L.P. ("Developer") is proposing to build a one hundred eighty-seven (187) unit housing project located on Neighborhood R-29 in Otay Ranch Village 2 in the City of Chula Vista (the "Project"). Tavera will be located neaz a mixed use retail commercial site, a designated pazk site and Otay Ranch High School. The Project will provide a mix of 1, 2 and 3 bedroom units with attached gazages and parking with some carports for a second car. Amenities will include a recreation building with recreation rooms and gym, and an outdoor entertainment/bazbecue azea, pool, spa, restrooms and a tot lot. Affordable Housing Obligation Based on a total of 187 residential housing units, the developer has an 18.7 unit Affordable Housing Obligation (9.35 low and 9.35 moderate). The developer has satisfied 6.35 of the required low income units by transfer of low-income affordable housing credits to the project leaving three (3) low income units remaining to be satisfied. The Developer is proposing to operate the development as a rental community. Per the Balanced Communities Policy Guidelines (Sept. 2012) and recent litigation in Palmer/Sixth Street Properties, L.P. v City of Los Angeles (2009) 175 Ca1.App.4th 1396, a developer of a rental project must be provided options to fulfillment of the affordable housing obligation in addition to on-site development. Consistent with the above, the Developer is proposing to fulfill their obligation by providing ten (10) units on the Project for moderate income households and fulfillment of the low income obligation by one of the following alternative methods: • Transfer of three (3) low income affordable housing credits from a source within the Otay Ranch Spa Two (Village 2) master planned community; or • Payment of an in lieu fee to the City. Moderate Income and Rent Covenants Ten (10) units within Tavera will be operated as affordable rental housing for moderate income households (the "Affordable Units") in compliance with the Affordable Housing 13-2 Mazch 19, 2013, Item /j Page 3 of 3 Program. The unit break down, income restrictions and estimated rents (minus a utility allowance) is summarized in the table below. ~, ~ 5 e, r ~ s 1'~umber of _ ~ Income T eva~ . LV 1J 1.~~11Lated Rent$ t 7lmt'DescQa{({~mr} 2 if" `~' CT .~~~ s A ''£ ~ ~V~ n(y 4x~( ~ f , ~' ~ A ~~1Uj.'f t.Yrt f1~y/gyp"~~~~k €~P ~SII~ / ~` ~~^ ~ , t d~ ~rt~rI1110wan~i!1 iV YYSf .3;N ', ~t$ ~ ~' ~ i t( L~ y ~{t § Lfy i' ~ ji t ~~ ~f f IP~~jh4 a i4E .]'PSSr d.€ "i~`4'}a~ ,`S !: 1th ~ ~ ~.~4t.'^°'}E €y ~,~V . , $,,.t, µ ' { 'xp-~ ti~X d3''~t W~rt~. ~C~iS~~ *.'~ YX . 5 ... .I'i ,~~! ~.P $ ~'f F F 'S w t p .. ~i r ~ (' ~}s7 ,. ~. t 1X" 1 3 ' Y e .. ,~j ~ , ~ ~" ~ R `Ht 33 [~ pdit~f ' pat +~'E3p'v ~~k, f I '#. . J~ V . ~ ~' $+, ~ l f ~.i tr ~2° '"v~.€F t ~ ~fl A?"s~ a ., tutE 1 bdl ba 4 Moderate Income (120% AM $1,590 2 br2 ba 5 Moderate Income 120%AM7) $1,789 36r26a 1 Moderate Income (120%AM $1,988 TOTAL AFFORDABLE IO f i Y t ~ h t t ' b . . UMTS . „ , , '#t ~ . The income and rent restrictions are incorporated into the Declaration of Covenants, Conditions and Restrictions to be recorded against the property and will be binding on Developer and its successors and assigns in the Property. The Declazation will be maintained for a period of twenty (20) years. The Declazation is provided in substantially final form as Attachment 2. Conclusion As stated in the City's Housing Element of the General Plan, the City has a pressing need for quality affordable housing and in general, more balanced and varied housing, particulazly in the eastern area of the City. Tavera Apartments will provide quality affordable housing with an integrated mix of moderate and market rate housing, on site amenities, and a desirable location directly adjacent to key neighborhood services, amenities and facilities. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. CURRENT YEAR FISCAL IMPACT No fmancial assistance and or incentives are required from the City of Chula Vista. Staff support costs were paid by the Developer. ONGOING FISCAL IMPACT Staff support costs associated with the ongoing monitoring for compliance with the regulatory restrictions and administration of the Declaration are budgeted in the personnel portion of the Housing Authority budget. ATTACHMENTS 1. Locator Map 2. Declaration of Covenants, Conditions and Restriction Prepared by: Stacey Kurz, Senior Project Coordinator Development Services Department, Housing Division 13-3 ATTACHMENTI LOCATOR MAP 13-4 ATTACHMENT2 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION (next page) 13-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. Googins City Attorney Dated: 3 '~ ~/ ~ 3 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (TENTANT RESTRICTIONS) (LOT R-29 OTAY RANCE VILLAGE TWO) 13-6 NO CHARGE ON THIS DOCUMENT PER CALIFORNIA GOVERNMENT CODE SECTION 6103 Recording Requested By And When Recorded Mail To: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (Lot R-29 Otav Ranch Village Twol THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration") is dated as of the day of , 2013, by Monarch at Tavera, L.P., a Delaware limited partnership ("Declarant") in connection with that certain pazcei of real property ("Property") located in the City of Chula Vista ("City"), County of San Diego, California, described in Exhibit "A" attached hereto and incorporated herein by reference. RECITALS A. The Ciry of Chula Vista Housing Element established Policy 5.1.1 of the City's Housing Element of the General Plan ("Balanced Community Policy"), which requires the occupancy and affordability of ten percent (10%) of each housing development of 50 or more units for low and moderate-income households, with at least one half of those units (5% of project total units) being designated for low-income households (the "Affordable Housing Obligation"). The Balanced Community Policy also allows, under specified circumstances, alternative means of compliance. B. The Property is located within Otay Ranch Village 2 in Chula Vista, California (as more particularly described on the Property Legal Description attached hereto as Exhibit "A", the "Property"). Declarant has acquired title to the Property and will be constructing and permanently financing acne hundred eighty-seven (187) unit housing project (the "Project"). C. In accordance with Policy 5.1.1, Developer is obligated to meet the Affordable Housing Obligation of 18.7 affordable units of which 9.35 units aze to be for moderate income households and 9.35 units aze to be for low income households. 6.35 of the required low income units have been satisfied bytransfer oflow-income affordable housing credits to the project leaving three (3) low income units remaining to be satisfied. D. To meet the requirements of the Balanced Community Policy, the Declarant has agreed to enter into and record this Declaration to provide ten (10) units within the Project to be Page 1 of 12 13-7 operated as affordable rental housing for moderate income households (the "Affordable Units"). Prior to issuance of building permit Declarant may satisfy its Affordable Housing Requirement for the remaining three (3) low income unit requirement by Declazant notifying and executing one of the following alternate methods ("Alternate Methods"): Cause the transfer of three (3) low income affordable housing credits from a source within the Otay Ranch Spa Two (Village 2) masterplanned community; or 2. Payment to the City of Chula Vista of an in lieu fee in the amount of $124,220 per unit for a total of $372,660, which payment shall be placed in the Inclusionary Housing Fund. E. The purpose of this Declaration is to regulate and restrict the rents and occupancy of the Affordable Units and to implement controls on the ownership, operation, and management of the Affordable Units. The covenants in this Declaration aze intended to run with the land and be binding on the Declazant and its successors and assigns in the Property. NOW, THEREFORE, Declazant hereby declazes that the Property shall be subject to the covenants, conditions and restrictions set forth below: 1. Restrictive Covenants. Declarant agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Declaration set forth herein ten (10) units at the Property shall be set aside and reserved as "Affordable Units: ' As used herein the term "Affordable Units" shall refer to those residential units at the Property which are owned or held available strictly in accordance with the terms and conditions set forth below. (a) Affordable Unit Restrictions. The following restrictions shall apply to the ten (10) Affordable Units. The restrictions set forth in the Table below shall establish the maximum rental rate, whennot precluded by state law, from which a utility allowance, as approved by the City, shall be deducted:- TABLE 1: RENT, INCOME AND OCCUPANCY RESTRICTION•CRFfERIA UMT NUMBER OF MAXP~IJM % OF MAXIMUM MONTHLY YEARS OF MIlVA-IUM UNrC DESCRIPTION AFFORDABLE AREA MEDL4N RENTS AS PERCENTAGE RENT OCCUPANCY UNTTS INCOME OF OF AREA MEDL4N RESTRICTION ELIGIBLE TENANTS INCOME ADn1STID FOR FAMII.Y SIZE APPROPRIATE FOR THE UN1T 1 bd] ba 4 120% afAMI I/12"of 30% of 110% ofAMI 20 1 person 2 br2 ba 5 120%ofAMI 1/12'"of 30%of 110%ofAMI 20 2persoas 3 br26a 7 120% of AMI 1/121hof 30% of 110%of AMI 20 3 persoas TOTAL AFFORDABLE l0 "'..,_ . ' +S'... d ~s i a -• h r.. .~ :. i.,r c: i. ~''.% UNTFS Page 2 of 12 13-8 (b) "Eligible Tenants" are those tenants whose aggregate gross annual income does not exceed the respective percentages set forth in Table 1 above of the annual median income, as adjusted for family size. All the units shall be Affordable Units as referenced in the Table. For purposes of this Declaration, the current annual median income shall be the median income defined by the State Department of Housing and Community Development ("HCD") as the then current median income for the San Diego Standard Metropolitan Statistical Area, established periodicallyby HCD, as adjusted for family size. The rents and the occupancyrestrictions shall be deemed adjusted, from time to time, in accordance with any adjustments that are authorized by HCD or any successor agency. In the event HCD ceases to publish an established median income as aforesaid, the City may, in their sole discretions, use any, other reasonably comparable method of computing adjustments in area median income. Notwithstanding anything contained herein to the contrary; to the extent any other restrictions applicable to the Property limit the rent and/or occupancy of the Property, the most restrictive shall apply. (c) An adjustment of rents may be performed annually in accordance with the rents contained in the applicable City or HCD rent schedules published by the City for the affected unit type and updated from time to time. Further, the rents charged shall be further limited as set forth in Section 14, hereof. 2. Affordable Marketine Plan Compliance; Selection of Residents. Declarant shall utilize the City's standardized management. and marketing plan for rental of all of the Affordable Units. Declarant's marketing of the Affordable Units shall be in compliance with federal and state fair housing laws. The marketing plan, at a minimum, requires publicizing the availability of the Affordable Units within the City, such as notices in any City-sponsored newsletter, advertising in local newspapers, and notice in City offices. In the event the City implements a master waiting list for affordable housing in the City ("Master List"),then Developer shall provide notices to persons on the Master List of the availability of the Affordable Units, prior to undertaking other forms of marketing. Developer shall give the persons on the Master List not fewer than fifteen (15) days after receipt of such notice to respond by submitting application forms for rental of the Affordable Units. Selection of residents shall be made based upon the Master List, rather than on a first-come, first- serve basis. Provided, however, (i) all tenants of each Affordable Unit shall meet the income requirements set forth herein and tenancy and eligibility shall be in conformance with the terms and standards set forth in the management marketing plan and no preference may be used for the purpose or effect of delaying or otherwise denying admission to the Property or unit based on the race, color, ethnic origin, gender, religion, disability, or age of any member of an applicant household; and (ii) nothing herein shall restrict Declarant from screening tenants through the application of criteria which is lawful and customary in aparllnent management in San Diego County and otherwise consistent with federal, state and local regulations and restrictions related to the financing for the Project. 3. Determination; Annual Requalification. Declarant shall obtain from each person to whom Declarant leases an Affordable Unit a "Supplemental Rental Application" ("Application") in the form of Exhibit "B", attached hereto (or such other form as City may from time to time adopt). Declarant shall be entitled to rely on the Application and supporting documents thereto in determining whether a household is an "Eligible Tenant". Declarant shall retain the Application and supporting documents for a period of not less than three (3) yeazs after the household ceases to Page 3 of 12 13-9 occupy an Affordable Unit. An Affordable Unit occupied by an Eligible Tenant, shall be treated as an Eligible Tenant until a recertification of such tenant's income demonstrates that such tenant no longer qualifies as an "Eligible Tenant " 4. Increased Income of Tenants. (a) Non-Oualifvine Household. If, upon recertification of the income of a Tenant ofan Affordable Unit, the Declarant determines that a former Moderate Income Household has an Annual Income exceeding the maximum qualifying income for a Moderate Household set forth in Secfion 1 (b), such Tenant shall be permitted to continue to occupy the Unit at the market rate rent, and the Owner shall rent the next available Unit to a Moderate Income Household, as applicable; to meet the requirements of Section 1 above. Declarant shall maintain the occupancy requirements set forth in Section 1 (a) above. 5. Relationship with Declarant. The term "Eligible Tenant" shall not include Declarant or any individuals who are partners or shareholders in Declarant or in any entity having an interest in Declarant or in the Property, or officer, employee, agent or consultant of the owner, developer or sponsor. 6. No Student Dependents. No Affordable Unit shall be occupied or leased to any person who is a full-time student, or a household comprised exclusively of persons who are full-time students, unless suchpersons are marred and eligible to file ajoint federal income tax return. The term "full- time student" shall be defined as any person who will be or has been afull-time student during five calendar months of the calendar year in question at an educational institution (other than a correspondence school) with regulaz faculty and students and or a student dependent as defined in the U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same dwelling unit. 7. Income of Co-tenants, etc. The income of all co-tenants and/or non-dependent occupants shall be taken into account in determining whether a household is an Eligible Tenant hereunder. 8. Eviction. (a) Any Reason Other Than Over Income. In the event that a tenant who was properly certified as an Eligible Tenant at the commencement of such tenant's occupancy ceases to be eligible, for any reason other than Annual Income exceeding the maximum qualifying income for a Moderate Household, Declarant shall have the right to pursue all legal remedies available under such tenant's lease to cause such tenant to vacate the Affordable Unit. The vacated Affordable Unit shall thereafter be rented to an Eligible Tenant. 9. Maintenance. (a) Physical Condition of Affordable Units. After completion of the Affordable Units, Declazant shall continually maintain the Affordable Units in a condition which satisfies the Housing Quality Standazds promulgated by HUD under. its Section 8 Program, as such standazds aze interpreted and enforced by City under their normal policies and procedures. City shall have the Page 4 of 12 13-10 right to inspect the Affordable Units from time to time, on reasonable notice and at reasonable times, in order to verify compliance with the foregoing maintenance covenant. Further, each Affordable Unit shall be requalified annually, as to the foregoing maintenance covenant, as part of the annual tenant requalification process described in Section 3 above. Any deficiencies in the physical condition of an Affordable Unit shall be corrected by Declarant at Declarant's expense within thirty (30) days of the identification of such deficiency by City and delivery ofwritten notice ofthe same to Declarant (unless such deficiency is not capable of being cured within such thirty (30) day period, then such amount of time as City determines is needed, not to exceed one hundred twenty (120) days, provided Declarant commences cure within such thirty (30) day period and continues to diligently pursue cure). (b) Crime-Free Proiect. At all times during the term of this Declaration, the beclarant shall participate in the City's Crime-Free Multifamily Housing Program, or any successor or similaz program established by the City. 10. Monitoring. It is contemplated that, during the term ofthis Declazation, the Citywill perform the following monitoring functions: (a) preparing and making available to Declazant any general information that the Citypossess regarding income limitations and restrictions which are applicable to the Affordable Units; (b) reviewing the documentation submitted by Declazant in connection with the annual certification process for Eligible Tenants described in Section 3, above; and (c) inspecting the Affordable Units to verify that they are being maintained in accordance with Section 9, above. Notwithstanding the foregoing description of City functions, Declazant shall have no claim or right of action against the City based on any alleged failure to perform such function. 11. Declaant Required to Pay Monitorin¢ Fees. Declarant shall pay the City Housing Division a set- up fee of Six Hundred Fifty Dollars ($650.00) which shall be paid by Declaant to City within ten (10) days of written demand for the same. Thereafter, in each subsequent year during the term of this Declazation, Declarant shall pay to City an annual monitoring fee, in an amount equal to the set-up fee, increased by three percent (3%) cumulative each year. The annual monitoring fee shall be paid to City annually within ten (10) days after City provides a written invoice for the same. Failure to timely pay such fees shall constitute a material default under the terms and conditions of this Declaration. Both the set-up fee and annual monitoring fee shall be paid to City as a consideration for the lending of funds by Agency to Declarant. 12. Lease Provisions. Declarant agrees that it will include in all of its leases, and cause its successors in interest to include in all of their leases, the following provision: Lessee agrees, upon written request from the Landlord, City of Chula Vista ("City"), to certify under penalty of perjury the accuracy of all information provided in connection with the examination or reexamination of annual income of the tenant's household. Further, tenant agrees that the annual income and other eligibility requirements are substantial and material obligations of the tenancy and that the tenant will comply promptly with all requests for information with respect to the tenancy from the Landlord, City. Further, tenant acknowledges that tenant's failure to provide accurate information regarding such requirements (regazdless of whether such inaccuracy is intentional or unintentional) or the refusal to comply with the Page 5 of 12 13-11 request for information with respect thereto, shall be deemed a violation ofthis lease provision, and a material breach of the tenancy and shall constitute cause for immediate termination of the tenancy. 13. Non-Discrimination. (a) Obli¢ation to Refrain from Discrimination. Declarant covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Declarant or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of anybasis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases aze defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property or the rental, lease sale of the Property and any dwelling unit thereon. The foregoing covenants shall run with the Property. (b) Nondiscrimination Covenants. Declarant shall refrain from restricting the rental, lease and sale of the Property and any dwelling unit thereon on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (1) Deeds. In deeds "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (2) Leases. lu leases "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of anyperson or group of persons, on account of race, color, religion, sex; sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or Page 6 of 12 13-12 segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." (3) Contracts. In contracts "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 14. Successors Bound. Declarant covenants, for itself and its successors and assigns, not to sell; transfer, assign or otherwise dispose of ownership of the Property, without the express written consent of the City, whose consent shall not be unreasonably withheld. Any_prospectivepurchrier, transferee or assignee shall expressly promise in writing to be bound by all of the provisions hereof, including the covenant in this Section 13 to require successors to expressly assume the obligations herein. 15. Maximum Rent To Be Collected by Declarant. In no event, shall all of the rent, including the portion paid by the Eligible Tenant and any other person or entity, collected by Declarant (the "Total Rent") for any rent restricted unit exceed the amount ofrent set forth in Table 1. Total Rent includes all payments made by the Eligible Tenant and all subsidies received by Declarant. In the case of persons receiving Section 8 benefits, who aze Eligible Tenants, Declarant acknowledges that it shall not accept any subsidy or payment that would cause the Total Rent received for any restricted unit to exceed the maximum rents allowed in Table 1, for any Affordable Unit. Should Declarant receive Total Rent in excess of the allowable maximum rent set forth in Table 1, Declarant agrees to immediately notify City and reimburse the City for any such overpayment. Acceptance by Declarant or its successors in interest, of Total Rent in excess of the maximum rent set forth in Table 1 shall constitute a material breach ofthis-Declaration. The City, in its sole and unfettered discretion, may waive a breach of this paragraph if it determines and informs Declazant in writing that Declarants actions to immediately notify City of the overpayment and reimbursement to City for such overpayment has satisfactorily cured the breach of this paragraph. 16. Term. This Declaration and the covenants and restrictions contained herein shall be effective on the date this Declaration is recorded and shall remain in full force and effect for a period of twenty (20) years from the date of issuance of the certificate of occupancy for the 187`h residential unit at the Property. 17. Enforcement. Declazant expressly agrees and declares that the City or any successor public entity or agency is a proper parry and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity to enforce the provisions hereofand/or to recover damages for any default hereunder, notwithstanding the fact that such damages or the detriment arising from such default may have actually been suffered by some other person or the public at large. Further, the City or any successor public entity or agency shall be the proper party to waive, relinquish, release or modify the rights, covenants, obligations or restrictions contained in or arising under this Declaration. Page7o£12 13-13 18. Attomevs' Fees. In the event that any litigafion for the enforcement or interpretation of this Declaration, whether an action at law or arbitration or any manner of non judicial dispute resolution to this Declaration by reason of the breach of any condition or covenant, representation or warranty in this Declazation, or otherwise arising out of this Declaration, the prevailing parry in such action shall be entitled to recover from the other reasonable attorneys' fees to be fixed by the court which shall render a judgment,. as well as the costs of suit. 19. S everabIlity. In the event that any provision or covenant of this Declaration is held by a court of competent jurisdicfion to be invalid or unenforceable, thenit shall be severed from the remaining portions of this Declaration which shall remain in full force and effect. 20. Covenants to Run With the Land. The covenants contained herein shall constitute "covenants running with the land", and shall bind the Property and every person having an interest therein during the term of this Declazation. Declarant agrees for itself and its successors that, in the event that, for any reason whatsoever, a court of competent jurisdiction determines that the foregoing covenants do not run with the land, such covenants shall be enforced as equitable servitudes against the Property. 21. Recordation: Waiver and Amendment; Payment of Fees. This Declaration shall be recorded in the Office of County Recorder of San Diego, California. No provision of this Declaration, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or otherprovision. Except as otherwise provided herein, this Declaration maybe amended, modified or rescinded only in writing signed by Declarant and the City and such amendment or memorandum thereof recorded in the Office of County Recorder of San Diego, California. In the event the City consents to such an amendment, modification or rescission, the same shall be conditioned upon Declarant's payment of all fees and costs incurred by the City with respect to the same, including without limitation attorneys fees. The City may waive the aforementioned costs and fees if the amendment, modification, or rescission is required solely because of City action. . 22. Remedies. (a) Contract Governed by Laws of State ofCalifornia. This Declazation, its performance, and all suits and special proceedings under this Declaration, shall be constituted in accordance with the laws of the State of California and Federal law, to the extent applicable. In any action, special proceeding, or other proceeding that may be brought arising out of, under or because of this Declazation, the laws of the State of California and the United States, to the extent applicable, shall govern to the exclusion of the law of any other forum, without regazd to the jurisdiction in which the action or special proceeding maybe instituted. (b) Standing, Eauitable Remedies; Cumulative Remedies. Declarant expressly agrees and declares that City or any successor or public entity or agency shall be the proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any default hereunder, notwithstanding the fact that such damages or the detriment arising from such a default may have actually been suffered by Page 8 of 12 13-14 some other person or by the public at large. Further, Declarant expressly agrees that receivership, injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder, and that, upon any default, and to assure compliance with this Declaration. Nothing in this subparagraph, and no recovery to the City, shall restrict or limit the rights or remedies of persons or entities other than City, against Declazant in connection with the same or related acts by Declazant. The remedies set forth in this Section are cumulative and not mutually exclusive, except the extent that their award is specifically determined to be duplicative by fmal order of a court of competent jurisdiction. (c) Remedies at Law for Breach of Tenant Restrictions. In the event of any material default under S ections 1 through 19 hereof regazding restrictions on the operation and the transfer of the Property, the City shall be entitled to, in addition to any and all other remedies available at law or in equity, recover compensatory damages. If the default in question involves the collection of rents in excess of the rents permitted hereunder, the amount of such compensatory damages shall be the product of multiplying: (a) the number of months that the default in question has continued until the time of trial by (b) the result of subtracting the rents properly chargeable hereunder for the Affordable Units in question from the amount actually charged for those Affordable Units. Declarant and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to City as a result of such a default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for successive and separate breaches which may occur. Further, interest shall accrue on the amount of such damages from the date of the breach in question at the rate of ten percent (10%) per annum or the maximum rate than allowed by law, whichever is less. Nothing in this Section shall preclude the award of exemplary damages as allowed by law. (d) Expert Witness, Attorneys' Fees, and Costs. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Declaration shall be entitled to their expert witness fees, if any, as part of their costs of suit, and reasonable attorneys' fees as may be awarded by the court, pursuant to Califomia Code of Civil Procedure ("CCP") §1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP §998. 23. Morteyagees Protection. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of anypennitted deed of trust recorded on the Property provided, however; that any subsequent owner of the Property shall be bound by the covenants, conditions, restrictions, limitations and provisions of this Declazation, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. 24. Conversion to Condominiums. In the event Declarant has expressed during the term of this Declaration its intent to convey, transfer or sell of any portion of the Property as a condominium, Declarant shall cause to be executed and recorded covenants and/or a regulatory agreement, as mutually agreed upon, restricting the sale and affordability of required Affordable Units for a period equal to the then remaining term of this Declaration, and shall provide tenants with the required Page 9 of 12 13-15 notices of the intent to terminate tenancy and conversion of the Affordable Units in accordance with this Section. (a) Restriction of Sale to Eli ibg le Bum. Prior to submittal of an application to the California Department of Real Estate for a public report, Declarant shall record against the real properly, a covenant and/or an individual regulatory agreement, in a form and content approved by the City, restricting the sale and affordability of ten (10) of the total units to Moderate Income Households as required in this Declaration and for the then remaining term of this Declaration. Declarant agrees that the conveyance, transfer or sale of any portion of the Property as a condominium prior to the execution and recordation of such covenant and/or regulatory agreement for the sale of Affordable Units, shall be a breach of this Declaration, entitling the City to immediately exercise any and all of their rights and remedies under this Declaration. (b) Notice to Tenants and City. Declazant shall be responsible to give each tenant and each prospective and new tenant of an Affordable Unit all notices and documents required by this Section. A copy of all notices sent to tenants shall be furnished to the City's Development Services Department. (1) Each tenant shall receive written nofice of intention to convert the development to condominium ownership at least 180 days prior to termination of tenancy due to the conversion of the development to individual ownership of the Affordable Units. Following, delivery of such written notice, all prospective and new tenants of an Affordable Unit shall be provided with a copy of such notice. (2) Each tenant shall be given 10 days written notice that an application for a public report will be submitted to the California Department of Real Estate, and that a copy of this report will be available on request, as required by state statutes. (3) Each tenant shall receive written notification of the receipt of the Public Report from the California Department of Real Estate within 5 days of receiving this report, as required by State statutes. (4) No later than sixty (60) days preceding the anticipated date of application for a public report to be submitted to the California Department ofReal Estate, Declarant shall provide the City with written notice of the availability of the Affordable Units for sale, including the type (detached or attached), size (squaze footage and number ofbedrooms), location, and required income level of the unit, with specific reference to this Agreement by date and name of the Declazant who executed the Agreement and location of the Property described in Exhibit A of this Agreement. (5) If the original rental agreement with the tenant was negotiated in Spanish, Tagalog, or another language, all written notices required by this Chapter shall be issued in that language. (6) All notices shall be sent by fast-class mail postage prepaid. Page 10 of 12 13-16 25. Noticing Requirements Prior to Termination. Prior to termination of this Declaration, Declarant shall comply with any and all noticing requirements required under any applicable laws or regulations, including without limitation, the requirements of California Government Code Sections 65863.10 and 65863.11. 26. Signature Authority. All individuals signing this Declaration for a party which is a corporation, a partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the City that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. Declarant: Monarch at Tavera, L.P, a Delaware limited partnership By: Monarch General Partner, LLC Its General Partner By: Rodney F. Stone, Manager By:O~ir/J William Patrick Kruer, Manager Page 11 of 12 13-17 State of California County of San Diego On ~prr yh \\ , 2013 beforeme,~,~n, p/ C~c2c.e alvck;ev Q~n\.v personally appeared ~'cdne~( F. 51nv~e, -=1J.S~ Ili nw. P . krve.~ who proved to me on the basis of satisfactory evidence to be the person(s) whose names is, re subscribed to the within instrument and acknowledged to me that he/sh t e kxecuted the same in lris/her/t ie• authorized capaci res and that by his/he e' signatures on the instrument the persor~`s ,, or the entity upon behalf of which the perso s cted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing pazagraph is true and correct. WITNESS my hand and official sea Signature (Seal) STEFANIE GRECO •`'M ' ^~~ Commission No. 1990567 - - " Noruirws~wr.~uroaw~ ' x. sup wEOO couwn My Comm. Egbw CEPiElAE11 E, 7C1{ Page ]2 of 12 13-18 Exhibit "A" Property Description All that certain real property situated in the City of Chula Vista, County of San Diego, State of California, described as follows: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 10 OF CHULA VISTA TRACT NO. 06-OS OTAY RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4 "A" MAP, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15350, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MAY 26, 2006. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVERNAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCT S DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRII.LING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRII.L AND MINE LANDS OTHER THAN SAID LAND OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF SAID LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRII.L, MINE, STORE, EXPLORE AND OPERATE THROUGH THE: SURFACE OF THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF SAID LAND, AS RESERVED BY OTAY PROJECT L.P., A CALIFORNIA LIMITED PARTNERSHIP IN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF MONTECITO AT OTAY RANCH, RECORDED OCTOBER 4, 2005, AS INSTRUMENT NO. 2005-0856104 OF OFFICIAL RECORDS. (APN: 644-310-10) 13-19 Exhibit "B" Supplemental Rental Application Tavera offers apartments located at and 3 bedroom units. Tavera Apartments Supplemental Application in Chula Vista. The units consist of 1, 2 For more information about Tavera, the units, floorplans, etc, please stop by the Rental Oftice at ,Chula Vista CA The purpose of this program is to provide affordable rental opportunities for low-income households and to ensure that City of Chula Vista meet the goals set forth in the CiTy's Housing Element, Implementation Plan, and Redevelopment goals. The City of Chula Vista and Monazch at Tavera, L.P. thanks you for your interest in and requests that you read this information in its entirety. It is very important that you understand ALL of the program requirements. Once you agree to rent an affordable unit you aze bound by all of the requirements. AFFORDABLE HOUSING UNTTS In order to qualify to rent an Affordable Housing Unit, applicants must meet ALL of the requirements outlined within this document. income restrictions apply. Please refer to the char[ below for the MAXIMUM gross income based upon hossehold sim, which is de5ned as the total number of people residingwithin [hehousehold. You must be able to provide evid®ce that the people you list as household occupants will reside in the affordable unit. Gross income is the total amount of income earned by all persons, over [he age bF 18, within the household before all standard withdrawals (including federal tax, state tax, social security, etc.) Unit Description No. of Units Target Income Group 2013 Proposed Rents I M/1 ba 4 120% ofAMI 2 br2 ba 5 120% of AMI 3 br2ba l 120% of AMI $ 13-20 Exhibit "B" -Supplemental Rental Application ADDITIONAL AFFORDABLE HOUSING PROGRAM REQUIREMENTS RENT SELECTION CRITERIA [Insert if Applicable] The Property Management Company will use the following criteria in order to determine prioriTy for rental of an Affordable Unit. A point system has been established so that applicants with ahigher number of points will receive preference for units. [Insert Point System if Applicable] 13-21 Exhibit "B" -Supplemental Rental Application AFFORDABLE HOUSING RESTRICTIONS APPLICATION REVIEW PROCESS Applicants will be contacted by the rental office staff via U.S. mail acknowledging receipt of complete application and supporting documentation. The property manager and the City will review all applications to detemvne eligibility. Eligible applications will be forwazded to to be reviewed for eligibility. Please be advised that your financial information. will be reviewed for two different purposes: To determine that your household annual income does NOT exceed the maximum allowed by the City of Chula Vista for the Affordable Housing. ALL income will be considered for all persons living in the home who aze 18 yeazs or older, even if the income is not taxable income. To determine ifyour income, employment history and credit rating aze sufficient to qualify for a rental. Before you submit your complete application and supporting documentation please ask yourself the following questions. Do you: Meet ALL the program requirements? Have a good credit rating? Have stable income? If you have answered yes to ALL the above questions....:.... Fill out the attached application and submit it plus ALL required documentation and MAIL to: ATTN: Monarch at Tavera, L.P. 13-22 Exhibit "B" -Supplemental Rental Application AFFORDABLE HOUSING UNIT APPLICATION (1) APPLICANT #1 Name Social Security Number Age Address City State Zip Code Employer Name and Address Position/Title Home Phone Work Phone Marital Status: ^ Single ^ Divorced ^ Married Gender: ^ Male ^ Female 2) APPLICANT #2 Name Social Security Number Age Address City State Zip Code Employer Name and Address Position/Title Home Phone Work Phone Marital Status: ^ Single ^ Divorced ^ Married Gender: ^ Male ^ Female HOUSEHOLD INFORMATION:. List ALL household members Incktding Applicant(s) that will reside in the Affordable Hoa~sing Unit. Attach proof of this information. Total # of persons in Household Total yeazly Household Income $ 13-23 Exhibit "B" -Supplemental Rental Application Name Age M/F Relationship to Applicant Name _ Age M/F Relationship to Applicant Name ~ Age Iv1/F Relationslip to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age NUF Relationship to Applicant 13-24 Exhibit "B" -Supplemental Rental Application RENTER SELECTION CRITERIA INFORMATION: [Insert ifApplicab[eJ If you respond YES to any of the questions below, you MUST provide written evidence with your application satisfactory to the City of Chula Vista or you may not receive all eligible points. 1) Do/Did you have to leave your most recent PRIMARY residence due to either: 1) the expiration of affordable housing covenants; 2) an action of the City of Chula Vista or its Redevelopment Agency; 3) closure of the mobilehome park that you reside in; or 4) the conversion from rental condominiums to for-sale condominiums. Please note that in order for you to be eligible under thiscategory at least one member of your household must have resided in the unit for at least one year. In addition, the displacement must have occurred within the last yeaz or is scheduled to occur within one yeaz. You must submit evidence of your displacement and length of residency with your application in order to be awarded points in this category. ^ Yes ^ No How long has this home been your primary residence? 2+ years ^ 1 year ^ Less than 1 year 2) Do you have one member of your household whose principal place of residence is located within the City of Chula Vista? Yes ^ No 3) Do you have one member of your household whose principal place offull-time employment is located within the City of Chula Vista? Yes ^ No 4) Do you have one member of your household who is expected to live within the City as a result of a bona fide offer of employment within the City of Chula Vista? Yes ^ No 13-25 Exhibit "B" -Supplemental Rental Application AFFORDABLE HOUSING APPLICATION CHECKLIST This checklist contains a list of documents that you aze REQUIRED to submit, along with the completed Application as partoftheapplicationreviewprocess. Please review thelistcazefiillyandincludeCOPIESofalldocumentsthatyouaze submitting. If there aze any documents listed that you do not believe you are required to submit please indicate N/A and state the reason why the information is not attached. You must attach this signed checklist as part of your application packet. APPLICATIONS THAT ARE MISSING DOCUMENTATION WILL NOT BE CONSIDERED. ^ Six months ofmost current and consecutive bank/investmenUretirement statementsforALL accounts (all pages) ^ Most recent paycheck sorbs covering a 30-day period for each borrower ^ Most recent three (3) years W-2s and/or 1099s for each borrower ^ Most recent three (3) years Federal Tax Returns for each borrower (all schedules) ^ Complete divorce decree(s) with all attachments, if applicable ^ Complete bankruptcy papers with all schedules and dischazge papers forbankruptcies within the last 7 years, if applicable ^ Copy of Resident Alien Card, front and back, if applicable or other appropriate proof of legal U.S. residency If you are self-employed, also provide the following: ^ Most recent three (3) years tax returns and copies of 1040s, W-2s, 1099s and/or K-ls for each borrower ^ Limited or Genera] Partnership returns (if ownership interest is 25% or greater)-copies of form 1065 ^ Sub Chapter S Corporation returns (if ownership interest is 25% or greater)-copies of form 1120 S ^ U.S. Corporation returns (if ownership interest is 25% or greater)- copies of form 1120 ^ YTD Profit and Loss Statement (in some cases this may need to be audited) 13-26 Exhibit "B" -Supplemental Rental Application AFFORDABLE HOUSING. UNIT AFFIl)AVIT By signing below each applicant makes the following certifications: I, the undersi,¢ped, as part of my application for an Affordable Housing Unit within [he Rosina Vista Affordable Housing Project (the "Program") and in connection with arental of amulti-family apartment (the "Residence") and an application for a unit (the "Application") from Rosina Vista L.P. I understand and agree with the answers I have provided, and do Cunhennore certify the following 1. That those people who I expect to shaze occupancy of the Residence with me aze listed under the Household Information section of the Application. - _ 2. That my spouse is an Applicant for the Program and must sign this Application. 3. 'T`hat I will submit true and complete copies of all requested documentation. 4. That the Residence will be occupied and used as my principal place of residence 5. That my income does not exceed the program income limits AFFORDABLE HOUSING UNIT CERTIFICATION I acknowledge and understand that this Affidavit, as completed above, will be relied on for determining my eligibility for An Affordable Housing Unit. I acknowledge that a material misstatement negligently made by me in this Affidavit or in any other connection with my Application for an Affordable Housing Unit will constitute a violation punishable by a fine and possible criminal penalties imposed by law, and will result in the cancellation or revocation of the Loan. I acknowledge that any false statement or misrepresentation or the fraudulent use of any instrument, facility, article, or other valuable thing or service pursuant to my participation in the Program is punishable by fine. RENTER DATE RENTER DATE 13-27 RESOLUTION NO. 2013 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS BY AND BETWEEN THE CITY OF CHULA VISTA AND MONARCH AT TAVERA, L.P. FOR A RENTAL HOUSING DEVELOPMENT TO BE LOCATED ON NEIGHBORHOOD R-29 IN OTAY RANCH VILLAGE 2 IN SATISFACTION OF THE CITY'S BALANCED COMMUNITIES POLICY WHEREAS, on May 23, 2006, the City approved the Otay Ranch Village Two Sectional Planning Area (SPA) Plan by Resolution Number 2006-156; and WHEREAS, the AffordablC Housing Program of the SPA Plan provides for five percent of all newly constructed dwelling units being designated for occupancy and affordability by low-income households and five percent for moderate-income households consistent with the City of Chula Vista Housing Element established Policy 5.1.1 of the City's Housing Element of the General Plan ("Balanced Communities Policy"); and WHEREAS, an Affordable Housing Agreement (the "Agreement") documents the obligation and will be recorded against all property within Otay Ranch Village 2. As there are multiple land owners within Village 2, each land owner will satisfy their own requirement. The obligations recorded against the property will be binding on Developer and its successors and assigns in the Property. A copy of said Agreement is attached as Attachment A; and WHEREAS, Lot R-29 of Village 2 was purchased and is proposed to be developed by Monarch at Tavera L.P. ("Developer") into aone-hundred eighty seven (187) unit rental community (the "Project"); and WHEREAS, in accordance with Policy 5..1.1, Developer is obligated to meet the Affordable Housing Obligation of 18.7 affordable units ("Affordable Housing Obligation") of which 9.35 units are to be for moderate income households and 9.35 units are to be for low income households; and WHEREAS, the Developer has satisfied 6.35 low income units by proof of transfer of such credits from John P. Baldwin, leaving three (3) low income units remaining Affordable Housing Obligation to be satisfied; and WHEREAS, the Developer voluntarily has proposed to fulfill the Affordable Housing Obligation by constructing ten (10) moderate income units within the Project and fulfill the remaining three (3) low income obligation by providing proof of transfer of credits or payment of an in-lieu fee prior to issuance of building permit; and 13-28 Council Resolution No. 2013- Page 2 WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Final Second Tier Environmental Impact Report, EIR 02-02. Thus, no further CEQA review or documentation is necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby authorize the City Manager to execute the Declaration of Covenants, Conditions, and Restrictions ("Agreement"), in substantial form, by and between Monarch at Tavera L.P. in satisfaction of their Balanced Communities Policy Affordable Housing Obligation and the City Manager is further authorized to make such minor modifications as may be required or approved by the City Attorney. Presented by Gary Halbert, AICP, PE Deputy City Manager/ Director of Development Services Approved as to form by 1 /lnn.o"'~ / I/ Glen R. Googins City/Agency Attorney 13-29