HomeMy WebLinkAboutReso 1985-12029 ,. RECORDING REQUESTED BY 'J" 100 6 r-.-
P. O. mx 1087 Ft,l I: 5
RESOLUTION NO. 12029
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING HOUSING COOPERATION AGREEMENT
WITH APPEL DEVELOPMENT CORPORATION FOR AFFORDABLE
SENIOR HOUSING UNITS
The City Council of the ,City of Chula Vi:sta hereby resolves as
follows: NO
WHEREAS, the City desires to promote the provision of affordable
housing units for its senior citizens; and,
WHEREAS, in pursuit of that desire the City Council approved
Conditional Use Permit No. PCC-82-4 on February 2, 1982, which granted a density
bonus to the Park-Fifth Avenue Housing Project, a development by Appel Development
Corporation; and,
WHEREAS, the granted density was in exchange for commitment of
all 48 units of the Park-Fifth Avenue project for low income senior rental occupancy
for a period of no less than 25 years; and,
WHEREAS, the Senior Housing Developments Policy of the City of
Chula Vista calls for a written agreement between the City and the developers of
low-income senior rental housing to specify the tenancy requirements and term of
commitment for senior density bonus projects under the Conditional Use Permit
process; and,
WHEREAS, such an agreement, called a Housing Cooperation Agreement
attached hereto and incorporated herein as though fully set forth, has been negoti-
ated between Appel Development Corporation and the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Chula Vista that said Housing Cooperation Agreement with Appel Development
Corporation is hereby approved and the Mayor is authorized to execute that agreement
on behalf of the City.
Presented by Approved as to form by
/s/ Paul G. Desrochers ~¥ ¥/ ; ' /
/ ~< ,; , .,,/, '
Paul G. Desrochers, Community ~5'omas J. Harron, City Attorney
Development Director
1007
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of May .....
19 85 , by the following vote, to~-wif:
AYES: Councilmembers Cox, Malcolm, McCandZiss, Scott, Moore
NAYES: Council members None
ABSTAIN: Counci lmembers None
None
ABSENT: Counci lmembers
/s/ Gregory R. Cox
Mayor of the City of Chulo Vista
/S/ Jennie M. Fulasz
ATTEST
City Clerk
STATE OF CALIFORNIA )
3OUNTY OF SAN DIEGO ) ss.
31TY OF CHULA VISTA )
l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
)O HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUT[0N NO. 12029
,and that the some has not been amended or repealed
)ATED. May 29, 1985
(seal) ~./ -- City Cl~rk
:C-660
'... 1008
HOUSING COOPERATION AGREEMENT
THIS HOUSING COOPERATION AGREEMENT ("this Agreement") is entered into
this 28th day of May , 19 85 between CITY OF CHULA VISTA,
a mun~c-i~i~T corporation ("City"), and API~'[' DEVELOPMENT CORPORATION, a
California corporation ("Property Owner").
ARTICLE 1 - Recitals
1.1 Property Owner. Property Owner is the legal owner of the fee title
to the real property described located at the northwest corner of Fifth Avenue
and Parkway and comprising 0.8 acres (34,894 sq. ft.) in the R-3 zone.
Said real property is referred to in this Agreement as "the Real Property."
1.2 Density Bonus. Property Owner has submitted to City a proposal for
the development of some low and moderate income senior housing on the Real
Property pursuant to the City's Senior Housing Development Policy and Chapters
19.04, 19.54, and 19.58 of the Chula Vista Municipal Code.
1.3 Grant of Exceptions to Municipal Code. The City Council for the City
("City C '"
ounc~l ), ~n response to ~roperty Owner's application, approved
Resolution No. 10761 which approved Conditional Use Permit PCC-82-4 for the
subject property. The Conditional Use Permit granted the following exceptions
to the Chula Vista Municipal Code:
1. Reduced front setback from 25 feet to 10 feet.
2. Reduced required off-street parking from 48 spaces to 40 spaces.
3. Increased density from 32 units per acre to 60 units per acre.
1.4 Low/Moderate Income Housing. Said Senior Housing Development Policy
and Chapters 19.04, 19.54, and 19.58 of the Chula Vista Municipal Code
provides, among other things, that when a developer of housing agrees to
construct 100 percent of the total units of a housing development for senior
households of low and moderate income, city shall grant a density bonus for
said housing development.
~.5 Agreement. City Council e~tablished in said Resolution No. 10761
conditions to a~oval of the Conditional Use Permit which would be satisfied
by an agreement to be entered into between City and Property Owner providing
for (i) the density bonus and (ii) the creating and maintaining of lO0 percent
of the dwelling units on the Real Property for low and moderate income senior
housing.
1.6 Intent. These parties intend that this Agreement constitute the
agreement~red to in Paragraph 1.6.
CITY AND PROPERTY OWNER hereby agree as follows:
100
ARTICLE 2 - Development Standards
2.1 Density Bonus. Property Owner is entitled to construct and maintain
on the Real Property 48 dwelling units. Said 48 dwelling units are 92 percent
more than would be permitted to be on the Real Property by the regulations for
the R-3 Zone.
2.2 Other Standards. The permitted uses of the Real Property, the
density of use thereof, the maximum height and size of buildings thereon, and
provisions for reservations or dedication of land for public purposes and all
other standards of development of the Real Property will be governed by each
of the following as presently constituted ("the Development Standards"):
2.2.1 General Plan: "High Density Residential" designation in
City's General Plan.
2.2.2 Zone Regulations: The regulations for Zone R-3.
2.2.3 Design Resolution: The Design Resolution and any exhibits
referred to therein.
2.2.4 Density: The provisions of Paragraph 2.1.
2.3 Conflict. In the event of conflict between Paragraph 2.1 and any
other of~lopment Standards, said paragraph will prevail.
2.4 Effect of Termination of Article 3. Termination pursuant to
Paragraph 3.7 will not affect, or render inapplicable, the foregoing
Development Standards.
ARTICLE 3 - Low and Moderate Income Senior Housin~
3.1 Definitions. For the purposes of this article, the following
definitions apply:
3.1.1 "Coordinator" means the Housing Coordinator of City.
3.1.2 "Median Income" means the latest median income, based on a
family of four persons, from time to time determined by the United States
Department of Housing and Urban Development (pursuant to Section 8 of the
United States Housing Act of 1937) for the San Diego Standard Metropolitan
Statistical Area.
3.1.3 "Four Person Median Low Income Limit" means 80 percent of the
Median Income multiplied by lO0 percent {that is, 80 percent of the Median
Income), rounded to the nearest $50.
3.1.4 "Three Person Median Low Income Limit" means 80 percent of the
Median Income multiplied by 90 percent {that is, 72 percent of the Median
Income), rounded to the nearest $50.
'-'" 1010
3.1.5 "Two Person Median Low Income Limit" means 80 percent of the
Median Income multiplied by 80 percent (that is, 64 percent of the Median
Income), rounded to the nearest $50.
3.1.6 "One Person Median Low Income Limit" means 80 percent of the
Median Income multiplied by 70 percent (that is, 56 percent of the Median
Income), rounded to the nearest $50.
3.1.7 "2 BR Apartment" means any of the 2 two-bedroom units on the
real property held out for lease, the monthly rental for which will be no
greater than HUD-published Section 8 Existing Fair Market Rent for San Diego
County for a two-bedroom apartment less appropriate utility allowance from
Section 8 Existing Utility Allowance Schedule for San Diego County for a
two-bedroom apartment.
3.1.8 "l BR Apartment" means any of the 45 one-bedroom units on the
real property held out for lease, the monthly rental for which will be no
H '
greater than UD-publ~shed Section 8 Existing Fair Market Rent for San Diego
County fo~r.a.o.n.e-be.d.r, oo.m._apa, r..tment less appropriate utility allowance from
Section ~ ~x~s~lng utim~ty AmJowance Schedule for San Diego County for a
one-bedroom apartment.
3.1.9 "Manager's Unit" means that one unit on the real property
occupied by resident property managers and exempt from occupancy restrictions.
3.1.10 "Senior Household" means a household of which the head of
household is 60 years of age or over.
3.2 Qualification of Tenant/Purchasers. As to the Affordable Units, the
following will apply":
3.2.1 2 BR and 1 BR Apartments. Each two-bedroom and one-bedroom
apartment held out for lease will be leased only to a senior household having
an annual gross income not exceeding the Median Low Income Limit for the
household's size.
3.2.2 Manager's Unit. Any one of the 48 project units is classified
as a Manager's Un'it and is exempt from occupancy restrictions.
3.3 Proof of Qualification. Property Owner will obtain from each
person(s)'-to whom Property Owner rents an Affordable Apartment a "Supplemental
Rental Application" ("the Rental Application") in the form of Exhibit A
attached hereto (or such other form as City may from time to time adopt and of
which City notifies Property Owner in writing). Property Owner will be
entitled to rely on the Application and the supporting documents thereto in
determining the eligibility of such person(s) to rent such Affordable
Apartment. Property Owner will retain the Application and supporting
documents for a period of at least two years after the applicant thereof
ceases to occupy such Affordable Apartment.
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1011
· 3.4 Waiver. Property Owner may apply in writing to the Coordinator for a
waiver, as to a specifically designated Affordable Apartment. Each such
application will be accompanied by written data or other evidence relied upon
by Property O~ner to show that, for the near future, there will be no
reasonable demand for such Affordable Apartment(s). Within 30 days after
receipt of any such application, the Coordinator will, in writing, either
grant or disapprove the requested waiver; the failure of the Coordinator to
act within said period will be deemed to be approval of such requested
waiver. If such waiver is granted, Property Owner may lease the Affordable
Apartment(s) affected by the granted waiver to such person(s) and at such
rental as Property Owner determines, subject to each of the following:
3.4.1 Month-to-Month Tenancy. Anything in Paragraph 3.4 to the
contrary notwithstanding, the lease or rental agreement for an Affordable
Apartment will create only a month-to-month tenancy.
3.4.2 Termination of Waiver. At any time after granting any such
waiver for an Affordable Apartment, the Coordinator may, by writing delivered
to Property Owner, terminate such grant. Within five days after such
delivery, Property Owner will appropriately notify the tenant(s) and
occupant(s) (of the Affordable Apartment(s) for which the grant of waiver has
been terminated) that the month-to-month tenancy thereof will be and become
terminated one month after delivery of such notification by Property Owner.
Property Owner will take reasonable steps to effectuate such termination,
including diligent commencement and prosecution of an unlawful detainer
action(s).
3.5 Records, Audits. Property Owner will submit to City semi-annual
certified'rent rolls, disclosing with respect to each Affordable Apartment (i)
monthly rent rate, (ii) number of occupants for which the Affordable Apartment
is rented and the income of such occupant(s). If City determines an audit is
necessary to verify a submitted rent roll, it will so notify Property Owner in
writing thereof. Within ten days after delivery of said notice, Property
Owner will deliver to City the names of three certified public accountants
doing business in the metropolitan San Diego area. City will promptly deliver
to Property Owner the former's approval of one or more of said names. The
audit will be completed by an approved certified public accountant, at
Property Owner's cost, within 60 days after the delivery to Property Owner of
City's said approval. The certified public accountant will promptly deliver a
copy of the written audit to City.
3.6 Term. The term during which this Article 3 applies commences on the
date hereof. Said term ends on the date which is 25 years after the date on
which at least 24 of the dwelling units on the Real Property are first
occupied.
ARTICLE 4 - Breach
4.1 Breach by City. If City breaches any of its covenants contained in
this Agreement, Property Owner will have avail able to it all legal and
equitable remedies afforded by the laws of the State of California.
4.2 Breach by Property Owner. If, with respect to any Affordable
Apartment',' Property Owner breaches this Agreement by charging higher rent than
that herein permitted, Property Owner will, immediately upon City's demand,
(i) reduce the rent to that permitted herein and (ii) refund to any tenants
who theretofore paid such higher rent the amount of the excess, together with
interest thereon at the rate of l0 percent per annum, computed from the
date(s) of payment of the excess by said tenants to the date of said refund.
The provisions of this paragraph constitute a third-party beneficiary contract
in favor of such tenants. Further, City is hereby granted the power (but not
the duty) to act as attorney-in-fact of such tenants in enforcing this
paragraph.
4.3 Breach by Property Owner. If, with respect to any Affordable
Apartment'~ Property Owner breaches this Agreement by leasing to tenants who
are not, pursuant to Paragraph 3.2, qualified, Property Owner will,
immediately upon City's written demand, and at Property Owner's sole cost,
take all lawful steps to terminate such leasing.
4.4 Remedies Not Exclusive. The remedies set forth in Paragraphs 4.2 and
4.3 are n6t exclusive, but are in addition to all legal or equitable remedies
otherwise available to City.
ARTICLE 5 - General Provisions
5.1 Assignment. The rights and obligations of Property Owner under this
Agreement may be transferred or assigned, provided such transfer or assignment
is made as a part of the conveyance of the fee of all or a portion of the Real
Property. Any such transfer or assignment will be subject to the provisions
of this Agreement. During the term of this Agreement, any such assignee or
transferee will observe and perform all of the duties and obligations of
Property Owner contained in this Agreement as such duties and obligations
pertain to the portion of said real property so conveyed.
5.2 Amendment or Cancellation of Agreement. This Agreement may be
amended from time-to-time by the mutual consent of the parties hereto but only
in the same manner as its adoption. The term "this Agreement" includes any
such amendment properly approved and executed.
5.3 Enforcement. Unless amended or cancelled as provided in Sections 6.4
or 6.5, this Agreement is enforceable by any party to it despite a change in
the applicable general or specific plans, zoning, subdivision or building
regulations adopted by City which alter or amend the rules, regulations or
policies governing permitted uses of the land, density and design.
1013
5.4 Hold Harmless. Property O~ner agrees to and will hold City, its
officers, agents, employees-and representatives harmless from liability for
damage or claims ?or damage for personal tnjury including death and claims for
property damage which may arise from the direct or Indirect operations of the
Property Owner or those of its contractors, subcontractors, agents, employees
or other persons acting on Property O~ner's behalf which relate to the Real
Property. Property O~ner agrees to and shall defend City and its officers,
agents, employees and representatives from actions for damages caused or
alleged to have been caused by reason of Property O~ner's activities in
connection with the Real Property.
This hold harmless agreement applies to all damages and claims for damages
suffered or alleged to have been suffered by reason of the operations referred
to in this paragraph, regardless of whether or not City prepared, supplied or
approved plans or specifications, or both, for the Real Property.
5.5 Binding Effect of Agreement. The burdens of this Agreement bind and
the benef{ts of the Agreement lnure to the parties' successors in interest.
5.6 Relationship of Parties. It is understood that the contractual
relationship between City and Property Owner is such that Property owner is an
independent contractor and not an agent of City.
5.7 Notices. All notices, demands and correspondence required or
provided-f~-~er this Agreement shall be in writing and delivered in person
or dispatched by certified mail, postage prepaid. Notice required to be given
to City shall be addressed as follows:
The City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
Notices required to be given to Property Owner shall be addressed as
follows:
Appel Development Corporation
2165 San Diego Avenue
Suite 202
San Diego, California 92110
A party may change its address by giving notice in writing to the other
party. Thereafter, notices, demands and other pertinent correspondence shall
be addressed and transmitted to the new address.
ARTICLE 6 - ConVicts of Law
6.1 ConVict of City and State or Federal Law~. In the event that state
or federa]"laws or regulations enacted after this Agreement has been entered
into prevent or preclude compliance with one or more provisions of this
Agreement or require changes in plans, maps or permits approved by the City,
the parties will:
-6-
1014
6.1.1 Notice and Copies: Provide the other party with written
notice of such state or federal restriction, provide a copy of such regulation
or policy and statement of convict with the provisions of this Agreement.
6.1.2 Modification Conferences: The parties will, within 30 days,
meet and confer i'n good fait~ in a reasonable attempt to modify this Agreement
to comply with such federal or state law or regulation.
6.2 Council Hearings. Thereafter, regardless of whether the parties
reach an agreement on the effect of such federal or state law or regulation
upon this Agreement, the matter will be scheduled for hearing before the
Council. Ten days' written notice of such hearing will be given, pursuant to
Government Code Section 65854.5. The Council, at such hearing, will determine
the exact modification or suspension which shall be necessitated by such
federal or state law or regulation. Property O~ner, at the hearing, will have
the right to offer oral and written testimony. Any modification or suspension
will be taken by the affirmative vote of not less than a majority of the
authorized voting members of the Council.
6.3 Cooperation in Securing Permits. The City shall cooperate with the
Property Owner in the securing of any permits which may be required as a
result of such modifications or suspensions.
ARTICLE 7 - Miscellaneous Provisions
7.1 Rules of Construction. The singular includes the plural and the
neuter gender includes the masculine and the feminine.
7.2 Severability. The parties hereto agree that the provisions are
severable. If any provision of this Agreement is held invalid, the remainder
of this Agreement will be effective and will remain in full force and effect
unless amended or modified by mutual consent of the parties.
7.3 Recording. This Agreement shall constitute deed restrictions on the
real property, shall, upon execution, be recorded by the City in the County of
San Diego, and shall run with the land.
7.4 Entire Agreement, Waivers and Amendments. This Agreement constitutes
the entire understanding and agreement of the parties. This Agreement
integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiation or previous agreements between the
parties with respect to all or any part of the subject matter hereof. All
waivers of the provisions of this Agreement must be in writing and signed by
the appropriate authorities of the City or by Property Owner. All amendments
hereto must be in writing signed by the appropriate authorities of the City
and by Property Owner, in a form suitable for recording in the Office of the
Recorder, County of San Diego. Within ten days of the date of this Agreement
or subsequent thereto, a copy will be recorded in the official records of San
Diego County, California.
-7-
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the
day and year first above written.
THE CITY OF CHULA VISTA,
Bya muni~l/~corporationp~. ~
APPEL DEVELOPMENT CORPORATION,
a California Corporation
WPC 0956X
CAT. NO. NN00737
TO 21945 CA (1--83) t,,p-
1 0 ! 6 TICOR TITLE INSURANCE
(Corporation)
STATE OF CALIFORNIA ,
COUNTY OFfs., ~/.)~,~,$ o $S.
said State, per(onally appeared ~ · .~ j. Notary Public in and for
personally known to me or proved to me on ~
of satisfactory evidence to be the person who executed
the within instrument as the ~
President, and~ ~ __
~- ~ -ersonall - ~
P y Known to me or OFFICIAL SEAL
proved to me on the basis of satisfactory evidence to be DUANE M. HUGHES
the person who executed the within instrument as the NOTARy PUBLIC - CALIFORNIA
-'~-~-~ Secretary of the Corporation PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
that executed the within instrument and acknowledged I~ ~ommlssl0n Expires March 23, 1986
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my l~Land and official seal.
(Pub lie Agency) - (This s~ea for official not~%l seal)
STATE 0F CALIFORNIA
COUNTY OF ,~, ~SS.
of the City of Chula Vista, ~ ""Title
__ and known to me to be the -
P son~s) who executed the within instru-
ment on behalf of said public corporation/
Agency and acknowledged to me that said
~__~m~,~, executed the same.
WITNESS my hand and official seal.
~ /~ ~ ~' ~ {Notarial Seal~
RESOLUTION NO. 12029
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING HOUSING COOPERATION AGREEMENT
WITH APPEL DEVELOPMENT CORPORATION FOR AFFORDABLE
SENIOR HOUSING UNITS
The City Council of the~City of Chula Vista hereby resolves as
fol 1 ows:
WHER~S, the City desires to promote the provision of affordable
housing units for its senior citizens; and,
WHEREAS, in pursuit of that desire the City Council approved
Conditional Use Permit No. PCC-82-4 on February 2, 1982, which granted a density
bonus to the Park-Fifth Avenue Housing Project, a development by Appel Development
Corporation; and,
WHEREAS, the granted density was in exchange for commitment of
all 48 units of the Park-Fifth Avenue project for low income senior rental occupancy
for a period of no less than 25 years; and,
WHEREAS, the Senior Housing Developments Policy of the City of
Chula Vista calls for a written agreement between the City and the developers of
low-income senior rental housing to specify the tenancy requirements and term of
commitment for senior density bonus projects under the Conditional Use Permit
process; and,
WHEREAS, such an agreement, called a Housing Cooperation Agreement
attached hereto and incorporated herein as though fully set forth, has been negoti-
ated between Appel Development Corporation and the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Chula Vista that said Housing Cooperation Agreement with Appel Development
Corporation is hereby approved and the Mayor is authorized to execute that agreement
on behalf of the City.
Presented by~~- ~ Approved as to form by
Paul G. Desroc~ers, Co. unity ~omas J. Ha~nWn, City Attorney
Development Di rector
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 2R~-h day of. May
19 85 , by the following vote, to--wit:
AYES: Councilmembers Cox, H.a].cOlm, McCaz~c].lJ. ss, Scott,
NAYES: Councilmembers None
ABSTAIN: Councilmembers
ABSENT: Counci l members
Mayor of Chula Vista
City (~ler~~
STATE OF CALIFORNIA )
.~OUNTY OF SAN DIEGO ) ss.
31TY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK Of the City of Chula Vista, California,
)O HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUT[0N NO, 12029 ,and that the same has not been amended or repealed.
>ATED
(seal) City Clerk
:C-660