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HomeMy WebLinkAboutReso 1985-12192ease "Return To: 85-371340 'P. O. Box 1087 ! ~ul~ ¥ist~ C_~litorn~ 92012 RESOLUTION NO. 12192 ". ,, ' ' t£OSOCT-7 ?~ !:5 RESOLUTION OF THE CITY COUNCIL OF THE CITY-OF CHULA VISTA APPROVING HOUSING COOPERAT[Om S '= ' l;, AGREEMENT WITH RICHARD ZOGOB FOR AFFORDAB4~-~ ' -_ _ SENIOR HOUSING UNITS The City Council of the City of Chula Vista hereby resolves as follows: WHEREAS, the City desires to promote the provision of affordable housing NOFE~ units for its senior citizens; and WHEREAS, in pursuit of that desire the City Council approved Conditional Use Permit No. PCC-83-24 on October 25, 1983, which granted a density bonus to a 13-unit senior residential rental apartment project at 411-415 Park Way, a development by Richard Zogob, and WHEREAS, the granted density was in exchange for commitment of all 13 units of that project to low-income senior rental occupancy for a period of no less than 25 years; and WHEREAS, the Senior Housing Development Policy of the City of Chula Vista calls for a written agreement between the City and the developer of low-income senior rental housing to specify the tenancy requirements and terms of commitment for senior density bonus projects under the Conditional Use Permit process; and WHEREAS, such an agreement, called the Housing Cooperation Agreement, attached hereto and incorporated herein as though fully set forth, has been negotiated between Richard Zogob and the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that said Housing Cooperation Agreement with Richard Zogob is hereby approved and the City Manager is authorized to execute that agreement on behalf of the City. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the agreement be recorded in the office of the County Recorder. Pr .e~~~ Approv~d~ Paul G. Desrochers Community Development Director WPC 181TH 2265 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this. 1,~t day of. October 19 ~5 , by the following vote, to-wit: AYES: Councilmembers Coxr Malcolm~ Moore, Scott, McCandliss NAYES: Council members None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None /s/ Gregory R. Cox Mayor of the City of Chula Vista /s/ Jennie M. Fulasz ATTEST City Cl~k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, )0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12192 ,and that the same has not been amended or repealed. October 3, 1985 )ATED (sea*) city ;C- 660 HOUSING COOPERATION AGREEMENT THIS DEVELOPMENT AGREEMENT ("this Agreement") is entered into this 1st day of October , 1985, between CITY OF CHULA VISTA, a mun~c~--~ corporation ("City"), and RICHARD-~GOB. ARTICLE 1 - Recitals 1.1 Statutory Authorization. City is authorized by (i) California Government Code section 65864 and following to enter into binding development agreements with persons having legal or equitable interests in real property. 1.2 Property Owner. Property Owner is the legal owner of the fee title., to the real property described as a 10,400 sq. ft. parcel located at 411-415~' Park Way. Said real property is referred to in this Agreement as "the Real Property." 1.3 Density Bonus. Property Owner has submitted to City a proposal for the development of some low-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. 1.4 Grant of Density Bonus. The City Council for the City ("City Council"), in response to Property Owner's application, approved a density bonus for the real property under Conditional Use Permit PCC-83-24. 1.5 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 lO0 percent of the total units of a housing development for senior households of low income, as defined in Section 50093 of the California Health and Safety Code, a city shall grant a density bonus for said housing development. 1.6 Agreement. City Council established in Resolution No. 11413, as a condition to approval of the Conditional Use Permit, a requirement that an agreement 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 income senior housing. 1.7 Design Review Committee. City's Design Review Committee, on September 14, 1983, approved Property Owner's site plan, elevations and preliminary plans for the constructing and maintaining of 13 dwelling units on the Real Property. Said resolution is referred to in this Agreement as "the Design Resolution." R-12192 2267 1.8 Intent. These parties intend that this Agreement constitute the agreement~red to in Paragraph 1.6. CITY AND PROPERTY OWNER hereby agree as follows: ARTICLE 2 - Development Standards 2.1 Density Bonus. Property Owner is entitled to construct and maintain on the Real Property 13 dwelling units. Said 13 units are 117% 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~opment Standards, said paragraph will prevail. 2.4 Effect of Termination of Article 3. Termination pursuant to Paragraph 3.6 will not affect, or render inapplicable, the foregoing Development Standards. ARTICLE 3 - Low Income Senior Housin9 3.1 Definitions. For the purposes of this article, the following definitions apply: 3.1.1 "Senior Household" means a household of one or two persons at least one of which is 60 years or age or older. 3.1.2 "Coordinator" means the Housing Coordinator of City. 2268 3.l.3 "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. 3.1.4 "Studio Apartment" means studio apartment unit on real property, the monthly rental for which will be no greater than HUD-published Section 8 existing fair market rent for San Diego County for a studio apartment less appropriate utility allowance from Section 8 existing utility allowance schedule for San Diego County for a studio apartment. 3.1.5 "1 BR Apartment" means any of the 12 one-bedroom apartment units on the real property, the monthly rental for which will be no greater than HUD-published Section 8 existing fair market rent for San Diego County for a one-bedroom apartment less appropriate utility allowance from Section 8 existing utility allowance schedule for San Diego County for a one-bedroom apartment. 3.1.6 "Affordable Apartment" means any one of the apartments defined in Paragraphs 3.1.4 and 3.1.5; "Affordable Apartments" means all of such apartments collectively. 3.2 Qualification of Tenants. As to the Affordable Apartments, the following will apply": 3.2.1 Studio Apartment. The Studio Apartment will be leased only to a senior household of one person having an annual gross income not exceeding 80% of the Median Income adjusted for a one-person household. 3.2.2 1 BR Apartments. Each 1 BR Apartment will be leased only to a senior household of two persons having an annual gross income not exceeding 80% of the Median Income adjusted for a two-person household or to a senior household of one person having an annual gross income not exceeding 80% of the median income adjusted for a one-person household. 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 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. -3- 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 Owner 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 will create only a month-to-month tenancy. 3.4.2 Termination of Waiver. At any time after granting any such waiver, 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 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 hereo--~-. Said term ends on the date which is 25 years after the date on which at least 6 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 available to it all legal and equitable remedies afforded by the laws of the State of California. 4 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 not 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 or cancelled 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 Section 5.2, 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. 5.4 Hold Harmless. Property Owner agrees to and will hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the -5- Property Owner or those of its contractors, subcontractors, agents, employees or other persons acting on Property Owner's behalf which relate to the Real Property. Property Owner 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 Owner'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 Bindin9 Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure 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-F6-6--~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: Richard Zogob 315 Fourth Avenue Chula Vista, CA 92010 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 - Conflicts of Law 6.1 Conflict of City and State or Federal Laws. In the event that state or federal 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: 6.1.1 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 conflict with the provisions of this Agreement. -6- 2272 6.1.2 Modification Conferences: The parties will, within 30 days, meet and confer in good faith 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 Owner, 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 - Annual Review 7.1 City and Land Owner Responsibilities. City will, at least every 12 months during the term of this Agreement, review the extent of good faith substantial compliance by Property Owner with the terms of this Agreement. Pursuant to Government Code Section 65865.1, Propert~ Owner will have the duty to demonstrate its good faith compliance with the terms of this Agreement at such periodic review. Property Owner will be deemed to have satisfied its duty of demonstration when it presents evidence on its good faith and substantial compliance with the major provisions of Article 3 of this Agreement. Either party may address any requirement of this Agreement during the review. However, ten days' written notice of any requirement to be addressed will be made by the requesting party. If at the time of review an issue not previously identified in writing is required to be addressed, the review at the request of either party will be continued to afford sufficient time for analysis and preparation. 7.2 Opportunity to be Heard. Upon written request to City by Property Owner, the Property Owner will be permitted an opportunity to be heard orally and/or in writing at a noticed public hearing regarding its performance under this Agreement. 7.3 Information to be Provided Propert~ Owner. The City will, to such an extent as is practical, deposit in the mail to Property Owner a copy of staff reports and related exhibits concerning contract performance a minimum of ten calendar days prior to any such review or action upon this Agreement by the Planning Commission or the City Council. ARTICLE 8 - Miscellaneous Provisions 8.1 Rules of Construction. The singular includes the plural and the neuter gender includes the masculine and the feminine. -7- 2273 8.2 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. 8.3 Entire Agreement, Waivers and Amendments. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conmditions 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. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. THE CITY OF CHULA VISTA, a municipal corporation By ( C~Manager By l~<~u~4~~ STATE OF CALIFORNIA }ss. COUNTY OF -~-~ ~/~"-~'~) On --~"~'~'~'~ '~-'~/ /~;)rf'~--~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on lhe basis of saris  OFFICIAL SEAL factoryevidence)tobetheperson(s)whosename(s)is/aresub EFFIE E. FELDMAN scribed to the within instrument and acknowledged to me tha ,~ NOTARY PUBLIC-CALIFORNiA he/she/they executed the same. ~ PRINCIPAL OFFICE ~N SAN DIEGO COUNTY ~ESS my hand and official seal. My Commission Expires May 2, 1987 Signature -,~--~ / ~,~/ /" F' / _ ,_]] (This area for official notarial seal) / SUPPLEMENTAL RENTAL APPLICATION The rental unit for which you are applying has received governmental assistance under programs to encourage more affordable housing. As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moderate income households. The information required on this form is necessary to determine your income eligibility to occupy the unit. You must report all household income. Information provided will be confidential and not subject to public disclosure pursuant to State Government Code Section 6254(n). 1. Rental Unit Address 2. Applicant Name 3. Other Household Members 4. Total Current Annual Household Income from all Sources Including Assets: TOTAL $ Detail: Household Member Income Source $ -g- 2275 5. Total Gross Annual Household Income shown on most recent Federal Tax return from Previous Calendar Year (attach copies of most recent Federal Tax returns from previous calendar year for all household members receiving income. Include other verification of income not appearing on tax forms. ) APPLICANT'S STATEMENT I certify under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date Applicant OWNER'S STATEMENT Based on the foregoing information, I certify under penalty of perjury that the applicant is eligible to occupy this restricted affordable unit. Eligibility is based on finding that the applicant household's current annual income is $ and does not exceed current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential rental development. Name Title Signature Date WPC 0925X - lO-