HomeMy WebLinkAboutReso 1985-11941
RESOLUTI ON NO. 11941
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING HOUSING COOPERATION AGREEMENT
HITH MEDICI EQUITIES FOR AFFORDABLE SENIOR HOUSING
UNITS
fo 11 OltS :
The City Council of the City of Chula Vista hereby resolves as
HHEREAS, the City desires to promote the provision of affordable
housing units for its senior citizens; and,
HHEREAS, in pursuit of that desire the City Council approved
Conditional Use Permit No. PCC-84-5 on December 13, 1983, which granted a density
bonus to the Canterbury Court Housing Project, a development by Medici Equities;
and,
WHEREAS, the granted density was in exchange for commitment of
all 207 units of the Canterbury Court 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
negotiated between Medici Equities and the City.
NOH, THEREFORE, BE IT RESOLVED by the City Council of the City
of Chula Vista that said Housing Cooperation Agreement with Medici Equities is hereby
approved and the Mayor is authorized to execute that agreement on behalf of the
Ci ty.
Presented by
Approved as to form by
I~&t
aul G. esrochers, Community
Development Director
/
" ::t L:',4 "L-
n, City Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 19th
19 85 ,by the following vote, to_it:
day of
February
--
AYES: Councilmen Malcolm, McCandliss, Scott, Moore, Cox
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
ATTEST
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MaY~he City of Chula Vista
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City Clerk
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11941
,and that the same has not been amended or repealed.
DATED
(seal)
City Clerk
CC-660
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RESOLUTI ON NO.
11941
19B5 OCT -9 AM II: 02
J _YERA L. LYLC:_ I
LE9UNTY RECOROE!.J
. .'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING HOUSING COOPERATION AGREEMENT
HITH tlEDICI EQUITIES FOR AFFORDABLE SENIOR HOUSING
UNITS
;\10 FEL
The City Council of the City of Chula Vista hereby resolves as
fo 11 O\~s:
HHEREAS, the City desires to promote the provision of affordable
housing units for its senior citizens; and,
HHEREAS, in pursuit of that desire the City Council approved
Conditional Use Permit No. PCC-84-5 on December 13, 1983, which granted a density
bonus to the Canterbury Court Housing Project, a development by Medici Equities;
and,
WHEREAS, the granted density was in exchange for commitment of
all 207 units of the Canterbury Court project for low-income senior rental
occupancy for a period of no less than 25 years; and,
HHEREAS, 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,
HHEREAS, such an agreement, called a Housing! 8ooperation Agreement
attached hereto and incorporated herein as though fully set forth, has been
negotiated between Medici Equities and the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Chula Vista that said Housing Cooperation Agreement with Medici Equities is hereby
approved and the Mayor is authorized to execute that agreement on behalf of the
City.
Presented by
Approved as to form by
~\ 1 jJ
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_ -"C/.' '.{ ,,/ ... 6,_.. ''7
au G. esrochers, Community
Development Director
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T~omas J. Har~on, City Attorney
.
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292
HOUSING COOPERATION AGREEMENT
THIS HOUSING COOPERATION AGREEMENT ("this Agreement") is entered into
thi s 19th day of February , 1985, between CITY OF CHULA VISTA,
a municipal corporation ("City"), and MEDICrTQUITIES, a California general
partnershi p ("Property Owner") and/or its successors.
ARTICLE 1 - Recitals
1.1 Authority. City is authorized to enter into binding agreements for
the purpose of protecting public health, safety, and welfare.
1.2 Property Owner. Property Owner is the legal owner of the fee title
to the real property described as (description of property)
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 appl icati on, approved a densi ty
bonus for the real property under Conditional Use Permit PCC-84-5.
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
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
deve 1 opment.
1.6 Agreement. City Council established in Resolution No. 11484, as a
condition to approval of the Conditional Use Permit, a requirement that an
agreement be entered into between Ci ty and Property Owner provi di ng for (i)
the density bonus and (ii) the creating and maintaining of 100 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
January 5, 1984, approved Property Owner's site plan, elevations and
preliminary plans for the constructing and maintaining of 207 dwelling units
on the Real Property. Said resolution is referred to in this Agreement as
"the Design Resolution."
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1.8 Intent. These parties intend that this Agreement constitute the
agreement referred 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 207 dwelling units.
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 foll owi n9 as presently constituted ("the Development Standards"):
2.2.1 General Plan: "High Density Residential" designation in
Ci ty' s General P1 an.
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 Conf1 ict. In the event of conf1 ict between Paragraph 2.1 and any
other of the Development Standards, said paragraph will prevail.
2.4 Effect of Termination of
Paragraph 3.6 will not affect,
Development Standards.
ARTICLE 3 - Low Income Senior Housing
Article 3. Termination
or render inapplicable,
pursuant to
the foregoi ng
3.1 Definitions. For the purposes of this article, the following
definitions apply:
3.1.1 "Senior Househo1 d" means a househo1 d 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.
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3.1.3 "Median Income" means the latest median income, based on a
family of four persons, from time to time determined by the United States
Depa rtment of Housi n9 and Urban Development (pursuant to Secti on 8 of the
United States Housing Act of 1937) for the San Diego Standard Metropolitan
Statistical Area.
3.1.4 "2 BR Apartment" means any of the 28 two-bedroom apartment
uni ts on real property, the monthly rental for whi ch wi 11 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.
3.1.6 "Affordable Apartment" means anyone of the apartments defined
in Paragraphs 3.1.4 through 3.1.5; "Affordable Apartments" means all of such
apartments collectively.
3.1.7 "Managers' Units" mean those two units on the real property
occupied by resident property managers and exempt from occupancy restrictions.
3.2 Qualification of Tenants. As to the Affordable Apartments, the
following will apply":
3.2.1 2 BR Apartments. Each 2 BR Apartment will be leased only to a
senior household of one or two persons having an annual gross income not
exceeding 80% of the Median Income adjusted for a two-person household.
3.2.2 1 BR Apartments. Each 1 BR Apartment will be leased only to a
senior househol d of two persons having an annual gross income not exceeding
80% of the Medi an Income adjusted for a two-person househol d or to a seni or
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 Appl i cati on" ("the Appl i cati on") in the form of Exhi bit A attached
hereto (or such other form as Ci ty may from time to time adopt and of whi ch
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
1 east two years after the appl icant thereof ceases to occupy such Affordable
Apartment.
3.1.5 "1 BR Apartment" means any of the 179 one-bedroom apartment
units on the real property, the monthly rental for which will be no greater
th" HUI>-p obl "h.d S.",,, 8 ,,' ct' 'g "i' ...,,,t ",t ,,, S" OJ 'g' C,,,,,,
for a one-bedroom apartment less appropriate utility allowance from Section 8
existing util ity allowance schedule for San Diego County for a one-bedroom
apartment.
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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 appl ication, the Coordinator will, in writing, either
grant or di sapprove the requested wai ver; the fail ure of the Coordi nator 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 wai ver 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
appropri ately notify the tenant( s) and occupant( s) (of the Affordabl e
Apartment( s) for which the grant of wai ver has been termi nated) that the
month-to-month tenancy thereof wi 11 be and become termi nated 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, (i iJ number of occupants for whi ch the Affordab1 e Apartment is
rented and the income of such occupant( s). If City determi nes 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 del iver to City the names of three certified pub1 ic 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 sai d 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 104 of the dwelling units on the Real Property are first
occupi ed.
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.
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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 permi tted herei nand (i i) refund to any tenants
who theretofore paid such higher rent the amount of the excess, together with
interest thereon at the rate of 10 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 assi gnment wi 11 be subject to the provi si ons
of this Agreement. During the term of this Agreement, any such assignee or
transferee will observe and perform all of the duties and obl igations 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 adopti on. The term "thi s Agreement"
includes any such amendment properly approved and executed.
5.3 Enforcement. Unless amended or cancelled as provided in Section 5.2,
thi s Agreement is enforceabl e by any party to it despi te a change in the
applicable general or specific plans, zoning, subdivision or building
regulati ons adopted by Ci ty whi ch alter or amend the rul es, regul ati ons 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
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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 representati ves from acti ons 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 Binding Effect of Agreement. The burdens of this Agreement bind and
the benefits 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 for under 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 requi red to be gi ven to Property Owner shall be addressed as
follows:
Medi ci Equiti es
18300 Von Karmen Avenue
Suite 420
Irvine, California 92715
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.
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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 thi s Agreement, the matter wi 11 be schedu1 ed for heari ng 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 securi ng of any permi ts whi ch may be requi red 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 duri ng the term of thi s Agreement, review the extent of good faith
substantial compl iance by Property OWner with the terms of this Agreement.
Pursuant to Government Code Section 65865.1, Property Owner will have the duty
to demonstrate its good faith compliance with the terms of this Agreement at
such peri odi c revi ew. Property Owner wi 11 be deemed to have sati sfi ed 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 revi ew. However, ten days' wri tten notice of any requi rement to be
addressed will be made by the requesting party. If at the time of review an
issue not previ ously identified in wri ti ng is requi red to be addressed, the
review at the request of either party will be continued to afford sufficient
time for analysis and preparation.
7.2 op~ortunity to be Heard. Upon wri tten request to Ci ty by Property
Owner, the roperty 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 Property 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.
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8.2 Severability. The parties hereto agree that the provlslons 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 appropri ate authori ties of the Ci ty 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.
WPC 0925X
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"-.300
SUPPLEMENTAL RENTAL APPLICATION
The rental unit for which you are applying has received
assistance under programs to encourage more affordable housing.
the unit carries a rent level restriction and is restricted to
low and moderate income households.
governmental
As a resul t,
occupancy by
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).
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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
$
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5. Total Gross Annual Househol d 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. Incl ude other verification of income not appeari ng on
tax forms.) $
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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.
Si gnature
Applicant
Date
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DWNER'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 househol d
income of $ allowed under the terms of a Development
Agreement with the City of Chula Vista regarding this residential rental
development.
Name
Ti tle
Si gnature
Date
WPC 0925X
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