HomeMy WebLinkAboutReso 1988-13908 1800
RESOLUTION NO. 13908
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING HOUSING COOPERATION AGREEMENT WITH CHULA VISTA
PARKVIEW
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, the City Council on July 16, 1985 approved a density
bonus from 44 to 53 units for the apartment project at 54-66 Fourth
Avenue under Government Code Section 65915; and,
WHEREAS, the new property owner has built the project and
agreed to enter into a Housing Cooperation Agreement required for the
density bonus; and,
WHEREAS, nine of the pre-density bonus units will be affordable
to low income households; and,
WHEREAS, these nine units will be reserved for low income rental
occupancy for a minimum of 20 years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby approve the Housing Cooperation
Agreement for the density bonus of nine units over the allowed density
for the property at 54-66 Fourth Avenue owned by the Chula Vista
Parkview Partnership.
BE IT FURTHER RESOLVED that the City Council of the City of
Chula Vista does hereby authorize the Mayor to sign said Housing
Cooperation Agreement on behalf of the City.
Pres bX Approved as to form by
/ ~ / · J
Paul G. Desrochers Thgd~as J./~a~/~/6n
Community Development Director ~i'ty Att rn
1801
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
JLA VISTA, CALIFORNIA, this 20th doy of December
19 88 , by the following vote, to-"wif:
AYES: Councilmembers Nader, Cox, Malcolm, McCandliss, Moore
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Counci linetubers None
~C/~if'y of Chum Visto
ATTEST ~
~ City Clerk"
TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of
RESOLUTION N0. 13908 ,and thor the some has not been amended or repeoled
DATED
City Clerk
CC-660
.: ' 1791 89 098215
Recording Requested By:
City of Chula Vista )
When Recorded Mail To: )
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Attn: City Clerk ) Space Above For Recorder's Use NO~f
HOUSING COOPERATION AGREEMENT
THIS HOUSING COOPERATION AGREEMENT ("this Agreement") is entered into
this 9th day of August , 1988, between CITY OF CHULA VISTA, a municipal
corpo~n ("City"), and CHULA VISTA PARKVIEW, a California general
partnership ("Property Owner").
ARTICLE 1 - Recitals
1.1 Property Owner. Property Owner is the legal owner of the fee title
to the real property as described in the legal description attached as
Exhibit I. Said real property is referred to in this Agreement as "the Real
Property".
1.2 Density Bonus. Property Owner's predecessor in interest, pursuant to
California Government Code section 65915, submitted to City a proposal for the
development of some low and moderate income housing on the Real Property
pursuant to said section 65915.
1.3 Grant of Density Bonus. The City Council for the City ("City
Council"), in response to Property Owner's predecessor in interest's
application, adopted on June ll, 1985, Resolution No. 12134 which granted an
increase in project units from 44 units allowed under the existing zoning to
53 units.
1.4 Low/Moderate Income Housing. Said Government Code section 65915
provides, among other things, that when a developer of housing agrees to
construct at least 25 percent of the total units of a housing development for
persons and families of low or moderate income, as defined in Section 50093 of
the California Health and Safety Code, or at least lO percent. of the total
units of the housing development for persons or families of lower income as
defined in Section 50097.5 of the California Health and Safety Code, those
percentages being of the number of units allowable under the existing zone, a
city shall grant a density bonus for said housing development.
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1.5 Agreement. City Council established in said Resolution No.12184, as
a condition to the granting of said density bonus, the requirement that a
recorded agreement be entered into between City and Property Owner's
predecessor in interest providing for creating and maintaining an agreed upon
percentage of the dwelling units on the real property for lower income housing.
1.6 Design Review Committee. City's Design Review Committee, on May 23,
1985, approved Property Owner's predecessor in interest's site plan,
elevations and preliminary plans for the constructing and maintaining of 53
dwelling units on the Real Property.
1.7 Sale. Subsequent to City Council's approval of the density bonus for
the Real Property, Property Owner has acquired the site and constructed it in
accordance with said density bonus provisions.
1.8 Intent. These parties intend that this Agreement constitute the
recorded agreement referred to in Paragraph 1.5.
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 ~3 dwelling units. Said 53 dwelling units are 20 percent
more than would be permitted on the Real Property by the regulation for the
existing zoning.
ARTICLE 3 - Low Income Housing
3.1 Definitions. For the purposes of this article, the following
definitions apply:
3.1.1 "Manager" means the City Manager of City.
3.1.2 "Median Income" means the latest median income, based on a
family o? 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 "Low 2 BR Apartment" means a two-bedroom apartment unit, the
monthly rental for which will be no greater than 1/12th of 25 percent of the
Four Person Median Low Income Limit; there will be 6 Low 2 BR Apartments.
3.1.4 "Low 1 BR Apartment" means a one-bedroom apartment unit, the
monthly rental for which will be no greater than 1/12th of 25 percent of the
Two Person Median Low Income Limit; there will be 3 Low 1 BR Apartments.
3.1.5 "Affordable Apartment" means any one of the apartments defined
in Paragraphs 3.1.3 through 3.1.4; "Affordable Apartments" means all of such
apartments collectively.
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'1793,
3.1.6 "Four Person Median Low Income Limit" means 80 percent of the
Median Income multiplied by 100 percent (that is, 80 percent of the Median
Income), rounded to the nearest $50.
3.1.7 "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.
3.1.8 "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.
3.1.9 "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.
3.2 Qualification of Tenants. As to the Affordable Apartments, the
fol 1 owing wi 11 apply:
3.2.1 Low 2 BR Apartments. Each Low 2 BR Apartment will be leased
only to a household having an annual gross income not exceeding the Median Low
Income Limit for the household's site.
3.2.2 Low 1 BR Apartments. Each Low 1 BR Apartment will be leased
only to a household having an annual gross income not exceeding the Median Low
Income Limit for the household's site.
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 Ior 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.
3.4 Nature of Leases. Except as to rent, the terms, conditions and
provisions of the lease or rental agreement for each Affordable Apartment will
be the same as those of leases or rental agreements for all other apartments
on the Property.
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'1794
3.5 Waiver. Property Owner may apply in writing to the Manager for a
waiver, as to a specifically designated Affordable Apartment(s), of Paragraphs
3.1 and 3.2. 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 Manager
will, in writing, either grant or disapprove the requested waiver; the failure
of the Manager to act within said period will be deemed to be disapproval 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:
3.5.1 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.
3.5.2 Termination of Waiver. At any time after granting any such
waiver, the Manager may, by writing delivered to Property Owner, terminate
such grant. Within five days after such delivery, Property Owner will
appropriately notify the tenantIs) 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).
3.6 Records, Audits. Property Owner will submit to City semi-annual
certified rent rolls, disclosing with respect to each Affordable Apartment li)
monthly rent rate, (ii) numnber 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.
3.7 Term. The term during which this Article 3 applies commences on the
date hereof. Said term ends on the date which is twenty (20) years after the
date on which at least 27 of the dwelling units on the Real Property are first
occupied.
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795
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.
4.2 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 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. Each tenant who hereafter
leases or occupies an Affordable Apartment agrees that if such tenant is not
so qualified, he, she or they will immediately upon demand of Property Owner
or City (i) terminate such lease and (ii) vacate such Affordable Apartment.
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 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.
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796
5.3 Enforcement. Unless amended or cancelled as provided in Sections
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
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 Binding 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 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 required to be given to Property Owner shall be addressed as
follows:
Chula Vista Parkview
404 Camino del Rio South #520
San Diego, California 92108
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.
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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.
6.1.2 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.
Property 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.
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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 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.
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 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.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the
day and year first above written.
THE CITY OF CHULA VISTA,
Gregory F~ox, MayO~
CHULA VISTA PARKVIEW
a California general partnership
By ~/~.~ ~ [i~)~''
WPC 1803X -8-
STATE OF
CALIFORNIA
COUNTY OF ~ ~'~ C'~ c.. SS.
t
, (known to me)
(or proved to me on the basis d satidactory evidence) to be the person /~ whose name K~ subscribed to the
within instrument and acknowledged that
executed the same.
WITNESS my hand and official seal.
NOTARY PUBUC- CALIFORN~
Form 5~3 (CA 72-92) (T/d~ area jbrof~cial noMrialaed)
JENNIE M. FULASZ, CITY CLERK
CITY HALL
P. O. BOX 1087
CHULA VI~3TA, CA 92012
"' "' ': ' 1800
RESOLUTION NO. 13908
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING HOUSING COOPERATION AGREEMENT WITH CHULA VISTA
PARKV I EW
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, the City Council on July 16, 1985 approved a density
bonus from 44 to 53 units for the apartment project at 54-66 Fourth
Avenue under Government Code Section 65915; and,
WHEREAS, the new property owner has built the project and
agreed to enter into a Housing Cooperation Agreement required for the
density bonus; and,
WHEREAS, nine of the pre-density bonus units will be affordable
to low income households; and,
WHEREAS, these nine units will be reserved for low income rental
occupancy for a minimum of 20 years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby approve the Housing Cooperation
Agreement for the density bonus of nine units over the allowed density
for the property at 54-66 Fourth Avenue owned by the Chula Vista
Parkview Partnership.
BE IT FURTHER RESOLVED that the City Council of the City of
Chula Vista does hereby authorize the Mayor to sign said Housing
Cooperation Agreement on behalf of the City.
Pres b~~ Approved as to form by
Paul G. Desrochers ~tya ~~
Community Development Director Xt rn:r n
'1801
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 20th day of. Decembev'
19 08 , by the following vote, to-wit.
AYES: Councilmembe~-s Nadev', Cox, r4alco]'m, McCand]iss, r, loor'e
NAYES: Counci ~ member's None
ABSTAIN: Counci lmembers None
ABSENT: Counci lrnembers None
Mayo(/of~he City of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION N0. 13908 ,and that the some has not been amended or repealed
DATED
' ' (seal)-'~....-~i') City Cl~rk"
CC-660