HomeMy WebLinkAboutC-2474 - Affordable Housing AgreementExemPl VOCC 410 rOg4 e e
184--�IL0927
Government COde 6103
RECORDED IN OFFICIAL REC5iRDS
OF ORANGE COUNTY CALIFORNIA
TO BE RECORDED AND
WHEN RECORDED RETURN T0: ,DO PM CLEC 10`84
City Clerk
`°' couNTv
City of Newport Beach RECORDER
3300 Newport Boulevard EXEMPT
Newport Beach, CA 92663
a 0
AFFORDABLE HOUSING AGREEMENT��C$�
THIS AGREEMENT is entered into this d�;�
of',�', 1984, by and between Summer Wind
California Limited Partnership (hereinafter "Partnership")
the City of Newport Beach, a chartered municipal corporation
(hereinafter "City"), and is made with reference to the following
facts:
Recitals
A. Partnership is developing the property known as the
Corona del Mar Elementary School site with a residential
subdivision consisting of forty (40) residential units, a part of
which contains four (4) duplexes (hereinafter "Project").
B. As a condition of approval of Project, Partnership
is required to enter into a written Affordable Housing Agreement
with the City of Newport Beach, guaranteeing that one unit of
each of the duplexes shall be affordable to persons or families
earning no more than 100% of the area median income (sometimes
referred to as the "Affordable Unit").
7
4--510927
C. City and Partnership desire to enter into this
Agreement establishing four (4) Affordable Rental Units within
the Project, to provide for a procedure for regulating and
administering these Affordable Units.
Agreements
1. Partnership agrees to provide four (4) Affordable
Units; (one (1) Affordable Unit in each duplex unit). Said
duplexes and Affordable Units shall be located on the property,
more particularly described as:
Lot 1 and Lot 2 of Block 631 and Lot 21 and 22
of Block 531 of "Corona del Mar" as shown on a
Map recorded in Book 3, Page 41 and 42 of
Miscellaneous Maps, Records of Orange County,
California. In addition -- all that portion
of Third Avenue (formerly 55th Place) 50 feet
in width extending between the prolongation of
the Southeasterly line of Carnation Avenue
(formerly 30th Avenue) and the prolongation of
the Northwesterly line of Dahlia Avenue
(formerly 31st Avenue) as shown on a Map of
"Corona del Mar" recorded in Book 3, Pages 41
and 42 of Miscellaneous Maps, Records of
Orange County, California, and abandoned by
the City of Newport Beach by resolution
recorded December 8, 1944, in Book 1296, Page
8 of Official Records.
2. Partnership further agrees:
( a ) Except as provided in Section 3, the
Affordable Rental Units shall be occupied by persons and families
whose income does not exceed 100% of the area median income.
2
84-510927
(b) The Affordable Units shall remain affordable
for a period of ten (10) years commencing as of the date on which
the unit is first occupied;
(c) The Affordable Units shall be provided within
three years from the date on which the project was approved;
(d) The Affordable Units shall contain two
bedrooms or more;
(e) The maximum rent for each Affordable Unit will
be a calculated as follows:
Thirty percent of one hundred percent of
County Median Income (as periodically
published by the County of Orange) divided by
twelve.
(f) In the event than an Affordable Unit contains
only two bedrooms, the maximum rent shall be 5% less than that
permitted in subparagraph (e) herein;
(g) The rental rate may be adjusted from time to
time to reflect changes in the area median income.
3. Partnership shall be fully responsible for ensuring
that persons or familes who rent the Affordable Units properly
qualify as persons or families earning one hundred percent (100%)
3
34-51001)27
or less of the area median income. In the event that Partnership
rents an Affordable Unit to a person or family who does not
qualify under the terms of this Agreement, Partnership shall
immediately take the necessary action to cause the tenant to
vacate the premises; provided, however, Partnership shall not be
required to terminate the tenancy of any person or family unless
their gross income exceeds, by more than ten percent (10%) of,
the maximum income which would qualify that person or family to
occupy the Affordable Unit.
4. Partnership shall be responsible for ensuring, at
initial occupancy, that persons or families who rent the
Affordable Units qualify to occupy the Affordable Units. To
ensure an adequate pool of applicants and that the income of
successful applicants is within the limits established by this
agreement, Partnership shall do the following®
a. Partnership shall advertise the availability
of the Affordable Units, at least, twice in a newspaper of
general circulation with the County of Orange;
b. Partnership shall provide City and County of
Orange with written notice of the availability of the Affordable
Units at least 10 days prior to the last date on which
applications for initial occupancy are accepted;
4
c. Partnership shall accept applications for
initial occupancy for a period of not less than 10 days after the
last date on which the availabilty of the Affordable Units is
advertised;
d. Partnership shall require persons or families
applying for occupancy to state their gross income for the past
12 months. Partnership shall then determine whether the
applicant qualifies for occupancy as provided in this
Agreement. The certification of gross income shall be under
penalty of perjury, and Partnership may rely upon the Income
Statement in qualifying the applicant for occupancy;
e. Selection of occupants of the Affordable Units
shall be based on criteria that is neutral as to race, religion,
sex, creed, ethinic origin. Selection shall not be based on
other criteria prohibited by the Constitution or laws of the
United States, or the State of California, or criteria which
would favor employees of Partnership or City;
f. The obligation of Partnership to advertise, or
notify local agencies of, the availability of Affordable Units
shall apply only to the initial leasing or rental of the
Affordable Unit;
5
84-510927
g. Partnership shall annually provide City with a
schedule of the rental rates then in effect for each Affordable
Units. Partnership shall also provide City, annually, with a
copy of income certifications completed by tenants of each
Affordable Unit who have become tenants during the preceding
year.
5. Partnership agrees that the rental agreement with
the tenant of a duplex unit shall require the tenant to provide
Partnership with information regarding tenant's income at least
once each year, giving Partnership the right to terminate the
tenancy upon thirty (30) days' written notice in the event of a
material misrepresentation by such tenant with respect to
tenant's income or in the event tenant's gross income exceeds, by
more than 10%, the maximum income that would qualify the person
or family to occupy the units.
6. Partnership acknowledges that a breach of this
Agreement will result in irreparable injury to City, and that
monetary damages, or any other legal remedy, would be inadequate
to satisfy such a breach. Therefore, in the event of a breach of
any of the terms of this Agreement, City shall be entitled to
obtain an order from the Superior Court requiring Partnership to
specifically perform the terms and conditions of this Agreement
including interim injunctive relief. In the event City is
required to enforce any of the terms of this Agreement, City
A
shall be entitled to recover from. Partnership reasonable
attorneys' fees and costs incurred in conjunction with such
litigation.
7. Notices required or permitted hereunder shall be
sufficiently given if made in writing and delivered, either
personally or by registered or certified mail, postage prepaid,
to the following addresses, or to such other addresses as may be
designated for formal notice:
City of Newport Beach
City Manager
P.O. Box 1768
Newport Bech, Ca. 92663®3884
Summer Wind, a California
Limited Partnership
c/o Gfeller Development Co., Inc.
242 West Main Street
Tustin, Ca. 92680
8. This agreement shall be binding upon and inure to
the benefit of the parties and their respective successors and
assigns and shall be recorded in the County Recorder's Office,
Orange County, California.
9. No change in or addition to this Agreement, or any
part hereof, shall be valid unless in writing and signed by or on
behalf of the parties hereto.
10. If any portion of this agreement is held by an
arbitrator or court of competent jurisdiction to be invalid, void
and unenforceable, the remainder of the provisions hereof shall
7
84-514-0927
remain in full force and effect and shall in no way be affected,
impaired, or invalidated.
11. This Agreement constitutes the entire understanding
between the parties with respect to the subject matter hereof,
superseding all negotiations, prior discussions and preliminary
agreements or understandings, written or oral.
12. This agreement shall be governed by and construed
and endorsed in accordance with the laws of the State of
California.
13. Partnership shall, in the performance of its duties
under this Agreement, comply with all applicable Federal, State
and local fair housing laws.
14. The parties shall each execute and deliver, or
cause to be executed and delivered, such further instruments and
documents and shall take such other action as may be reasonably
required to more effectively carry out the intent and purpose of
this Agreement.
SEW PORT
z
-9�t FORN�
December 5, 1984
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
7144,40-2-261 644-3005
Enclosed for recordation is an agreement for affordable housing,
between the City of Newport Beach and Summer Wind, A California
Limited Partnership, by Gfeller Development Company, Inc.
The enclosed have already been checked as to form, have been notarized,
and are ready for recordation.
Please record and return to us.
Sincerely, Y
Wanda E. Raggio +, f
City Clerk
WER:pm
encs.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
November 2, 1984
To: Wanda Raggio, City Clerk
From: Robert H. Burnham, City Attorney
Re: Gfeller Agreement
After recordation of the Gfeller Agreement, please send
a fully executed, conformed copy to this office.
Robert H. Burnham
RHB/dt
MEB/Raggio
7
art]
Q SEW POST
CITY OF NEWPORT BEACH
�_
3 OFFICE OF THE CITY CLERK
cq��FORN�P (714) 6+4-225i- 644-3005
November 9, 1984
Summer Wind, a California
Limited Partnership
c/o Gfeller Development Co., Inc.
242 West Main Street
Tustin, CA 92680
Dear Sir:
Enclosed are the original and two copies of the Affordable Housing Agreement
for Corona del Mar Elementary School Site, approved by the City Council on
October 22, 1984.
These documents are needed to be recorded at recorder's office. Please have
all three copies signed in the front of Notary Public and return to us.
Upon return of the agreement from the recorder's office, one copy will be
forwarded to you for your files.
Sincerely,
Wanda E. Raggiof
City Clark.
WER:pm
encs.
cc: Craig Bluell/Planning Department(��-'" '„•, j'�;`y�
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City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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y STATE OF CALIFORNIA j )ss. 84-5109Z7
COUNTY OF �� }
m On (d 4' 1 .. C before me, t e undersigned, a Notary Public in and for
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said State, personally appeared/L��' ' ✓- •°P� arn1
personally known to me (or proved to me on the
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basis of satisfactory evidence) to be the persons who executed the within instrument as�
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Sesra#aty, on behalf of : a"
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nthereinnamed,andac owled dtomethatsaid
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corporation executed the within instrument ursuant to its by -
OFFICIAL SEAL
ca
aws or a resolution of its board of directors, said corporation being
a GERMAINE B. GUNS
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known to me to a the general partner of
f, Notary Public-Cailf0mha
ORANGE COUNTY
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limited partnership that executed the within instrument, and
�� tiny Comm. Exp. Juni 2, 1968
acknowledged
acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
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CO WITNESS my han , and official seal.
m
0 Signature (This area for official notarial seal)
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STATE OF CALIFORNIA,
i ss.
Orange COUNTY OF g
ON December 4, lg 84y
before me, the undersigned, a Notary Public in and for said State, personally appeared
Philip Maurer and Wanda E. Raggio, personally known to
me to be the Mayor and City Clerk respectively of the
OFFICIAL SEAL
'��� ~�' L City of Newport Beach and , known to me,
....
DOROTHY L. PALEN to be the persons whose names are subscribed to the within Instrument,
NOTARY PUBLIC - CALIFORNIA and acknowledged to me that t hem executed the same.
PRINCIPAL OFFICE IN
ORUGE COUNTY WITNESS m hand and official seal.
MyCanmisskm Expires April 5,19MM Y
Notary blic in and for said State.
ACKNOWLEDGMENT—General-Wokotts Form 233—Rev. 3.64 Dorothy L. Palen
84-5.9927
IN WITNESS WHEREOF, the parties have executed this
Agreement on the day and year first above written.
SUMMER WIND
A California Limited Partnership
By: GFELLER DEVELOPMENT COMPANY, INC.
as Managing General Partner
By:L6'(tLl)�
Douglas J.
Gfeller, P esident
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
APPROVED AS TO FORM
ity Att rney
ATTEST
'a
City Clerk
AGP/Gfeller
Mayor
WW
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
C -a // 7-// (38):
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
OCT 221984
October 15, 1984
Agenda Item No. F -9(b)
To: Hon. Mayor & Members of the City Council
From: Robert H. Burnham - City Attorney
Re: E ffordable Housing Agreeme.m-t - Gefeller Development Coi
Coronaaeentary
BACKGROUND
On March 26, 1984 the City Council approved the application
of Gefeller Development Co, to construct approximately 40
dwelling units on the Corona del Mar Elementary School site.
This development was approved subject to certain conditions. One
of the conditions called for the property owner to provide four
affordable units on the project site. These units were to be
affordable to persons of median income. This affordable housing
requirement was to be memoralized in an agreement to be approved
by the City Council.
DISCUSSION
We have attached to his memorandum, a copy of the proposed
Affordable Housing Agreement between City of Newport Beach and a
California Limited Partnership known as Summerwind. Gefeller
Development is the general partner of this limited partnership.
The form and content of the proposed Affordable Housing Agreement
are acceptable to the Planning Director and the City Attorney.
The agreement conforms to provisions of Council Policy P -1 and
the conditions imposed upon development by the Council in
approving the project.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor
and City Clerk to execute the Affordable Housing Agreement
between Summerwinds limited partnership and City of Newport
Beach.
"Tx-�
Robert H. Burnham
City Attorney
i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
(714) 640-2201
October 23, 1984
Mr. Dennis O'Neil
McDonough, Holland & Allen
3200 Park Center Dr. Suite 710
Costa Mesa, Ca. 92626
Re: Balboa Bay Club
Gfeller Affordable Housing Agreement
Dear Dennis:
Enclosed, please find the original and one copy of the Gfeller
Affordable Housing Agreement approved by the City Council on
October 22, 1984. We have made the requested changes on page
six. The other changes that were made in the Agreement reflect
conditions imposed on the project and provisions of Council
Policy P -1 (Mello).
Please have your client execute the original and return to his
office for further processing.
I have also enclosed a copy of a letter from Diane Fishburn.
This is the "followup" letter we have all been waiting for. I
will provide each councilmember with a copy of the letters
received from the FPPC on this subject, as well as a cover memo
summarizing the position taken by the Commission.
At this point, it seems to me that your client has the option of
either discontinuing the practice of issuing Guest Passes or
issue a pass similar to that sent to the FPPC for analysis, but
revised to make it clear that the card cannot be used my family
members.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
0 0
MEMORANDUM -211711
OFFICE OF THE CITY ATTORNEY
October 15, 1984
To: Hon. Mayor & Members of the City Council
From: Robert H. Burnham — City Attorney
Re: Affordable Housing Agreement — Gefeller Development Co.
Corona del Mar Elementary School Site
BACKGROUND
On March 26, 1984 the City Council approved the application
of Gefeller Development Co. to construct approximately 40
dwelling units on the Corona del Mar Elementary School site.
This development was approved subject to certain conditions. One
of the conditions called for the property owner to provide four
affordable units on the project site. These units were to be
affordable to persons of median income. This affordable housing
requirement was to be memoralized in an agreement to be approved
by the City Council.
DISCUSSION
We have attached to his memorandum, a copy of the proposed
Affordable Housing Agreement between City of Newport Beach and a
California Limited Partnership known as Summerwind. Gefeller
Development is the general partner of this limited partnership.
The form and content of the proposed Affordable Housing Agreement
are acceptable to the Planning Director and the City Attorney.
The agreement conforms to provisions of Council Policy P -1 and
the conditions imposed upon development by the Council in
approving the project.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor
and City Clerk to execute the Affordable Housing Agreement
between Summerwinds limited partnership and City of Newport
Beach.
Robert H. Burnham
City Attorney
! i
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
October 15, 1984
To: Hon. Mayor S Members of the City Council
From: Robert H. Burnham - City Attorney
Re: Ei41dH34fL
BACKGROUND
C- 17V
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
OCT 221984
"6 �;'y
Agenda Item No. F-9(b)
On March 26, 1984 the City Council approved the application
of Gefeller Development Co, to construct approximately 40
dwelling units on the Corona del Mar Elementary School site.
This development was approved subject to ;certain conditions. One
of the conditions called for the property owner to provide four
affordable units on the project site. These units were to be
affordable to persons of median income. This affordable housing
requirement was to be memoralized in an agreement to be approved
by the City Council.
DISCUSSION
We have attached to his memorandum, a copy of the proposed
Affordable Housing Agreement between City of Newport Beach and a
California Limited Partnership known as Summerwind. Gefeller
Development is the general partner of this limited partnership.
The form and content of the proposed Affordable Housing Agreement
are acceptable to the Planning Director and the City Attorney.
The agreement conforms to provisions of Council Policy P -1 and
the conditions imposed upon development by the Council in
approving the project.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor
and City Clerk to execute the Affordable Housing Agreement
between Summerwinds limited partnership and City of Newport
Beach,
Tx"-'
Robert H. Burnham
City Attorney
(3 8)
RECORDING REQUESTED AND
WHEN RECORDED MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
CONDITIONAL CERTIFICATE OF COMPLIANCE
(Section 666499.35 of the California Government Code)
GFELLER DEVELOPMENT COMPANY, INC. (hereinafter
"Gfeller "), owner of the hereinafter described real property
has applied to the City of Newport Beach (hereinafter
"City ") for a Conditional Certificate of Compliance pursuant
to section 66499.35 of the California Government Code.
Description of Real Property
All that certain land situated in the State of Cali-
fornia, County of Orange, City of Newport Beach, herein-
after referred to as "Subject Property" and described as
follows:
Parcel 1:
Lots 1 to 22, both inclusive, in Block 531 of "Corona del
Mar ", as shown on a map recorded in Book 3, Pages 41 and 42
of Miscellaneous Maps, Records of Orange County, California.
Parcel 2:
Lots 1 to 22, both inclusive in Block 631 of "Corona del
Mar ", as shown on a map recorded in Book 3, Pages 41 and 42
of Miscellaneous Maps, Records of Orange County, California.
Parcel 3:
All that portion of Third Avenue (formerly 55th Place) 50
feet in width, extending between the prolongation of the
southeasterly line of Carnation Avenue (formerly 30th
Avenue) and the prolongation of the northwesterly line of
Dahlia Avenue (formerly 31st Avenue), as shown upon a map
.:
of Corona del Mar, recorded in Book 3, Pages 41 and 42 of
Miscellaneous Maps, Records of Orange County, California,
and abandoned by the City of Newport Beach by Resolution
recorded December 8, 1944 in Book 1296, Page 8 of Official
Records.
Parcel 4:
All that portion of those certain alleys, 14 feet in width
in Blocks 531 and 631 as laid out and shown upon a map of
Corona del Mar, recorded in Book 3, Pages 41 and 42 of
Miscellaneous Maps, Records of Orange County, California,
lying between the prolongation of the northeasterly line of
2nd Avenue (formerly 54th Place) and the prolongation of
the southwesterly line of 4th Avenue (formerly 56th Place),
as laid out and shown upon said map of Corona del Mar,
recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps,
Records of Orange County, California, and abandoned by the
City of Newport Beach by Resolution recorded December 8,
1944 in Book 1296, Page 8 of Official Records.
Findings
The City Engineer of City, finds and determines that
the Subject Property was legally subdivided in 1904 but
that the lots comprising the Subject Property subdivision
do not comply with the current minimum lot size standards
as set forth in the Newport Beach Municipal Code.
Issuance
Gfeller acquired its interest in the Subject Property
on August 10, 1983. City hereby issues this Certificate of
Compliance subject to the conditions approved by the City
Council of City on March 26, 1984, as part of General Plan
Amendment No. 83 -2(a), Local Coastal Program Amendment
No. 4, Districting Map No. 16 Amendment No. 599, and
Coastal Residential Development Permit No. 5, to permit
development of the Subject Property, which conditions would
have been applicable to the division of property at the
time Gfeller acquired its interest therein.
Dated: September 1984.
Donald Webb, City Engineer
-2-
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On July , 1984, before me, the undersigned, a
Notary Public in and for said State, personally appeared
DONALD WEBB, as City Engineer of the City of Newport Beach,
and known to me to be the person who executed the within
instrument on behalf of the City of Newport Beach herein
named and acknowledged to me that the City of Newport Beach
executed the within instrument pursuant to a resolution of
its City Council.
WITNESS my hand and official seal.
Notary Public
-3-
October 23, 1984
r
CITY OF NEWPORT BEACH
Mr. Dennis O'Neil
McDonough, Holland & Allen
3200 Park Center Dr. Suite 710
Costa Mesa, Ca. 92626
OFFICE OF THE CITY ATTORNEY
(7141640-2201
Re: Balboa Bay Club
Gfeller Affordable Housing Agreement
Dear Dennis:
Enclosed, please find the original and one copy of the Gfeller
Affordable Housing Agreement approved by the City Council on
October 22, 1984. We have made the requested changes on page
six. The other changes that were made in the Agreement reflect
conditions imposed on the project and provisions of Council
Policy P -1 (Mello).
Please have your client execute the original and return to his
office for further processing.
I have also enclosed a copy of a letter from Diane Fishburn.
This is the "followup" letter we have all been waiting for. I
will provide each councilmember with a copy of the letters
received from the FPPC on this subject, as well as a cover memo
summarizing the position taken by the Commission.
At this point, it seems to me that your client has the option of
either discontinuing the practice of issuing Guest Passes or
issue a pass similar to that sent to the FPPC for analysis, but
revised to make it clear that the card cannot be used my family
members.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
E
Please call me if you have any questions.
Very truly yours,
o ert H. urnham
City Attorney
RHB /pr
•
! 0
MEMORANDUM ' z117V
OFFICE OF THE CITY ATTORNEY
October 15, 1984
To: Hon. Mayor 6 Members of the City Council
From: Robert H. Burnham — City Attorney
Re: Affordable Housing Agreement — Gefeller Development Co.
Corona del Mar Elementary School Site
BACKGROUND
On March 26, 1984 the City Council approved the application
of Gefeller Development Co, to construct approximately 40
dwelling units on the Corona del Mar Elementary School site.
This development was approved subject to certain conditions. One
of the conditions called for the property owner to provide four
affordable units on the project site. These units were to be
affordable to persons of median income. This affordable housing
requirement was to be memoralized in an agreement to be approved
by the City Council.
DISCUSSION
We have attached to his memorandum, a copy of the proposed
Affordable Housing Agreement between City of Newport Beach and a
California Limited Partnership known as Summerwind. Gefeller
Development is the general partner of this limited partnership.
The form and content of the proposed Affordable Housing Agreement
are acceptable to the Planning Director and the City Attorney.
The agreement conforms to provisions of Council Policy P -1 and
the conditions imposed upon development by the Council in
approving the project.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor
and City Clerk to execute the Affordable Housing Agreement
between Summerwinds limited partnership and City of Newport
Beach.
Robert H. Burnham
City Attorney