Loading...
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� { L r City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 o. 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 a said State, personally appeared/L��' ' ✓- •°P� arn1 personally known to me (or proved to me on the J CU basis of satisfactory evidence) to be the persons who executed the within instrument as� 0 0. iv E PresidentaRif Sesra#aty, on behalf of : a" 0 cc a_ a'thecorporati� u nthereinnamed,andac owled dtomethatsaid co 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 Q) E� known to me to a the general partner of f, Notary Public-Cailf0mha ORANGE COUNTY a `o U LL 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. N CO WITNESS my han , and official seal. m 0 Signature (This area for official notarial seal) 0 M 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