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HomeMy WebLinkAboutORD 415 Iqq- COI , DOC 1:8 2001.-653475 RECORDING REQUESTED BY, AND 12/31/2001 08:00A Fee:NC WHEN RECORDED, MAIL TO: Page 1 of 4 Recorded in Official Records County of Riverside CityClerk's Office Gary L. Orso Assessor, County Clerk & Recorder City of Palm Desert II 73-510 Fred Waring Drive I\fl\\\ IIIIIIIIIII II II IIII I I II I II II Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE CITY OF PALM DESERT - NOFEE - M S U PAGE SIZE DA PCOR NOCOR SMF MISC. 6103 OF THE GOVT. CODE A R L J /v COPY LONG REFUND NCHG EXAM CITY OF PALM DESERT EscVIT PALM DESERT REDEVELOPMENT AGENCY RELEASE AND TERMINATION AGREEMENT (Title of Document) 3013. 0 S,?I2i3-10 ),110 hC ZI Lid II 93J Zu. 03n1303� Recording requested by and when recorded return to: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Clerk • (Exempt from recording fees pursuant to G.C. §6103) RELEASE AND TERMINATION AGREEMENT THIS RELEASE AND TERMINATION AGREEMENT ("Release") is made this 13th day of December , 200 1 by the CITY OF PALM DESERT, a California municipal corporation("City") and the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"). RECITALS A. Pursuant to Ordinance No. 382, City entered into an Affordable Housing Agreement with Palm Desert Partners ("Developer"), dated as of July 26, 1984, and recorded October 15, 1984, as Instrument No. 222515, in the Official Records of Riverside County, California, regarding the use and development of certain real property located in the City of Palm Desert, California, which is more particularly described as follows: Parcel 4 as shown by Parcel Map 13406, on file in Book 64, pages 66 through 68, of Parcel Maps, records of Riverside, California (the "Property"). B. Pursuant to Ordinance No. 415, City entered into a second Affordable Housing Agreement with Developer, dated of March 13, 1985, and recorded April 3, 1985, as Instrument No. 68935 in the Official Records of Riverside County, California, also affecting the Property. Both Affordable Housing Agreements being hereinafter referred to as the "Agreements." C. By Grant Deed dated August 8, 2001, and recorded August 30, 2001, as Instrument No. 2001-419368, in the Official Records of Riverside County, California, Agency acquired the fee simple interest in and to the Property. P6402-0001/671381.3 I IIIII IIfflIIII IIII II III IIII I II III III IIIII 1111 IIII 12.�F1FJ1 .1f_t7 8 r'FiH D. City, in the City's capacity as an original party to the Agreements, and Agency, in - the Agency's capacity as a successor in interest to Developer as the owner of the Property, mutually desire to terminate the Agreements and release the terms and conditions of the Agreements as to the use and development of the Property. NOW THEREFORE, as of the date first set forth above, City and Agency hereby terminate the Agreements and deem them of no further force or effect, and release the Property, and any use or development of the Property, from any further effect or obligation related to the Agreements. WITNESS the signatures of the authorized representatives of City and Agency. CITY OF PALM DESERT, a California municipal corporation By: Title: Richard S. Kelly, Mayor ATTEST: n ,fc--- ..„_2 t0 _ fi n "--.D-z "(: ka,--Th Cit Clerk of the City of Palm esert, California C---:: , PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic t By: 4/44.e7 Title: Richard S. Kelly, Chairman ATTEST: e .... It'it 24011111114,# Secretary _ • " 111110 1E111 IIII EllI11 I111 III III 1111111 12 1,1EOGi 8 OCIR - ( 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On �j C , a , 2001, before me, N _,atEti. C t!A-Q i , personally appeared le,€u- , [personally known to me] or , to be the person( whose name(s)-' is/art subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/t eit authorized capacity/ nd that by his/her/the signature(s) on the instrument the person(s);or the entity upon behalf of which the person(s)-acted, executed the instrument. WITNESS my hand and official seal. rya, NOREEN BOUCHARD 'U l (c). [Seal) Commission 0 123.9787 Sign tore z �;��,� Notary Public-California Rive7lie County Printed: r2 Fpim f> G �� ,,C. ,- Oct28,25303 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On G _ . (,p , 2001, before me, M()D F�,i} t ;-�- L.� �p (�� personally appeared ,i =+1-£UL .Lr'\-EASE , [personally known to me] or [Ar-ave t to me on the basis of satisfactory evidence], to be the person(s)'whose name(' ---�� is/,are subscribed to the within instrument and acknowledged to me that -lielshe/the'y executed the same in Iher/thy authorized capacitykapaeitK and that by ls9her/their—signature( on the instrument the persons; or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NoREEN IA 'V (2(4_ -i( �/P)0 4 )(11 S [Seal] •_• Commission0UCI 1239787 Signature " ; Natty Public-California Printed: / _)l')2 r - C w44 ,CaRiverside E�cpYes oct2S.2A03 IIIIII IIIIII IIII lID I IIII HE IIIIII III IIIII IIII IIII lr tJ�I�Nr tl' "NH 3 ORDINANCE NO. 415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE RENTING OF A 104 UNIT APARTMENT COMPLEX LOCATED SOUTHERLY OF THE INTERSECTION OF BEACON HILL AND HOVLEY LANE. Case No. PP 84-12 Amendment #1 P.D. PARTNERS AGREEMENT WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of December, 1984, hold a duly noticed public hearing to consider a request by PALM DESERT PARTNERS for approval of the above mentioned project. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project has been assessed in connection with previous approvals and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to approve the development agreement. 1. The proposed development agreement is consistent with the General Plan Zoning Ordinance and specifically implements policies contained within the Housing Element. 2. The proposed agreement will facilitate the production of housing affordable by lower moderate income households. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case; 2. That it does hereby approve the P.D. PARTNERS DEVELOPMENT AGREEMENT as described in Exhibit "A" for reasons set out in this ordinance. 3. The city clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this ordinance, shall submit to the Riverside County Recorder for recordation, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of January, 1985, by the following vote, to wit: AYES: BENSON, JACKSON, KELLY, WILSON, AND SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE WA TER H. SNYDER, May r A, TEST: SHEILA R. GIL MAN, City Jerk City of Palm Desert, Calif nia Am ORDINANCE NO. 415 EXHIBIT "A" PALM DESERT PARTNERS AFFORDABLE HOUSING AGREEMENT This agreement, made as of this 13thday of March , 1985 between the City of Palm Desert, a California municipal corporation (hereinafter "CITY") and Palm Desert Partners, (hereinafter "DEVELOPER") provides: Recitals 1. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted a change of zone (C/Z 84-5) of PROPERTY to AHDPR-18 and approval of a precise plan (PP 84-12) to construct 104 residential rental units on the PROPERTY. 2. As a condition of said approvals, CITY has required that a specified number of units within Precise Plan 84-12 (hereinafter "PROJECT") would be set aside for lower income occupants subject to restrictions necessary to insure the continued occupancy of said units by lower income households. 3. DEVELOPER and CITY desire to further memorialize and implement the conditions of said approval and do hereby agree to the following terms and conditions. Agreement 1. DEVELOPER has been conditionally granted permission by the CITY to construct 104 rental residential units on the PROPERTY by Change of Zone 84-5, Ordinance 382, Precise Plan and Planning Commission Resolution No. 960. As a condition of said approvals DEVELOPER is required, and hereby agrees to reserve for rent 21 units for lower income households. Hereinafter these 21 units shall be referred to as "AFFORDABLE UNITS". ORDINANCE NO. 415 These AFFORDABLE UNITS shall consist of 16 two -bedroom two bath and 5 two bedroom one bath units. 2. As used herein, "low income households" shall refer to families or individuals whose gross income does not exceed 80% of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information is contained in "Exhibit 2" and shall be updated automatically as information is obtained from HUD. If in the future more relevant data is made available by other officially recognized agencies, the applicant may request amendment of this agreement to include such data. 3. Rent for affordable units shall not exceed 30% of the gross income of lower income households. Three person household income figures set the following maximum rent for two bedroom, one bath units. Four person household income figures set the following maximum initial rent for two bedroom, two bath units. The rent shall be adjusted per Article 2 of this agreement. 2 bedroom 1 bath $451 2 bedroom 2 bath $502 4. The DEVELOPER or his assigned management agent shall be responsible for determining elgibility of prospective tenants. Prior to opening the project the DEVELOPER shall submit for approval a plan to the CITY describing the procedure for determining and enforcing eligibility requirements. This plan shall include annual qualification by all eligible households and a semi-annual audit at the DEVELOPER'S cost by the CITY or its assigned agents determining compliance with all aspects of this AGREEMENT. 5. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin, or age. The AFFORDABLE UNITS shall be ORDINANCE NO. 415 equipped in the same fashion and their exterior shall be identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly dispersed throughout the project. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. 6. The DEVELOPER shall maintain the quality of the buildings, grounds and recreation facilities consistent with their condition at the time of issuance of certificate of occupancy. The DEVELOPER shall post a $10,000 bond or other satisfactory security assuring the performance of any work the CITY feels is necessary to meet this requirement in a form satisfactory to the CITY. 7. The term of this AGREEMENT shall run for thirty years during which period 21 aforementioned AFFORDABLE UNITS shall be reserved for lower income household. During the first ten . years of this AGREEMENT the entire PROJECT shall be maintained as rental housing. Thereafter the DEVELOPER or his successor may apply to amend this AGREEMENT to allow condominium conversion. The DEVELOPER will be required to conform to all applicable zoning and building regulations. The amendment would include a program to maintain the availability of the AFFORDABLE UNITS for lower income households throughout the remaining term of the AGREEMENT. 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors. The provisions hereof shall be enforceable by appropriate legal action brought by the CITY. In the event legal action is brought to enforce any provision hereof, the prevailing party shall be entitled to reasonable attorney's fees together with other legally allowable costs. 9. This AGREEMENT shall be reviewed by the city planning commission every 6 months, at which time the applicant or his successor shall be ORDINANCE NO. 415 required to demonstrate good faith compliance with the terms of the AGREEMENT. If as a result of this review, the commission finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the AGREEMENT, it shall recommend to the city council that the AGREEMENT be modified or terminated. If the city council concurs with the planning commission recommendation, the AGREEMENT shall be modified or terminated. Proceeding before the city council shall be a noticed public hearing. If at the time of the hearings substantial improvements have not yet occurred on the site, termination of the AGREEMENT will also involve revocation of all previous approvals and permits associated herewith and the zoning of the property shall revert to S.I. If substantial improvements are already in place and modifications acceptable to the CITY cannot be negotiated then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 10. The AGREEMENT shall be construed according to the laws of the State of California. If any portion of the AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. 11. Each of the parties hereto covenants and agrees that it has the legal capacity to make the AGREEMENTS herein contained, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. ORDINANCE NO. 415 IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. (Notarized) L/ s ► ATTEST: C m a E 0 U C M U N E Q _N iT Z a c N ro 0 0 r) THE CITY OF PALM DESERT By 4�� � - WALTER H. SNYDER, MA R ATTtST:/, By PALM DESERT PARTNERS STATE OF CALIF NIA ;ss. COUNTYOF On. j^�L1-ti-�v before me, the undersigned. a Notary Public inand for said State, personally appeared.— 'E_Ot\ ^� O • ,�1GT_E�y_—_ . personally known to me for proved to me on the basis of satis- factory evidence) to be the person(s)whose nameis) is/arssub- scribed to the within instrument and acknowledged to m i that he/she/they executed the same. WITNESS my hand and official seal. t Signature.._____. J OFFICIAL SEAL a MARY P. FRAZIER NOTARY PUBLIC—CALIFORNIA NOTARY BOND FILED IN RIVERSIDE COUNTY My Commission Expires June 6, 1986 (This area for official notarial seal) ORDINANCE NO. 415 EXHIBIT "1" The land referred to in this application is situated in the State of California, County of Riverside, City of Palm Desert, and is described as follows: Parcel 4, as shown by parcel Map 13,406, on file in Book 64 pages 66 through 68 of Parcel Maps, Records of Riverside County, California. ORDINANCE NO. 415 EXHIBIT "2" SECTION 8 INCOME LIMITSI Persons in the Family 1 Very Low Income Other Low Income 2 Very Low Income Other Low Income 3 Very Low Income Other Low Income 4 Very Low Income Other Low Income 5 Very Low Income Other Low Income 6 Very Low Income Other Low Income 7 Very Low Income Other Low Income 8 Very Low Income Other Low Income Definitions: Riverside/San Bernardino $ 8,800 14,050 10,050 16,050 11,300 18,050 12,550 20,100 13,550 21,350 14,550 22,600 15,550 23,850 16,550 25,100 Very Low Income: These are households with incomes that do not exceed 50% of the median family income for a four -person household. Persons with incomes below this amount are to be the principal beneficiaries of housing assistance programs. Other Low Income: Households with incomes above the Very Low Income limit, but below 80% of the median family income for a four -person household. IThe HUD Income Limits were issued as of March 1, 1983. These Section 8 limits may be in effect for one or more years.