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HomeMy WebLinkAbout1984-12-18; City Council; Resolution 78534 I 2 5 C 4 5 c E 7 E s IC 11 12 12 14 15 16 17 1-5 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7853 OF THE CITY COUNCIL OF THE CITY CALIFORNIA, APPROVING A DEVELOPER AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RODNEY F. STO~E AND GEORGE A. FERMANIAN. I WHEREAS, the City of Carlsbad, California, does hereby I resolve as fol&ws: 1. That certain developer agreement between the City of Carlsbad and Rodney F. Stone and George A. Fermanian, a copy of which is attcheld hereto, marked Exhibit 1, and incorporated herein by reference, i? hereby approved. I I I 2. The Mbyor of the City of Carlsbad is hereby authorized said agreement for and on behalf of the and directed to/ execute City of CarlsbaL. ~ PASSED, A~PROVED ND ADOPTED at a regular meeting of the City Council of^ the City of Carlsbad held the 18th day of December, 1984,i by the following vote, to wit: I AYES: NOES: Noqe ABSENT: IWne Comcil Menkers Casler, Iewis, Kulchin, Chick and Pettine I I J MARY H. LASLER, Mayor (Seal) I //// a DEVELOPER AGREEMENT among :ITY OF CARLSBAD, CALIFORNIA and RODNEY F. STONE and GEORGE A. FERMANIAN lated as of December 1, 1984 3 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Multiple ~ TABLE OF CONTENTS Counterparts ..... Assignment. .......... Page .1 -4 .5 -6 .6 .6 .6 .7 -7 .7 THIS DEVELOP R AGREEMENT (the "Agreement") is made and entered into as o December 1, 1984, by and among the CITY OF CARLSBAD, a munic'pal corporation of the State of California 1 (together with successor to its rights, duties and obligations, and RODNEY F. STONE and GEORGE A. FERMANIAN the "Owner"). WHEREAS, theiCity is authorized by Chapter 7, Part 5 of Division 31 (comm ncing with Section 52075) of the Health and Safety Code, as a ended (herein called the "Act") to issue revenue bonds for the purpose of financing the development of multifamily renta WHEREAS, Secdion 103 (b) (4) (A) of the Internal Revenue Code of 1954, as amend d (the "Code"), provides that the interest on obligations issue by or on behalf of a state or political subdivision there f substantially all of the proceeds of which are to be used to provide projects for residential rental property shall be exempt from federal income taxation if, among other requirement and with certain exceptions, at least twenty by individuals ofllow or moderate income within the meaning of and €or the period required by Section 103(b)(12)(C) of the Code; I percent (20%) of z he units in each project are to be occupied WHEREAS, the City has determined to assist in financing a multifamily renta I housing development for the Owner by providing funds t4 make a mortgage loan to the Owner to finance the construction Tf a 320-unit multifamily rental housing development (the Project"), provided that certain conditions with respect to t e occupancy of the Project are satisfied; and WHEREAS, thelparties hereto desire to enter into this Agreement in ordek to set forth the terms of occupancy for the units in the Projkct to be set aside for persons of low and moderate income; I NOW, of the mutual covenants and undertakings forth herein, and other good and valuable consideration, th and sufficiency of which hereby are acknowledged, the the Owner hereby agree as follows: Section 8. Definitions and Interpretation. The following-pall have the respective meanings assigned to them in this Section 1 unless the context in which they are used clearly requires otherwise: "Act" - and Safety Code o "Adjustel (together with th of 18 who intend unit) as calculat Section 1.167(k)- "Af f orda exceed 30 percent income at which a a "lower income" of the leased hou the United States the following app residential units percentage of med income": Resident One bedr Two bedr "Area" - Statistical Area. "Bond Co counsel to the Ci the Project. "Low and Project designate Lower-In which when combin persons over the does not exceed 8 In no event will Lower-Income Tena defined in Sectio entitled to file "Median the Area as most Housing and Urbar Housing Act of 15 are terminated, n method used by tk 1981p/2062-10 hapter 7, Part 5 of Division 31 of the Health the State of California. Income" - The adjusted income of a person adjusted income of all persons over the age o reside with such person in one residential d in the manner prescribed in Regulation (b) (3) - #le Rent" - A monthly rent which does not of one-twelfth of the maximum adjusted annual household of appropriate size is deemed to be amily in the County of San Diego for purposes ing program established under Section 8 of Housing Act of 1937, as amended, based upon ,opriate household sizes for various types of in the Project and assuming 80 percent as the an gross income which qualifies as "lower a1 Unit No. of Persons in Family lom 2 )oms 4 The San Diego, California Metropolitan insel" - Stradling, Yocca, Carlson & Rauth, :y with respect to the issuance of bonds for Moderate Units" - The dwelling units in the 1 for occupancy by Lower-Income Tenants. :ome Tenant" - A person whose Adjusted Income, td with the Adjusted Income of all other tge of 18 years residing in the same unit, 1 percent of the Median Income for the Area. :he occupants of a unit be considered to be its if all of such occupants are students (as ~151(e)(4) of the Code), no one of whom is t joint return under Section 6013 of the Code. Income for the Area" - The median income for :ecently determined by the Secretary of Project under Section 8 of the United States 37, as amended, or if programs under Section 8 sdian income for the Area determined under the s Secretary prior to such termination. -2- beginning on 10 percent of occupied or (ii) on the later the first day on which of the dwelling units in the Project are first (b) the date which is a qualified number of on which any of the dwelling units in the or (c) the date on which any to the Project under Section 8 of 1937 terminates. For "qualified number of days" 50 percent of the number of with the longest maturity. to time promulgated Treasury pursuant "Regulatory or proposed by the Department of the to the Code. Agreement" - The Regulatory Agreement and and recitals of this of reference by reference to this Section 1 notwiths contrary definition in the preamble or recita The titles and headings of the sections of this been inserted for convenience of reference to be considered a part hereof and shall not provisions hereof any effect in construing this Ag hereof or in ascertaining inten shall arise. and interpretation or restrict any of the terms or I 1981~/2062-10 -3- 7 Section 2. Residential Rental Property. The Owner hereby acknowledges and agrees that the Project is to be owned, managed and operated as a project for "residential rental property" (within/ the meaning of Section 103(b) (4) (A) of the Code) for a term qual to the longer of (i) the term of the Bonds or (ii) thergualified Project Period determined with respect to the Project. To that end, the Owner hereby represents, covenbnts, warrants and agrees as follows: (a) TheiProject will be constructed for the purpose of providing a residential rental project, and the Owner shall own, manage and operate the Project as a project to provide multifamily resid ntial rental property comprised of a building or structure or srveral interrelated buildings or structures, each consisting of more than one dwelling unit, together with any functionally related and subordinate facilities, and no other facilities,iin accordance with Section 103(b)(4)(A) of the Code and Sectjon 1.103-8(b) of the Regulations, and the Act, and in accordance with such requirements as may be imposed thereby on the Prbject from time to time. (b) Alllof the dwelling units in the Project will be similarly construFted units, and each dwelling unit in the separate and distinct facilities cooking and sanitation for a single including a sleeping area, bathing and food preparation facilities refrigerator and sink. (c) Nonk of the dwelling units in the Project will at any time be utili ed on a transient basis, or will ever be used as a hotel, motel, 1 dormitory, fraternity house, sorority house, trailer court rooming house, sing home, hospital, sanitarium, rest home or (d) No bart of the Project will at any time be owned or used as a coopbrative housing corporation, or a community apartment project1 or a stock cooperative. Other than obtaining a condominium on the Project, and obtaining a white report from the Department of Real Estate, the Owner shall in connection with a conversion of the ownership, except with the prior of Bond Counsel that the interest on taxable thereby. The final for the Project shall state the the ownership of the Project to the term of the Regulatory Agreement. (e) All of the dwelling units in the Project will be available for rental on a continuous basis to members of the general public arid the Owner shall not discriminate on the 1981p/2062-10 ~ - 4- color, sex, age or national origin in the lease, use or of the Project or in connection with basis of race, the employment for employment of persons for the operation and Project; at least 20 percent of the dwelling units in the Project will be leased or rented, or available for lea e or rental, to Lower-Income Tenants on a continuous basis; at least half of the units to be so leased or rented to Lower-I come Tenants will be available for occupancy on a priority bas's by Very Low Income Tenants in accordance with Section 3(c) below; and the Owner will not give preference to any particular class or group in renting the dwelling units in the Project, e i cept to the extent that dwelling units are required to be le sed or rented to Lower-Income Tenants or to be available for ccupancy on a priority basis by Very Low Income Tenants. (f) The Low and Moderate Units will be intermingled units in the Project and will be of a quality, and offe a range of sizes and number of bedrooms, comparable to the other units in the Project. Tenants in the Low and Moderate nits will have equal access and enjoyment to with all other dw,lling e all common facilidies of the Project. temporary period, be redetermined. exceed 31 days. (9) The /Owner will accept as tenants, on the same basis as all othe prospective tenants, lower-income persons payments for exis ing housing pursuant to Section 8 of the United States Hou ing Act of 1937 or a successor federal program, or who a e recipients of other income subsidies; and, in connection the Owner will not apply tenant selection lower-income persons which are more applied to any other prospective who are holders o 1 certificates for federal housing assistance t tenants. at which time the character of the unit shall In no event shall such temporary period 1981p/2 062 - 10 ~ -5- (b) The Owner will verify a household's income as required by the t d rms of the Regulatory Agreement to be prepared by the City's Bond Counsel either by obtaining (i) a copy of a Lower-Income Tenant's federal income tax return for the tax year immediately prior to the commencement of such Lower-Income Tena t's occupancy, (ii) an employer's verification of s ch Lower-Income Tenant's current income, or, (iii) if the Lowen-Income Tenant is unemployed or if the tax return is unavailable, other satisfactory evidence of income for such year. 3 : will be available shall mail notice for occupancy and the rent for such unit, and to at least 5 persons on the list per unit (d) TheiOwner will maintain complete and accurate records pertaining to the Low and Moderate Units, and will permit any duly authorized representative of the City, the Trustee or the Department of the Treasury or the Internal 1981p/2062-10 : - 6- Revenue Service t inspect the books and records of the Owner pertaining to the incomes of Lower-Income Tenants residing in Regulatory Agreement. Bond Counsel the Project. shall inc'elthe provisions of this Agreement into the Regulatory Agreement to be executed by the Owner with respect to the Project. Section 4. Governing Law. This Agreement shall be governed by the laws of the State of California and the obligations, righjs and remedies of the parties hereunder shall be determined in qccordance with such laws. I Section €$. Amendments. This Agreement shall be amended only by alwritten instrument executed by the parties hereto or their s ccessors and assigns. -q Section +. Notice. Any notice or certificate required to be giyen hereunder shall be given by certified or registered mail, prepaid, return receipt requested, at the addresses spe below, or at such other addresses as may be specified by the parties hereto: City: ~ Owner: 1 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attn: Director of Building and Planning Rodney F. Stone George A. Fermanian 11300 Sorrento Valley Road San Diego, California 92121 Notice shall be deemed given three (3) business days after the date of Section 8. Severability. If any provision of this Aqreement shall b4 invalid, illegal or unenforceable, the validity, legalitt and enforceability of the remaining portions hereof shall not Tn any way be affected or impair.ed thereby. Multiple Counterparts. This Agreement executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed , to be an original. Section 10. Assignment. The Owner may not assign its interests her under, other than to a partnership in which Rodney F. Stone George A. Fermanian remain as general partners, express written consent of the City. -7- Sectio of the bo- tenth of one pe bonds to reimbu nection with thl IN WIT executed this AI all on the date (SEAL 1 ATTEST: 1981p/2062-10 11. Expenses. On the date of issuance e Owner shall pay to the City the sum of one- cent of the aggregate principal amount of the se the City for the expenses incurred in con- - issuance of the bonds. ESS WHEREOF, the City and the Owner have reement by duly authorized representatives, first written hereinabove. CITY OF CARLSBAD RODNEY F. STONE GEORGE A. FERMAINIAN - 8- DECEMBER 4, 14 TO : CITY MI FROM: Dire c tc 1983 SINGLE-FAM: Total Issue: 1983 Program Rec A. First-Til B. Maximum (110% 1 Avera C. Income L (150% . $26,6 Program Charact Total Mortga Fund Disburs Projected Di Average Sale Average Mont Payment : Average Inte Average Borr Buyer Profile: Income Range Less. than Emp lo yme n t 1 Prof essioi Manageria: Technical Military t Gove rnme n i Skilled L, Unskilled White Col MARTY MO : hmj 3' t. . ,Y MORTGAGE REVENUE BOND PROGRAM $20,000,000 iirements: 3 Homebuyers Lles Price: F Regional 2) nitation: E Median - 2) cistics as of September 171 1984: 2s : 55 nent : $6.7 Million bursement. 1984: $7.1 Million ly Mortgage est Rate: 9.9% wer Age: 31 Price: $96,486 $993.00 0% of Median 1 0% to 100% of Median 5 00% to 120% of Median 19 30 20% to 150% of Median - TOTAL ye : - 55 .. 25.7% Executive 14.3% Craftsman 11.4% Self-Employed if icer 4.3% Sales Inside Admin. 2.9% Sales Outside )or 5.7% Retired .abor 2.9% . Other ir 8.6% 11 2.9% 2.9% 5.7% 2.9% 7.1% 1.4% 1.4% ATTACHMENT I 2 3 4 AFFORDABLE R/2NTS FOR THE COUNTY OF SAN DIEGO 1 2 3 4 5 61 7 8 the HUD median income of four as of July, 1983 1 2 3 505 4 8i 555 60% 702 $9,240 $10,560 $1 1,880 $1 3,200 $14,025 $1 4,850 $15,675 $1 6,503 $10,164 $1 1,616 $1 3,068 $14,520 $15,428 $16,335 17,243 $18,750 $1 1,088 $12,672 $14,256 $1 5,840 $1 6,830 $19,800 $12,012 $13,728 $15,444 $17,160 $18,233 $19,305 $20 , 378 $2 1 ,450 $14,784 316.532 3 :e, 480 :i9,635 320 ,?go 221,945 t23,ioo $:i;E $12 9 936 $770 . 00 $880 . 00 $990 0 00 $1,100.00 $1,168.75 $1,237.50 $1,306.25 $1,375.00 $847 .OO $968 .OO $1,089.00 $1,210.00 $1,285.63 $1,361 -25 $1,436.88 $1,512.50 $924 . 00 $1,056.00 $1 , 188.00 $1,320.00 $1,402.50 $1,485.00 $1,567.50 $1,650.00 $1,001 .oo $1,144.00 $1,287.00 $1,430.00 $1,519.38 $1,608.75 $1,698.13 $1,787-50 $1,078.00 $1,232.00 $7 ~86.00 $1,540.0O $1,636.25 5: ,328.75 $1,925.00 .‘1,732.50 $192.50 $220 . 00 $247.50 - $275 . 00 $292.19 $309 38 $326 . 56 $343.75 $21 1.75 $242.00 $272 . 25 $302 . 50 $321.41 $340.31 $359 9 22 $378.13 $23 1 . 00 $264. 00 $330 -00 $350 . 63 $371 -25 $391 -88 $4 12.50 $250.25 $286.00 $321 -75 $357 50 $379 I 84 $4CZ 19 ’-224.53 5446.88 $297 00 -Q69 . 50 308 .OO 6346 . 50 $385.00 5409.06 $433.13 $457.19 $481 . 25 $231 .OO $264.00 $297 . 00 $330.00 - $350 63 $37 1 . 25 $391.88 $412 -50 $254.10 $290 . 40 $326 . 70 $363.00 $385.69 $408 . 38 $431 -06 $453.75 $277 . 20 $3 16.80 $356 . 40 $396.00 $420 -75 $445 . 50 $470 . 25 $495 -00 $300.30 :343.20 3386 10 $429 . 00 $455.81 - :.5282.63 5509.44 $536.25 $323 . 40 $369.60 $415.80 2962.00 $490. 88 $51” .?5 $540 . 63 $577 50 5 Median Size of IIICCiIE Family 6 7 8 1 2 3 105% -4 5 6 7 a 110% 1 2 3 1155 4 5 6 7 8 1205 1 2 3 4 5 6 7 8 Annual Monthly $18,480 $21,120 $23,760 $26,400 $28,050 $29,700 $31,350 $33,000 $1 9,404 $22,176 $24,948 $27,720 $29,453 $31 , 185 $32,9 1 8 $34,650 $20 , 328 $23,232 $26 , 136 $29 040 $30,855 $32,670 $34 , 485 $36 , 300 $21 , 252 $24,288 $27 , 324 $30 9 360 $32,258 $34 9 155 $36,053 $37,950 $22,176 $25,344 $28,512 $31,680 $33,660 $35,640 $37,620 $39,600 $1,540.00 $1,760.00 $1,980.00 $2,200.00 $2,337.50 $2,475 . 00 $2,612.50 $2,750.00 $1,617.00 $1,848.00 $2 , 079 00 $2,3 10 .OO $2 , 454.38 $2 , 598 . 75 $2,743.13 $2,887 -50 $1,694.00 $1,936-00 $2,178.00 $2,420 . 00 $2,571 -25 $2,722 . 50 $2,873 . 75 $3,025.00 $1,771 .OO $2,024 -00 $2,277 -00 $2,530 .OO $2,688.13 $2,846.25 $3 , 004 . 38 $3,162.50 $1,848.00 $2,112.00 $2,376 . 00 $2,640.00 $2 805 -00 $2,970 -00 $3,135000 $3,300 -00 $385.00 $440 .OO $495 . 00 $550 .OO $584.38 $6 18.75 $653.13 $687.50 $404.25 $462 -00 $519.75 $577 . 50 $6 1 3.59 $649 . 69 $685 . 78 $721 -88 $423 . 50 $484 -00 $544.50 $605.00 $642.81 $680 . 63 ,, $718.44 $756 . 25 $442 75 $506 . 00 $569 -25 $632 . 50 $672 03 $71 1.56 $751 -09 $790 . 63 $462 . 00 $528.00 $594 . 00 $660 . 00 $70 1 . 25 $742 . 50 $783 75 $825 .OO $462.00 $528 . 00 $594.00 $660 -00 $70 1 . 25 $742.50 $783 75 $825.00 $485.10 . $554.40 $623 -70 $693 -00 $736.31 $779 63 $822 . 94 $866.25 $508.20 $653 . 40 $726 . 00 $77 1 . 38 $8 16 -75 $862.13 $907 . 50 $531 30 $607.20 $683.10 $759 . 00 $806 -44 $853 . 88 $901 -31 $948 75 $554 . 40 $633 60 $7 12 80 $792 -00 $841 -50 $891 -00 $940 50 $990 DO0 $580.80 . .. % Median Size\.of I Annual Monthly AFFORDABLE RENT @ \' Income Fay, Income Income 25% 30% ............................. -------------- 4 ---- $13,860 $1,155.00 $288 . 75 $346.50 $15,840 $1,320.00 $330 -00 $396 00 $17,820 $1,485.00 $371 25 $445 . 50 $19,800 $1,650.00 $4 12 -50 $495.00 $21,038 $1,753.13 $438 -28 $525 -94 $22,275 $1,856.25 $464.06 $556.88 $23,513 $1,959.38 $489.84 $587 -8 1 $24,750 $2,062.50 $51 5 -63 $618.75 - $308 . 00 $352.00 --- - $14,784 $1,232.00 / 4 - $16,896 $1,408.00 $19,008 $!,%4.0@ $396 -00 $440,00 $467.50 ___I___w_ -- ---"--.".-I- .- - j.L"--"*u_ ~ ___ 75% 81 I 85% 90% 95% 4 3l 5 6 7 8 $23,760 $25,080 $26,400 -". " $15,708 $17,952 $20,196 $22,440 $23,843 $25,245 $26,648 $28,050 $16,632 $19,008 $21,384 $23,760 $25,245 $26,730 $28,215 $29,700 $17,556 $20,064 $22,572 $25,080 $26,648 $28,215 $29,783 -_.. - $31,350 $1,980.00 $2,090 -00 $2,200 -00 $1,309.00 $1,496.00 $1,683.00 $1,870.00 $1,986.88 $2,103.75 $2,220.63 $2,337 . 50 $1,386.00 $1,584.00 $1,782.00 $1,980.00 $2,227 -50 $2,475 -00 $1,463.00 $1,672.00 $1,881 -00 $2,090.00 $2,220.63 $2,351 -25 $2,481 -88 $2,6I 2 -50 $2, 103.75 $2,351 025 $495 . 00 $522 . 50 $550.00 $327 . 25 $374 -00 $420 . 75 $467 . 50 $496.72 $525.94 $555. 16 $584 . 38 $346.50 $396 00 $445 . 50 $495.00 $525 . 94 $556.88 $587.81 $6 18 -75 $365 . 75 $4 18 -00 $470 25 $522 . 50 $555 . 16 $587.81 $620.47 $653 . 13 $594.00 $627 . 00 $660.00-- - 7- $392.70 $448 . 80 $504.90 $561.00 , $596.06 $666.19 $701 -25 $631-13 $415.80 $475 . 20 $534.60 $594 -00 $631.13 $668.25 $705 . 38 $742.50 $438 . 90 $501.60 $564.30 $627.00 $666.19 $705 38 $744.56 $783.75