HomeMy WebLinkAboutD-1738 3592 Broad Street, Unit 202 - 3594 Broad Street, Unit 202 - 3596 Broad Street, Unit 202 Recorded 09/04/2007AFFORDABILITY AGREEMENT /DEED OF TRUST COVENANTS FOR TRACT 2534
THIS AGREEMENT is made and entered into this _31 st_ day of _July_, 2007, by and
between the City of San Luis Obispo (the "City ") and Broad Street Partners II, LP, a California
I imited partnership, managing general partner ( "Owner"), collectively referred to as "the parties."
r,
A. In 2004, the City Council adopted Resolution No. 9594, approving a
mixed -use condominium project with 82 dwellings and 31,280 square feet of
commercial floor area, located at 3592 Broad Street ( "the project "), and
B. Mixed -Use Project Condition #1 of that approval requires the applicant
(WestPac Investments, Inc.) to provide a minimum of six (6) affordable dwelling
units, including at least 3 units to be provided by Centex in a separate agreement
and 3 units provided by the Owner — Westpac Investments, Inc. The Owner will
provide 3 deed - restricted, ownership units; and
C. , The parties have agreed that the Owner shall construct and sell homes in
conformance with the City's Affordable Housing Standards; and
D. The City and.,Owner desire to assure that the 3 affordable dwelling units
identified in this agreement (3592 Broad St., Unit 202, 3594 Broad St., Unit
202, 3596 Broad St., Unit 202) remain affordable to low or moderate income
households for a period of at least 45 years.
NOW, THEREFORE, the parties acknowledge and agree as follows:
1.01. "Moderate income households" means persons and families whose income does not
exceed 120 percent of the County of San Luis Obispo area median income, adjusted
for family size pursuant to the 2006 City of San Luis Obispo Affordable Housing
Standards.
,0"-1 t q 3�
JULIE RODEW
MEL
•
San Luis Obispo Co*, Clerk/Recorder
9/04/2007
Recorded ii the request of
8:00 AM
Cuesta Title Company
D O C #: 2007059703
Titles: 1
Pages: 7
CUESTA TITLE COMPANY
Fees
0.00
RECORDING REQUESTED BY:
City of San Luis Obispo
Others
PAID
0.00
$0.00
WHEN RECORDED MAIL TO:
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Community Development Department
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401 -3249
AFFORDABILITY AGREEMENT /DEED OF TRUST COVENANTS FOR TRACT 2534
THIS AGREEMENT is made and entered into this _31 st_ day of _July_, 2007, by and
between the City of San Luis Obispo (the "City ") and Broad Street Partners II, LP, a California
I imited partnership, managing general partner ( "Owner"), collectively referred to as "the parties."
r,
A. In 2004, the City Council adopted Resolution No. 9594, approving a
mixed -use condominium project with 82 dwellings and 31,280 square feet of
commercial floor area, located at 3592 Broad Street ( "the project "), and
B. Mixed -Use Project Condition #1 of that approval requires the applicant
(WestPac Investments, Inc.) to provide a minimum of six (6) affordable dwelling
units, including at least 3 units to be provided by Centex in a separate agreement
and 3 units provided by the Owner — Westpac Investments, Inc. The Owner will
provide 3 deed - restricted, ownership units; and
C. , The parties have agreed that the Owner shall construct and sell homes in
conformance with the City's Affordable Housing Standards; and
D. The City and.,Owner desire to assure that the 3 affordable dwelling units
identified in this agreement (3592 Broad St., Unit 202, 3594 Broad St., Unit
202, 3596 Broad St., Unit 202) remain affordable to low or moderate income
households for a period of at least 45 years.
NOW, THEREFORE, the parties acknowledge and agree as follows:
1.01. "Moderate income households" means persons and families whose income does not
exceed 120 percent of the County of San Luis Obispo area median income, adjusted
for family size pursuant to the 2006 City of San Luis Obispo Affordable Housing
Standards.
,0"-1 t q 3�
I f
1.02. "Low income households" means persons and families whose income does not exceed
80 percent of the County of San Luis Obispo area median income, adjusted for family
size pursuant to the 2007 City of San Luis Obispo Affordable Housing Standards.
1.03 Persons and families meeting the definition under Sections 1.01 and 1.02 shall be
referred to as "eligible households."
1.04 "The properties" shall mean those specific real properties described in this agreement,
intended to be sold to and occupied by eligible households.
2.01. The three (3) condominium units to be constructed on the properties shall be used for
owner- occupied housing purposes and shall be sold to eligible households. The
existing lottery list used for the Centex development shall provide three owner -
occupants. If in the event that 3 qualified applicants can not be found using the existing
lottery list, the City will work with the Owner and the Housing Authority to solicit other
interested partied through and open public advertising process. At initial sale, the sales
prices shall be determined at time of building occupancy release, in accordance with
City of San Luis Obispo affordable housing standards. For subsequent sales to
eligible households, sales prices shall be based on and consistent with the City's
affordable housing standards that are in effect during that year of sale.
2.02. The grant deed from Owner, or Owner's successors in interest and all future grant
deeds for transfers of interest in the properties shall contain a restriction providing that
for the period of time specified in this Agreement, there shall be no sale, lease, rental,
or other transfer of the properties except for the sale to and occupation by eligible low
or moderate income households. Any sale, lease, rental, or other transfer of the
property in violation of this covenant shall be void.
2.03. The Owner agrees to retain the Housing Authority of the City of San Luis Obispo, or
other qualified entity acceptable to the City, for screening of potential buyers to
determine if they qualify as eligible households.
2.04. These affordability requirements shall be covenants running with the land as defined in
California Civil Code Section 1460, and shall apply to the properties as shown on
Exhibit A. Pursuant to Civil Code Section 1468, which governs such covenants, the
provisions of this Agreement shall be binding upon all parties having any right, title, or
interest in any of the properties described herein, or any portion thereof and on their
heirs, successors in interest and assigns for a period of 45 years from the date of
occupancy of the property. The parties agree that all future deeds or transfers of
interest regarding the properties shall show the restrictions of this Agreement for as
long as the Agreement is in effect.
:I
2.05. When a designated affordable housing unit is first sold to an eligible buyer, the buyer
and City shall enter into an Affordable Housing Agreement (promissory note) which
shall be recorded as an encumbrance on the property, and secured by a recorded
deed of trust. Said agreement and deed of trust shall establish the monetary
difference between the initial purchase price and the initial appraised value as a loan
payable to the City. Said loan shall accrue interest, compounded annually, at an
annual rate equal to 4.5 points added to the 11th District Cost of Funds as currently
published by the Federal Home Loan Bank Board, amortized over 30 years, and the
monthly payments of principal and interest shall be waived by the City as long as the
owner previously approved by the City Housing Authority as an eligible household, or
subsequent buyers approved by the Housing Authority as eligible households, continue
to own and reside in the property subject to the City loan as his or her principal
residence.
2.06. If a designated affordable housing unit is sold, leased, or otherwise transferred to an
entity other than to an eligible household, in violation of this agreement, the City's loan
shall immediately become due and payable from the proceeds of sale of the property.
"Proceeds of .sale" shall mean the value of any and all consideration, however
denominated, received or to be received by the Seller from the sale of the property
after the payment of the first deed of trust.
2.07. Upon resale, the City and then the Housing Authority of the City of San Luis Obispo,
shall have the first right of refusal to purchase the property or properties at current
appraised value. The consideration for the City's right of first refusal shall consist of 1
percent of the remaining City loan balance. The balance of the City loan remaining
after deducting this 1 percent of the loan balance shall be credited toward the purchase
price if the City chooses to exercise the purchase option. The provisions of this section
shall not impair the rights of a first mortgage lender secured by a recorded deed of
trust. The purchase money lender shall have a higher priority than the City's loan. The
City's security shall be prioritized as a second mortgage. This first priority applies to
the purchase money lender's assignee or successor in interest, to:
(i) Foreclose on the subject property pursuant to the remedies permitted by law
and written in a recorded contract or deed of trust; or
(ii) Accept a deed of trust or assignment to the extent of the value of the unpaid
first mortgage to the current market value in lieu of foreclosure in the event of
default by a trustor; or
(iii) Sell the property to any person at a fair market value price subsequent to
exercising its rights under the deed of trust. Any value in excess of the unpaid
mortgage and costs of sale administration shall be used to satisfy the City loan.
In no case may a first mortgage lender, exercising foreclosure assignment
in -lieu of foreclosure or sale, obtain value or rights to value greater than the
value of the outstanding indebtedness on the first mortgage at the time of the
debt clearing action.
In addition, the following types of transfers shall remain subject to the requirements of
the City's loan and right of first refusal: transfer by gift, devise, or inheritance to the
owner's spouse; transfer to a surviving joint tenant; transfer to a spouse as part of
divorce or dissolution proceedings; or acquisition in conjunction with a marriage.
3.01. In the event the Owner has not completed the construction of the housing units and
received a final building inspection on all units within two years from the date of
conveyance of the Grant Deed, the property ownership and control of the properties
shall revert to the City. Extensions of this period of time may be granted at the
discretion of the City if the developer has demonstrated just cause and a "good faith"
effort to develop the property.
4.01. Required notices shall be sent by certified mail, return receipt requested, to the
following addresses:
If to the City: City of San Luis Obispo
Community Development Director
990 Palm Street
San Luis Obispo, CA 93401 -3249
If to the Owner: Broad. Street Partners II, LP, a California limited partnership
c/o Hamish Marshall
895 Aerovista Place, Suite 100
San Luis Obispo, Ca 93401
4.02. The Owner hereby specifically acknowledges and agrees to be bound by the
covenants respecting affordability on the Property contained herein.
IN WITNESS WHEREOF, this Agreement has been duly executed by the undersigned
as of the date set forth below.
Broad Street Pa ,
a California limited partnership,
Managing Partner, Hamish Marshall
g 267
Date
• •
CITY:
J andeVille, ommunity Development Director
APPROVED AS TO FORM AND LEGAL EFFECT:
Jo ell, City Attorney
f�
STATE OF CALIFORNIA
)SS
COUNTY OF SAN LUIS OBISPO )
On r1 U S 2/0 01 before me,
personally appeared K-a/y",:4
personally known to me
sefieactorTsvidunce) to be the person(o whose name(4)
is /ao subscribed to the within instrument and
acknowledged to me that he /sKe /th4y executed the same
in his /*/ 4ir authorized capacity(ig4 and that by
his 1i)4r 1thWir signature6) on the instrument the pe son(s�/,
or the entity upon behalf of which the person($) acted,
executed the instrument.
WITNESS my hand and official sea
Signature—'
U,2, -
EUZABEM WIi M
_ Com�
rton # 1 576894
Notary Public - California
San LUIS Obispo County
14p, Comm. Expires May 7, 20
(The above area for official notarial seal).
State of California }
County of San Luis Obispo }
On August 16, 2007, before me, Diane R. Stuart, Notary Public, personally appeared
John Mandeville, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his capacity,
and that by his signature on the instrument the person or the entity upon behalf of which
the person acted, executed the instrument.
Witness my hand and official seal.
Diane �RStuart,Notary Public
Capacity bysigner(s)by signer(s): Political Agency
9 DIANE R. STUW
Ci)ft 4158145$
NOTARY PUBM . MV em � mI
Affordability Agreement/Deed of Trust Covenants for Tract 2534
END Or DOCUMENT