HomeMy WebLinkAboutReso 88-08 Willows Afford Hous Agmt
RRESOLUTION NO. 88 - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AN AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT FOR
WILLOWS AT SAN RAMON VILLAGE PLAZA TO CONVERT 1 AFFORDABLE UNIT
(LOT 33) TO MARKET RATE IN EXCHANGE FOR PAYMENT OF IN-LIEU FEES
(P A 02-063 AND 06-034)
WHEREAS, Braddock and Logan has requested an amendment to the Affordable Housing
Agreement for Willows at San Ramon Village Plaza to convert 1 affordable unit to market rate in
exchange for payment of in-lieu fees; and
WHEREAS, the City and Braddock and Logan are parties to an Affordable Housing Agreement
for the Construction of lnclusionary Units, dated July 18, 2005 ("the Agreement"), wherein Braddock and
Logan agreed to construct 7 affordable units pursuant to the requirements of Chapter 8.68 of the Dublin
Municipal Code, the lnclusionary Zoning Regulations ("the Regulations"); and
WHEREAS, the Agreement specified the location of the required 7 affordable units and the
phases of the Project within which the affordable units must be completed; and
WHEREAS, by an amendment dated October 3, 2006 ("the First Amendment"), the parties
amended the Agreement to alter the location of 5 of the affordable units and consequently the phasing of
the construction of the units; and
WHEREAS, Braddock and Logan has now constructed all of the 7 affordable units it promised to
construct, and has sold 6 of the 7 affordable units;
WHEREAS, despite Braddock and Logan's diligent efforts they have been unable to sell the
remaining affordable unit; and
WHEREAS, under the lnclusionary Zoning Regulations, the minimum requirements would have
allowed Braddock and Logan to construct 4 of 7 affordable units and pay fees in lieu of constructing 3 of
the 7 affordable units to satisfy its obligations under the Regulations; and
WHEREAS, given Braddock and Logan's diligent efforts to sell the remaining affordable unit and
the fact that Braddock and Logan could have, in the first instance, paid in-lieu fees to satisfy the remaining
I-unit obligation, the City is willing to agree to an amendment to the Agreement that permits developer to
satisfy the remaining obligation by paying en in-lieu fee for the remaining unit (Lot 33); and
WHEREAS, the Project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA); and
WHEREAS, a Staff Report was submitted to the City Council for consideration of the request;
and
Reso No. 88-08, Adopted 6/3/08, Item 8.1
Page 1 of2
WHEREAS, the City Council did use its independent judgment and considered all said reports,
recommendations and testimony.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve an amendment to the Affordable Housing Agreement for the Willows at San Ramon
Village Plaza to convert 1 affordable unit (Lot 33) to market rate in exchange for payment of in-lieu fees
in the amount of $89,412, directs the City Manager to execute an amendment to the Affordable Housing
Agreement and directs the Community Development Director to amend the Development Plan for the
Planned Development Zoning District in accordance with the Dublin Municipal Code.
PASSED, APPROVED AND ADOPTED this 3rd day of June, 2008, by the following vote:
AYES:
Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES:
None
ABSENT:
None
ABSTAIN: None
,
A712 {. ~Prr
Deputy City Clerk
Reso No. 88-08, Adopted 6/3/08, Item 8.1
Page 2 of2
AMENDMENT NO.2 TO
AFFORDABLE HOUSING AGREEMENT
FOR THE CONSTRUCTION OF INCLUSIONARY UNITS
P A 02-063, Braddock & Logan, Group III, L.P., a California Limited Partnership
San Ramon Village Plaza
THIS SECOND AMENDMENT ("the Second Amendment") is entered into this 3rd
day of June, 2008 by and between the City of Dublin ("the City") and Braddock & Logan, Group
III, L.P., a California Limited Partnership ("the Developer"). The City and the Developer are
referred to collectively as the Parties.
RECITALS
1. The City and the Developer are parties to that certain Affordable Housing Agreement
for the Construction of lnclusionary Units, dated July 18, 2005 ("the Agreement"), wherein
developer agreed to construct 7 inclusionary units pursuant to the requirements of Chapter 8.68
of the Dublin Municipal Code, the lnclusionary Zoning Regulations ("the Regulations").
2. The Agreement specified the location of those 7 inclusionary units and the phases of
the Project within which the inclusionary units must be completed.
3. By an amendment dated October 3, 2006 ("the First Amendment"), the parties
amended the Agreement to alter the location of 5 of the inclusionary units and consequently the
phasing of the construction of the units.
4. Developer has now constructed all of the 7 inclusionary units it promised to construct,
and it has sold 6 of the 7 inclusionary units; but, despite its diligent efforts, Developer has been
unable to sell the remaining inclusionary unit.
5. The minimum requirements of the City's lnclusionary Zoning Ordinance would have
required the Developer to construct 4 of the 7 inclusionary units and pay fees in lieu of
constructing 3 of the 7 inclusionary units necessary to satisfy its obligations under the
Regulations.
6. Given Developer's diligent efforts to sell the one remaining inclusionary unit and the
fact that Developer could have, in the first instance, paid inclusionary fees to satisfy the
remaining one-unit obligation, the City is willing to agree to an amendment to the Agreement
that permits developer to satisfy the remaining obligation by paying a fee in lieu of construction
for the remaining 1 unit.
NOW, THEREFORE, Developer and City for themselves and their respective
successors and assigns hereby agree as follows:
A. Payment of Fees In Lieu of Construction to Satisfy Remaining Obligations.
Notwithstanding anything to the contrary in the Agreement or the First Amendment, the parties
I
Amendment No.2 Affordable Housing Agreement
P A 02-063, San Ramon Village Plaza
June 3, 2008
hereby agree that Developer's remaining inclusionary housing obligation under the Agreement
shall be deemed satisfied by its payment of a fee in lieu of construction in accordance with this
paragraph. Currently with its execution of this agreement, Developer has presented $89,412 to
the City, which amount is equal to the fee in lieu of construction of one inc1usionary unit under
Resolution No. 56-02.
B. Satisfaction. The City acknowledges that Developer has satisfied all of its
obligations under the Agreement, as amended, and that therefore pursuant to Section 6 of the
Agreement the Agreement is terminated and no longer effective. Upon written request by
Developer, the City Manager shall execute such documents as may be required by a title
company to remove from the record title to the Property the previously recorded memoranda of
agreement providing notice of the existence of the Agreement and the First Amendment.
C. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of
the date and year first above written.
CITY OF DUBLIN
Dated:
By:
City Manager
Attest:
City Clerk
BRADDOCK & LOGAN, Group III, L.P., a California
Limited Partnership
By: Braddock & Logan III, Inc., Its General Partner
Dated:
By: Joe Raphel
Its: President
1097208.2
2
Amendment No.2 Affordable Housing Agreement
P A 02-063, San Ramon Village Plaza
June 3, 2008
EXHIBIT A
Property Description
Portion of Lot 1 as shown on Tract Map 7437 for condominium purposes, recorded September
27,2005 in Book 285 of Maps, pages 56-61 in the Office of the Alameda County Recorder and
further known as Unit 33 of Lot 1.
Assessor Parcel Number 941-2829-007 (portion)
3
Amendment No.2 Affordable Housing Agreement
PA 02-063, San Ramon Village Plaza
June 3, 2008