HomeMy WebLinkAboutItem 8.1 Fairway Ranch Affordable Housing
CITY CLERK
File # D~~[a]-~QJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 15, 2007
SUBJECT:
ATTACHMENTS:
2)
3)
~COMMENDATION: ~ 1)
. 2)
c)/ 3)
4)
FINANCIAL STATEMENT:
PROJECT DESCRIPTION:
Background
Resolution approving the First Amendment to the Affordable
Housing Regulatory Agreement for Fairway Ranch Senior
Housing and authorizing the City Manager to execute the
Agreement, with the Agreement attached as Exhibit A.
Affordable Housing Regulatory Agreement for Fairway Ranch
Senior Housing.
Letter from Charter Properties dated April 23, 2007.
Receive Staff presentation;
Take testimony from the Applicant and the public;
Deliberate; and
Adopt Resolution approving the First Amendment to the
Affordable Housing Regulatory Agreement for Fairway Ranch
Senior Housing and authorizing the City Manager to execute the
Agreement.
None.
The Fairway Ranch project is located in Dublin Ranch Area B within the Eastern Dublin Specific Plan
(see Attachment 3). It is bounded by Central Parkway on the north, Dublin Boulevard on the south,
Keegan Street on the west, and Lockhart Street on the east.
Fairway Ranch is a 24.5 gross acre project approved in 2003 for development in three phases. The 3-
phase project has been renamed and is now known as The Groves at Dublin Ranch. Phase 1 includes 322
units of senior citizen apartments known as Cedar and Pine Grove. Phase 2 is a 304-unit complex of
family apartments (leased rental units) known as Oak Grove. Phase 3 is the proposed Sycamore Grove
COPY TO: ApplicantlProperty Owner
File
In House Distribution
ITEM NO.
8.1
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project, which would be comprised of 304 condominium (for sale) units. All three phases of Fairway
Ranch include a number of affordable units under the City's Inclusionary Zoning Regulations and an
Affordable Housing Agreement with the City that enables the Fairway Ranch project to provide the
required affordable units for other neighborhoods within the greater Dublin Ranch project area.
The Fairway Ranch project consists of 930 residential units of which 587 units would be affordable to
very-low, low, and moderate income households for a period of 55 years. The project exceeds the
requirements of the Inclusionary Zoning Ordinance, and is intended to satisfy the affordable housing
requirements for 2,655 units of Dublin Ranch, by providing 63% of the 930 units as affordable. The
following table provides a breakdown of the distribution of affordable and market rate units for the senior,
multi-family and condominium portions of the project.
AFFORDABLE AND MARKET-RATE UNIT DISTRIBUTION
Senior A artments
Multi-Family 61 (20%) 304
A artments
For-Sale 0(0%) 0(0%) 52(17%) 252 (83%) 304
Condominiums
Total Units 127 187 273 343 930
Percenta e 14% 20% 290/0 37% 100%
In exchange for providing affordable housing above and beyond what the Inclusionary Zoning Ordinance
requires, the City Council approved "affordable unit credits" for 332 of the affordable units pursuant to
Dublin Municipal Code Section 8.68.060. This number of "affordable unit credits" satisfies the
Inclusionary Zoning Ordinance requirements for the Fairway Ranch project and for 2,655 units developed
in the rest of Dublin Ranch.
The developer is also providing an additional 162 affordable units for which the developer did not request
"affordable unit credits." The City Council approved other benefits from the City in consideration of the
provision of an additional 162 affordable units. These benefits to the developer include:
a. Concentration of affordable units on the project site contrary to the Ordinance's provisions;
b. Reduced bedroom sizes for the affordable units;
c. Different affordable mix between very-low, low and moderate incomes than required by
the Ordinance;
d. A loan in the amount of $4.5 million (split between the multi-family and senior phases);
e. A waiver of possible commercial linkage fees for all future Dublin Ranch commercial
areas;
f. A reduction in required parking spaces; and
g. A reduction in minimum setback requirements.
These 162 additional units are not specifically designated in relation to senior, multi-family or for sale
units.
The senior project and multi-family project are constructed and partially occupied. Within the last few
months, City Staff has been meeting with James Tong of Charter Properties, the authorized representative
for Dublin Ranch Holdings, LLC, regarding The Groves' difficulties in renting the moderate units at the
senior housing project. One of the conditions of Charter's tax credit financing that was used to finance
the project is to have the project 90 percent rented by September 2007. Charter Properties believes that
over time it will be easier to rent the moderate units and has therefore requested a five-year delay in
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renting 65 of the moderate units. These 65 units are not allocated to affordable housing credits and can
be considered part of the 162 additional units referenced above.
The City Attorney and Staff have reviewed the various approvals of the project to determine what would
need to be amended to allow this five-year delay to occur. Based on Staffs research, only the Affordable
Housing Agreement for the Senior Project would need to be amended. Staff has prepared that
Amendment for the City Council's review (Attachment 1).
The Amendment provides that:
· The requirement to rent 65 of the units at the moderate income level is deferred for a period of five
years. During this five-year time period, the moderate income units could be rented at a market
rate or lower;
. At the conclusion of five years, as any market unit becomes available for rent, it will be rented at a
moderate rate until all 65 of the deferred units are rented at the moderate income level; and
. The 65 deferred units would have a longer period of affordability. While the other affordable units
are required to be affordable for 55 years, these 65 units would be affordable for a total of 60 years
once the five-year deferral period ended. This additional time would allow for time to turn over
65 of the market units. While it is not known how long it will take to turn over 65 market units,
Staff would like one cut-off time period for all the units so that each unit will not have to be
monitored separately.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation, 2) Take testimony from the
Applicant and the public; 3) Deliberate; and 4) Adopt Resolution approving the First Amendment to the
Affordable Housing Regulatory Agreement for Fairway Ranch Senior Housing and authorizing the City
Manager to execute the Agreement.
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RESOLUTION NO. - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********************
APPROVING THE FIRST AMENDMENT TO THE AFFORDABLE HOUSING REGULATORY
AGREEMENT FOR DUBLIN RANCH AREA B - FAIRWAY RANCH SENOR HOUSING
WHEREAS, on July 1, 2003, the City Council approved a Site Development Review for P A 03-
010, Fairway Ranch Affordable Housing Community, on approximately 24.5 gross acres (19.4 net acres)
of land located in Dublin Ranch Area B, within the Eastern Dublin Specific Plan, between Dublin
Boulevard and Central Parkway, East of Keegan Street (APN 985-0027-001) for the development of930
residential dwelling units on three parcels of land, of which 322 are senior rental units, 304 are multi-
family rental units, and 304 are for-sale condominiums; and
WHEREAS, of the 294 affordable senior rental units, 64 units are restricted to very-low income
households, 99 units are restricted to low income households, and 131 units are restricted to moderate
income households all for a period of 55 years; and
WHEREAS, an Affordable Housing Regulatory Agreement entitled "Affordable Housing
Regulatory Agreement by and among Chang Su-O Lin, Hong Lien Lin, Dublin Ranch Senior Apartments,
L.P. and the City of Dublin, Dublin Ranch Area B - Fairway Ranch Senior Housing" was approved on
December 1, 2003, that contains the legal basis for securing this affordable housing and this Agreement is
recorded on the property; and
WHEREAS, there are three types of affordable units in the project, 93 Project Affordable Units
which satisfy the City of Dublin Inclusionary Ordinance; 162 Excess Affordable Units for which the City
has offered certain incentives and waivers; and 332 Affordable Credit Units which are units that have
been provided that will result in the ability for the Developer to use these units towards the Inclusionary
Zoning Ordinance requirements for 2,655 units in specified areas ofthe City; and
WHEREAS, the City of Dublin has received a request from James Tong of Charter Properties, the
authorized representative for Dublin Ranch Holdings, LLC, to defer the rental of 65 of the moderate units
for five years; and
WHEREAS, these 65 deferred moderate units are classified as "additional units"; and
WHEREAS, the City Council reviewed Charter Property's request to defer the rental of the 65
moderate units for five years and is supportive of the request; and
WHEREAS, an Amendment to the Affordable Housing Agreement has been prepared and is
attached as Exhibit A to this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager to execute the First Amendment to the Affordable Housing Agreement
(Exhibit A) on behalf of the City.
PASSED, APPROVED AND ADOPTED this 15th day of May 2007 by the following vote:
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ATTACHMENT 1
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AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
2"6 LJ.5
Mayor
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NO FEE DOCUMENT
Recording requested by:
City of Dublin
When recorded mail to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
Space above this line for Recorder's use.
FIRST AMENDMENT TO AFFORDABLE HOUSING REGULATORY
AGREEMENT
by and among
Chang Su-O Lin, Hong Lien Lin,
Dublin Ranch Senior Apartments, L.P.
and
the City of Dublin
Dublin Ranch Area B - Fairway Ranch
Senior Housing
EXHIBIT A
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This First Amendment to Affordable Housing Regulatory Agreement (this
"First Amendment") is entered into effective as of May 15, 2007 ("Effective
Date") by and among Chang Su-O Un (an individual, also known as Jennifer Un)
and Hong Uen Un (an individual, also known as Frederic Un) (collectively
"Landowner"), Dublin Ranch Senior Apartments, L.P., a California limited
partnership (hereafter "Project Owner") and the City of Dublin, a municipal
corporation ("City"). City, Landowner and Project Owner are collectively
hereinafter referred to as the "Parties." Terms used herein without definition
shall have the meaning ascribed to such terms in the Agreement (defined below).
RECITALS
A. Landowner, Project Owner and City entered into that certain Affordable
Housing Regulatory Agreement (the "Agreement), dated as of December
1 , 2003, and recorded in the Official Records of Alameda County as
Instrument No. 2003728506 on December 16, 2003. Landowner is the
owner of the real property ("Property") located in the City of Dublin, County
of Alameda, described in Exhibit A hereto.
B. Among other provisions, the Agreement requires 131 units in the Project
(the "Moderate-Income Units") to be offered for rent at affordable levels
and occupied by households of Moderate-Income or less.
C. The Parties desire to amend the Agreement to permit Landowner and
Project Owner to defer for a period of five (5) years, the imposition of
affordability restrictions for 65 of the Moderate-Income Units (the
"Deferred Units") and to extend the time period during which affordability
restrictions will apply to such units for an additional five-year period so that
rent and occupancy requirements will apply to the Deferred Units for a
total of sixty (60) years.
NOW, THEREFORE, in consideration of the foregoing recitals (which are
hereby incorporated into this Agreement) and the covenants and mutual obligations
contained in this Agreement, the Parties hereby agree as follows.
Section 1. The following new Section 3.1.1 is hereby added to the
Agreement, to read as follows:
"3.1.1 Deferral of Occupancy and Rent Restrictions and
Extension of Term of Affordabilitv Restrictions for Certain
Moderate-Income Units. Notwithstanding anything to the
contrary set forth in this Agreement, until January 3, 2012,
Landowner and Project Owner may rent sixty-five (65) of
the Restricted Units (hereafter, the "Deferred Units"),
which pursuant to Section 3.1 and Exhibit B are required to
be rented to households of Moderate-Income, without rent
restrictions to tenants of any income. Beginning on January
4, 2012, as the Deferred Units become vacant, Landowner
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and Project Owner shall rent the Deferred Units and any
vacant unrestricted units in the Project to tenants who
qualify as Moderate-Income or less until all occupancy and
rent restrictions set forth in Exhibit B have been met for the
Project. Notwithstanding anything to the contrary set forth in
this Agreement, this Agreement shall remain in full force
and effect through January 3, 2072 with respect to the sixty-
five (65) Deferred Units. Nothing in this Section 3.1.1 shall
preclude Landowner and Project Owner from renting any
vacant Deferred Units or unrestricted units to tenants who
qualify as Moderate-Income prior to January 4,2012."
Section 2. This First Amendment may be signed in multiple counterparts,
each of which shall be an original and all of which taken together shall constitute
one document.
Except as expressly agreed above, the provisions of the Agreement shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment
to Affordable Housing Regulatory Agreement, effective as of the date first written
above.
LANDOWNER
Chang Su-O Lin
Hong Lien Lin
PROJECT OWNER
Dublin Ranch Senior Apartments, L.P.,
a California limited partnership
By: KL Acquisition Management, LLC,
A California limited liability company
Its: General Partner
963925-2
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By:
Hong Yao Lin, Member
CITY
CITY OF DUBLIN
By:
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Richard C. Ambrose, City Manager
Attest:
City Clerk
Approved as to form:
By:
City Attorney
SIGNATURES MUST BE NOTARIZED
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Exhibit A
PROPERTY DESCRIPTION
(Attach legal description of Senior parcel.)
All THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA DESCRIBED AS FOllOWS:
LOT 1 AS SAID LOT IS SHOWN ON THE MAP OF TRACT 7453, FILED FOR RECORD
ON NOVEMBER 24,2003, IN BOOK 273 OF MAPS AT PAGES 52 THROUGH 56,
INCLUSIVE, ALAMEDA COUNTY RECORDS.
963925-2
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State of California
County of Alameda
On ,20_, before me, , a Notary Public, personally
appeared , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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.
(seal)
Notary Public
963925-2
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NO FEE DOCUMENT
q11h t+6'
2003728506 12/16/2003 11:47 AM
OFFICIAL RECORDS OF R~~MEDR COUNTY
PATRICK O'CONNELL
. RECO~DrNG FEE: 0.00
'. . __ ',,' t 6, \ "L 0.,)"1..-
RECOROlNG HEOUESTEtl tW
FIRST AMERICAN Tm..E
Recording requested by:
City of Dublin
III UIIIIIIIIIIII 35 "GS
When recorded mail to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
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RECElVEO
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CITY Of U~.tt......cl\J:
spaco above this line tot Recorder'S use.
AFFORDABLE HOUSING REGULATORY AGREEMENT
by and among
Chang Su-O Un, Hong Lien Lin~
Dublin Ranch Senior Apartments, L.P.
and
the City of Dublin
\
Dublin' Ranch Area B - Fairway Ranch
Senior Housing
628841.12
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Attachment 2
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This Affordable HOLlsing Regulatory Agreement (this "Agreemenf') is
entered into effective as of December 1, 2003 ("Effective Date") by and among
Chang Su-O Un (an individual, also known as Jennifer Lin) and Hong Lien Un
(an individual, also known as Frederic Un) (collectively "Landowner"), Dublin
Ranch Senior Apartments, L.P., a California limited partnership (hereafter
"Project Owner") and the City of Dublin, a municipal corporation ("Clty")~ City,
Landowner and Project Owner are collectively hereinafter referred to as the
"Parties." .
RECITALS
A. Landowner is the owner of certain real property (the "Property")
located in the City of Dublin, County of Alameda, which property is designated as
Lot 1 on Tract M.ap No. 7453 and which is more particularly described in
Exhibit A attached hereto.
B. Landowner has leased the Property to Project Owner pursuant to a
ground lease dated as.ofDecember 1. 2003, a memorandum ofwhioh shall be
recorded in the official records of Alameda County concurrently herewith.
c. Project Owner proposes to develop on the Property a 322-unlt senior
rental housing project ("Project") of which no fewer than 292 units shall be rented at
prices affordable to certain income groups as specified herein (hereafter,
"Affordable Units" or "Restricted Units").
D. This Agreement has been executed and recorded pursuant to the
requirements of the City's Inolusionary zoning Ordinance (Dublin Municipal Code
Chapter 8.68) (Hlnclusionary Zoning Ordinance") and the City's Density Bonus
Ordinance (Dublin Municipal Code Chapter 8.52).
E. City has agreed to provide Project Owner with a loan in the amount
of $2.25 million (the "Loan") from the City Inclusionary Zoning In-Lieu Fee Fund to
support development of the project in order to increase the community's supply
of housing available to very low-, low- and moderate-income senior households.
The Loan is being provided in order to help maximize the number of Affordable Units
in the Project. Project Owner has executed or shall execute a promissory note
evidencing the Loan and a loan agreement setting forth certain conditions related to
the Loan. In addition, a deed of trust has been or shaH be recorded against certain
collateral property to secure repayment of the Loan.
F. As required by the Inclusionary Zoning Ordinance and in further
consideration for the Loan, Landowner and Project Owner have agreed to enter
into and record this Agreement. The purpose of this Agreement is to regulate and
restrict the occupancy, rents, operation, ownership and management of the
Affordable Units in the Project for the benefit of the Project occupants. The covenants
in this Agreement are intended to run with the fand and be binding on Landowner,
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Project OWner and their respective successors and assigns for the full term of this
Agreement.
NOW. THEREFORE, in consideration of the foregoing recitals (which are
hereby incorporat3d into this Agreement) and the covenants and mutual obligations
contained in this Agreement, and in reliance on the representations and warranties set
forth herein, the Parties hereby agree as fallows.
I. DEFINITIONS
1, DEFINED TERMS. The following terms have the meanings set
forth in this section wherever used in this Agreement or the attached eXhibits.
"Area Median Income" or "AMt" means the area median Income for
Alameda county. California. adjusted for household size, determined
periodically by the California Department of Housing and Community
Development (UHCD") .as published in Section 6932 of Title 25 of the
California Code of Regulations ("Regulations") or successor provision
published pursuant to California Health and Safety Code Section 50093(c).
If HeD ceases to make such determination, Area Median Income shall be the
median income applicable to Alameda County, with adjustments for household
site, as determined from time to time by the U.S. Department of Hqusing and
Urban Development ("HUO") pursuant to the United States Housing Act of 1937 as
amended, or such other method of median income calculation applicable to the City
of Dublin that HUD may hereafter adopt in connection with such Act.
"City" means the City of Dublin, a municipal corporation, along with any
assigns, transferees, or successors -in-interest thereto.
"Collateral Property" means the real property in which City shall be
provided a security interest in accordance with the Loan Agreement and pursuant
to the Deed of Trust described therein.
"Deed of Trust" or "Deeds of Trust" means any deed of trust placed on
the Collateral Property or City-approved substitute collateral for the benefit of City
as security for the Loan, and any amendments to, modifications of, and
restatements of such deed(s) of trust.
"Eligible Household" means a household whose income upon initial
occupancy does not exceed the maximum income level for a Restricted Unit as
specified in Exhibit 8 attached hereto and incorporated herein and who otherwise
is eligible to rent a Restricted Unit.
"Eligible Senior Household" means a household consisting of only the
following persons residing permanently in the project Unit: (I) at least one person
who is at least fifty-five (55) years of age, and (ii) persons who qualify as a.
"qualifying resident," a "qualified permanent resident" or a "permitted healthcare
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resident" as such terms are used in California Civil Code Section 51.3 or
successor provision.
"Loan Agreement" means the loan agreement executed by Project
Owner, the owners of the Collateral Property I and City with respect to the Loan,
and any amendment, modification, or restatement thereof. The Loan Agreement
shall be on file with the City Clerk.
"Loan Documents" means collectively this Agreement, the commitment
letter dated as of July 1, 2003, issued by City with respect to the Loan ("Loan
Commitmenf'), the Loan Agreement, the Deed of Trust, and the Note, as each
may be amended, modified,or restated from time to time.
"Low-income" means an annual gross income that is not greater than 60%)
of Area Median Income, as determined periodically by HCD on the basis of gross
annual household income, adjusted for actual household size and other factors
and published in the Regulations. If HCp should cease making such
determination, "Low-Income" shall be defined as not greater than 60% of Area
Median Income, adjusted for household size and other factors as determined by
HUD. If both HCD and HUD cease to make such determinations, City in its
reasonable discretion may designate another definition of "Low-Income" used by
any other federal or state agencyso long as such definition is no more restrictive
than that set forth herein.
"Moderate-Income" means an annual gross income that is less than or
equal to the greater of (i) the maximum income level for households of Moderate
Income, as determined periodically by HCD for Alameda County on the basis of
gross annual household income, adjusted for actual household size and other
factors and published in the Regulations, or (ii) 120% of Area Median Income,
adjusted for household size as published in the Regulations. If HCD should cease
making such determination, "Moderate Income" shall be defined as not greater
than 120% of Area Median Income, adjusted for household size and other factors
as determined by HUD. If both HCD and HUD cease to make such
determinations, City in its reasonable discretion may designate another definition
of "Moderate-Income" used by any other federal or state agency so long as such
definition is no more restrictive than that set forth herein.
"Note" means the promissory note evidencing the Loan executed by
Project Owner in favor of City, and any amendments, modifications, or
restatements thereof. The Note shall be on file with the City Clerk.
"Project Unit" means any housing unit developed on the Property as part
of the Project. .
"Property" means the real property described in the attached Exhibit A
and any buildings or improvements now or hereafter situated on such real
property.
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'.Qualifying Rent" means (i) for units that are restricted for rental to Very
Low-Income households, a monthly rent which does not exceed one-twelfth of
thirty percent (30%) of the maximum income level for households of Very Low-
Income, adjusted for household size, as published in the Regulations for
Alameda County, (ii) for units that are restricted for rental to Low-Income
households, a monthly rent which does not exceed one-twelfth of thirty percent
(30%) of sixty percent (60%) of AMi, adjusted for household size, as published il1
the Regulations, and (Hi) for units that are restricted for rental to Moderate~
Income households, a monthly rent which does not exceed one-twelfth of thirty
percent (30%) of the maximum income level for households of Moderate-Income,
adjusted for household size, as published in the Regulations for Alameda
county, provlded however, during any period during which rent and/or occupancy
limitations based on household income apply to the Restricted Units pursuant to a
regulatory agreement executeQ.4f:l.,.oonn.~lth e~h~r th_s tax-Etxempt financing
of the Project or the use of ederallow-income housing tax credlla-T-br the Project,
the rent and income limitation set forth in such regulatOry agreement shall prevail.
"Restricted Unit" means a Project Unit which is reserved for occupancy
at a Qualifying Rent by a Very Low-Income, Low-Income, or Moderate-Income
household in accordance with and as set forth in Section 3.1 and Exhibit B.
"Very Low-Income" means an annual gross income that is less than or
equal to the greater of <I) the maximum income [eve! for households of Very Low-
Income as determined periodically by HCD on the basis of gross annual household
income, adjusted for actual household size and other factors and published in the
Regulations for Alameda County, or (ii) 50Q/o of Area Median Income, adjusted far
household size as published in the Regulations. If HCD should cease making
such determination, "Very Low-Income'. shall be defined as not greater than 50%
of Area Median [ncome, adjusted for household size and other factors as
determined by HUD. If both HeD and HUD cease to make such determinations,
City in its reasonable discretion may designate another definition of "Very Low-
Income" used by any other federal or state agency so long as such definition is
no more restrictive than that set forth herein.
II. PROJECT OWNER'S OBLIGATIONS
2.1 Compliance with Loan Documents. Project Owner's actions with
respect to the Property, the Project and the use of Loan funds shall at all times
be in full conformity with the requirements of the Loan Documents.
2.2 Term of Aoreement. This Agreement shall commence upon the
Effective Date and shall remain in full force and effect through the fifty-fifth
anniversary of the issuance of the final certificate of occupancy for the Project. All
provisions of this Agreement shall remain effective and fully binding for this full term
regardless of any expiration of the term of the Loan, any payment or prepayment of
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the Loan, any assignment of the Note, any reconveyance of a Deed of Trust, or
any sale, assignment, transfer, or conveyance of the Property or Project, unless
terminated earlier by City in a recorded writing or extended by the mutual
consent of the Parties.
2.3 Bindino Upon Successors: Covenants to Run with the Land.
Subject to Section 5,1 , a II provisions of this Agreement shall be binding upon
and inure to the benefit of the heirs, administrators, executors, successors-in-
interest, transferees, and assigns of Landowner, Project Owner and City,
regardless of any assignment, payment, prepayment, expirajion, or extinguishment
of the Loan or Note, any reconveyance of any Deed of Trust, or any conveyance or
transfer of the Property, the Project or any part thereof or interest therein. Any
successor-In-interest to Landowner or Project Owner including without limitation
any purchaser, transferee or lessee of the Property or the Project (other than the
Project tenants) shall be subject to all of the duties and obligations imposed
hereby for the full term of this Agreement. Each and every contract, deed, ground
lease or other instrument affecting or conveying the Property or the Project shall
conclusively be held to have been executed, delivered and accepted subject to the
covenants, restrictions, duties and obligations set forth herein, regardless of
whether such covenants, restrictions, duties and obligations are set forth in such
contract, deed, ground lease or other instrument. If any such contract, deed,
ground lease or other instrument has been executed prior to the date hereof,
Project Owner and Landowner hereby covenant to obtain and deliver to City an
instrument in recordable form signed by the parties to such contract. deed,
ground lease or other instrument pursuant to which such parties acknowledge
and accept this Agreement and agree to be bound hereby.
The Parties intend that the covenants, conditions and restrictions set forth
in this Agreement shall be deemed covenants running with the land and shall
bind the Property and every person having an interest in the Property or part
thereof during the term of this Agreement. Landowner and Project Owner agree
for itself and themselves and for the successors of each that in the event that a
court of competent jurisdiction determines that the covenants herein do not run
with the land, such covenants shall be enforced as equitable servitudes against
the Property in favor of City.
The Parties hereby declare that it is their understanding and intent that the
burden of the covenants set forth herein touch and concern the land in that
Landowner and Project Owner's legal inter-est in the Property is rendered less
valuable thereby. The Parties further declare that it is their understanding that
the benefit of such covenants touch and concern the land by enhancing art:l
increasing the enjoyment and use of the Project by Low- , Very-Low- and
Moderate-Income tenants ofthe Restricted Units, and by furthering the public
purposes of the Inclusionary Zoning Ordinance. The covenants, conditions and
restrictions hereof shall apply uniformly to the Property in order to establish and
carry out a common plan for the 'use, development and improvement of the
Property.
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III. RESTRICTED UNIT OCCUPANCY AND RENTS
3.1 . Occuoancy of Restricted Units. For the full term .of this Agreement,
.occupancy of the Project shall belimitec.l t.oElIgible SeniorHousehalds, .and
occupancy of the Restricted Units shall be limited t.o EWgible HOLJseho1dsin
the number and in accordance with the income limItationS .$.9t farth in Exhibit
B. The Restriotecj Units shall initially be dispersed within the Project as specified in
the City-approved Site Deve~opment Revi ew for the Project. The income levels
and other qualifications .of appligants for Restricted Units shall be certified prior to
initiaJoccupan~y and recertified yearly by ProjeotOwneT in an annual
report in conformance With Section8.68,050Bof the Inclusionary Zoning
Ordinance.tn the event that r$certlfication of tenantincomesindicSltes that the
number of Restricted thilts actuaHyoccupied by5ligJbieHousehgld$ flails below
the number reserved for each respectivejncomegroupa$specifi~qin Exhibit
8, Project Owner shall rectify the condlti.on by renting the next available PrQject
Unit or Units to Eligible Household(s) from that income group until the required
income mix is achieved. Notwithstanding the foregoing. no tenant qualifying for
a Restricted Unit shall be dehied contlniJed occupancy of a unit in the Projeot
because, aft.er admission, such tenant's adjusted income increases to exceed
the qualifying limit for suoh tenant If a tenantwhe>st initial QOcupancy qualified
as Very Low, Low- or Moderate-Income, such tenant shall be treated as
continuing to be of Very-,Low, Low- or Moderate-Incomei asappli.c@!'>.le,solong
as the tenant's income does not exceed 140% of the applicable income limit.
Notwithstanding the foregoing. the disqualified tenant (Le., one who$e income
exceeds 140% of the ~pplicable income limit) shall be deern~d toquaUfy ~$ a
Very Low-, Low-, or Moderate-Income tenant, as applicable. provided that the
next available vacant unit of comparabliSl or smaller size as the unit with the
disqualified tenant is rented to a tenant who qualifies at the applicable income
level after which the. unit with the disqualified tenant will no longer qualify as a
Restricted Unit.
Restricted Units shall be of comparable design quallty as other Project
Units. but may have reduced interi"or amenities. project Owner shall give priority
for Restricted UnIts to Eligible Households in accordance with the selectian criteria
specified in Paragraph D of Section 8.68.050 of the City's Inclustonary Zoning
Ordinance attached hereto as Exhibit D to the extent permitted byappUCable
federal and state fair housing laws. Tenants of RestrictedUnits shall have access
to all common facilities of the Project eqwal to that often ants .of Project Units that
are nofRestricted Units.
3.2 Rents for Restricted Units. Rents for Restricted Units shall be
limited to Qualifying Rents.
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3.3 Condominium Conversion. Project Owner shall not convert Project
Units to condominium or cooperative ownership or sell condominium or
cooperative conversion rights to the F>roperty or project during the term of this
Agreement.
3.4 Nondiscrimination. Project Owner shall not discriminate or
segregate in the use, enjoyment, occupancy, conveyancer lease, sublease, or
rental of Project Units on the basis of race, color, ancestry, national origin,
religion, creed, sex. or marital status.
3.5 .$huttle Service. Project Owner shall provide a shuttle service for
residents of the Project for 30 years from the date of Issuance of the first Certificate
of Occupancy for the Project. The shuttle service shall be in accordance with the
plan for service approved by the City's Community Development Director and shall
outline the type and number of shuttles which wlll provide transportation for the
residents of the project, the shuttle schedule, route, and hours and days of
operation, and other necessary details as determined by the community
Development Department.
IV. PROPERTY MANAGEMENT
4.1 ManaQement Responsibilities. Project Owner shall be responsible
for all management functions with respect to the Property and the Project,
including without limitation the selection of tenants. certification and
recertiiication of household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security- City shall have no responsibility over
management of the Property 0 r the Project.
4.2 Manaoement Entitv. Subject to Section 4.11, City shall have
the right to review and approve the qualifications of any management entity
proposed by Project Owner for the Property ("Management Firm"). Any
contracting of management services py Project Owner shall not relieve
Project Owner of its primary responsibilities for proper performance of
management duties,
At least 90 calendar days prior to the issuance of the first building permit
forthe Project, Project Owner shall submit for City review and comment, a
proposed management contract ("Management Contract") together with such
information about the proposed Management Firm (including without limitation a
description of the Management Firm's experience, staff and qualifications) as City
may reasonably request. The Mana.gement Contract shall describe the services to
be provided by the Management Finn, including without limitation, marketing.
tenant qualification and certIfication, maintenance, and repairs.
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During the term of this Agreement, subject to Section 4.11, City shall have
the right to review and approve any proposed amendments to the Management
Contract, any new management contracts, and any new Management Firm
proposed for the Project.
4.3 MarketinQ and Manaoement Plan. Not later than 180 calendar
days after the Issuance of the first building permit for the Project, Project
Owner shall submit to City for review and (subject to Section 4.11) City approval,
a plan for marketing and managing the Property (the "Marketing and
Management Plan"). The Marketing and Management Plan shall address in detail
how Project Owner plans to market the availability of Restricted Units to
prospective Eligible Households in accordance with the selection criteria specified
in the City's lnclusionary Zoning Regulations, and how Project Owner plans to
certify the eligibility of Eligible Households. The Plan shall also address how the
Project Owner and the Management Firm plan to manage and maintain the
Property and the Project, and shall include appropriate financial information and
documentation. The Plan shall include a form rental agreement that Project
Owner proposes to enter into with Project tenants. Project Owner shall abide by
the terms of the Marketing and Management Plan in marketing, managing, and
maintaining the Property and the Project, and subject to Section 4,11,
throughout the term of this Agreement, shall submit proposed modifications to
CitY for its review and approval.
4.4 ADoroval of Amendments. If City has not responded to any
submission of the Management and Marketing Plan, the Management Contract,
the proposed Management Firm, or a proposed amendment or change to any of
the foregoing within 20 business days following City's receipt of such plan,
contract, amendment, or proposal the plan, contract, amendment or proposal
shall be deemed approved by City.
4.5 Maintenance and Security. Project Owner shall at its own expense
maintain the Property and the Project in good condition, in good repair, and in
decent, safe, sanitary, habitable and tenantable living conditions for the benefit of
Project Unit occupants. Project Owner shall not commit or permit any waste on or
to the Property, and shaH prevent and/or rectify any physical deterioration of the
Property and the Project. Project Owner shall provide adequate ongoing
security equipment and services for Project Unit occupants. Project Owner shall
maIntain the Property and the Project in conformance with all applicable state,
federal, and local laws, ordinances, codes, and regulations and the Management
and Marketing Plan, but Project Owner's maintenance obligations shall not be
limited to the standards specified in such laws or the Marketing and
Management Plan. .
4.6 Insoection and Records. Project Owner shall maintain records
which clearly document Project Owner's performance of its obligations to operate
the Project pursuant to the terms of this Agreement. Project Owner shall su bmit
any such records to City within ten business days of City's request. Project
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Owner shall permit representatives of City to enter and inspect the Property and
the Project during reasonable business hours for compliance with obligations under
this Agreement upon 24 hours advance notice of such visit to Project Owner or
Project Owner's management agent, as permitted under applicable law.
4.7 Annual Report and Certification. Project Owner shall submitan
annual report (UAnnual Report") to City in conformity with the requirements of
Section 8.68.050B of the Inclusionary Zoning Ordinance together with a
certification that the Project is in compliance with this Agreement, and that the
income information supplied in the Annual Report is based upon information
supplied by the tenants of the Restricted Units in certified statements. project
Owner shall mai ntaln such tenant certificates and shall supply copies thereof to
City upon request. The Annual Report shall include for each Restricted Unit the
rental rate and the income and household size of the ocoupants. The Annual
Report shall conform to the format requested by City: provided however, during
such time that the Project is subject to a regulatory agreement restricting
occupancy and/or rents pursuant to reqUIrements imposed in connection with the
use of federal low-income housing tax credits or tax-exempt financing. Project
Owner may satisfy the requirements of this section by providing City with a copy
of compliance reports required in connection with such financing.
4.8 Fees. Taxes. and Other Levies. Project Owner shall be responsible
for payment of all fees, assessments, taxes, charges, liens and levies imposed by
any public authority or utility company with respect to the Property or the Project,
and shall pay such charges prior to delinquency. However, project Owner shall
not be required to pay any such charge so long as (a) the legality thereof is
being contested in good faith and by appropriate proceedings. and (b) Project
Owner maintains reserves adequate to pay any contested liabilities. .
4.9 Insurance Coveraqe. Project Owner shall maintain in full force and
effect during the term of this Agreement insurance coverage as specified in
Exhibit 0; provided however, during such time that lenders or IO\Moincome
housing tax credit investors providing financing for the Project impose insurance
requirements that are inconsistent with the requirements set forth in Exhibit D,
Project Owner may satisfy the requirements of this Section by meeting the
requirements of such lenders or low-income housing tax credit investors.
Notwithstanding the foregoing, throughout the term hereof, Project Owner shall
comply with the provisions of Exhibit D pertaining to (i) provision to City of proof
of insurance for the Project, (ii) naming of City as an additional insured, and (Hi)
provision to City of notice of cancellation or reduction in coverage.
4.10 PropertY Damaoe or Destruction. If any part of the Project is
damaged or destroyed, Project Owner shall repair or restore the same,
consistent with the requirement to provide Restricted Units as specified in
Exhibit B. Such work shall be commenced within 120 days after the damage
or loss occurs and shall be completed within one year thereafter, provided that
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insurance proceeds are avatlable to be applied to such repairs or restoration
within such period.
4.11 Lender and Investor Approvals. During such time that lenders or
low-income housing tax credit investors providing financing for the Project
impose requirements that are inconsistent with the requirements of Sections 4.2 I
4.3.4.5, or 4,10, City's rights under su::h sections shall be suspended, and the
requirements of such lenders and investors shall prevail: provided however,
throughout the term hereof, the provisions of this Article IV requiring submission
of proposed marketing and management plans and contracts for City review
shall apply.
v. GENERAL PROVISIONS
5.1 Recordation: Limited Subordination. This Agreement shall be
recorded in the official records of Alameda County. Project Owner and Landowner
hereby represent, warrant and covenant that with the exception of the Declaration
of Covenants, Conditions and Restrictions executed by Landowner with respect to
the Property for the benefit of City C'CC&Rs") and the applicable Development
Agreements (as defined in the CC&Rs), absent the written consent of City, this
Agreement shall not be subordinated in priority to any lien (other than those
pertaining to taxes or assessments levied against the Property), encumbrance, or
other interest in the Property, including without limitation, any lease of all or part of
the Property pursuant to one or more ground leases. If at the time this Agreement
is recorded, any interest, lien, ground lease, or encumbrance has been recorded
against the Property in position superior to this Agreement, Landowner and
Project Owner hereby covenant and agree to promptly undertake all action
necessary to clear such matter from title or to subordinate such interest to this
Agreement, and to provide such evidence thereof as City may reasonably request.
Notwithstanding the foregoing, provided that the CC&Rs have been recorded in
accordance with the Loan Commitment, this Agreement (but not the ce&Rs) may
be subordinated to the interests and rights of senior lenders providing financing
for the Project in a manner customary for a Fannie Mae or Freddie Mac credit
enhanced tax~exempt bond transaction if and to the extent so required.
5.2 Transfer and Encumbrance of Property. Except as provided in this
Section, during the term of this Agreement, neither Landowner nor Project Owner
shall make or permit any sale, agreement to sell, assignment, conveyance, lease
(including any ground lease of all or a portion of the Property) (other than the
lease or rental of Project Units and the lease or rental of commercial space within
the Project), or transfer. of the Project, or any part thereof, including the sale of any
general or limited partnership interests, the removal of any general partner, or
subject to the provisions of Article IV, including without limitation, Section 4.11
thereof, any substantial change in operational or management control over the
project (collectively referred to as "Transfers"), without the prior written consent
of the City Manager. Any such unauthorized Transfer shall be void.
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The City shall not withhold its consent to the following assignments,
. transfers of interest, and encumbrances: (i) a transfer from Project Owner to an
entity which is under the direct control or under the common control of project
Owner ("Controlled Affiliate"); (ii) a transfer from Project Owner to a limited
partnership in which Project Owner or a Controlled Affiliate is the general partner
("Project Owner Limited Partnership"): (iii) transfer of the initial limited partner's
interest in Project Owner or in a Project Owner Limited Partnership to an investor
limited partner, (Iv) a transfer of the general partner's interest in Project Owner or
in a Project Owner Limited Partnership to a Controlled Affiliate; (v) a transfer from
a Project Owner Limited Partnership to Project Owner or a controlled Affiliate:
(vi) a transfer to the construction or permanent lender for the Project or to a third
party by foreclosure, deed in lieu of foreclosure or comparable conversion of any
lien on the Property or to any subsequent transfer by such lender or third party
following such foreclosure, deed in lieu of foreclosure or comparable conversion;
and (vi) a transfer by an investor limited partner to Project Owner upon
termination of the low-income housing tax credit compliance period; provided that
prior to any of the foregoing transfers, Project Owner shall deliver to City a copy
of the transferee's organizational documents and the final form of the assignment
and assumption agreement effectuating such transfer.
In addition, City shall not withhold its consent to the sale, transfer or other
disposition of the Project, in whole or in part, provided that (1) Project Owner is
not in default hereunder or under any of the Loan Documents; (2) the Project is
and shall continue to be operated in compliance with this Agreement; (3) the
transferee expressly assumes all obligations of Project Owner imposed by this
Agreement and the Loan Documents; (4) the transferee executes all documents
reasonably requested by the City with respect to the assumption of the Project
Owner's obligations under this Agreement, including without limitation an
instrument of assumption hereof, and delivers to the City an opinion of its
counsel to the effect that each such document and this Agreement are valid,
binding and enforceable obligations of suc h purchaser or assignee; (5) either (a)
the transferee has at least three years' experience in the ownership, operation
and management of senior mixed-income rentat housing prQJects of similar size
to that of the Project, without any record of material violations of discrimination
restrictions or other state or federal laws or regulations applicable to such
projects, or (b) the transferee agrees to retain a property management firm with
the experience and record described in subclause (a) above; and (6) in City's
reasonable determination, the transferee has the financial and managerial
capacity to comply with the terms of all agreements binding on the transferee
relating to the Project.
In the event a general partner of Project Owner or of a Project Owner
Limited Partnership is removed by the limited partner thereof for cause following
default under the partnership agreement, the City hereby approves the transfer of
the general partner interest to another party that is selected by the limited partner
and approved by the Project lender; provided that (i) following such transfer, the
Project shall continue to be operated in compliance with this Agreement, and (ii)
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such party meets the requirements of clauses (5) and (6) of the preceding
paragraph.
5.3 Default a nd Remedies. In the event of any breach or violation of
any representation, covenant, agreement, obligation, or warranty under this
Agreement, City shall give written notice of such event to the defaulting party.
Such notice shall specify the nature of the act, omission, or deficiency giving rise
to the default. In addltion, if the default is curable and does not give rise to an
imminent danger to health or safety, ~he notice shall also specify the action
required to cure the default, and a reasonable date, which shall not be less than
15 calendar days from the mailing of the notice, by which the defaulting party
must take or t;ommence such action to cure. If the notioe specifies only a
commencement date for the cure, Landowner or Project Owner, as applicable,
shall commence such cure within the specified time and shall diligently pursue
the cure to completion within a reasonable time thereafter.
If the defaulting party fails to cure or commence to cure the breach or
violation within the time frame specified in the notice, or if a cure is not possible,
City may proceed with any of the following remedies:
A. Bring an action for equitable relief seeking the specific performance
of the terms and oonditions of this Agreement, and/or enjoining.
abating, or preve nting any violation of suoh terms and conditions,
and/or seeking declaratory relief;
B. For violations of obligations with respect to occupancy restrictions
for Restricted Units, maintenance, and Project Unit vacancies,
impose as liquidated damages a charge in an amount of $25 per day
for eaoh Project Unit that is not operated in compliance with this
Agreement;
C. For violations of obligations with respect to rents for Restricted
Units, impose as liquidated damages a oharge in an amount equal
to the actual amount collected from any Eligible Household in
exc~ss of the Qualifying Rent;
D. Pursuant to the Loan Agreement, accelerate and declare the
balance of the Note and interest accrued thereon immediately due
or foreclose on the Collateral Property pursuant to the Deed of
Trust: or
E. Pursue any other remedy allowed at law or in equity.
The Parties agree that the sums and formulas designated herein as liquidated
damages represent a reasonable approximation of the damages City is likely to
suffer from violations of the respective terms. Project Owner agrees to pay In full
any accrued liquidated damages to City within ten business days of a written
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demand by City for such payment. Notwithstanding the foregoing, City shall
suspend its right to pursue the remedies provided under paragraphs 8 and C
above in a manner customary for a Fannie Mae or Freddie Mac credit-enhanced
tax-exempt bond transaction if and to the extent so required.
5.4 . MortoaQee Protection. No violation of any provision contained
herein shall defeat or render invalid the lien of any mortgage or deed of trust
made in good faith and for value upon all or any portion of the Project or the
Property, and the purchaser atany trustee's sale or foreclosure sale shall not be
liable for any violation of any provision hereof occurring prior to the acquisition of
title by such purchaser. Such purchaser shall be bound by and subject to this
Agreement from and after such trustee's sale or foreclosure sale. Promptly upon
determining that a violation of this Agreement has occurred, City shall give
written notice to the holders of record of any mortgages or deeds of trust
encumbering the Project or the Property that such violation has occurred.
5.5 Third Party Beneficiaries. The tenants of Project Units are
intended to be third party beneficiaries of this Agreement, and shall have such
rights and remedies to enforce any of Project Owner's obligations under this
Agreement as may be available to third party beneficiaries under the law.
5.6 Non-Liabilitv of City Officials, Emplovees and Aoents. No officIal,
officer, director, employee, or agent of the City shall be personally liable for any
obligation created under the terms of this Agreement, except in the case of actual
fraud or willful misconduct by such person.
5.7 Indemnit~ Notwithstanding the insurance coverage required herein,
Project Owner and Landowner shall indemnify and hold the City and its officials,
officers, directors, employees. and agents (collectively, the "Indemnified
Parties") harmless from any losses, damages, liabilities, claims, demands,
judgments, actions, court costs, and legal or other expenses (including reasonable
attorneys' fees) which an Indemnified Party may incur as a result of (1) Project
Owner's or Landowner's failure to perform any obligation as and when required by
this Agreement; (2) any failure of Project Owner's or Landowner's representations
or warranties to be true and complete; or (3) any act or omission by Project
Owner, Landowner, or any contractor, subcontractor, management agent, or
supplier with respect to the Project or the Property, except to the extent that such
losses are caused solely by the gross negligence or willful misconduct of City.
Project Owner or Landowner shall pay immediately upon an Indemnified Party's
demand any amounts owing under this indemnity, The duty of the Project Owner
and Landownerto indemnify includes the duty to defend the Indemnified Party in
any court action, administrative action. or other proceeding brought by any third
party arising from the Project or the Property with counsel selected by City.
Project Owner's and Landowner's duty to indemnify the Indemnified Parties shall
survive the expiration or earlier termination of this Agreement.
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5.8 Governing Law. This Agreement shall in all respects be construed
and enforced in accordance with laws of the State of California without regard to
prJnciples of conflicts of laws. The Parties agree that, subject to the City's sole
and absolute election, all suits, actions or other proceedings, arising out of or
related to this Agreement or the other Loan Documents shall be subject to
litigation in courts having situs within California. Project Owner and Landowner
hereby consent and submit to the jurisdiction of any local, state or federal coLrt
located within California.
5.9 Attornevs' Fees and Costs. In the event that a legal or
administrative action is brought to interpret or enforce the terms of this Agreement,
the prevailing party shall be entitled to recover all reasonable attorneys' fees and
costs incurred in such action.
5.10 Time. Time is of the essence in the performance of this Agreement.
5.11 Consents a nd Approvals. Any consent or approval required under
this Agreement shall not be unreasonably withheld, delayed, or conditioned.
5.12 Notices. Except as otherwise specified in this Agreement, all
notices to be sent pursuant to this Agreement shall be made in writing, and sent
to the Parties at their respective addresses specified below or to such other
address as a Party may designate by written notice delivered to the other Party in
accordance with this Sectfon. AI! such notices shall be sent by:
(a) pers~nal delivery, in which case notice shall be deemed
delivered upon receipt;
(b) certified or registered mail, return receipt requested, in which
case notice shall be deemed delivered two (2) business days after deposit,
postage prepaid in the United States mail;
(c) nationally recognized overnight courier, in which case notice
shall be deemed delivered one (1) day after deposit with such courier; or
(d) facsimile transmission, in which case notice shall be deemed
delivered on transmittal, provided that a transmission report is generated
reflecting the accurate transmission thereof.
City: City of Dublin
Dublin, CA
100 Civic Center Drive
Dublln, CA 94568
Attention: Community Development Director
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Project Owner:
Dublin Ranch Senior Apartments, L.P.
c/o Charter Properties
4690 Chabot Drive, Suite 100
Pleasanton. CA 94588
Attention: 'James Tong
Landowner:
Chang Su-O Un and Hong Lien Un
c/o Charter Properties
4690 Chabot Drive, SuIte 100
Pleasanton, CA 94588
Attention: James Tong
5.13 Relationshil;? of Parties. The relationship of Project Owner l
Land~wner and City shall not be construed as a joint venture, equity venture, or
partnership. City neither undertakes nor assumes any responsibility or duty to
Project Owner, Landowner, or any third party with respect to the Property, the
construction or operation of the Project, or the actions of Project Owner or
Landowner, or otherwise. Neither Landowner nor Project Owner shall have
authority to act as an agent of City or to bind City to any obligation.
5.14 Waiver. Any waiver by City of any term or provision of thiS
Agreement must be in writing. No waiver will be implied from any delay or
failure by City to take action on any breach or default hereunder or to pursue any
remedy allowed under this Agreement or applicable law. Any extension of time
City grants with respect to the performance of any obligat.ion required pursuant
to this Agreement shall not operate as a waiver of or r'elease from any term or
provision of this Agreement or obligation of Landowner or Project Owner
hereunder. City's consent to any act or omission by Landowner or Project Owner
shall not be construed to be a consent to any other or subsequent act or omission
or to waive the requirement for City's written consent to future waivers.
5.15 Other Agreements. Project Owner and Landowner represent that
neither has entered into any agreement that would restrict or compromise such
party's ability to comply with the terms of this Agreement. Neither projact Owner
nor Landowner shall enter into any agreement that is inconsistent with the terms
of this Agreement without the express written consent of City, Notwithstanding
the foregoing or anything to the contrary contained herein, if the terms of any
financing for the Project require greater affordabHity restrictions than those
imposed hereby, the requirements of such other financing shall prevail for the
term of such financing.
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5.16 ,A,.mendments and Modification~ Any amendments or
modifications to this Agreement must be in writing, and shall be effective only if
executed by the Parties.
5.-17 Severability; Caotions: Further Assurances., If any provision of
this Agreement is held invalid, illegal, or unenforceable by a court of
competent jurisdiction, the validity, legality, and enforceability of the remaining
provisions shall not be affected or impaired thereby, The captions of the sections
and articles of this Agreement are for convenience only and are not intended to
affect the interpretation or construction of the provisions herein contained. The
Parties agree to execute, acknowledge and deliver such other documents and
instruments, and take such other actions as any Party may reasonably request
as may be necessary to carry out the intent of this Agreement.
5.18 Exhibits. The following Exhibits are attached to this Agreement and
are hereby incorporated into this Agreement by reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Property Description
Occupancy Restrictions
Inclusionary Zoning Ordinance
Insurance Requirements
5.19 Counterparts. This Agreement may be signed in multiple
counterparts, each of which shall be an original and all of which taken together
shall constitute one document.
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IN WITNESS. WHEREOF, the Parties have executed this Affordable
Housing Regulatory Agreement, effective as of the date first written above.
LANDOWNER
~
'-I'
PROJECT OWNER
DUblin Ranch Senior Apartments, L.P.,
a California limited partnership
By: KL Acquisition Management, LLC,
A California limit liability company
Its;
CITY
CITY OF DUBLIN
By:
Richard C. Ambrose, City Manager
Attest:
City Clerk
Approved as to form:
By:
City Attorney
SIGNATURES MUST BE NOTARIZED.
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IN WITNESS WHEREOF I the Parties have executed this Affordable
Housing Regulatory Agreement, effective as of the date first written above.
LANDOWNER
Chang Su..o Un
Hong Lien Un
PROJECT OWNER
Dublin Ranch Senior Apartments, L.P.,
a California limited partnership
By: KL Acquisition Management, LLC,
A California Iimi d liability compa
Its:
crTY
::~~~
ichard C. Ambros, ity Manager
Approved as to form:
By:
, S,lv.4.(,
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ACKNOWLEDGMENT
TAIWAN )
CITYOF TAIPEI )
SS.
AMERICAN INSTITUTE IN )
TAIWAN, TAIPEI OFFICE
Mar{etta L. Davison
ON _ _ f"\ ~ f'\ 9nn~ 2003, BEFORE ME Special Notary (PL96-S) ,
~ Lien, Hong-Lien aRd Lill, Hong-Lien as Attorney-in-Fact
PERSONALLY APPEARED of Chang Su-O Lin- PEI1S0fi,h^.LLV
KtJO\N~J TG---ME (On PROVED TO ME ON THE BASIS OF SATiSFACTORY
EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN
HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE
INSTRUMENT THE PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON
:::::::CQli;;:;:;;ENT l ~
--""-
NAME (PRINTED),
M"rf~ttn 1" n~,~~1?'''l'!i
,-1""":,,,1 "'.f,; ,.. (PL9l.:-i"
i:'\,.'.',.\.... J.'.,,)o,.,_lY v. ,)"
SPECIAL NOTARY ( DulY AvvoiIltcd and Ciml.l.ified
.My wmmisalon e.x.pires August 28, 2004
MY COMM1SSION EXPIRES:
. ,-
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2-C1 '1J LfG
ILLEGIBLE NOTARY SEAL. DECLARATION
(Go-vernment Code 27361.7)
I declare under penalty of perjury that the notary seal on the document
to which this statement is attaehed, reads as follows:
N~ OFNOTARY PUBLIC: fYlti ( i.e +tv. L Day; S 0 V)
'PL, '1 (0- <9
COMMISSION NUMBER:
NOTARY PUBLIC STATE: ~: (Alo..,V\
COUNTY: ~q~\\
MYCOMM.EXPIRES: ([-2-8 -ot
(DATE)
'I1IE ABOVE INFORMATION MUST BE LEGIBLE FOR sCANNING
CALIFORNI~ ALL-PURPOSE ACKNOWLEDGMENT
3D tJA ~~
v'
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
)
) S8.
)
On December 812003 before mel Paul Toland, Notary Public
Oa\" Name and TnIa 01 Olfiaer (e.g, 'Jane Dw. NQtllry Pubti!l')
personally appeared f/ffflltl Y~D t.:vn
V
o personally known to me - OR - iii proved to me on the basis of satisfactory evidence to be the
person~ whose name(6) is/ere-subscribed to the within
instrument and acknowledged to me that het8J~9/tbay
executed the same in his!fler/tlleir authorized capacityttee1,
and that by his,4,er/their signatur~ on the instrument-trre--
parseR{e), 'ef the entity upon behalf of which the pers~)
acted t executed the instrument.
Name or SIQIlllr(I)
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WITNESS my hand and official seal.
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Signature of Notary PUblic
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form,
CAPACITY(fES) CLAIMED BY SlGNER{S)
CJ Individual
CJ Corporate Officer
fill OiSC,IPTION OF ATTACltD DOCUMENT
0uLalJ1t !IotMA-1?1! ~
~remlt4tv .. V
Title or Type of Document
T1tle(s)
o Partner(s) 0 limited
o General
o Attorney-in-Fact Number of Pages
o Trustee(s)
o Guardian/Conservator
o Other:
Date of Document
Signer is Representing:
Name of Person(s) or Entity(ies)
5igner(s) Other Than Named Above ~-
nOCSSFl ;552359,1
.
.
31~~
ILLEGIBLE NOTARY SEAL DECLARATION
(Government Code 27361.7)
I declare under penalty of perjury that the notary seal on the docum'ent
to which this statement is attached, reads as fonows:
, ....,..." ..
NAME OF NOTARY PUBLIC:
,.".1
COMMISSION NUMBER:
NOTARY PUBLIC STATE:
COUNTY:
MY COMM. EXPIRES:
PRINT NAME OF DECLARANT:
It' 0 ::2.e.Yl5b ~
vY\.t. / .. l f./
CITY & STATE OF EXECUTION: f!t..A.J~ 12-411 CA-
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SIGNATURE OF DECLARAN :
DATE SIGNED:
THE ABOVE INFORMATION MUST:BE LEGIBLE FOR SCANNING
3Zt LtG .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State. of California
County of 1I L- A f1 E../JA
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_'I Commission 'It 12BXl69 z
:l NoIay PUblIc - CaBfonia j;
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ILHfI ~ r;.nlH a:4i/6.;foscr' ~rf~UbIlO") ._.
N'""II(..) 01 SlQner(5)
M personally known to me
~ proved to me on the basis of satisfaotory
evidence
on~1-08
personally appeared
to be the person~ whose name~ is/~
subscribed to the within instrument and
acknowledged to me that he~'y executed
the same In his~ir authorized
capacity(tK}. and that by hisMfj.tt1e1r
signature~n the instrument the person.(os') , or
the entity upon behalf of which the persop(.sf
acted, executed the instrument.
Place N(>\,lfY s..,,1 /lobUoIe
Signer(s) Other Than Named Above:~I!r...~ LI JJ. .
7/OiIc;.YAO 1-1 N I
Capaclty(ies) Claimed by Signer
Signer's Name: __. ...
o Individual
I ' Corporate Officer - litle(s): __ .
o Partner -1.1 Limited 0 General
o Attorney in Fact
U Trustee
lJ Guardi.m or Conservator
-; Other:
HIJNfT LlEN..... LI Ai .
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RlmnTlllJMBPRlN I
OF SIGNER
Top 01 thuml) hM'!
Signer Is Representing;
Prud. NQ, 5\lO7
Reorder' 09I11\lf1'Hn 1-800.s7l'o-6S27
o legS N.liomIf NoIary ~lIlnan'!l8!;l1 D. So<<> ,...., P.O. eo. ~402. CI\slewMh, CA 9131:1-2<102 . _MlIOnaInalllI'Y.or9
.'
"
Exhibit A
PROPERTY DESCRIPTION
(Attach legal description of Senior parcel.)
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNiY OF
ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
LOT 1 AS SAID LOT IS SHOWN ON THE MAP OF TRACT 7453, FILED FOR
RECORD ON NOVEMBER 24,2003, IN BOOK 273 OF MAPS AT PAGES 52.
THROUGH 56, INCLUSIVE, ALAMEDA COUNTY RECORDS.
~Vb~
..,
Exhibit B
OCCUPANCY AND RENT RESTRICTIONS
(SENIOR HOUSING COMPONENT)
Restricted Unit Number of Maximum Initial
Type Required Income Limit
Restricted Units
1-Bedroom 64 VLI 50% of AMI
37 LI 60% of AMI
55 MOD 120% of AMI
2-Bedroom - 50% of AMI
60 LI 60% of AMI
76 MOD 120% of AMI
3-Bedroom . 60'% of AMI
. 120% of AMI
Total Restricted 292
Units
Total 30
Unrestricted
Units
Total Project Units 322
AMI= Area Median Income
VLI = Very Low-Income
LI = Low Income
MOD = Moderate-Income
Maximum Init/allncome Limit:::; Maximum income for a household to qualify for
initial occupancy in the specified Restricted Unit.
3~~~
..
....."
3 tSAb ~
Exhibit C
INCLUSIONARY ZONING ORDINANCE
(Attach Dublin Municipal Code, Chapter 8.68)
.
11.
314lJ}.. Lf ~
INCLUSIONARY ZONING REGULATIONS -U.
, . Chapter B.68
-
CIlAPTER 8.68
INCLUSIONARY ZO~'1NG REG1JLATIONS
8.68.010. Purpose. The purpose ohhis chapter is to:
A-. enhance the public welfare and ~sure that further housing development contributes to the. attainment
of the City's housing goals by increasing the production of residential units affordable by households
ofvery-low-, low-, and moderate income.
B. assure that the limited remaining developable land in the City's planning area is utilized in a manner
consistent with the City's housing policies and needs.
8.68.020. Definitions. As used in this chapter. each of the following terms shaH be defined as follows;
A. .'Affordable Unif'means an ownership or rental-housing unit, including senior housing} affordable to
h01.lseholds 'With very-low-, low-, or :moderate incomes as defined in tbis chapter.
1. Rental units ate deemed affordable unit.. if the anouall'ent does not exceed 30% of maximum
income level forvery-low-, low-, and moderate-income households" adjusted for household
size and as defined below. . . .
2.
Owner-occupied units are deemed affordable units if the sales price results in, annual housing
expenses that do not exceed 35% of maximum income level for very~low~, lciw-, and
moderate.-income households; .adjusted for household size and as dermed below.
.'-
.,
8. "Applicant" means any person, fum, partnership, association, joint venture, corporation; or any
entity or combination of entities that seeks city real property development ~rmits or apprDva1s.
C. "Dwelling unit" means a dweIling designed and intended for occupanc~ by one household.
D. "Very-low-) low-, and moderate-income leyels" means those income and eligibility l.evels
detennin.ed periodically by the California Department of Housing and Community Development
based on Alameda County median income levels adjusted for family size. Such levels shall be
calculated on the basis of gross annual household income considering household size and number of
dependen.ts, income of all wage earners, elderly or disabled family members, and all other SOUIces of
household income and will be recertified as set forth by local standards,' and state and federal housing
law.
1. "V ery~low income" means 50% or less of the median income, adjusted for actual household
size.
, 2. "Low income" means more than 50% to 80% of the median income, adjusted for actual.
household size.
3. "Moderate income" means more than &0% to 120% of the median inoome, adjusted for actual
household size.
City of Du~lIn Zoning OrciinaTlce
68-1
September, 1957
Revised~January 2003 I
EXHIBIT C
it.
,.' . 31rI{)cfG'
INCLUSIONARY ZONING REGULA. TIONS
Chapter 8.S8
- .
nouseholds, as applicable, for a period'of Dot less than 55 years. With respect to rental units,such
rent restrictions shall be in the form of a regulatorY agIeement recorded aga.inst the a.pplicable
property. With respect to owner~occupied units, such resale controls shall be in the form. of resale
restrictions, deeds of trust, and/or other similar documents recorded against the applicable propert)'.
F, "Residential develcrpment" includes, without limitation, detached sh,1g1e.familY dwellings, multiple-
d.welling structures, groups of dwellings, condon.nmum or townhouse developments, condominium
conversions, coopemtive developments, mixed use developments that include housing units, and
residential land subdivisions intended to be sold to the general public.
. . .
,....... ':......,
-
S..68.030. General Requirements
12.5% AffordabUity Requirement- All new residential development projects of 20 units or more.
designed and intended for permanent occupancy shall construct 12.5% of the total number of
dwelling lJDits within the development as affordable units, except as otherwise provided by this
chapter. The foregoing requirement shall be applied no more than once to a3:'l, appro-ved development
(and generally at the tentative map stage), regardless of :the changes in the character or o~ership of
the development, provided th.e total number of units does not change. In applying an~ calculating the
affordability requirement. any decimal fraction less than or equal to O.50.may be disregarded, and any
decimal fraction greater than 0.50 shall be constrUed as one unit. .
Allocation of Units to IncODle Levels. Affordable units provided pursuant to this section shan be
allocated to households with very-low, low-, and moderate..income levels as folloyvs:
"
,A.
~
B.
V e::ry~low-income households
Low-income households .
30%
20%
Moderate-income households
50%
'Wbere the calculation of the allocation results ill fewer u:nitS that would otherwise be required
. pW'Suant to subdivision A above, one additional unit should be allocated to the income level with a
decimal fra.ctiQo closest to 0.50.
C. Conditions of Approval: An.y tentative map, conditional use permit, or site development review
approving residential development projects subject to this chapter shall contain conditions sufficient
to ensure cOI:o:pliance 'With the provisions oftbis chapter. Such conditions shall detail the number of
afforda.ble units required. specify the schedule of construction of affordable units, set forth the
applicant's manner of compliance with this cha.pter, and require 'the execution of-an agreement
imposing appropriate resale controls and/or rental restrictions on the affordable units.
. .
D. Concurrent Construction. All affordable unitsm a project or phase of a project sh.all be construct::d
concurrently with market-rate units. unless the City Manager determines in writing that extenuating
circumstances exist that make concurrent conStruction infeasible or impracticaL
E. Design and Distribution of Affordable Units. All affordable units shan reflect the range of
numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior
design. construction~ or materials. Affordable units may be of smaller size than the unitS in the project
City of JJublln Zoning OrdInance
68-2
,
SE.lptember, 1997"
. Rev;sed;;January ZOOS
..si~
'V' .
. ?/6V(; ~
INCLUSIONARY ZONING REGULATIONS ..
Chapter 8,&8
and may have fewer amenities than. the market ra.te units in the project. All affordable units shall be
reasonably dispersed throughout the project.
8.68.040. E~c:eptions to 12.5% Affordability Requirement. Developers of projects subject to 8.68.030.A
shall construct 12.5% of the total number of dwelling units within the development as affordable
rmits, unless subject to an eJCception set forth in this section. J>Jl exceptions require City Council
approval, which shall be obtained at or prior to the liSt discretionary a.pproval for the proJect..
A. Payment of Fees In-Lieu (}r Creation of Affordable Units. Upon request of the applicant, the City
Council shall pennit the applicant to pay a fee in lieu of constrUcting up to 40 percent of the
affordable units that the developer wou1d otherwise be required to constnlct purSUaJlt to section
8.68.030.A. The amount of the fee shall be as set forth in a resolution of the City Council, wbich
may be amended from time to time to reflect in:flation and changed conditions in the City and the
region. In-1ieuiees shall be paid a.t and the time and in the aroount set forth in the i1~.-lieu fee
resolution in effect at the tim.e of issuance of the building permit
B. Off-Site Projects. AJ1 applicant may construct the affordable units not physically within the
development in lieu of constructing some or all of the affordable units within the developm.ent, with
the approval of the City Council, if the City Council finds:
1. . that cop.strUction of the units off~site in lieu of constructing units on--site is consistent with the
chapter's goal of creating, preserving, maintaining, and protecting housing fol" very low., low.
and moderate-income households.
"
2.. that the units to be co'OS'l::r1lcted off site are consistent 'With section 8.68.030.E aboye
. .
3. that it would be infeasible or imp'~ctical to constnlct affordable units on-site.
~. .
4. that conditions of approval for the project require that the off~site affordable units would be
gOVePled by the terms of a deed restriction and, if applicable, rental reStrictions similar to that
used for the on-site affordable units. . .
s. that the conditions of approval for the project, .or other security S'llch as a cash deposit~ bond,
or letter of credit, are adequate to requrre the constrUction of the off-site affordable units
concurrently with the completion oftbe constrUction of the residential deve1opm~ or withill
a reasonable period (notto exceed 5 years). .
C. Land Dedication. An applicant may dedica.te land to the City or city-designated local non~profit
housing developer in lieu of constrUction of some or all of the required affordable units. if the c01IOciI
fmds tha.t:
1. that dedication of land in-lieu of construCting units is. consistent with the chapter's goal'of
creating, preserving, maintaining, and protecting housing for very-low, low. and moderate-
income households.
2. that the dedicated land is large enough and appropriately zoned to accommodate the number
of units tb.at the applicant would oihe1Wise be required to construct by section 8.68.030.A, is
useable for its intended purpose, is free 'of toxic substances and contaminated soils, and is
City of Dublin ZonIng Orc:lJnan~e .
68-3
p-,";
. September, 1997
Revlsed:Januaty 2.003
-
" . . 3cto/)~
INCL.USIONARY ZONING ReGULATION S
Chap~~r 8.68
fully improved., with infrastructure, adjacent utilities.) grading, and all development-im.pact
fees paid excluding any inclusionary zoning ordinance fees.
t;i'
3, that the proposed land dedication is of sufficient size to meet the following requirements:
a. the dedication includes land sufficient to con~truct the number of mnts that the applicant
would otherwise be required to constrUct by Seotion B.68.030.A, based. on the size of lots
in the subdivision for which the applicant is' meeting its obligation; and
. b. in addition, the dedication includes such additional -land the. market value for which is
equal to or exceeds the difference 'bei:Yleen the value of a market-rate 1200-square foot unit
and the price a.t which such a unit could be sold as an Affordable UnitC$72, 176) times the
nu.mbe:r of units required.
D. Credit transfers. .An appliC8.Ilt may fully or partially satisfy the requirementS of section 8.68.030.A
through the use of transfer credits created pursuant to section 8.68.060. Credit certificates shall be
presented to the Community Development Director, who shall note at the time of project approval1he
credit certificate by number. Credit oertificates may only be used to satisfy the requirements for
lIlciusionary Units for the income category (Le., very low, low, or moderate) md number of
bedrooms for which they are issued.
Waiver of Requirements. The City Council, at its discretion, 'may waive, wholly ot' partially, the
requirements of this ol:dinance and approve alternate methods of compliance with this chapte4 if the
applicant demonstrates, and the City Council finas. that such alterna.te methods meet the purposes of
fuis~~~r- '
E. '
"
8.68.Q50. General,Proce.dures for Implementing Inclusionary Zoning Req~irements
A. Agreements. Prior to the i~suance of a building permit for. an affordable uni~ resale restrictions or
rental controls, or both, as the case may be, shall be set forth. in an agreement between the City and
the d.ev:eloper, in' a form consistent with the City Council-adopted form agreement, Which agreement
shall be recorded. against the prope:rty containing the affordable units. The agreement shall be
executed by the City Manager, and its requirements shall run with the land and bind the a.pplicant's .
successors.
B. Rental Units; Occupancy; Annual Report. Agreements involying rental. units shall require the
owner of 'the affordable' units to ensure that the units are occupied by t~nantS whose monthly income
1 e-vels do not exceed moderate income levels and shall preclude tenants from subletting or subleasing
the unit The agreement'shall also require the owner of tb.e affordable unit to submit an annual report
to the City Manager, in a format approved by the City. The report shall include, but not be limited to
the following information: an. identification of the affordable units within the project; the monthly
rents charged and proposed to be charged; vacancy infonnation for ,the prior year; and the monthly
income for tenants of each affordable unit tbroughout the prior year. '
C, Ownership Units; Occupancy; City's Right of First RefusaL Agreements for ownership units
shall specify that the inclusionary units must be occupied by the owner or owners 'and may not be
leased or rented 'Without the written approval of the City. The resale restrictions shall provide that in
-
CIty of Dublin Zoning Ordinance
68-4
-
Sep'tembt;lf, 1997
Revised.Jarruary 2003
...
-
D.
LIDo/) ~
INCLUSrONARY ZONING ReG ULA TIONS
Chapter B.aS
the event of the sale of an affordable unit, the City shall ha.ve the right to purchase any affOTdable. I
owner-occupant unit a.t the maximurn..price that could be charged to an eligible household.
Selection Criteria. No household shall be permitted to occupy a unit that is req,uired under this
chapter to be affordable unless the City or its designee has approved the household's eligibility.
Eligible potential occupants of affordable units wi~ be qualified on .the basis of~usehold income,
the median combined household income statimcs for Alameda County published periodically by th~
Califomia pepartment of Housing and Community Development, all SO'Ul'Ce$ of household income
and assets, the relationship betWeen household size and the size of available units, and any further
criteria required by law. The developer shall use an equitable selection method established in
conformance with the terms of this chapter. The selection criteria may not d.istinguish between adults
and children. Selection of qualified person should be based on priorities established in the City's
Affordable Housing Program. as noted below:
. Employed within the boundaries of the City of Dublin (3 points. one per household)
. Public Service employee working in the CiW of Dublio. (1 additional point)
I: Dublin resident (3 points, one per household)
Seniors (1 point, one per household)
· Permanently disables (1 point, one per household)
.
.
To qualify as "~ployed within the boundaries of the City of Dublin," the petSon shall have been
employed with. the' City of Dublin for at least six months.
To qualify as a "Dublin residen'4" the person shall have been a resident of the City of Dublin for at
least a one-year period prior to the eligibility determmation;
8.68.060. Affordable Unit Credits.
A. Creation. Affordable unit credits may be created by the City Council. One affordable unit credit
certificate shall be issued for each affordable unit constructed in exc~sS oftbe number of afforda.ble
units required to be constructed for the project by Section 8.68.030.A. Tbe certificate shall designate
a specific income category (i.e., very-low-, low-, or moderate income) and number of bedrooms for
which they axe issued.
B. Ownership and use of credits. Affordable unit credit certificates are issued to and become the
poss.ession of the project owner) who may then use them to satisfy the requirements of this chapter
for another project in the City. If a project owner proposes to sen credit certifica.tes, the parties sb.a.ll
first obtain the. consent of the C01:nmumty Development Director, who will do~ent the transfer by
certificate. number. .
8.68.070. Incentives to Encourage On-Site Coi1Strnction of Affcrrdable Units. The City may, but shall
not be required to, offer incentives or tinancial.assistance to encourage the on-site construction or
affordable units in excess of 12.5% of the total number of units in the project to tbeextent
resources for this purpose are av?til1ible and approved for such use by the City Council or City
. Managa. Such incentives may include, but shill not. be limited to, the following:
City of Dublin Zoning Ordinance
68.5.
-
September, 1997
Revised.January 2003
.",
. . l/-I~ tf~"
INCLUSIONARY ZONING REGULATrONS
_" ". Chapter B.aS
L ". ""1
Fee Deferral.
1. Development Pro.cessing Fees. The City Manager' may approve deferred payment of City
processing fees applicable to the review, and processing of the project. The terms and .
payment scbedule of the deferred fees shall be 'subject to the approval of the City Manager.
2. Development Impact Fees. .The City Council may authorize the deferred payment of
development impact fees applicable to the affordable units. Approval of this incentive
requires demonstration by the Applicant that the deferral increases ~e project's feasibility.
The applicant must provide appropria.te security to ensure future pa.yment of s'\lch. fees.
B. Design Modifi'cations. The City Council may a.pprove design modificationS to affordable units that
increase the feasibility oftbe c.onstruction of affordable units, including but not limited.to, the
fono~ng:. .
1. Reduced lot size.
2. Reduced setback requirements.
3. ~educed open space requirements.
4. Reduced land.s~aping requirements.
.
5. Reduced interior or exterior amenities.
6. Reduction in parking requirements.
7~ Height restriction waivers.
8.68.080. Inclusionary Zoning In-Lieu Fee Fund. tn-Heu Fees shell be deposited into a fund known as the
"lnclusionary Zotling h"'l.-Lieu Fees 'Fund'" ("~und").
A. Use. All monies in the Fund, together Vlith any interest earnings on such monies less reasonable
administrative charges, shall be used or 'cotnmittecl to use by the City for the purpose of providing
very-low-. low-, and moderate-income ownership or ren,tal housing in..the City of Dublin. .
B. Annual report. The City Mana.ger shall prepare an annual report to the City Council identifying the
balance of monies in the Fund end the: affordable units provided and any monies committed to
providing very.low-~ low-. and moderate-income housing. The annual report sha.n also include a
review of administrative charges.
8_68.090. Violations. It shall be unla;wful for any person, firm, corporation) partnership or other entity that is
s'!1bject to tl?is ordinance pursuant to section 8.68.030.A to violate any provision cirto fail to
. comply wi~ any of the requirements of this chapter. A violation of any of the provisions or
failing to comply with any of the requirements of this Chap~er shall constitute a misdemeanor;
except that notwithstanding any other p1'ovisions of this Code, my such violation constituting a
misdemeanor under this chapter, may in the discretion of the enforcing authority, be charged and
prosecuted as an infraction. Any person convicted of an. infraction under the provisions of this
Code shall be punishable as provided by the Government Code of the State of California..
City of Dublin Zoning Ordinance
68-6
i:
. . September, 1957
RevJsed"January 2003 I.
4P.
. \f20f; ~
INCL.USJONARY ZONING REGULATIONS
Chlilpter 8.SB
-
8.68.100. Enforcement.
A.. General. The OityManager shall eclorcetlUs chllpter, and its provisionsshCill be bin4i~ on all
agents~ successorsjand assigns of an applicEIIlt.The Ci'tY Manager may s~pend or revoke an,:y'
building petlllit or approvaiupon flllding a violation of any provisiol1 of'tbj,s clJ.lapter.. No l~ci-l.'lse
approval, building permit, or certificate of occupancy shall be issued for an)' residemial developmeat
UDless exempt from orin cornpliancewithtWs chapter;. TJ:te, CltyIIlliY institute anyaPPX'opnate legal
aotions orproceeQings nepessary to ensurecompJianceherewith,,'ip.cludin,g. but not limited to, actions
to revoke, deny, or suspend any pemnt or developmentapproval. .
B. Excessive rentsll~gal action. If the City Manager determines that rents in excess of those allowed
by opera.tiol'l of tillS chapterhavebeenoharged to a tenant:residi:pg inaI:l. affordable unit the City ma.y
take appropriate legal action to recover, and the projectownetsl1all bepbligatedto pay to the tenant,
or to the City in the event the tenant cannot be located, any excesS rents char~ed.
8.68..110.
Appeals. Decisions of the City Manager under this Chapter may be appe.llled as provided in.
Chapter 8.136.
..
C~ty of Dublin Zoning Ordinance
68.1
"'.....
September, 1997
. RsVlsriid..January 2003 I
..... ~
Lf3lQ c6
Exhibit 0
INSURANCE REQUIREMENTS
REQUIRED COVERAGE. Upon completion of Project construction, Project
OWner shall obtain the following insurance coverage, and shall maintain such
coverage in full force and effect during the term of this Agreement. Before
completion of construction, Project Owner shall deliver to City certificate(s) of
insurance, or a binder followed within 30 days by a certificate of insurance,
evidencing the required coverage.
(1) COMPREHENSIVE GENERAL LIABILITY.
Minimum coverage: Bodily injury limits of $5,000,000 for
each occurrence; property damage'
limits of $5,000,000 for each
occurrenoe.
Adjustments: Limits to be adjusted every five years,
as reasonably required by City.
(2) PROPERTY (HAZARD) INSURANCE.
Minimum coverage: 100% of replacement cost, adjusted on a
regular basis for inflation.
Deductible: $2,500 maximum per occurrence.
Property covered: Structure and all insurable items within
.the Property (including landscaping and
common areas)..
Perils covered: All risk, or fire and hazardous
installation, vandalism and malicious
mischief.
ADDITIONAL INSUREDS. All liability, property damage, and automobile
insurance policies required by this Agreement must name City of Dublin and its
officers, agents and employees" as additional insureds or as additional loss
payees.
CANCELLATION CLAUSE. Each insurance policy shall contain a clause
substantially in the following words: "It is agreed that this policy may not be
canceled nor the coverage reduced until 30 days after receipt by the Community
Development Director of the City of Dublin of written notice of such cancellation
or reduction of coverage, as evidenced by receipt of a registered letter."
QUALIFICATIONS OF INSURER. All insurance pOlicies shall be issued
by an insurance company acceptable to City and authorized to issue such policy in
the State of California.
4'4-UZJ .~
l.fS1:>~
April 23, 2007
CHARTER
properties
Ms. Jeri Ram
Community Development Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Dublin Ranch Senior Apartments
Request for Temporary relief of Affordability requirements
Dear Jeri:
With regard to the above referenced project, we would like to request a temporary relief
and amendment to the Affordable Housing Regulatory Agreement; changing 65 housing
units currently identified as "Moderate" units to "Market" rate units for a period of five
years, effective immediately. After 5 years, any vacancy of a Market unit will be
returned to a Moderate unit until all 65 units are returned to a Moderate rate. These 65
units will then remain affordable at the Moderate rate for a period of 55 years from the
date returned to a Moderate rate.
It is our hope that this request can be accomplished by an amendment to the existing
Regulatory Agreement, and we are requesting that the City Attorney's office prepare the
draft amendment at its earliest convenience. As mentioned in our meetings, time is of the
essence if this temporary modification is to be of any help to the proj ect during this lease
up period.
Further, we would like to propose that the matter be put on the City Council agenda in
May, 2007. Since this is not a planning issue, we request that a Planning Commission
meeting be waived.
Thank you for your assistance in this matter.
Very truly yours,
~.
Debby Milichichi
Operations & Asset Manager
:dlm
cc: Rich Ambrose
4690 Chabot Drive, Ste 100
Tel: (925)463-1666
Pleasanton, CA 94588
Fax: (925)463-1861
ATTACHMENT 3