HomeMy WebLinkAbout15-35 - Resolutions RESOLUTION NO. 15-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION
OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO
CUCAMONGA TO APPROVE DEVELOPMENT AGREEMENT DRC2014-
00610, FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING
PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY
ZONING DISTRICT (SHOD), INCLUDING DEVIATING FROM CERTAIN
DEVELOPMENT STANDARDS, FOR THE DEVELOPMENT OF A 24,641
SQUARE FOOT, 60-UNIT SENIOR APARTMENT COMPLEX ON 2.25
ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD
AVENUE, SOUTH OF BASE LINE ROAD, AS PROVIDED FOR IN
SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR
REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN
SUPPORT THEREOF, APN: 0208-031-58 AND 0208-031-59.
A. Recitals.
1. The applicant, 7418 Archibald, LLC, filed an application for Development Agreement
DRC2014-00610, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Agreement is referred to as "the application."
2. On the 13th day of May 2015, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
3. The subject property of the Development Agreement is legally described herein.
4. A true and correct copy of the proposed Development Agreement is attached as
Attachment "A" to this Resolution.
5. The Planning Commission has reviewed and considered the associated Mitigated
Negative Declaration prepared for said project as described in Section 3 of this resolution.
6. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. This Commission hereby specifically finds that the Development Agreement and each
and every term and provision contained therein conforms to the General Plan of the City of
Rancho Cucamonga as proposed to be amended by DRC2014-00546, a request to amend the
General Plan land use designation for the subject property from Low to High Residential, and
conforms to the Zoning Map of the City of Rancho Cucamonga as proposed to be amended by
DRC2014-00547, a request to amend the Zoning Map land use district from the Low (L)
Residential District to the High (H) Residential District and Senior Housing Overlay Zoning District
(SHOD), based on the following findings:
PLANNING COMMISSION RESOLUTION NO. 15-35
DA DRC2014-00610 — 7418 ARCHIBALD, LLC
May 13, 2015
Page 2
a. The proposed Development Agreement is consistent with the objectives,
policies, and general land uses specified in the General Plan and any applicable Specific Plans;
and
b. The proposed Development Agreement is compatible and in conformity with
public convenience, general welfare, and good land use and zoning practice; and
C. The proposed Development Agreement will not be detrimental to the health,
safety, and general welfare of the City; and
d. The proposed Development Agreement will not adversely affect the orderly
development of property or the preservation of property values.
3. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment
for the application, the Planning Commission finds that there is no substantial evidence that the
project will have a significant effect upon the environment and adopts a Mitigated Negative
Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this
reference, based upon the findings as follows:
a. Pursuant to the California Environmental Quality Act ("CEQK) and the City's
local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental
effects of the project. Based on the findings contained in that Initial Study, City staff determined
that, with the imposition of mitigation measures, there would be no substantial evidence that the
project would have a significant effect on the environment. Based on that determination, a
Mitigated Negative Declaration was prepared Thereafter, the City staff provided public notice of
the public comment period and of the intent to adopt the Mitigated Negative Declaration; and
b. The Planning Commission has reviewed the Mitigated Negative Declaration and
all comments received regarding the Mitigated Negative Declaration and, based on the whole
record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with
CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial
evidence that the project will have a significant effect on the environment. The Planning
Commission further finds that the Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission. Based on these findings, the Planning
Commission recommends the City Council adopt the Mitigated Negative Declaration; and
C. The Planning Commission has also reviewed and considered the Mitigation
Monitoring Program for the project that has been prepared pursuant to the requirements of Public
Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission
recommends the City Council adopt the Mitigation Monitoring Program for the project; and
d. The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program and all other materials which constitute the record of proceedings
upon which the Planning Commission's recommendation is based is the Planning Director of the
City of Rancho Cucamonga. Those documents are available for public review in the Planning
Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho
Cucamonga, California 91730, telephone (909) 477-2750.
PLANNING COMMISSION RESOLUTION NO. 15-35
DA DRC2014-00610 — 7418 ARCHIBALD, LLC
May 13, 2015
Page 3
4. This Commission hereby recommends approval of the Development Agreement
attached hereto as Attachment "A" with the special condition which follows:
1) The final draft of the Development Agreement shall be reviewed and accepted
by the City Attorney prior to approval by City Council.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF MAY 2015.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Ravenel Wimberly, Chairman
ATTEST:
Candyce q imett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 13th day of May 2015, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MUNOZ
ABSTAIN: COMMISSIONERS: NONE
DEVELOPMENT AGREEMENT DRC2014-00610
SENIOR CITIZENS' HOUSING
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of the Effective
Date by and between 7418 ARCHIBALD LLC, a California limited liability company
("Developer"), and the CITY OF RANCHO CUCAMONGA, a municipal corporation
organized and existing under the laws of the State of California ("City").
RECITALS
A. California Government Code Sections 65864 et seq. authorizes cities to enter into
binding development agreements with persons having legal or equitable interests in real property
for the development of such property.
B. California Government Code Section 65915 provides that a city may, by agreement
with a developer, grant a density bonus over that allowed by the maximum density established in
the development code and land use element of the general plan when a developer agrees to
construct housing for low income households.
C. Developer has requested City to consider the approval of a development
agreement, with a density bonus, pertaining to that real property located entirely within City, the
common and legal description of which is set forth in Exhibit "A," attached hereto and
incorporated herein by this reference and hereinafter is referred to as the Site."
D. The Developer proposes to construct a senior housing residential project, including
low income units, within the City. Said project contemplated by Developer will require an increase
in the maximum density as currently provided in the Senior Housing Overlay District.
E. It is the desire of City to encourage developments designed to provide affordable
rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to
grant a density bonus to Developer as provided by the terms of this Agreement.
F. On , 2015, City adopted its Ordinance No. _approving this
Development Agreement with Developer and said action was effective on 12015.
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ATTACHMENT A
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, unless the context otherwise requires, the following
terms shall have the following meaning:
a. "40% Income Qualified Tenants" shall mean Qualified Tenants whose annual
income does not exceed forty percent (40%) of the Area Median Income.
b. "Affordable Rents" shall mean the total charges for rent, utilities, and related
services to an Extremely Low Income Qualified Tenant shall not exceed one-twelfth of thirty percent
(30%) of Extremely Low Income, adjusted for household size; to a 40% Income Qualified Tenant
shall not exceed one-twelfth of thirty percent (30%) of 40% of Area Median, adjusted for
household size; and to a Very Low Income Qualified Tenant shall not exceed one-twelfth of thirty
percent (30%) of Very Low Income, adjusted for household size. Initial rents for each unit shall be
set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted
annually by the same percentage that income has increased, if any, for an Extremely Low Income
Qualified Tenant, a 40% Income Qualified Tenant and a Very Low Income Qualified Tenant, based
on changes in the Area Median Income. Rents may be set at the California Tax Credit Allocation
Committee allowable rents for a specific year for the comparable income categories of Qualified
Tenants as specified in this Agreement. Tenants occupying units restricted by this Agreement shall
be given at least thirty(30) days written notice prior to any rent increase. Examples of these
affordable rent calculations are attached on Exhibit C.
C. "Area Median Income" shall mean the median income for households in San
Bernardino County, California, as published from time to time by the United States Department of
Housing and Urban Development ("HUD") in a manner consistent with the determination of median
gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined
in Title 25, California Code of Regulations, Section 6932. In the event that such income
determinations are no longer published by HUD, or are not updated for a period of at least 18
months, the City shall use the income determinations used by the California Tax Credit Allocation
Committee or alternatively the Owner shall establish income determinations that are reasonably
similar with respect to methods of calculation to those previously published by HUD.
d. "City" is the City of Rancho Cucamonga, California.
e. "Effective Date" shall mean the 3151 calendar day following adoption of the
ordinance approving this Agreement by City's City Council.
f. "Extremely Low Income Qualified Tenants" shall mean Qualified Tenants
whose annual income does not exceed the qualifying limits as specified in California Health and
Safety Code Section 50106, as amended.
g. "Lower Income Qualified Tenants" shall mean Qualified Tenants whose
annual income does not exceed the qualifying limits as specified in California Health and Safety
Code Section 50079.5, as amended.
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h. "Project" is the development approved by City comprised of sixty(60)
apartment units, recreational and common area facilities, sixty(60) parking spaces and other
amenities on the Site, all as set forth more fully in the site plan for Environmental Assessment and
Design Review DRC2014-00545 submitted by Developer and approved by City, a copy of which is
attached hereto, marked as Exhibit "B" and is incorporated herein by this reference. The Project is
subject to the conditions of approval which are not changed, altered or modified by this
Development Agreement unless specifically set forth herein.
i. "Qualified Project Period" means the time period beginning with the date the
certificate of occupancy is issued for the Project and continuing for fifty-five (55) years thereafter.
j. "Qualified Tenants" shall mean households consisting of a person who is 55
years of age or older and any qualified permanent residents under the applicable provisions of
California Civil Code Section 51.3 and the federal Fair Housing Act (except to the extent the Project
utilizes federal funds whose programs have differing definitions for senior projects in which case
those definitions will apply).
k. "Very Low Income Qualified Tenants" shall mean Qualified Tenants whose
annual income does not exceed the qualifying limits as specified in California Health and Safety
Code Section 50105, as amended.
2. Recitals. The recitals are part of the agreement between the parties and shall be
enforced and enforceable as any other provision of this Agreement.
3. Interest of Property Owner. Developer warrants and represents that it has entered into
an escrow or other agreement by which it is to acquire full legal title to the real property of the Site
and that it has full legal right to enter into this Agreement.
4. Binding Effect of Agreement. The Developer hereby subjects the development and
the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in
this Agreement. The City and the Developer hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Developer's successors and assigns in title or interest to the
Development. Each and every contract, deed or other instrument hereinafter executed, covering or
conveying the development or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such
contract, deed or other instrument.
5. Relationship of Parties. It is understood that the contractual relationship between City
and Developer is such that Developer is an independent party and is not the agent of City for any
purpose whatsoever.
6. Term of Agreement. The term of the Agreement shall commence on the Effective
Date and shall expire fifty-five (55) years after the commencement of the Qualified Project Period,
so long as Developer remains in material compliance with this Agreement, as from time to time
amended. This Agreement shall be deemed to be terminated automatically if Developer does not
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obtain a Certificate of Occupancy for the entirety of the Project within five (5) years after the
Effective Date, except to the extent this time frame is extended by the City Manager, or designee, in
writing in his or her reasonable discretion.
7. Restrictions on Rental Units. During the term of this Agreement, all tenants,
occupants and residents shall be Qualified Tenants. However, it is expressly understood by the
parties hereto that the Project has been specifically designed to meet the unique needs of senior
tenants. The apartment units in the Project shall not be rented, occupied, leased or subleased to
occupants who are not Qualified Tenants.
8. Rental Requirements. During the Qualified Project Period, at least six (6) of the units
in the Project shall be rented, leased or held available for Extremely Low Income Qualified Tenants
at affordable rents; at least twelve (12) of the units in the Project shall be rented, leased or held
available for 40% Income Qualified Tenants at affordable rents; and at least eleven (11) of the units
in Project shall be rented, leased or held available for Very Low Income Qualified Tenants at
affordable rents. All other units in the Project shall be rented, leased or held available for Lower
Income Qualified Tenants.
9. No Conversion. During the term hereof, all apartment units in the Project shall
remain rental units. During the term hereof, no apartment unit in the Project shall be eligible for
conversion from rental units to condominiums, townhomes or any other common interest
subdivision without consent of the City Council.
10. On-site Manager. A full-time manager shall be provided on the Project site.
11. Submission of Materials and Annual Review. Prior to occupancy, Developer shall
submit to City tenant selection procedures which shall detail the methods which Developer shall use
to advertise the availability of apartments in the Project and screening mechanisms which Developer
intends to use to limit the occupancy of the apartments to Qualified Tenants, including the income
restrictions on some of the units as set forth in this Agreement.
On or before March 15 of each year following the commencement of the Qualified Project
Period, the Developer, or its representative, shall file a certificate of continuing program compliance
with the City. Each such report shall contain such information as City may require including, but not
limited to, the following:
a. Rent schedules then in effect, including utility charges (if any);
b. A project occupancy profile;
C. A description of the physical condition and maintenance procedures for the
Project, including apartment units, landscaping, walkways and recreational areas.
City shall be allowed to conduct physical inspections of the Project as it shall deem
necessary, provided that said inspections do not unreasonably interfere with the normal operations of
the Project and reasonable notice is provided. City shall repair any damage and shall defend,
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indemnify and hold Developer harmless from and against any claims, liabilities, damages, costs,
expenses incurred by Developer relating in any way to City's inspections and investigations.
12. Tenant Selection, Contracts and Rules and Regulations. On receipt of applications for
income restricted units, Developer shall determine the eligibility of the occupancy under the terms of
this Agreement. Verification of tenant income eligibility shall include one or more of the following
factors, or any other factors permitted by the California Tax Allocation Committee for the low
income housing tax credit program:
a. Obtain an income verification form from the Social Security Administration
and/or the California Department of Social Services, if the applicant receives income from either or
both agencies;
b. Obtain an income tax return for the most recent tax year;
C. Conduct a TRW or similar financial search;
d. Obtain an income verification from all current employers; and
e. If the applicant is unemployed and has no tax return, obtain another form of
independent verification.
Developer shall be entitled to rely on the information contained in the application sworn to by
the applicant. All agreements for rental of all apartment units in the Project shall be in writing.
The form of proposed rent or lease agreement shall be reviewed and approved by City prior
to the commencement of the Qualified Project Period. Such agreement shall include all rules and
regulations governing tenancy within the Project.
13. Termination and Eviction of Tenants. A tenancy may be terminated without the
termination being deemed an eviction under the following circumstances:
a. The death of the sole tenant of the unit;
b. By the tenant at the expiration of the term of occupancy or otherwise upon
thirty(30) days' written notice;
C. By abandonment of the premises by the tenant; or
d. By failure of a tenant to execute or renew a lease.
Any termination of a tenancy other than those listed above in this paragraph 13 shall
constitute an eviction. Developer shall only evict in compliance with the provisions of California
law and then only for material noncompliance with the terms of the rental agreement.
14. Hazard Insurance. Developer shall keep the Project and all improvements thereon
insured at all times against loss or damage endorsement and such other risks, perils or coverage as
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Developer may determine. During the term hereof, the Project shall be insured to its full insurance
replacement value.
15. Maintenance Guarantee. Developer shall comply with all City maintenance standards
enacted from time to time.
16. Standards and Restriction Pertaining to Development of the Real Property. The
following specific restrictions shall apply to the use of the Site during the term of this Agreement:
a. Developer is required to obtain all necessary land use entitlements, approvals
and permits for the Project.
b. Only residential uses of the real property shall be permitted in the Project; and
C. The maximum density of residential dwelling units in the Project shall never
greater than 30 dwelling units per acre.
17. Development Incentives. The City will grant Developer the following development
incentives for development of the Project:
a. Increase the maximum density on the site from 24 dwelling units per acre to
26.6 dwelling units per acre; and
b. Decrease the required number of on-site parking spaces to a minimum ratio of
0.7 non-covered parking spaces per unit, however, the Developer will provide a minimum ratio of 1
non-covered parking spaces per unit.
18. Project Design Amenities for Senior Citizens. The Project open space, buildings and
individual apartments shall be designed with physical amenities catering to the needs and desires of
the senior citizen residents. The following physical amenities shall be substantially included in the
Project:
a. Unit sizes shall be 693 square feet for 1-bedroom residential units and 945
square feet for 2-bedroom residential units;
b. Elevator service shall be provided to all upper story apartments;
C. All common access areas in the Project such as entryways, walkways, and
hallways will be wide enough to accommodate wheelchairs;
d. The Project will meet all applicable current requirements for access and design
imposed by law as administered by the City building and safety department, including, but not
limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act
(42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of
Regulations that relate to access for persons with disabilities or handicaps;
C. All units shall possess secured entryways off a common enclosed hallway;
and
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f The Project is designed to encourage social contact by providing at least one
common room (the Project community room) and at least some common open space (the Project's
garden meeting spaces).
19. Indemnification. Developer agrees to and shall hold City and its elected officials,
officers, agents and employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from the direct or indirect
operations of Developer or those of its contractor, subcontractor, agent, employee or other person
acting on its behalf which relate to the Project. Developer agrees to and shall defend City and its
elected officials, officers, agents and employees with respect to actions for damages caused or
alleged to have caused by reason of Developer's activities in connection with the Project.
Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of,
or by reason of, the sole negligence or willful misconduct of the City.
20. Amendments. This Agreement may be amended or canceled, in whole or in part, only
by mutual written consent of the parties and then in the manner provided for in California
Government Code Sections 65868 et seq.
21. Event of Default. Developer is in default under this Agreement upon the happening of
one or more of the following events or conditions:
a. If a material warranty, representation or statement is made or furnished by
Developer to City and is false or proved to have been false in any material respect when it was
made;
b. A breach by Developer of any of the provisions or terms of this Agreement,
after notice and opportunity to cure as provided in paragraph 22.
22. Enforcement. In the event of a default under the provisions of this Agreement by
Developer, City shall give written notice to Developer (or its successor) at the address of the Project,
and by registered or certified mail addressed to the address stated in this Agreement, and if such
violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such
notice is given, or if not corrected within such reasonable time as may be required to cure the breach
or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default must be commenced within said thirty (30) days and must thereafter be
diligently pursued by Developer), then City may, without further notice, declare a default under this
Agreement and, upon any such declaration of default, City may bring any action necessary to
specifically enforce the obligations of Developer growing out of the operation of this Development
Agreement, apply to any court, state or federal, for injunctive relief against any violation by
Developer of any provision of this Agreement, or apply for such other relief as may be appropriate.
After completion of the Project pursuant to the terms of this Agreement, any default may
alternatively be enforced as any normal violation of the standards and provisions of the Rancho
Cucamonga Municipal Code.
23. No Wavier of Remedies. City does not waive any claim of defect in performance by
Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance
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by Developer shall not be excused because performance by Developer of the obligations herein
contained would be unprofitable, difficult or expensive or because of a failure of any third party or
entity, other than City. All other remedies at law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing development agreements are available to the
parties to pursue in the event that there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other subsequent
breach thereof or default hereunder.
24. Rights of Lenders Under this Agreement. Should Developer place or cause to be
placed any encumbrance or lien on the Project, or any part thereof, the beneficiary("Lender") of said
encumbrance or lien, including, but not limited to, mortgages, shall have the right at any time during
the term of this Agreement and the existence of said encumbrance or lien to:
a. Do any act or thing required of Developer under this Agreement, and any such
act or thing done or performed by Lender shall be as effective as if done by Developer itself,
b. Realize on the security afforded by the encumbrance or lien by exercising
foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the
security document evidencing the encumbrance or lien (hereinafter referred to as "the trust deed");
C. Transfer, convey or assign the title of Developer to the Project to any
purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order
or pursuant to a power of sale contained in a trust deed; and
d. Acquire and succeed to the interest of Developer by virtue of any foreclosure
sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of
sale contained in a trust deed.
The City agrees that the terms of this Agreement are subordinate to any such financing
instrument and shall execute from time to time any and all documentation reasonably requested by
Developer or Lender to effect such subordination.
25. Notice to Lender. City shall give written notice of any default or breach under this
Agreement by property owner to Lender and afford Lender the opportunity after service of the notice
to:
a. Cure the breach or default within sixty(60) days after service of said notice,
where the default can be cured by the payment of money;
b. Cure the breach or default within sixty (60) days after service of said notice
where the breach or default can be cured by something other than the payment of money and can be
cured within that time; or
C. Cure the breach or default in such reasonable time as may be required where
something other than payment of money is required to cure the breach or default and cannot be
performed within sixty(60) days after said notice, provided that acts to cure the breach or default are
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commenced within a sixty (60) day period after service of said notice of default on Lender by City
and are thereafter diligently continued by Lender.
26. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender
may forestall any action by City for a breach or default under the terms of this Agreement by
Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The
proceedings so commenced may be for foreclosure of the encumbrance by order of court or for
foreclosure of the encumbrance under a power of sale contained in the instrument creating the
encumbrance or lien.
27. Notice. Any notice required to be given by the terms of this Agreement shall be
provided by certified mail, return receipt requested, at the address of the respective parties as
specified below or at any other such address as may be later specified by the parties hereto.
Developer: 7418 Archibald LLC
c/o Orange Housing Development Corporation
414 E. Chapman Avenue
Orange, California 92866
with a copy to:
C & C Development Co., LLC
14211 Yorba St., Ste. 200
Tustin, CA 92780
Attn: Todd Cottle
City: City of Rancho Cucamonga
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91730
Attn: City Manager
28. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement
or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover
its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the
discretion of the court.
29. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall
inure to, the respective parties hereto and their legal representatives, executors, administrators,
successors and assigns, wherever the context requires or admits.
30. Applicable Law. This Agreement shall be construed in accordance with and governed
by the laws of the State of California.
31. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid,
illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof
shall not in any way be affected or impaired thereby.
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32. Recordation. This Agreement shall be recorded in the Official Records of the County
Recorder of the County of San Bernardino.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall
be effective on the Effective Date set forth herein.
DEVELOPER: CITY:
7418 ARCHIBALD LLC, a California CITY OF RANCHO CUCAMONGA, a
limited liability company municipal corporation
By: Orange Housing Development
Corporation, a California nonprofit
corporation, its member By
L. Dennis Michael
Mayor
By:
Eunice Bobert ATTEST:
Chief Executive Officer
By: C&C Development Co., LLC, a
California limited liability company, its Janice C. Reynolds, City Clerk
member
APPROVED AS TO FORM:
By. RICHARDS, WATSON & GERSHON
Todd R. Cottle, its member
By: The Cottle Family Trust Dated
3/8/1987, its member By:
City Attorney
By:
Barry A. Cottle, Trustee
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A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On before me, Notary Public,
personally appeared who 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.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name:
Notary Public
1076\55\1639142.5
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On before me, Notary Public,
personally appeared who 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.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name:
Notary Public
1076A55V1639142 5
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On before me, Notary Public,
personally appeared who 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.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name:
Notary Public
1076\55\1639142 5
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On before me, Notary Public,
personally appeared who 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.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name:
Notary Public
1076\55\1639142 5
EXHIBIT "A"
SITE LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
The North 160 feet of the South 1/2 of Lot 1, Section 3, Township 1 South, Range 7 West, San
Bernardino Base and Meridian according to the Map of Cucamonga Lands, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, as per Map recorded in Book 4 Page 9
of Maps, in the office of the County Recorder of said County.
EXCEPT the East 45 feet thereof conveyed to the County of San Bernardino, a body corporate in the
Deed recorded March 19, 1965, in Book 6352, Page 952, of Official Records.
APN: 0208-031-58-0-000, 0208-031-59-0-000
A-1
1076\55\1639142 5
EXHIBIT "B"
SITE PLAN
[to be attached]
B-1
1076\55\1639142.5
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EXHIBIT "C"
EXAMPLE INCOME AND AFFORDABLE RENT CALCULATIONS
Examples of the maximum incomes and Affordable Rents for different income levels as restricted
under this Agreement are shown on the following charts which are the maximum income levels and
rents published by the California Tax Credit Allocation Committee for 2015 for projects placed in
service after March 6, 2015. These charts are for illustrative purposes only and the actual maximum
incomes and Affordable Rents will be based on the charts published by the California Tax Credit
Allocation Committee for each year after the Project is placed in service.
MAXIMUM INCOMES
Revised per HUD Notice CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE
Effective:6brcn 6,2015 2015
Maximum Income Levels
For Projects Placed in Service on or after 3162015
One Two Three Four Five Six Seven Eight
County Person Person Person Person Person Person Person Person
AN BERNARDINO
100% Income Level $43,500 $49,700 $55,900 $62,100 $67,100 $72,100 $77,100 $82,000
60%Income Level $26,100 $29,820 $33,540 $37,260 $40,260 $43,260 $46,260 $49,200
55% Income Level $23,925 $27,335 $30,745 $34,155 $35,905 $39,655 $42,405 $45,100
50% Income Level $21,750 $24,850 $27,950 $31,050 $33,550 $36,050 $38,550 $41,000
45% Income Level $19,575 $22,365 $25,155 $27,945 $30,195 $32,445 $34,695 $36,900
40% Income Level $17,400 $19,880 $22,360 $24,840 $26,840 $28,840 $30,840 $32,800
35% Income Level $15,225 $17,395 $19,565 $21,735 $23,485 $25,235 $26,985 $28,700
30% Income Level $13,050 $14,910 $16,770 $18,630 $20,130 $21,630 $23,130 $24,600
C-1
1076\55\16391425
AFFORDABLE RENTS
Revised per HUD Notice CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE
Effective:March 6,2015 2015
Maximum Rents for Projects From Ceilings Post-1989 and Those from the Pre-1990
Ceilings That Elected with the Secretary of the Treasury'to use the Post-1989 Rents
*(See IRC Section 42-Section 13142(c)or the QmniDus Budget Reconcabation Act of 1993)
For Projects Placed in Service on or after 3/6/2015
County Efficiency 7 EIR 2 SR 3 BR 413R 5 BR
SAN BERNARDINO
100%Income Level $1,086 $1,164 $1,396 $1,614 $1,802 $1,988
60%Income Level $652 $699 $838 $969 $1,081 $1,193
55%Income Level $598 $640 $768 $888 $991 $1,093
50%Income Level $543 $582 $698 $807 $901 $994
45%Income Level $489 $524 $628 $726 $811 $894
40%Income Level $435 $466 $559 $646 $721 $795
35%Income Level $380 $407 $489 $565 $630 $696
30%Income Level $326 $349 $419 $484 $540 $596
C-2
1076\55\1639142.5