HomeMy WebLinkAboutAffordable Housing In-Lieu Fee Agreement
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Recording requested by: f~
City of Arroyo Grande Doc No: 2000-065068 Rpt No: 00085020
Official Records 'RF -1 34.00
And when recorded, return to: San Luis Obispo Co.
Julie L. Rodewald
City Clerk Recorder
City of Arroyo Grande Nov 03, 2000
P.O. Box 550,214 East Branch St. Time: 08:00
Arroyo Grande, CA 93421 l 10) TOTAL 34.00
AFFORDABLE HOUSING IN-LIEU FEE AGREEMENT
THIS AGREEMENT, entered into this 15T" day of March, 2000, by and v
between BERRY GARDENS, LLC ("OWNER"), and the CITY OF ARROYO GRANDE, a
municipal corporation ("CITY")
RECITALS
A. OWNER is the fee owner of that certain real property (the "Property")
generally known as the Berry Gardens, Arroyo Grande, California, as more specifically \
described in Exhibit "A," attached hereto and incorporated herein by this reference.
B. On September 8, 1998, OWNER received approval from CITY for Tentative
Tract Map No. 2260 (the "Project") pursuant to Arroyo Grande City Council Resolution No.
3324.
C. Condition No. 14 of Resolution No. 3324 states as follows:
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Prior to recording the map for Phase 1 and for each subsequent Phase, the
applicant shall enter into an agreement, or shall record deed restrictions, at
the discretion of, and in a form approved by the City Attorney, whereby the
applicant agrees on behalf of itself and its successors in interest, to maintain
the affordability of the units for 30 years or a long~r period of time (if required
by the CDBG program or the construction or mortgage program or rental
assistance program). The agreement or deed restrictions shall include a
mechanism for administration and enforcement of this condition. In order to
satisfy the above requirements, an affordable housing in-lieu fee could be
paid, as established by the City Council, which would provide for the
construction, renovation, and/or creation of affordable housing units. This
project is required to provide 28 affordable units based on the current
Housing Element policies.
D. OWNER has elected to satisfy the affordable housing requirements for the
Project by paying affordable housing in-lieu fees.
NOW, THEREFORE, in consideration of the premises and for other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. OWNER shall pay to the CITY affordable housing in-lieu fees equivalent to
2.5% of the value of new construction for each unit within the Project, as computed for
building permit purposes.
2. Said affordable housing in-lieu fees shall be paid to the CITY prior to
issuance of any building permit for the Project. Payment may be made for each phase of
the Project prior to the issuance of any building permit for each such phase.
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3. The waiver of any breach by any party of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of this
Agreement.
4. In the event of any controversy, claim or dispute between the parties hereto,
arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall
be entitled, in addition to other such relief as may be granted, to a reasonable sum as and
for attorney's fees.
5. Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on or
given to any party to this Agreement shall be in writing and shall be deemed duly served
and given when personally delivered or in lieu of such personal service when deposited
in the United States mail, first-class postage prepaid to the following address for each
respective party:
CITY: City of Arroyo Grande
Attn: Lynda Snodgrass
Financial Services Director
P.O. Box 550
Arroyo Grande, CA 93421-0550
OWNER: Berry Gardens, LLC 13 t!z
11 S Y" Cast Df8"~h GtPeet 5<:J2 g"..,fl"
AFFaye CrsRa8, CA 93420 G",ovo(''' Be&.cf", l?" '3'1J.3 f'fL
6. This Agreement and all matters relating to this Agreement shall be governed
by the laws of the State of California in force at the time any need for the interpretation of
this Agreement or any decision or holding concerning this Agreement arises. Venue shall
be in San Luis Obispo County.
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7. This Agreement shall run with the land and be binding on and shall inure to
the benefit of the heirs, executors, administrators, successors and assigns of the parties
hereto.
8. Should any provision of this Agreement be held by a court of competent
jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable,
the remaining provisions of this Agreement shall remain in full force and effect, unimpaired
by the holding, legislation or rule.
9. This Agreement constitutes the sole and entire agreement between the
parties with respect to the subject matter hereof. This Agreement correctly sets forth the
obligations of the parties hereto to each other as of the date of this Agreement. All
agreements or representations respecting the subject matter of this Agreement not
expressly set forth or referred to in this Agreement are null and void.
10. Time is expressly declared to be of the essence of this Agreement.
11. The parties hereby represent that the individuals executing this Agreement
are expressly authorized to do so on and in behalf of the parties.
12. The parties agree that each has had an opportunity to have their counsel
review this Agreement and that any rule of construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this
Agreement or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit the
provisions to which they relate.
13. Amendments to this Agreement shall be in writing and shall be made only
with the mutual written consent of all of the parties to this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first above written.
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CITY: BERRY GARDENS, L 'C:
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MICHAEL A. LA*
ATTEST:
~~ As holder(s) of a record interest in
KELL W MORE the Property, we consent to the terms
Direc or 0 Administrative Servicesl and conditions of the Agreement and
Deputy City Clerk its recordation.
APPROVED AS TO FORM:
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Order No: 238974 -WRB --
1 DESCRIPTION
PARCEL 1:
That portion of Blocks 115, 138 and 139 of the Town of Grover, in the City of
Arroyo Grande, County of San Luis Obispo, State of California, according to the
map drawn by A. Lundquist and filed for record November 23, 1892 in Book A, Page
6 of Maps, in the Office of the County Recorder of said County, and of Lots 1, 2,
3, 4, 9, 10, 11, 12, 13, 14 and 15 of J. F. Beckett's Grand Avenue Tract,
according to the map of said tract filed for record on September 26, 1891 in Book
B, Page 75 of Maps, in the Office of the County Recorder of said County,
described as a whole as follows:
Beginning at a point in the East line of the property conveyed to Jessica C.
Hazzard by deed recorded in Book 155, Page 213 of Deeds, records of said County,
275.75 feet North of the Southeast corner thereof, said point being the-Northeast
corner of the property conveyed by Jessica C. Hazzard to C. W. Johnson and wife,
by deed recorded in Book 257, Page 431 of Official Records, records of said
County; thence South 890 50' West along the. North line of the property so conveyed
to C. W. Johnson and wife, and the North' line of the property conveyed by John H.
Foley to C. W. Johnson and wife by deed recorded in Book 257, Page 431 of
Official Records, records of said County, 1;508.7 feet to the Southerly
prolongation of the centerline of 18th Street, as shown on the map of the Town of
Grover; thence North 30 12' East along said centerline, 915.6 feet, more or less,
to the Southwest corner of the property conveyed to John H. Foley by deed
recor~ed in Book 160, Page 297 of Deeds, records of said County; thence South 860
46' ~ast along the South line of the property so conveyed and its Easterly
extensions and the South line of the property conveyed to Marie L. Colwell by
deed recorded in Book 161, Page 195 of Deeds, recor~s of said County, 503 feet to
the Southeast corner of the property so conveyed to said Marie L. Colwell; thence
North 30 12' East along the East line of the property so conveyed 400 feet to the
Southeast corner of the property conveyed to Rose V. Johnson by deed recorded in
Book 234, Page 438 of Official Records, records of said County; thence South 860
46' East along the South line of the property so conveyed and the South line of
the property conveyed to C. W. Johnson and/or Rose V. Johnson by deed recorded in
Book 266, Pages 315 and 269 of Official Records, at Pages 164 and 238 of Official
Record~~ at Pages 66 and 224 of Official Records, at Page 1 records of said
County, 976.8 feet to the East line of the property conveyed to said Jessica C.
Hazzard by deed recorded in Book 155, Page 213 of Deeds, records of said County;
thence South 30 13' 30" West along said East line 1,229 feet, more or less, to the
point of b~ginning.
Except therefrom an undivided 1/2 interest in and to all oil, gas and other
hydrocarbon substances and minerals in, under or upon said land.
PARCEL 2:
A right of way for road purposes only on and across that portion of Blocks 86 and
114 of the Town of Grover, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, according to the map drawn by A. Lundquist and filed
for record November 23, 1892 in Book A, Page 6 of Maps, in the Office of the
~9~ty Recorder of said County, and Lot 1 of J. F. Beckett's Grand Avenue Tract,
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STATE OF CALIFORNIA )
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COUNTY OF SAN LUIS OBISPO )
On Oc,toOo- l 9 , 2000, ~fore me, ~'oUjL '\)\MKensh: P ,a Notary Public,
personally appeared ~k: \ 'B V , personally known to me (or proved
to me on the basis of satisfactory eviden 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 the entity upon behalf of which the
person acted, executed the instrument.
itWW~WTWWW~WWWWWWWWYWW~wwwwwww_ww.~ WITNESS my hand and official seal.
~
_ . SHERYL BLANKENSHIP
....r;t, COMM. '1188873
[SEA~ '. ',. NOTARY PUBLIC-CALIFORNIA ~
' '.' SAN LUIS 081SPO COUNTY '
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STATE OF CALIFORNIA )
: ss
COUNTY OF SAN LUIS OBISPO )
On &!.--W bvr IL, 2000, before me, Shu~~.$\11. p ,a Notary Public,
personally appeared J-a..u. r 0... A. 't<-e.aK,(\~ I V.p , personally known to me (or 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 thatd1e executed the same in IIfI authorized capacity,
and that by ~ signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
Jr.w~_wwwwwwwwwwwwww~w~w_wwwwwww~ WITNESS my hand and official seal.
e SHERYL BLANKENSHIP
o :::.;>fi!, COMM, '1188873
:E '. ' NOTARY PUBLIC-CALIFORNIA 3: ~
' '. SAN LUIS OBISPO COUNTY 0
[SEAL] My Comm. Expires July 31. 2002
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", Order No:.238974 -WRB ~
2 DESCRIPTION
Page 75 of Maps, in the Office of the County Recorder of said County, described
as follows:
Beginning at a point in the South line of Grand Avenue as conveyed to the County
of San Luis Obispo, by deed recorded May 13, 1913 in Book 97, Page 94 of Deeds,
records of said County, said point being South 860 46' East, 721 feet from the
Northwest corner of Block 87 of said Town of Grover, s~id point being also the
Northwest corner of the property conveyed by Jessica)C. Hazzard, a widow, to C.
W. Johnson and wife, by deed recorded October 25,1939 in Book 266, Page 315 of
Official Records, records of said County; thence from said point of beginning
South 30 14' West along the Westerly line of said Johnson property, 645 feet to
the Southwesterly corner of said Johnson property; thence North 860 46' West, 50
feet to the Southeasterly corner of the property conveyed by Jessica C. Hazzard,
a widow, to Rose V. Johnson, a married woman by deed recorded February 26, 1938
in Book 234, Page 438 of Official Records, records of said County; thence North 30
14' East along the Easterly line of said Rose V. Johnson property, 645 feet,to
the,Northeasterly corner thereof; thence South 860 46' East, 50 feet to the point
of beginning.
PARCEL 3:
A right of way for road purposes only and across that portion of Lot 3 of J. F.
Beckett's Grand Avenue Tract, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, according to the map of said tract filed for record
September 26, 1891 in Book B, Page 75 of Maps, in the Office of the County
Recorder of said County, described as a whole as follows:
Beginning at a point in the East line of the property conveyed to Jessica C.
Hazzard by deed'recorded in Book 155, Page 213 of Deeds, records of said County,
said point being South 30 13' 30" West, 526 feet from the South line of Grand
Avenue as conveyed to the County of San Luis Obispo, by deed recorded in Book 97,
Page 94 of Deeds, records of said County, said point also being an angle point in
the East line of the property conveyed by Rose V. Johnson to William A. Keelor
and wife by deed recorded September 18, 1937 in Book 224, Page 1 of Official
Records, records of said County; thence along the Easterly line of said Keelor
property, south 510 34' 30" West, 67.27 feet and South 30 13' 30" West, 74 feet to
the Southeast corner thereof; thence South 860 46' East, 50 feet to the Easterly
line of said Hazzard property; thence North 30 13' 30" East along said Easterly
line, 119 feet to the point of beginning.
DESCRSO - 12/04/91 AA
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } ss
County of SA,.) lu..t 5 OB is~v
On ~~trYIbtr I, 1.00(), before me, ~ l LUL~o ot r PLLb II '-
,
Date ame and Title of Officer ( .g" "Jane Doe, Nota Public")
personally appeared ----fYl ( cJ. ~ W~- ,
Name(s) of Sig s)
)d:::personally known to me
o proved to me on the basis of satisfactory
evidence
t~~~~~~~V~:E-- , to be the person(~ whose name(~ is/are
subscribed to the within instrument and
acknowledged to me that he/sl:1s.'tl:1ey executed
-. ~"'_ I the in his/Ael"ltl'leir authorized
I' NoIIrJ ~ic -California _ same
i San lAds otMspo County I capacity(ies), and that by his/Rel'l'tl'leir
My Comm. Expires Jan 30. 2001 signature(~ on the instrument the person(~, or
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acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: RIC,H' TH '\nI\PRINT
D Individual uf Jll.JN! R
Top of thumb here
D Corporate Officer - Title(s):
D Partner - D Limited D Genera
D Attorney in Fact
D Trustee
D Guardian or Con
D Other:
C 1999 National Notary Association' 9350 De Soto Ave" P,O, Box 2402' Chatsworth, CA 91313-2402' www,natiooalnotary,org Prod, No, 5907 Reorder: Call Toll-Free 1-800-876-6827
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