2017/11/28 City Council Resolution 2017-140RESOLUTION NO. 2017-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AMENDMENT NO. 1 TO AFFORDABLE
HOUSING COVENANT INCLUDING DEED AND PRE -COMPLETION TRANSFER
RESTRICTIONS BY AND BETWEEN THE CITY OF ROHNERT PARK AND
COLUMBIA REDWOOD CREEK, LLC
WHEREAS; the Redwood Creek Apartment Complex is 232 unit complex which was
approved in 2003 with condition that 35 units be rented to low-income households for a
minimum period of 30 years; and
WHEREAS, in 2005, the City entered into an Affordable Housing Covenant Including
Deed and Pre -Completion Transfer Restrictions ("Covenant") with the Spanos Corporation, the
original developer of the property, to fulfill this inclusionary housing requirement; and
WHEREAS, Columbia Redwood Creek LLC is successor in interest to Spanos
Corporation and is currently responsible for complying with the Covenant; and
WHEREAS, there are currently no state or federal standards for occupancy restrictions
on affordable rental units but the California Department of Fair Employment and Housing
guidelines recommend occupancy standards of two persons per bedroom plus one additional
person for the overall rental unit
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve Amendment 1 to Affordable Housing Covenant
Included Deed and Pre -Completion Transfer Restriction by and between Columbia Redwood
Creek LLC, a Delaware Limited Liability Company and the City of Rohnert Park, a municipal
corporation.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park,
including execution, if necessary, in substantially similar form to the agreement attached hereto
as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 281h day of November, 2017.
CITY OF ROHNERT PARK
Jake Mae enzie, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: BELFORTE: Aq [ CALLINAN: Aq" STAFFORD: MACKENZIE: C
AYES: ( 5 ) NOES: ( O ) ABSENT: ( D ) ABSTAIN: ( O )
(2)
2017-140
Exhibit A
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
(Space Above I his Line for Ucortier s Ilse (]n IV)
[Exempt from recording fee per Gov. Code § 27383]
AMENDMENT NO. I TO AFFORDABLE HOUSING COVENANT
INCLUDING DEED AND PRE -COMPLETION TRANSFER RESTRICTIONS
This AMENDMENT NO. 1 TO AFFORDABLE HOUSING COVENANT INCLUDING
DEED AND PRE -COMPLETION TRANSFER RESTRICTIONS (this "Amendment") is dated
_ 2017 for reference purposes only, and is entered into by and between
the CITY OF ROHNERT PARK, a municipal corporation ("City") and COLUMBIA REDWOOD
CREEK, LLC, a Delaware limited liability company ("Owner").
Recitals
A. On or about September 12, 2005, City and THE SPANOS CORPORATION, a
California corporation, entered into that certain Affordable Housing Covenant Including Deed and
Pre -Completion Transfer Restrictions ("Covenant") concerning the real property located at 600
Rohnert Park Expressway, in the City of Rohnert Park, County of Sonoma, more particularly
described in Exhibit A attached hereto ("Site").
B. Owner is the current owner of the Site and a successor in interest to Developer
under the Covenant.
C. All capitalized terms used in this Amendment, unless otherwise provided herein,
shall have the same definitions given to such terms in the Covenant.
D. The parties desire to amend the Covenant to change to the maximum size of a
household that may occupy an Affordable Unit.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto, for the benefit of and to bind themselves and their
successors and interests in the ownership of the Site, hereby amend the Covenant in the following
respects only:
1. Section 1.2(c) of the Covenant is deleted in its entirety and replaced with the
following new Section 1.2(c):
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Exhibit A
(c) The maximum size of a household occupying an Affordable Unit
shall be two (2) persons per bedroom plus one (1) additional person.
2. Except as expressly amended hereinabove, the Covenant, as amended by the
Amendment, shall remain unaltered and in full force and effect.
3. This Amendment may be executed in any number of counterparts with the same
effect as if all parties had signed the same document. All counterparts shall be construed together
and shall constitute one Amendment.
Signatures on Next Page
Signatures to be Notarized
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Exhibit A
IN WITNESS WHEREOF, City and Owner have caused this Amendment to be executed
on their behalf by their respective officers thereunto duly authorized.
"City"
CITY OF ROHNERT PARK,
a municipal corporation
By:
Darrin Jenkins, City Manager
Date: _
Authorized by Resolution 2017-
28,2017
adopted by the Rohnert Park City Council at its meeting of November
Attest
City Clerk
Approved as to form:
City Attorney
"Owner"
COLUMBIA REDWOOD CREEK, LLC
a Delaware limited liability company
By: Windsor Columbia Realty Fund LLC, a
Delaware limited liability company, its
sole managing member
By: Windsor Advisers VI LLC, a
Delaware limited liability company
its managing member
By: __-
Name:
_Name:
Its:
Date:
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Exhibit A
COMMONWEALTH OF MASSACHUSETTS
SS
COUNTY OF SUFFOLK
201_
Then personally appeared as Vice President of Windsor Advisers
VI LLC, the managing member of Windsor Columbia Realty Fund LLC, the sole managing
member of Columbia Redwood Creek, LLC, and acknowledged the foregoing instrument to be
his/her free act and deed, in his/her said capacity, and the free act and deed of Windsor Advisers
VI LLC, acting in its capacity as the managing member of Windsor Columbia Realty Fund LLC,
acting in its capacity as the sole managing member of Columbia Redwood Creek, LLC.
Notary Public
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