2018/02/13 City Council Resolution 2018-023RESOLUTION NO. 2018-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO
AFFORDABLE HOUSING AGREEMENTS/COVENANTS TO MODIFY
OCCUPANCY STANDARDS FOR AFFORDABLE UNITS
WHEREAS, the City administers its affordable housing program, in part, through the
use of affordable housing agreements and/or covenants ("Covenants") entered into between
the City and the owners of multifamily housing complexes with affordable units; and
WHEREAS, a number of these Covenants contain occupancy standards for affordable
units that are intended to be protective of tenants and conform to state and federal requirements
and guidelines on residential occupancy standards; and
WHEREAS, the California Department of Fair Employment and Housing ("DFEH")
guidelines on residential occupancy standards recommend occupancy standards of two persons
per bedroom plus one additional person for the overall affordable rental unit; and
WHEREAS, the City desires to amend those Covenants to assure that best practices are
followed with respect to occupancy standards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize the City Manager to execute amendments to the applicable
Covenants, in substantially similar form to Exhibit A, subject to minor modifications by the City
Manager or CityAttorney.
DULY AND REGULARLY ADOPTED this 13th day of February, 2018.
CITY OF ROHNERT PARK
Pam Stafford, Mayor
ATTEST:
.411ne. M. Buergler, City Clerk
Attachment: Exhibit A
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Exhibit A
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928-2486
(4pacc ,Above This 1_,'rIle for Rccordei`s I. Ise 0111-.)
[Exempt from recording fee per Gov. Code § 27383]
AMENDMENT NO. —TO AFFORDABLE HOUSING COVENANT
INCLUDING DEED AND PRE -COMPLETION TRANSFER RESTRICTIONS
This AMENDMENT NO. TO AFFORDABLE HOUSING COVENANT
INCLUDING DEED AND PRE -COMPLETION TRANSFER RESTRICTIONS (this
"Amendment") is dated _ _, 2018 for reference purposes only, and is
entered into by and between the CITY OF ROHNERT PARK, a municipal corporation ("City")
and _ ("Owner").
Recitals
A. On or about __(date)—, City and
a California corporation (collectively, the "Parties"),
entered into that certain Affordable Housing Covenant Including Deed and Pre -Completion
Transfer Restrictions ("Covenant") concerning the real property located at
(address}_ _ __. 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 X.x of the Covenant is deleted in its entirety and replaced with the
following new Section X.x:
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Exhibit A
X.(x) The maximum size of a household occupying an Affordable Unit
shall be two (2) persons per bedroom plus one (1) additional person. This standard
may be modified, as necessary to comply with any occupancy standards that may
now or in the future be established by the California Department of Fair
Employment and Housing's ("DFEH") in their guidelines on residential occupancy.
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
Late:
Aiahori-wd h'Y Resolulion 2018-_._ adopted by the Rohnert Park City Council at its meeting of November
28, 2017
Attest
City Clerk
Approved as to form:
City Attorney
"Owner"
(owner)
a Delaware limited liability company
By: Owner representative
By: ---
Name:
Its:
Date:
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