HomeMy WebLinkAboutReso 44-2011RESOLUTION NO. 44 -2011
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION MAKING FINDINGS AID APPROVING A
USE PERMIT, DESIGN REVIEW, A TENTATIVE
SUBDIVISION MAP AND AN AFFORDABLE HOUSING
AGREEMENT FOR A MIXED -USE DEVELOPMENT AT 1309
MISSION
WHEREAS, Metron, PTP (Owner) and Stuart Welte, AIA (Applicant) have proposed
construction of a four -story mixed -use residential and commercial development, consisting of 20
residential condominiums above approximately 5,200 square feet of ground -floor commercial
space and 35 on -site and six on- street parking spaces ( "Project ") on an approximately 17,582
square foot (0.41 acre) site, which is currently vacant, located at the northwest corner of
McLellan Drive and Mission Road ( "Project Site ") in the City of South San Francisco ( "City ");
and,
WHEREAS, Applicant seeks approval of Zoning Amendments, Use Permit, Design
Review, Tentative Subdivision Map, and Affordable Housing Agreement for the Project; and,
WHEREAS, approval of the Applicant's proposal is considered a "project" for purposes
of the California Environmental Quality Act, Pub. Resources Code, §§ 21000, et seq. (CEQA),
and in accordance with CEQA, an Addendum to the Supplemental Environment Impact Report
for the 2000 El Camino Corridor Redevelopment Plan Amendment (2000 SEIR) was prepared,
analyzing the Project and explaining why a subsequent EIR was not required; and,
WHEREAS, the City Council reviewed and carefully considered the information in the
Addendum and the Final 2000 SEIR, and by separate resolution, adopts the Addendum, as an
objective and accurate document that reflects the independent judgment and analysis of the City
in the discussion of the Project's environmental impacts; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on December
2, 2010, to consider the Addendum to the 2000 SEIR, the proposed Zoning Amendments, Use
Permit, Design Review, Tentative Subdivision Map, and Affordable Housing Agreement for the
Project and take public testimony, at the conclusion of which, the Planning Commission
recommended that the City Council certify the EIR and approve the Project; and,
WHEREAS, the City Council held a duly noticed public hearing on March 9, 2011, to
consider the Addendum to the 2000 SEIR, the proposed Zoning Amendments, Use Permit,
Design Review, Tentative Subdivision Map, and Affordable Housing Agreement and take public
testimony; and,
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before
it, which includes without limitation, the California Environmental Quality Act, Public
Resources Code §§ 21000, et seq. ( "CEQA ") and the CEQA Guidelines, 14 California Code of
Regulations § 15000, et seq.; the South San Francisco 1999 General Plan and General Plan
Environmental Impact Report, including the 2001 updates to the General Plan and 2001
Supplemental Environmental Impact Report; the El Camino Corridor Redevelopment Plan, and
the 1993 Environmental Impact Report, including all attachments and technical reports thereto;
the 2000 El Camino Corridor Redevelopment Plan Amendment, and the 2000 Supplemental
Environmental Impact Report, including all attachments and technical reports thereto; the
Addendum to the 2000 SEIR prepared for the Project; all reports, minutes, and public testimony
submitted as part of the Design Review Board meetings held on July 21, 2009 and May 18,
2010; all reports, minutes, and public testimony submitted as part of the Planning Commission's
meeting held on December 2, 2010; all reports, minutes, and public testimony submitted as part
of the City Council's duly noticed public hearing on March 9, 2011; and any other evidence
(within the meaning of Public Resources Code § 21080(e) and § 21082.2), the City Council of
the City of South San Francisco hereby finds as follows:
I. General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Exhibits attached to this Resolution, including proposed Conditions of
Approval (Exhibit A), proposed Affordable Housing Agreement (Exhibit B), proposed Project
Plans (Exhibit C) and Tentative Subdivision Map (Exhibit D) are each incorporated by reference
as part of this Resolution, as if each were set forth fully herein.
3. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin.
4. The proposed Project, including the Use Permit, Design Review, Tentative
Subdivision Map, and Affordable Housing Agreement are consistent and compatible with all
elements in the City of South San Francisco General Plan. The 1999 General Plan includes
policies and programs that are designed to encourage the pedestrian and transit oriented mixed -
use development in the El Camino Real corridor. Further, the land uses, development standards,
densities and intensities, buildings and structures proposed are compatible with the goals,
policies, and land use designations established in the General Plan (see Gov't Code, § 65860),
and none of the land uses, development standards, densities and intensities, buildings and
structures will operate to conflict with or impede achievement of the any of the goals, policies, or
land use designations established in the General Plan.
5. The proposed Project, including the Use Permit, Design Review, Tentative
Subdivision Map, and Affordable Housing Agreement are consistent with the standards and
requirements of the City's Zoning Ordinance (as proposed for amendment) and with the
provisions of the Transit Village Commercial and Transit Village High Density Residential
Districts. The parcelization and development of the Project Site would result in a 20 residential
condominiums above approximately 5,200 square feet of ground -floor commercial space, and
would meet minimum design standards.
6. The site is physically suitable for the type of development and density proposed,
as the mixed -use development will benefit from being located on a major thoroughfare, and the
size of the retail and the number of residential units is appropriate for the location and meets the
City's land use and zoning standards.
7. The environmental impacts of the proposed Zoning Amendment have been fully
analyzed in accordance with CEQA in the 2000 SEIR and Addendum to the 2000 SEIR, and
mitigation measures proposed in the 2000 SEIR are proposed to be readopted as part of the
Proj ect.
II. Use Permit
1. The proposed use will not be adverse to the public health, safety, or general
welfare of the community, nor detrimental to surrounding properties or improvements, because
the Project is consistent with the General Plan and Zoning Ordinance, as well as development
standards for the zoning district in which it will be located, and the City's General Plan, Zoning
Ordinance and development standards are designed to avoid incompatibility of uses and protect
and preserve the public health, safety, and general welfare.
2. The proposed use complies with the Transit Village Commercial (TV -C) and
Transit Village High Density Residential (TV -RH) zoning districts, and the development
standards established therein, because the Project would not violate minimum or maximum
thresholds of development for either district.
3. The design, location, size, and operating characteristics of the proposed Project
are compatible with the existing and reasonably foreseeable future land uses in the vicinity
because the Project proposes a mixed -use residential and retain development near other such
mixed -use development, in an area of the City that is planned for pedestrian and transit oriented
mixed -use development.
III. Tentative Map
1. The tentative map complies with and meets all of the requirements of SSFMC
Title 19 (Subdivision Ordinance) and with the requirements of the State Subdivision Map Act.
2. The site is physically suitable for the type of development and density proposed,
as the tentative map will facilitate a Project that will be compatible with the existing and
reasonably foreseeable future land uses in the vicinity because the Project proposes a mixed -use
residential and retain development near other such mixed -use development, in an area of the City
that is planned for pedestrian and transit oriented mixed -use development.
3. The design and improvements of the tentative subdivision map are not in conflict
with any existing public easements.
4. The property is located in a developed, urban setting, and is not subject to a
Williamson Act contract, an open space easement, a conservation easement, or an agricultural
conservation easement. The surrounding land uses and resulting parcels would not support
agricultural uses; the resulting parcels would result in residential development not incidental to
commercial agricultural use of the land.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco
hereby makes the findings contained in this Resolution, and hereby approves the Use Permit,
Design Review, Conditions of Approval (Exhibit A), Affordable Housing Agreement (Exhibit
B), Project Plans (Exhibit C) and Tentative Subdivision Map (Exhibit D), and for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco
hereby authorizes the City Manager or his designee to execute an Affordable Housing
Agreement, in substantially the same form as the attached Exhibit B, for the Project.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
*
* *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 9 day of
March, 2011 by the following vote:
AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto,
NOES: None
ABSTAIN: None
ABSENT: None
Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin
ATTEST:
Exhibit A
Conditions of Approval
P144
A. Pia ing Division requir
CONDITIONS OF APPROVAL
P09-0002: UPO9-0001, EIR10-0001, DRO9-0003, SA10-0002 & AHA10-0001
Mixed Use Development
1309 Mission Rd
(As approved by the City Council on March 9, 2011)
ents shall be as follows:
1. The applicant shall comply with the Pia ing Divisions standard Conditions and Li itations
for Co ercial Industrial and Multi-F. ily Residential Projects.
2. The applicant shall comply with all mitigation measures outlined in the Mitigation
Monitoring and Reporting Progrd and the Addend to the 2000 El C. ino Real
Redevelopment Plan endment Suppl ental EIR.
3.
by Enviro ental Innovations in Design, dated August 10, 2010.
The project shall be completed and operated substantially as indicated in the plans prepared
4. All equipment (either roof or gro d-mo ted) shall be screened from view through the use
of integral architectural el ents, such as enclosures or roof screens, and landscape
screening. Equipment enclosures and/or roof screens shall be painted to match the building.
5. Prior to occupancy, the applicant shall pay any applicable childcare fees in accordance with
South San Francisco Municipal Code Chapter 20.115. This fee is subject to . ual
adjustment, and presently is assessed at $1,851.00 per residential it and $0.68 per gsf for
Go ercial/retail.
6. The Final Map shall be substantially consistent with the Tentative Map entitled, "Vesting
Tentative Map, 1 Lot Subdivision for Condomini Purposes", dated August 17, 2010,
prepared by Guiliani & Kull, Inc.
7. The Final Map shall comply with all applicable requir
Ordinance).
ents of SSFMC Title 20 (Zoning
8. Prior to the approval of the Final Map or Building P- it, the property owner shall meet with
the City's Park and Recreation Director and develop a Parks and Recreation Fee Plan in-lieu
of parkland dedication in accordance with SSFMC Chapter 19.24. Prior to the Final
Inspection the owner shall pay the Parks and Recreation Fees in-lieu of park land dedication.
The plan shall be subject to the review and approval of the City's Parks and Recreation
Director.
9. All roof planters with trees shall have minimum dimensions of 8 ft x 8 ft x 3 ft depth. Trees
within roof planters shall be a minimum of 6 ft tall to be in scale with the building.
10. Any exterior design modifications, including any and all utilities, shall require Chief P1
review and approval prior to installation.
er
Conditions of Approval
Page 2 of 9
1 1. The project sponsor shall obtain all necessary encroachment p its from the To of Colma
for the work within the portion of Mission Road that ties within the Town of Colma's
jurisdiction.
12. Prior to issuance of a certificate of occupancy for any portion of the project, the project
sponsor shall have entered into a Maintenance Agre ent with the Town of Colma,
acceptable to the Colma City Attorney and Public Works Director, for all project-related
provements in the portion of Mission Road that lies within the Town of Cohna's
jurisdiction, including but not limited to the sidewalk, landscaping and utilities.
13. All utilities along the project street frontage shall be undergro ded.
14. Prior to issuance of a grading pe it the project developer shall prepare . d submit a
Construction Noise Manag- ent Plan for review and approval by South San Francisco and
the To of Colma. At a minim , the Plan shall address the hours of construction
operation to be consistent with the City of South San Francisco's and the Town of Colma's
allowed hours of construction, a requir ent for providing mufflers on all gasoline or diesel-
powered equipment, use of electrically powered tools and a t- porary electrical power
instead of generators whenever possible, and similar requirements. The Plan shall require the
designation of a noise coordinator with a 24-hour contact n ber. The contact of the noise
coordinator shall be submitted to the South San Francisco P1. ing Division and the Town of
Colma prior to the co encement of construction activity at the site. The Plan shall also
include a provision requiring individual 'tten notice to all residents in the adjacent Verano
development regarding when construction is likely to co ence, how long it will last, the
allowed hours of construction, and the n. e and contact info ation for the noise
coordinator.
15. Prior to the issuance of grading pe 'ts, a haul route for trucks accessing the site during
construction shall be submitted to the South San Francisco Engineering Division and the
To of Colma Public Works/Engine sng Dep ent for review and approval. The route
shall provide the most direct route from the regional highway system to the project site and
avoid, to the extent possible, streets with residential uses along th
16. Prior to issuance of a building pe it, the project developer shall submit a report from an
acoustical engineer to verify that the noise from operation of all proposed air conditio
fans and exhaust will not exceed 60 dBa at the bound. 'es of the ptoject site.
17. At least sixty (60) percent of the co ercial sq e footage must be occupied by the
following land uses: Eating and Drinking Establishments; Food and Beverage Retail Sales;
General Retail Sales; and Personal Services.
18. Prior to final inspection, the applicant shall provide test color s. pies on the building, based
on the "Benja 'n Moore 2128-10 Black Beauty" color scheme, for review and approval by
the Chief Pl. er prior to completing final exterior painting.
Conditions of Approval
Page 3 of 9
19. Prior to recordation of the Covenants Conditions & Restrictions (CC&Rs) with the San
Mateo County Recorder, the applicant shall revise the CC&Rs to include the required
provisions described in SSFMC § 19.36.040, as well as a provision giving the Homeo ers
Association, or architectural review co ittee appointed by the Association, control of
aesthetic aspects of the building such as the treatment of windows and balconies. The final
CC&Rs shall be subject to review by the Chief Pia er.
(Pl. ng Division contact: Billy Gross, Associate Pl. er 650-877-8535)
B) Engine- eng Division requirements shall be as follows:
1. The Applicant/Project Sponsor shall comply with the Engineering Division's "Standard
Subdivision and Use P - et Conditions for Townhouse, Condomini and Ap. ent
Developments with Private Streets and Utilities", consisting of eight pages. These conditions
are contained in the Engine 'ng Division's "Standard Conditions for Subdivisions and
Private Developments" booklet, dated January 2009. (Copies of this booklet are available at
no cost from the Pl. ing and Engine eng Divisions).
2. The preliminary Site Plan (which is detailed on the Preliminary Grading Plan, Sheet C-2)
shows that the applicant proposes to extend the existing curb at the westerly corner of the
intersection of Mission Road and McLellan Drive into what is now the Mission Road
southbound right- lane on to westbound McLellan Drive. The existing northbound left-
turn from Mission Road into westbound McLellan Drive is a double left- and this bulb-
out will restrict the this ing mov ent for trucks and may force th to drive over the
curb to complete the
The proposed four angle parking spaces are problematic, as vehicles backing out of these
spaces will not be able to see vehicles making a left from Mission Road and long
vehicles, such as delivery trucks, will extend into the McLellan travel lane, blocking through
traffic. If parking is desired at this location, the developer and his/her engineer could propose
two angled parking closer to the project driveway. This would provide some queuing length
to westbo d traffic from Mission Road from any vehicle reversing from the said parking
spaces. It would be acceptable for this corner bulb-out to extend 8 feet from the curb on
McLellan Drive to provide a landscape area and to protect cars parked parallel along the
street, but the proposed 15 feet n. owing of the roadway may be excessive.
The Developer's civil engineer should design the parking according to Section 20.74.110 (a)
of the SSF Municipal Code. It is a reco endation to keep at least 40 feet of McClellan
Drive from the end of the b re at the Mission Road intersection towards El C. ino
Real to be free of parking.
3. The applicant's plans need to indicate where the project's s etary sewer lateral will co ect
to the public main. If it is proposed to co ect to the To of Colma's 18" sewer main
adjacent to the site within Mission Road, they will need to obtain Colma's pe ission to
co ect to this main and also an encroachment pe it to trench into the street and co ect the
development's sewer lateral.
Conditions of Approval
Page 4 of 9
4. In co ection with the grading, development, building construction and occupancy of the
subject residential apa ents, the developer shall prepare and submit for City approval, three
copies of a Sto Water Pollution Prevention Plan (SWPPP) for both construction and post-
construction activities, that will result in the filtering of sto water off from the site, so
as to prevent silt, debris and toxic materials from being discharged, transported or blown
from the site and entering adjacent public or private property, Mission Road, McClellan
Drive or the public sto drain system.
5. The applicant shall coordinate with the Technical Services Supervisor, Cassie Pruhdel, for all
sto water issues. Plans and specifications for the sto water facilities shall be prepared by
the applicant's civil engineering consultant and submitted to the Engineering and Water
Quality Control Divisions for review and approval.
6. The Developer shall sub 't utility reports and traffic studies for review and approval. The
Developer shall pay all fees to peer review all reports and studies. The developer shall be
fully responsible for the design, construction and irnpl- entation of all approved traffic and
soils engineering mitigation requirements. All work shall be perfo ed at no cost to the City
of South San Francisco.
The Developer shall address all comments listed in a Geotechnical Peer Review letter
prepared by Cotton, Shires and Associates dated May 13, 2010 prior to the final draft of the
enviro ental doc ent. A copy has been attached to these conditions of approval.
7. The Developer shall reimburse the City for all costs to plan check and inspect the subject
development in accordance with the City's Master Fee Schedule.
8. Prior to completing the last phase of the development, the developer shall repair, reconstruct
or replace any broken or damaged sidewalks, curbs, gutters, driveway approaches and
pay- ents, along the entire McLellan Drive and Mission Road frontages of the project, to
confo to c ent City standards. This work shall be perfo ed at no cost to the City of
South San Francisco, in accordance with City standards and to the satisfaction of the City's
Construction Manager.
9 In accordance with the Municipal Code, the exit driveway on to McLellan Drive from the
ap ent project's internal parking lot shall be posted with an R1 "Stop" sign.
10. The applicant is advised that any work to be perfo ed within Mission Road may require the
approval of the design and an encroachment p it from the To of Colma, if the work to
be perfo ed will be accomplished within the Town
1 1 . Grading, Hauling and Encroachment Pe its will be required for this project. The Developer
shall pay all p it and inspection fees, as well as any deposits and/or bond required to
obtain said p - its.
(Engineering Division contact: S. Bautista — 650-829-6652)
Conditions of Approval
Page 5 of 9
C) Fire Dep. ent requirements shall be as follows:
2. Fire sp ler syst
1003.3.
3. Install a standpipe syst
and pe it.
1. Install fire sp ler system per NFPA 13/SSFFD requirements under separate fire plan check
and pe 't for overhead and underground.
16. Provide fire extinguish
shall be central station monitored per California Fire Code section
4. Install exterior listed hom/strobe al
per NFPA 14/SSFFD requirements under separate fire plan check
device, not a bell.
5. Elevator if provided shall not contain shunt-trips.
6. Fire ala plans shall be provided per NFPA 72 and the City of South San Francisco
M icipal Code.
7. Buildings 4 stories or more will require a modified smoke control syst
is required before building plans are approved.
8. The minimum height clearance for the entrance to the project for
6" per the California Fire Code.
11. Access road shall have all weather driving capabilities and support the imposed load of
75,000 Po ds.
9. Plans are to confo to Building codes and the City of South San Francisco M cipal Code.
Section 15.24.130.
10. All Non parking space curbs to be painted red to local Fire Code Specifications
12. Road gradient and vehicle t widths shall not exceed maxim allowed by engineering
depa m ent.
13. Provide fire flow in accordance with Califo 'a Fire Code Appendix
14. Provide fire hydrants; location and number to be det
throughout the building.
ined.
. A rational analysis
ergency vehicles is 13'-
15. All buildings shall provide pr ise identification in accordance with SSF municipal code
section 15.24.100.
Conditions of Approval
Page 6 of 9
17. Provide Knox key box for each building with access keys to entry doors,
electrical/mechanical rooms, elevators, gates and others to be determined.
18. The access at the east side of the property does not have the code required access.
19. The minim road width is 20 feet per the California Fire Code.
20. Project must meet all applicable Local (SSF M scipal Code, Chapter 15.24 Fire Code), State
and Federal Codes
21. Local Fire Code and vehicle specifications and templates available at
http:ll .ssfnet/depts/fire/prevention/fire_p- its.asp
(Fire Dep
. I
ent contact: Luis DaSilva, Fire Marshal — 650-829-6645)
D) Water Quality Control Plan requir
1, A plan showing the location of all sto drains and sanitary sewers must be submitted.
2. Encourage the use of p - ious pavement where possible.
3. The onsite catch basins are to be stenciled with the approved San Mateo Countywide
Stormwater Logo (No D ping! Flows to Bay).
4. Sto water from the entire project must be included in the treatment system design.
(Sto water treatment systems must be designed to treat sto water off from the entire
project.)
5 Sto water pollution preventions devices are to be installed. Prefer clust - g of structures
and pav- ent; directing roof off to vegetated areas; use of micro-detention, including
distributed landscape-based detention; and preservation of open space.
ents shall be as follows:
A combination of landscape based controls (e.g., vegetated swales, bioretention areas,
planter/tree boxes, and ponds) and manufactured controls (vault based separators, vault based
media filters, and other removal devices) are required if the options listed above are not
feasible. These devices must be sho on the plans prior to the issuance of a pe it.
If possible, incorporate the following:
• vegetated/grass swale along perimeter
• catch basin off directed to infiltration area
• notched curb to direct off from parking area into landscape
• roof drainage directed to landscape
• use of planter boxes instead of tree grates for sto water treatment
Manufactured drain inserts alone are not acceptable they must be part of a treatment train.
One of the following must be used in series with each manufa ed 't: detention basins,
bioretention areas, vegetated buffer strips, or swales.
Conditions of Approval
Page 7 of 9
Treatment devices must be sized according to the WEF Method or the Start at the Source
Design. Please state what method is used to calculate sizing.
6. The applicant must submit a signed Operation and Maintenance Info ation for Sto water
Treatment Measures fo for the sto water pollution prevention devices installed.
7. The applicant must sub st a signed maintenance agreement for the sto water pollution
prevention devices installed. Each maintenance agreement will require the inclusion of the
following exhibits:
a. A letter-sized reduced-scale site plan that shows the locations of the treatment measures
that will be subject to the agre- ent.
b.
c.
A legal description of the property.
A maintenance plan, including specific long-te maintenance tasks and a schedule. It
is reco ended that each property owner be required to develop its o maintenance
plan, subject to the municipality's approval. Resources that may assist property owners
in developing their maintenance plans include:
i. The operation manual for any proprietary syst purchased by the property
owner.
8. Applicant must complete the Project Applicant Checklist for NPDES Pe it Requir- ents
prior to issuance of a pe it and re to the Technical 5 - ices Supe . sor at the WQCP.
d. Proper maintenance of landscaping, with min al pesticide use, shall be the
responsibility of the property o er.
9. Landscaping shall meet the following conditions related to reduction of pesticide use on the
project site:
a. ere feasible, landscaping shall be designed and operated to treat sto water off
by incorporating el- ents that collect, detain, and infiltrate off. In areas that
provide detention of water, plants that are tolerant of saturated soil conditions and
prolonged exposure to water shall be specified.
b. Plant mat *als selected shall be appropriate to site specific charact sties such as soil
type, topography, climate, amo t and timing of sunlight, prevailing winds, rainfall, air
mov ent, patt s of land use, ecological consistency and plant interactions to ensure
successful establishment.
c. Existing native trees, shrubs, and gro d cover shall be retained and incorporated into
the landscape plan to the maxim extent practicable.
e. Integrated pest manag- ent (IPM) principles and techniques shall be encouraged as
part of the landscaping design to the maxim extent practicable. Examples of IPM
principles and techniques include:
Conditions of Approval
Page 8 of 9
10. Source control measures must include:
• Landscaping that 'nimizes irrigation and off, promotes surface infiltration where
possible, minimizes the use of pesticides and fertilizers, and incorporates appropriate
sustainable landscaping practices and programs such as Bay-Friendly Landscaping.
• Appropriate covers, drains, and storage precautions for outdoor material storage areas,
loading docks, repair/maintenance bays, and fueling areas.
• Covered trash, food waste, and compactor enclosures.
P1 bing of the following discharges to the sanitary sewer, subject to the local sanitary sewer
agency's authority and standards:
Discharges from indoor floor mat/equipment/hood filter wash racks or covered outdoor
wash racks for restaurants.
Dumpster drips from covered trash and food compactor enclosures.
Discharges from outdoor covered wash areas for vehicles, equipment, and accessories.
i. Select plants that are well adapted to soil conditions at the site.
Select plants that are well adapted to sun and shade conditions at the site. In
making these selections, consider future conditions when plants reach maturity, as
well as seasonal changes.
iii. Provide irrigation appropriate to the water requirements of the selected plants.
iv. Select pest-resistant and disease-resistant plants.
v. Plant a diversity of species to prevent a potential pest infestation from affecting
the entire landscaping plan.
vi. Use "insectary" plants in the landscaping to attract and keep beneficial insects.
• Swi ing pool water, if discharge to onsite vegetated areas is not a feasible option.
Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option.
Roof condensate must be routed to s. 'tary sewer. This must be shown on plans prior to
issuance of a pe it.
11. Install a separate water meter for each co ercial unit.
12. Install a separate water meter for landscaping.
13. A construction Sto Water Pollution Prevention Plan must be submitted and approved prior
to the iss ce of a p
it.
14. Plans must include location of concrete wash out area and location of entrance/outlet of tire
wash.
15. A grading and drainage plan must be submitted.
16. An erosion and sediment control plan must be submitted.
Conditions of Approval
Page 9 of 9
17. Applicant must pay sewer co ection fee at a later time based on . ticipated flow, BOD and
TSS calculations.
18. Must file a Notice of T
19. Please have applicant contact Cassie Prudhel at Water Quality Control with any questions.
(650) 829-3840.
(Water Quality Control contact: Cassie Prudhel — 650-829-3840)
E) Police Dep i ent requirements shall be as follows:
(Police Dep
ination with the WQCP when the project is completed.
The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code,
"Minimum Building Sec ety Standards" Ordinance revised May 1995. The Police
Dep ent reserves the right to make additional security and safety conditions, if necessary,
upon receipt of detailed 1 revised building plans.
ent contact: Scott C. pbell — 650-877-8900)
Exhibit B
Affordable Housing Agreement
P153
s
CO G UESTE BY:
F
C
CITY
SO
s
d.
s Aff rlable �r r �usin A � ee �� �.e � r Below r ;f� .1 l e le « e (" Agr e ernent " )
e t red l o as o °:J1 is ' ,y 2010, by betwee between l 11e Ci 11 r l
sc l ("City" tiy evel ). City an
vel 11 er are h reill after cell ctl ly referre r. to as he "P ties."
I AS, Cha ell2 .125 f
ergs for loci t sion ary Ho sing
locat d 1.
y describe
10�9 i,������,����
N 11 °I. CO
ECON tIiC C
C TY C1` U
G 111 1 JJ J AV
E
E:l %Ir AS Developer is a fee simple owner f °;laat ce rfc : rf perty
City of Sou °,1 S Fr ,lll cisc � State f C .l.l o 1 i , t lr more
A a eret
icp
TY iL►
S r
AVE
F C SC i CA 94
,Afford ent
AIL TO:
iJar, /I'1I III 111
Ex
AFF X11 USA'° J G A
F LOW MA
s, 'r;11 a Y evel r r intend t construct twe l.ty (2
feet an d has lib ittet . sit evel •pll e1 p1
NT AR' ll I r ,NT
CIS
RECITALS
P154
E
Sou .11 .11 Fr nci co
clus r 1 r si
s
leif al(Io eses
, , ce")s ,11. d
rW -sale housing s
oject;
Re
ere
e
AS, as
City f So 1 ► ;; . F
a R velr p
ity Cou ;l ;cif on It ece
estrf lye •r :l` ; ;; ;rove
AS, ;; e Pr per y 1; within 'r,l c El C
ject Area ") i the City t and is subject to rovisio
vei.r p ; ;1 ;.eat i „; ("P(edeve1o.xnent l ;� � th e
City J f Sout San Fr l cisco ; July 14, 1993.
s it ;1; ;fey be s ; ;bsejuently ; e
as thou lly set forth ; e;
2.
3.
w
ber
1. As co
Developer r all
ava;lai le ; ; ; ;1r sal
sell ole(1)two-he
does n t exce d six
ousehr id") f lr a S
Statistical Area pubs
djuste
ual gr s s
o t * -bedr
ercent (1
whose u 1
el i1 c, e
. oa .r �
lusi
moot e for Lo
.1 ;, ; ;; 3 ,J'e ;. , a ; ;a
w c. ;r ; ;0 ;1.t , rxis is
has cce ;s tJ e; ;;
► : + i b1e H usir ; , , e
13 9 Mission Rr .
EREAS, ;1wf e eveloper p J, roses
elow M ke Rate f knits (efiie
1
0
III
of
s
The
t
s
e
nd
it
Neel
ex
g
tly
l
fl
c
she
e �
e
at fo
e
00
pence
e
e
10
1
C0fl r tjo; r ; eve
cisc R devel p
eat d the Ci
her 12, 2101, as it ap
r
ol; the Pr pet if e
e City
ti rf, ;; ;; off evelo
4) units
ket Rat
ousing u
t (
te u,iiy
edi
excee
o seh
djusted
e oes
o erate-
yme o ; ;1''; o
y
f
Corrid 'r III' ;.
s of the El
meet Area ad
e Re J evel ;; l e
ed, is ; cerporated herein by refer
e
c
ru
whos ;11 1a1
edit ,;; .c l «..l.e.
exceed h
me H.usehol
per s1l11.11se lo
e se f a fo ..s le
ce at d r
Berate- 1;lc se
Market R e U:l,its sh
ercial r;; 1 po
c
lie
s
CC
2
t
1
e ;; ;tot1 e
ent A elcy's h
clusi n
p
e
AG a,m,
�1 ; ; ; ;f ; °rl
• 'ts (the el
Project to
e 1;l.adjuste
of e S
p
') o
s
0-
t (
gross
d ne
)5
eting these rewire e1 is by sel 1 'l g e eq ire
elow);
evelper a as rr llo s:
de is c 1; e
ket Rate U
et
or,sehld
A)
]Pr° ;c.isco Pri ;; ;ary Metre; slit
I us l ; Uri evelop
e :; 1 f, : , ;; ' 1t ; ` a ,l r ;1 s ; ;; old wh
of t e ; ;11; j ;;stJ ;; ; ;edi
c ; ; ;;;e does not excee
e f o mutt
e t (11 O %) cif 'lip a ; j;„ t
ject, a - o �%evel per «..' ;gust co y with
usin p licies �; . J1ro a l,s as set
using Or ce :d e by � .e
10 ;1 o dab le ; ousi
0
eve *pig l e ]Pr ij ect Area
Corr r
e by the City C ; cil
t p1 y ;... s it , r, + ;W exists
ucf me a
reject on the
lts a s
to U
ose
e ( "Lo
e U: ;; itts at a p ;l +ca ` ;; ,;.st will . re ;u1t i
as ; J` pled Section 21.125. 21 of the
t excee thir pet ;ce ;; of the l r s t; ly
djuste r ; o, ; s ;; ld size.
11 be' e e ; . cl seJro i
ati 1t c rri .or. The 1 ;, ev ;1op er
r
o Market Rate U 1 its s it is el
es, urb ;; sr, . r`ices d .l sl o ti
SI
Co
c t ese
eveloper
T ess inc
e:n 11..s
se
ne ed
a ;;; ousehol
�rf the El
City
se pr xi
citifies.
1
s.
c
4. cc r,Jp ncy r l below
occ r 1 r? , f cy of 11 t ; 1:1 ":far et x,,, ,te twits 1 cate
as of J, e ate t e first unit is ccupied n
J. tr ll l .its shall remain in ffect ve��
occupief.
5. evel
es a Restri
Exhibit ll �`:l esale
rec e. ag ,i. is th?;; p
for , cich e10
c
a
res
s`f c
s
.b1e_
e e :i 11 el
6. evelr per shall sell
rite- ° comeI J °use; old p
e City's First Time l' f oll 1 ebu;1 A
unit. At tii e time rig f s le, ev l
Isl ive 1'llr cessing c
nit, fr �:l i.+:.1 rr ay include F s
oc l ssing fees for First Ti e I Jf e
Develo er s
all in
less the Cif ,ll its officials,
y all lasses, liil� , clais
legedly of l s1 if ut of r re
cc it 1 f npellFf r dfy 11 , r l ce
ass eglige.ce or will 1 isc
e ex j ti r tell f,.l ,,.11 a
m the burl ens of r:l s A'i'r
acs
e Inc
1s
7. 'T . B 1ow Market
1
ctir:l,: set fort
cve a :lets, c
pass to %:1 be
ut re 1 to tec
A e Housing Agr
1 °sip n R
ket / , a
s.l1l ,ll req
ht of Firs
estric 1.
cal c
e I
g
e
sh
e
.
h Ifes1 Res ll�lc
arket Rate
ket Rate J its s
1 or ells fifty-five (55) ye
is srid. The l estrictiols sh J1 a
ee
the
M
t to Sect
i istator
Y
10
th
11
eveloper hereby subjects
i l; is Afire 11 l l t. T
diti . l° s and res
1 clfssiff l ,;tio
sur: 11 cover ants shall f
cnt hereafter exec l ' applica
cell clusively be 1lllel ll to ave b
ve fll1 s c iti ns es ctins, reg
s
ell It
e
elow
P
es iJ1cu
e I....J o
uyer 1
.
e It is s:ll all re ain
eveloper shall p
i
ative process ' ,.g c gists .Il 11 ees
y include resrnable atto ey's fee
si *n :f II us Or :hi ce.
. .
ify, , .., en. vii ,I: counsel s lec
cers, ei 111ll., loyees, a e:ll .ts, v
ctio s, ,.la ca
r r the Proj ct,
e 1 is Agree ent, except t
ct elf th l.ty. l.`:I a :rovisi s
D.
i Agrr+,e ent ,1 any releas
ket ] ate U1its
01 l l r11 o
e Prole
event al
ye
1A a t 5 ;1J i s
1
3
t
1
an el'
1
alify
altliis ve fee to
ed 1r1 prcessi g e sal
yr r A minis at r fees
s by thrr City °1 11 eli
ket RJte
n 2. Develope
nti
d cuss
e e1
istrative fee ,t
rr t
ed r c
is
rket
all b
r
e f
te
s
t the coven
es hereby eci
5 S e'ee111`;I.e c!ve
er's successors in title to
or w `r i..f sh 11 e
vor o f «.1 °:l.e Ci .1 ach
to or coil, vc /'11 he P
execu ' elivere
11,ss , whe
er -occ
re b 11 ;e the City for 1
sil g e,J.l r Viable lfusil .11
imple 1.eiting ' 1: e rf q l ire ants 0
ket
ding
every c
e or .11.l.y o
acce iced subject to such
sl,llch c ven,l»ts, con liti.ns
estf blis:1 r col c 1 I e tly wi
eat shall be effective
ket
its o e ,,<< ecome
p
ts,
1
e be
ct,
nits to xecute
:ll :1e fo rt. att the h re
A J e shall ' e
of c1 of escrow of sale
ai.n restrirte
ac 11 l f l e:ll cin on the
ly to ll sull se ue t buyers.
e
bi!�1 e e
of the :11e
d costs
e y er.
s.
c *nditioll:s
.
express n e
in
rope
for
x le 1L. w- an
rk wi iU e City
e buyer f
d
el
All cove
efit o
s
a
y`,le City , h.i
e s fr mll d against
s of act n arising f r
e , or Develf per's
t ,1 is:llg ll °'J 1.e
is sectit:l shall s it , 'ive
r a f the Prf.pe
1
at all
r r ,» er
iereof
1
alts
e
restric
rec r
e iss
II m
11.
c t c
Pr ect
p s
s tic
m
081
evel
tto
e
lief t
m Ji
I dm II II
&livery 0.
12 .
f4rff,.bL erei
relem
ective
this .Are
ed.
se,
s are se
e P
ce b
eh
A
Trnsfere
accepti
er shal.
eys' fees, i
1M II
14.
er iiii,s e
e c4urts of C
N e
rr i
15.
ti
II
fl
voi
Pr v
u.
e
y
c tio
C N
e om
a prov
1111
16.
Agr dement is inv.
sh refli i in i..
A. eel eewe.c.t s
Aff r able usin A
3 9 Missi
If a
ce
m
ic
*
1 0 II II II
1
e ent
eve!
5
b m .se City for
in reviewi
ss e t
SU
e
a
a c lents t
approv
tliirig, Lowev
yi the 1.c
f�i i i e Procetn
oft
e t, the
CO
er :r
ay se
MM m
VO
oree
v id o
0
ex
111
the ale
eve
0
velo
e y evelo
have 40 rt
info
11
e
n 11
its f
the
1.
m
e Co
act, deed or
roc r a
Pr
111
e State
the
a
11
y
11 Cit. c s, inchadi
ents
costs.
is A ee
t
11 prey
an,
e ' fees
eA e o
„,
th
111
ect.
ffect the v
ir
Ilh.
5
I I
A ce e t
vent tba
h.at
S C
t
M
m
1 411 JO
he pr
e va
F ity of a y
4
t er ins
, a
.k.e
.e
sfer is to
ses
r ssi.
ree r assi nee
e. :i : .e fJ,t 1.0. f
m
ni s
n
. 7
7
b
visi
ve
011
this A
er ctio
I be
y
o shall g ve
ler pal
s c
co
8
It
MI m 1M m
b
11
m
e II its to elig,i.bble Low
r ny part
c 1i9iiity c Thy
e Pr ject, (ii) the
divers t4 the City
"Tr crec"),
ubst c re
er n
0.
•
.
f the Be o
,,, '
li
at
, y cti. ri 1UCi
's A,.... e . '0.e prev
Ti. • in, a sep a
11......it
a y .. i relief t.
f this A
le or in a
pr visi
Ilt
m
O CU
te
U
cer
this A ree
s
0e veste
iite9. St tes
im
.hm A..,gree t sh
111
e
eing roeesse
jj
re :s
ys
co
eve jffe.
ich rele
en.tati. by
p rove
t Rate U
y
, .A
ith t re
inst the th
excl isively
s t our
m
v
th,
ly s tis
I dm
it
e
Ci
•
M
a
s
uovisi
eem ent,
5
to
s set
all b
e sh
y a
e
ctio r dee! r
a mil be
ic y be
act' b o r that
ed
is
yet
DE
I I II
1111
A
1:10
7. Any n tiee
re e„.. ued, or reliodo ov
Dev e :
) 1e
Exhibit B
N
b vc.
inted:
Exhibit A
Legal Description
1111
Notwit st n
ALeeflJe.t Sb ii 1.e iten.rete
ci c
E
C of S n Fr cisco Ci C
d Aven.ue
S ut S Frn
III II
g
all be n.
co Ex to ate
s rovisi of this A eer
accsraoce with the r visi. C
1 1 1 1 1 1 1 1 1
SIGNATU
5
able }I.usig A eenc i it 5
ission d
UST
By:
P158
„...s
es riave exec
e
II II m
CITY:
CITY OF 1,
II II
APPROVED AS TO FO
Steven T. Mattas, City Attorney
E NOTA
r re
respectiv
his A
ZE
I I A'
11'
ster
II 11,
II I'
e
F
ail, re
set
•
25
s ofthi
11
II,II
NCISCO
rn receipt
el
e
Foil of Resale Restriction and Option to Purchase Agreement for Below Market Rate Property
ttac
E IBIT A
Property
gal
JJr
159
Recording requested by and when
recorded mail to:
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attention: City Manager
EXEMPT FROM RECORDING FEES PER
GOVERN NT CODE .6103, 27383
RESALE RESTRICTION AGREE NT AND OPTION TO PIJRC %SE
Form of Resale Restriction and Option to Purchase
Owner:
E IBIT B
Name of Development: 1309 Mission Road
Property Address:
South San Francisco, CA 94
Exhibit B: Fo of Resale Restriction and Option to Purchase
Space above this line for Recorder's use.
NOTICE: THE ' ARE RESTRICTIONS ON THE SALE OF THE PROPERTY YOU ARE
BUYING. EXCEPT FOR A TRANSFER TO CITY OF SOUTH SAN
FRANCISCO FOLLOWING EXERCISE OF ITS OPTION TO PURCHASE, T
PROPERTY MAY ONLY BE SOLD TO AN ELIGIBLE HOUSEHOLD AT A
PRICE NOT TO EXCEED THE ADJUSTED ' ° SALE PRICE WHICH IS
CAPPED AT AN AFFORDABLE HOUSING COST. ALL IMPROVEMENTS TO
THE PROPERTY AND LO S SECURED BY THE PROPERTY REQUIRE
PRIOR TTEN APPROVAL FROM THE CITY OF SOUTH SAN
FRANCISCO.
P160
This Resale Restriction Agreement and Option to Purchase ( "Agreement ") is entered
into as of this , 20 (the "Effective Date"), by and between the City
of South San Francisco, a m a icipal corporation ( "City ") and
[an individualla m :led couple] ( "D er"). City and Owner are collectively referred to
hereinafter as the "Parties."
" wner :nt:fs pQ, :II hose t lle
.
City if S : �, : :: Pry Cisco
d J .co :1 fjs a:: ate . :l ere il by reference
NO
Ci: hereun e
The Pro e :� , , was constru
i ci Cede (1[nchis
e .: ous.lg as .: r usi
C. rr u t t1 e A ,
of e1ow) at a price
House: fl: to record
D :fie p : ose oaf s A ll.ee/ is ina i t . d r,�� e :�1 Pro 1 :1e
%east t�� :: r � � f p" as
for able t. Eligible I. o seh lds fo he 10 crest fea ii 1 � � prevent Flit a ; , .
b e ti �: 1 �.. :d
se u n urc lasers us g t Pr r u oses l :co atible wit c1usi. n
r . a
e �� re . izi n te, earns Jrtrn sales s.f t e Pr at , l es 1 l cte races.
Defi
Section. A itio al
(c)
ty, Ca 1i l:
d b 11 evel
e de
co e talc l .l
the City.
4
) "A
p
a
a
ste
II 11
to
y
p
eve o:l er is re
at will result
s Agree e
j
ianI
ste for
1
n
operty loca
ore
t t C 1 aJ:ter 20.125 f 1 :1 Sou p :1 S F
crsco
ce"), wry ic: re tuires eve ers to set a 2 /0 of
t ole :: -inc a :i: Ise: , the A r
o - ��1 nc
l. � <<,, o,_ � 1 �}�� ��ol�r'15 � ffo �.ab1
, 20 by „1 :d bet -reef the City
ai
E. Tn c sl.: r t l '1: 1 :1 a eco : :: c l ene::its to r result:
a.
P o l�:e :': at a �e1ow : :: : :et :°Ice, t: i A + ,: :: t res' a ::
p �l`s r� �1� :e� �cts c �
.
spec f s, : 1 r 11 g r re ui el, eat :. a r rty 1 :,
r : s :t eP ,pe ayo
seholds. is A ire : ::elt als proves the City an ptio
res :', j cted : :1 ce.
1 Resale Restri{ctit n and Option t. P hase 2
0 sell 1: :: l'ro erty t , :: Eligil.le I louse
1
or t e :l e :1' l g C st or : :e Eligible
e Pro erty.
c : : :: e" or
o:f sell .f : :id size,
1 ) pursual..t t the 'U:
ceases to :::ke sue :. detell atio
d : sup t reasna :ale me
ALS
es
blis
ite
Ji
e
4
e»lne in Secti :1 1.
e ea
by
St tes 11 Ho
c lase
resale e P
sferred t; Eli le
to p r rc se e .1. pc . at a
in nsiderati f the benell t received by
City a; f,ee as 11.,o11lors:
s l: e wi t s s 11 :I:: av °J r I J: s set forth
e :1 :%:
o,
s arc � l : ned 1/ J : :: Recit ,,: ,; :1 text o :l l eeme1 t.
m �, r
r bie IC usi fJ Co f " s: w all eve e : e l ,.i: , : se ed to sue s. t
Calif° n,a.l.lea :1 : :and5;.11e Co .e
ectl ��: 5 f 52.5 r J ucmcessor ���ro�isi�1:1 and �, ..� � ti o. 1, a� �� e� re tio: s
ro ° : :: fated - s :J : :1eret
co. fo.11S ,. ` :ate
t of"- ous
s Act of 937, as
an e sl: :all be 1tc : :edi
e c1c ui.a
.S. D
r
evelop
g
y
(i) "Principal Resis ence" means the place where a person resides on a substantially
full-time basis during not less than ten (10) months per year.
(d) "Base Resale Price" is defined in Section 15.
(e) "City Opti n" is defined in $ectiori. 8.
(f) "Eligible Househol means a household whose Gross Income does not exceed
(g) "Gross Inc e" shall have the meaning ascribed to such te is m Section 6914 o
e 25 of the California Code of Regulations or any successor thereto.
(h) "Notice of Intent to Transfer" is defined in Section 10.
0) "T.
percent
4. Ma@nten ce.
(k) "Transf as defined in Section 6.
%) of the unadjusted Area Medi a Income.
s a period of fifty-five (55) years froti the Effective Date.
2. Princi i al Residence Res ui ement. The Owner covenants and agrees that Owner
(i) shall occupy the Property as the Owner's Principal Residence throughout the period of ti # e
that Owner o i s the Property, d (ii) shall not rent or lease the Property or portion thereof
d 'ng the Te i of this Agreement without the prior written consent of the City. Any lease or
rental in violation of the provisions of this A. eement shall be prohibited and void. Upon
request of the City made from time to time, Owner shall provide a itten certification to the
City, in f'o « provided by the City, that Owner is occupying the Property as Owner's Principal
Residence and that 1 er is not renting or leasing the Property to another party, and shall
provide such doc ents a d other evidence as City may reasonably request to verify compliance
with this Section,
3. Affordabil: Restrictions. Owner, by and for itself and any successors in interest,
hereby covenants and agrees that the Property shall be sold only to Eligible Households at a price
not to exceed the Adjusted Res e Price (as define in Section 15 .id that d sng the Te of
this Agreement all of the requirements a d restrictions of this Agreement shall apply.
a. The 0 i er shall maintain the Property, i1uding landscaping, in good
repair and in a neat, clean and orderly condition (and, as to landscaping, in a healthy condition)
d in accordance with all applicable laws, rules, ordinances, orders and regulations of all
federal, state, county, m s icipal, and other governmental agencies and bodies having or claiming
'sdiction and all their respective dep: lents, bureaus, and officials. Owner shall not com a. t
waste or pe it deterioration of the Property, and shall make all repairs and replacements
necessary to keep the Property in good condition and repair. Failure by the Owner to maintain
the Property shall constitute a default under this Agreement for which the City may exercise the
of Resale Restriction and Option to Purchase
•
remedies provided to City hereunder, including without limitation, the City Option to purchase
the Property pursuant to Section 8 below.
b. In the event that the Owner breaches any of the covenants contained in
this Section 4 and such default continues for a period of ten (10) days : fter itten notice from
the City with respect to graffiti, debris waste material, and general mainten. t ce or thirty (30)
days after 'tten notice from the City with respect to landscaping and building improvements,
then in addition to a y other remedy City may have at law or in equity, City shall have the right
to enter the Property and perfo i or cause to be perfo • all such acts and work necessary to
cure the default. Pursuant to such right of entry, the City shall be pe • itted (but is not req ed)
to enter the Property an perfo • all acts and work necessary to protect, maintain, and preserve
the provements and landscaped areas, and to attach a lien on the Property, or to assess the
Property, in the-amount of the expenditures arising from such acts and work of protection,
maintenance, • d preservation by the City and/or costs of such cure, which o s t shall be
promptly paid by the 0 • er to the City, plus an a• u. a istrative charge equal to fifteen percent
(15%) of the cost of such work upon demand.
6. Transfer.
5. Insurance. The 0 ler shall • aintain a standard .11 risk property insurance policy
equal to the replacement value of the Property n ing the City and its elected and appointed
officers, officials, employees, representatives and agents as additional insureds. The 0 er shall
provide the City with evidence of required insurance coverage upon City's request.
a. Restrictions on Transfer, Except as provided in Section 6 . throughout
the Te • of this Agreement, the Property may only be sold or othe ise conveyed to Eligible
Households at a price not to exceed the Adjusted Resale Price def i ed in Section 15 below.
There shall be no Transfer of the Property without the City's certification that the transferee is an
Eligible Household and that the Property is being transferred at a price not to exceed the
Adjusted Res le Price. "Transfer" means any sale, assi • ent or transfer, vol Itary or
invol itary, of any interest in the Property, including, but not limited to, a fee simple interest, a
joint tenancy interest, a life estate, a leasehold interest, an interest evidences by a land contract
by which possession of the Property is transferred and Owner reta*m s title, or a deed of trust.
Any Transfer without satisfaction of the provisions of this A eement is prohibited and shall
constitute a default by Owner for which the City y exercise any of the remedies provided
herein, including without limitation, the exercise of the City Option pursuant to Section 8 below.
b. Pe itted Transfers. Provided that the transferee assumes, within 30 days
following *ften request by the City, all of 0 a er's duties and obligations der this
Agreement pursuant to a itten ass ption agreement in a fo a acceptable to City, or at City'
election, execution of an agreement substantially s • ilar to this Agreement, the following
transfers ('Permitted Transfers") of title to the Property or of any estate or interest therein,
shall not be subject to the City's prior approval, shall not trigger the exercise of the City Option,
and shall not be considered Option Events: (i) a transfer to an existing spouse or domestic
partner; (ii) a transfer by an Owner to a spouse or domestic partner where the spouse or
domestic partner becomes the co-o er of the Property. (iii) a court-ordered transfer of title to a
o Resale Restriction and Option to Purchase
P163
tJJ.
t
li
Fo
c
ea
e
Ilh
tiie c
ml
e re
Sec
e
y
c
e
estic p
s
v tr ..er y er i
er co ue, t ocem mpy
estic m mer" s a
mave live together co
sible ftu isic iivig expenses
t be p rs rts relate
ed me state f
m
II"
ay
•s e
ce by
I I m l
m
s ii *r.vid e
ie
m
m m
11
ale
110 II
e c
exec
exe
0
II 11
er
c.
City with c r
c e i o rLa
its LI lip hie
or her relati
er. ex ce e
to Eli
es e
below.
s cr wi
II II
eb..
er t
r,
e
an
111
c
er tr
Ci
IJJ mce
III
0
c
m m
I I I
ee
c
, he or sh
rice not exce
the Ci
twelve (12)
s .f this
such. twelve (12)-
this Sec .
e y of ..
le re
cisc if ti. e Ci
iction a
m
II
e Cr
roce es s
m
m m
ittei pi in
"
as event, the
sixty ( ys
m
re
e
tiw ts P
0.
r
m
II II
rocee
issw by
ter viv
er by
I ma
f lc
the eve
t r e
m m
III 1 I
II II m
s
es se
is
e
1
eritinp
S ctio
nec n
(slow iberiti
ae
P
c c
I
e
Tr. s
es est
er's
5
P 4
oses
t io
m
m
t excee
t e Ci
r s
a
eritiLLg S ner t
stitu e a efar it u
l in Section 22
th .o
rit
e c
he Ci
m
e iting C
m.; r, or ft nci
or Eli I II e uset
e or she sh.aJi smtecee
d ew c ments
inst the Pr p
e remiu,ire t4 Transfer
e A.ijute Res le Pric
y exercise ri e Ci
.ay ow.
cc
ht ..
en
e perm
„... hall.
11S S
I II II
CC
II m
s by
0
I II I I
fi i. . v
evis
II m
y e e
existin
er is e efic
enc . or
II II
S,A.ree
c loii
r stem chi
eri„.
Res 1.1e Price
ti e Ci
Ci
er.
C hdP
vi
ther a
se
e
oses
ye
tic
m :a
„....
cep
M
11 e
hie
he it ce iiu to
r er„
ys e ate
rovi
er and
t .e rieriti
,e ... ire c
sh
's i,rteres
ei be
Chi]
a
ece se
e Jj,fJe
N
m
m m
ce
H
1.
m
m m
wit!'
f
e City
7. Misreires ntation of Fact as a Material Breach. Owner hereby declares and
agrees that the fmancial and other info a ation previously provided to the City for the purpose of
qualifying to purchase the Property was true and correct at the time it was given and remains true
and correct as of the date of this Agreement, or, in the alternative, the financial and other
info sation has been updated ti be true and correct today. Owner further understands that any
material misstatement or misrepresentation shall be deemed to be a material breach of this
Agreement d shall be grounds for declaring a default, te Hinating the Agreement, or seeking
other such relief and remedies as are appropriate under the circ stances.
8. Grant of Ci 0 tion to Purchase Ass* .40 ent of 0 tion. 0 ler hereby gr its to
the City an option (City 0 floe) to purchase the Property at the Adjusted Resale Price upon
the occ ence of an Option Event (defmea in Section 9) subject to the te s and conditions
contained herein. The City may assign the City Option to another gove 0 sent entity, a non-
profit affor ble housing provider or an Eligible Household. The City's assi ent of the City
Option shall not extend any e limits contained herein with respect to the exercise period of the
City Option or the period within which the Property must be purchased following exercise of the
City Option.
In no event shall City become in any way liable to 0 er, nor become obligated in any
m i er, by reason of the assi ent of the City Option, nor shall City be in any way obligated
or liable to Owner for any failure of City's assignee to cons u ate a purchase of the premises or
to comply with the te • of any purchase and sale agreement.
9. Events Givint Rise to Ri • ht to Exercise 0 stjon. City shall have the right to
exercise the City Option upon the occurrence of any of the following events (each, an "Option
Event"):
4. Receipt of a Notice of Intent to Transfer (defined in Section 10 below);
b. Any acm attempted or pending Transfer of the Property or of any estate
or interest therein, except s provided in Section 6
o Resale Restriction and Option to Purchase
c. Any actual, attempted or pending encumbr e of the Property, including
without limitation by way of mortgage or deed of trust, or by judgment, mechanics, tax or
other lien, except as pr vided in Section 19 below;
' d. Recordation of a notice of default and/or notice of sale pursuant to
California Civil Code section 2924 (or successor provisions) under a y deed of trust or
neon age with a power of sale enc bering the Property.
e. Co i encement of a judicial foreclosure proceeding rearding the
Property or execution by Owner of y deed in lieu of foreclosure transferring o a ership of
the Property;
The occurrence of an Event of Default as described in Section 2 or
g. Any violation by Owner of any provision of this Agreement.
10. Notice of Intent to Tr a sfer Exercise of 0 atio
Form of Resale Restriction and Option to Purchase
a. Notice of Intent to Transfer. If Owner desires to Transfer the Property or
of any estate or interest therein, 0 er shall notify City in writing to that effect the "Notice of
Intent to Transfer"). The Notice of Intent to Transfer shall state the street ad ress of the
Pro erty; Owner's frill n i e or n ai es; the address and telephone n ober at which 0 i er shall
be contacted if not at the Property; id shall be delivered personally or deposited in the United
Stats mail, postage prepaid, certified-re a receipt requested, addressed to the City of South
San Fr ncisco, 400 Grand Avenue, South San Francisco, CA 94080, Attn: City Manager. The
Notice of Intent to Transfer shall be in substantially the fo ii m attached hereto as Exhibit . In
the case of a proposed sale of the Property to a prospective purchaser, the Owner shall sub a t to
the City, together with the Notice of Intent to Transfer, a copy of the prospective purchaser's
income certification, a list of all assets owned by the prospective purchaser, and other financial
info aation reasonably requested by City, in a fo i approved by the City, along with the
income certification to be provided to any lender making a to i to the prospective purchaser.
The City may require the prospective purchaser to provide documentation evidencing and
supporting the income and other financial info ation contained in the certifications.
7
b. Notice of Exercise. Upon the occurrence of any Option Event, the City
may exercise the City Option by delivering notice ("Notice of Exercise") to Owner of its intent
to exercise such City Option sursu it to the te as of this Agreement. The Notice of Exercise
may be in the fo attached hereto and incorporated herein as Exhibit C, or in such other fo
as the City may from time to time adopt. The Notice of Exercise shall be delivered by deposit in
the United States mail, postage prepaid, first-class, addressed to er at the Property, or at
such other address as may a e indicated on the Notice of Intent to Transfer, and delivery shall be
emed effective five (5) calendar days following the date of deposit. If the Option Event
relates to the potential foreclosure of a mortgage under Sections 9 d or e then the City shall
also deliver the Notice of Exercise to the mortgagee or beneficiary a der such mortgage, at such
mortgagee's or beneficiary's address of record in the Office of the Recorder of San Mateo
Co V.
c. Notice of Consent to Transfer. If the City decides not to exercise the City
Option, the City may ive its consent to the °cc ence of the Option Event ("Consent to
Tr nsfer"). If the Option Event involves a proposed sale of the Property to a prospective
purchaser, the City's consent shall be conditioned upon (i) the proposed purchaser's
qualific tion as an Eligible Household; (ii) the sale of the Property at a price not to exceed the
Adjusted Resale Price; (iii) the proposed purchaser's execution of a Disclosure Statement in the
fo a a. ched hereto as Exhibit D or such other fo or fo s as a y be promulgated by the
City; and (iv) the proposed purchaser's ass ption of 0 i er's duties a d obligations under this
Agreement pursuant to a written ass aption agreement in a fo 00 accept ble to City, or
execution of an agreement substantiall similar to this A eement, in a fo s acceptable to Ci ty,
within thirty (30) days after the Consent to Transfer has been delivered to Owner. If the
prospective purchaser (0 fails to qualify as an Eligible Household, (ii) fails to execute and
deliver the Disclosure Statement to the City, or (iii) fails to execute and deliver to the City
assuniption agreement or an agreement substantially si s *kr to this Agreement within such
thirty (30) day period, then the Consent to Transfer shall expire and the City may, at its option,
either notify 0 er of the disqualification, thereby entitling Owner to locate another purchaser
who qualifies as an Eligible Household, or exercise the City Option, as if no Consent to
Transfer had been delivered.
d. Tirne Period for Notice. City shall deliver a Consent to Transfer, if
applicable, no later than thirty (30) days after the date it receives notification of an Option
Event. City shall deliver a Notice of Exercise, if applicable, no later than sixty (60) days after
the date that City receives notification of an Sption Event. For purposes of computing
commencement of the delivery periods, the City shall be deemed to have notification of an
Option Event on the date that it actually receives *tten Notice of Intent to Transfer, notice of
default, s ons and complaint or other pleading, or other iting specifically stating that an
Option Event has occurred. The City shall aave no obligation to deliver Notice of Exercise or
Consent to Tr1 i sfer, and the applicable ti e period for exercise of the City Option shall not
commence to a less and • til the City has received notification of an Option Event in the
manner specified in this subsection. If there is a stay or inj a ction imposed by court order
precluding the City from delivering its Consent to Transfer or Notice of Exercise within the
appli able time period, then the ru a a bag of such period shall cease until such time as the stay is
lifted or the injunction is dissolved and the City has been given itten notice thereof, at which
time the period for delivery of a Consent to Tr sfer or Notice of Exercise shall again begin to
* t
e. No Waiver. If the City in its sole discretion dete ines not to exercise
the City Option y p ticular instance, or fails to deliver a Notice of Exercise or Consent to
Transfer within the time periods set forth in this Section 1.0, such dete ination or failure shall
not affect City's right to exercise the City Option upon the occurrence of any future Option
Event.
11. Ri ht to Reinstatement. If the Option Event is the recordation of a notice of
default, then the City shall be deemed to be Owner's successor in interest under California Civil
Code Section 2924c (or successor section) solely for purposes of reinstatement of any mortgage
on the Property that has led to the recordation of the notice of default. As 0 a er's deemed
successor in interest, the City shall be entitled to pay all amo its of principal, interest, taxes,
assessments, homeo uers' association fees, insurance pre ums, adv • ces, costs, attorneys' fees
d expenses required to cure the default. If the City exercises the City Option, then any and 11
ounts paid by the City pursuant to this Section shall be treated as Adjustments to the Base
Resale Price for the Property, as defined in Section 15, below.
12. Ins ection of Pro e . After recei g a Notice of Intent to Transfer or
delivering a Notice of Exercise, the City shall be entitled to inspect the Property one or more
times prior to the close of escrow to dete inc the amount of any Adjustments (defined below
to the Base Resale Price (defined below). Before inspecting the Property, the City shall give
er not less than forty-eight (48) hours itten notice of the date, f e and expected
duration of the inspection. The inspection shall be conducted between the hours of 9:00 a.m.
and 5:00 p.m., Monday through Friday, excluding court holidays, less the parties mutually
of Resale Restriction and Option to Purchase
P167
0'
13.
cue
i!s m e 1
ays a
cscr w, pr
e�1tct
s
III II 11
to the close
Seeti. 1 5 belo
ce s.
e f the
er a ee
e,... c
tide
th
0
1 „,
II
II
II II,
e
escro
Irmm
„mmc
c
ex
116
ee in writi
cti
r s
ij
y
osit
f escr
d enc
e Ci
tie
efe
iuiii.g atto
re,,4va1 is exce
e.
1 1
1 5
e City
y
ce t
Jj 11
a
er
vi eom, h
at City rec
xten th
s
1 II
U S
1
114
e
er prt s.,
at ill resu
cro .
(or its
of (i.) sixty
ective Thle wit
clises,
ii) . uasimm-
Hee „ a
ve
e der) s
In
enc nibrances e
a
e
erro
ml
t lescr w fees
m
es _Fee
111 y C :r
s t priscee
er th
ajid
ys fees
tions
Pr . m tly e
a e oft e Pro e
ys affter i N
s er me 1, acts
eve:r t close o esc
ives
ci.se 4fesc .
17 escrow t e Ci
1l [11 eb,..
„ cr4v/ fee
e p
11 , n
IIim
II II II
!Sie e„, n
,c ate
t e
t
eo
II II
II
greater
1110 1 1 1 1 .111
e exc
to escr [mr,,
biation of.A
or the
1 receive ro
s II bsecti,
1 1 1 0 11
e c
11 11
11
el
t e
Cim
inc .ed
itle to m Pr
I I 0
specific
bel
A o
e. •wner sh,
Noti
!! Ci se of esc,
ice f Exercise
exec
I, II
any re s
Shaii e m me A e
el sin costs t be
d pr mIce
vide
e so
e ofescr
III
able
cm
ay
exec :4e all
e Pro
in
m m
14. Proceeds of Escrow; Removal of Exceptions to
all c e th recJ.val o J1 exceptions t title t
1
1 1
II II
e
taxes f
er an
blie street iniims
(i) n
xcs shall 17) r ti. as
Mc utility,
c
ii) s:ci 4t,her lens, etc
id
by e City (c4llectively,
c, It
y the at
st the
costs. Any
ve e
ts de4sitei iit. escrow
r e st the Pr sip
t o reJJi4ve s
II 11
mi
ri,or t
Exce m.mo
y
y ei
ible
e ".A
eve.
us
P16
m m
lake t e F
ity's re uc
I I 11
tb
City.
II II
5
e reniv
sel
1110
1111
m
CCU
f Ex rcis
e
II
e iare
c
c
e City s
take ce on tm mc d te
s e elivere jr (i) te
e s re4:uire� fsr cl sc
) 4ays a e
ics ee
c eri4JS merci e t lied.
s le Price as defi e in
y City. Closing c sts a
C ty t o alt
y mutual e e
a ly I ecessduy 4 effec
116
itle
c.
1 1 1 1 1 1
11 III 1
e
close
b ... a t were rec
r fisc 1 Ty.,
City s . s of ;Le
e s, si e
L mn res
nik Ali
m
o sts ex
ces resery
Exc
pplied t
in r f lie
He g
shall be p
Resie . rice! the City or its
e maxi
h 111 be
p ie
e
Cost f r the Dig
11
1mi
ri
/1/
er up 1. e
„dent to satisfy all
osit nts escr w such
„.. In the eve th t
use4ii all
shall
ses r Ha ies
uch xceptim t
V
ay
en
a
m m
a
11 I I
By
ate
esc
h . c
c se
rig
s as
m
oi ther
8
y
e x rcises
.ce th t
e !") ase
Notwithstan
Re 1, r mce be a
seh.
ic
m
II III
e
m m
5
a. Base Resale Price. Prior to adjustment pursuant to subsection (b) below the base
resale price
"Base Resale Price") of the Property shall be the lesser of:
i. Indexed Value. The Indexed Value of the Property means the
original price paid by the 0 er for acquisition of the Property which the Parties agree is the
s i. of Dollars ($
(the "Base Price"), increased (but not decreased) by an amount, if iy, equal to the Base Price
multiplied by the percentage increase in the I between the Effective Date and the date that
the City receives notification of an Option Event.
ii. Fair Market Value. The Fair Market Value of the Property means
the value of the Property as dete as 'lied by a qualified appraiser, certified by the State of
California, selected and paid for by the Owner and approved by the City in writing. No a g in
this Section shall preclude the 0 er and the City from establishing the Fair Market Value by
mutual agreement instead of by appraisal.
b. Aciustments to Base Resale Price. Subject to the Affordable Housing Cost
restriction, the Base Resale Price shall be increased or decreased, as applicable, by the
following adjustment factors ("Adjustment"):
i. Cap ital Im srovements. An increase for capital improvements made to
the Property by Owner, but only if the purpose and amount of said improvements have been
previously approved by the City in iting and evidence of the cost is provided to the City for
verification ("Eligible Capital Improvements"). The amount of the Adjustment shall equal
the original cost of any Eligible Capital Improvements depreciated on a straight-line basis
based upon the estimated useful life of the provement stated in the City's prior tten
acceptance of said improvement.
Damam. A decrease by the amount necessary to repair d ages to the
Property, if any, and to place the Property into saleable condition as reasonably dete ua ined by
the City, including, without li s tation, amo Its attributed to cleaning; painting; replacing worn
carpeting - d draperies; making necessary structural, mechanical, electrical and p1 abing
repairs; and repairing or replacing built-in appliances and fixtures.
iii. Advances b the Ci . A decrease in an amount equal to the s si of all
costs advanced by the City for the payment of mortgages, taxes, assessments, insurance
pr ti s, homeowner's association fees and/or associated late fees, costs, penalties, interest,
attorneys' fees, pest inspections, resale inspections, fixing violations of applicable building,
plumbing, electric, fire, or other codes, and other expenses related to the Property, which 0
has failed to pay or has pe s itted to become delinquent.
16. Priori and Effectiveness of the 0.tio
a. Recordation. This Agreement shall be recorded in the Official Records
on or as soon as practicable after the Effective Date. The City Option shall have priority over
Form of Resale Restriction and Option to Purchase
10
P169
er
y subse! vent T 1a s fer O1 enc
e e'v'e exercise of the r1 1
e: itte Exceptions. Exce t
ption by t1 e Ci l'r at rr ty ti: f ,e
ease a t merger of the Ci ;gip
JrF
on sit all co ti ue t t
subsea Juet ow l° ers in cc r
to sec 'lfll p c se rn n y
sulr atiol aree a
suc:J efs,s the City
d reasonable otice c
b. •f guest tice f De:llault. T e City sk Ifl :� t:l.e a Request for Notice
e a,l t or recor ration cial 1%ecorfs llrmptly u on exec tio of this Agreement.
I
1
C' fly, t to exercise
e City 0 tiol: may
by (i) an• Eliib
dry r 'stator of aJ1 l li
p sf , ,t to1itle 11 f
occ 1, ,fyin the 'r
to n e:JJ °ll:ll.e! he
e »r
r .
forerlos
eed
ate
notice o
exercise t
Pr f w pe
Sur iva
e C
ot1eCi
sff ttr e,J.ent.
1
t ,1 senior l..e
e or a ee -in -lieu
st rec er ales
or rior the date
ti fly n Event d
on, or (ii
r its as
su
seh
e
'1
'cc ti.o e
er
recto
sA
c. C 11 /'Jibe
sec r e [ y rtg t %e
("C A "), then tl a restrictio s c Jnta
if r- 1, to the :property is transferred by
e lie l off such f reclos e, I'
at 'Jle City 11 CJs receive ti, rely n rc
e of s
no l cr , f e t rio t roc rr e us 1: 1,t to C 1i
✓ rl tsion).
n l jt, .y estate r er in..erest
be effective with respect to te
e with he te111,s 1 ,d c«.1 itil s
e cquisition f the .lr+e e City will e:l,tef° into
urchase ll ney lender to su o f Fate this Areelt went der
e 1fl. ol,ey left er s:llall lief e r vl er 1 that City is _.
er °r11 a first 1ortga e.
Ge eral..l xc t as provide i,ff J j , < a f a s (b) end Vic) bel w, the
e City 0 ' , s1 all survive - fi ll y Tr r s a of ;lie ell by Owner.
e exercised against l Pr pe.lf'J r w ether t r » i f ssessed or occ lied
y s ccess *r, (ins eree, J si ee, hei :, execut r, or
ible 11 1 e:111 1 lllclu a re r-1 - poffsessi n, debt or ' °1 Estee
niter States Vie, or (iii) ll y person o i n ossessin J or
s nr t uali ff %,>> as ,,,, Eli le -To s l h
in a ficf:, elf the R
ent, provided t 1 li at
has :l ai e er s e sai
e recf r 111 o ins Il lr el t
ee, rovided the cfnvr °7 f ,, cc is
e
r% :ll e 4]f ';ill °l e Pr r perty, or
p by City, r:lle City sl a
s other is rovieJ' i1 Sectio
ri
g
fr
5
1
e
er
of Rasa 1e Restriction and Opti n t 1,t h se 1 .
o time shall not ex
P170
» ill 'a Civ 11 Cod Sec
y l;s ate wr interest t Jrein, d
e Pr per , r subject n l y
17 �� , ' e exercise f the City
guish
e Prope
1,e11 ° °1 ag s a y
Ci
a ees at i e 111JJ,/r d in or er to assist :11.e
,� sl
.
5
g
vef
CC
lectively all referred
01liJtion shall Il . t s 1 r %ive (l be s le and tr
pure :l ase f o, Watt 1 %icial or no
6.
power sale contained ll a :J: rt a
2924 or success
O•r do or
Ci
1
es. if S ner has ae r l �� ; 1 using fin 1 11 ci
:1
el Y ':11e Calif s :l° ,1 1, .l : :f: . `i nce A e cy
ed he l e n an ° 1 the III i a I aut ma `r i cally termi .
foreclosure conducte 1 ll ehalf f Call lFA or by a
e i :l s ll ed f :l o a e is ass to Cal ll_l`FA, provi > e
1
e h 1 roe Eve w ic n tice :w ray Irlc r1rJe a
c r
11
slier
udicial
e or
e
-ec ivef :1 °1 ely
eed of , rf st r
er's 111 terest ill t1 e
cc ith „I J e terms
18. Voidable Transfers. Any actual or attempted Tr i sfer of the Property or of any
estate or interest therein, in violation of the te s and conditions of this Agreement, shall be
voidable at the election of the City.
19. Refinane • Junior Loans. The City Option shall not become exercisable as the
result of 0 a er's enc b ring the Property for the purpose of securing financing to purchase
the Property, or to refinance existing indebtedness inc ed to purchase the Property provided
such refinance does not result in Owner receiving any cash from the refinance other thin for
Eligible Capital Improvements (as denied in Section 15 i ). The maximum amo at (the
ermitted Encumbr, nce Amount") of any refinancing pe i itted by this section shall not
exceed an amount equal to ninety percent (90%) of the Adjusted Resale Price calculated as
provided in Section 15. The Pe 'tied Encumbrance Aia o t shall be calculated as if the City
has received notification of an Option Event on the earlier of (a) the date on which the deed of
trust or mortgage securing the refinancing_indebte ess is filed for record in the Official
Records, or (b) the date the City receives Notice of Intent to Transfer pursuant to Section 10 a
above. Mortgage loans or equity lines of credit junior in lien priority to this Agreement are not
pe i itted, except as when expressly approved by the City in iting.
vo
20. Insurance Proceeds and Conde i s ation Award. In the event the Property is
destroyed and insurance proceeds are distributed to 0 er instead of being used to rebuild the
Property, or, in the event of conde a lation, if the proceeds thereof are distributed to 0 • er, any
surplus of proceeds re isaining after payment of the senior liens and enc i brances on the
Property shall be distributed as follows: that portion of the surplus up to, but not to exceed, the
net 0 s t Owner would have received pursuant to Section 14 had the City exercised the City
Option on the date of the destruction of conde a ation valuation date shall be distributed to
0 per, and the balance of such sufplus, if any, shall be distributed to the City.
d.
Proper ,ty.
ership
•
111
c.
11
. 21. Events of Default. The following shall constitute the occurrence of an event of
default ("Event of Def nit") here I der, and shall entitle the City to exercise the City Option
or to pursue any other remedy provided herein or at law or in equity:
a. Owner fails to use the Property as Owner's Principal Residence.
b. wner Transfers the Property in violation of this Agreement.
er refmances the Property in violation of this Agreement;
cenient of a judicial foreclosure proceeding regarding the
e. Execution by 0 er of any deed in lieu of foreclosure trans
e Property.
f. Co encement of a proceeding or action in ba»s s ptcy, whether
ary or invol tary, pursuant to Title 11 of the United States Co .e or other b. i iptcy
o Resale Restriction and Option to Purchase 12
P171
1111
w.
re„,
s
c e
le
ch, vio
date f wri
mh.
e „
the tic
m
C4V11fltS, c
eir x ressl
c.veiits
title to t
sh11 e
e
e
Airee
0
A.
II
F f" e„.
rn
y
receive
m
.oti,ce
y
22„, Remedies.
rr II
a.
ce of itE
es
f
br t
o e
it success
,i1: II HI II t :b er
shall coirciusiveiy
c. ve.n s, c iti
re,„ ctions are set
A
e Ci
e
110,
11 II
a
the
All c
.e be.
e
e e
a
0 II
1 1 ' 1 '
24. •Ack
le
Abse
ent
a off
owle
.,er here"by su'
y seli t .e P
't tion,
ertv
oiveiLJJcy,re
r Iste s
wrier
co c
ve
c e.
is
ee
le t
ve e ex
'Ctj4fli,S re
ch c act,
e rvisio,
P o
a
iCt.fl an
Zt14fl
conce
th.,e 'se is ti co,
t
ts wit
e
II 11
II iJ
Hi II 1m
e
e „.. a
Viso
se
ance.
er his A ree1jc1e1t shall cans
eL e
n City's er,xe cise
e t. c sn.„„pe s te Je City for Iwners fail
e les„„ Ci
whiz s
g 1t1 t e
s et f rth
ve a ts
ass t
II
or c
e
ess
d erso
co,
e y iie s
e y iftis ee.
13
ctio
all be e
be cut
E c
m
114
a
10.
rees
at:
C
e Owner;
ons
be
tee
c cov
Is A
veyi
eliver
.fwh
er in
172
y wit,
e Ci
v* ti
C W
't
A e me
11
m m
c sic)
a e av1iatie t
e
rr
s
El
Rah.. ic Best,1cho1
g.
ny breach
riie h,
ec tic
y s
e
II II
m
c assific
ccepte
C V
ar4 uia
e to pc
cts the
es
Ube e
er's s
r
vo,
Vifl
0
ce
fo
airt reskL lIlI
ay se 1„
is ,A. e t res
e ecolnm.nlc 4 01.1.1.er be
e11t i� 44t CXIS&
ee
any p
sd.jec
5, c
s e r11ce f r
e r
'.ct the Sd1 enefits
efits fr4r. • 111.1
II
e b
is Agree
days liter
t s
CC
perry t the
by eclare
ie
ccess s
n
le Ci
er
t
ns ar
e I4ViS14flS
inc1lJiing
the
c Ci
arllce,
r ef
C. Owner has read and derstands all of the provisions of this Agreement. Owner
accepts and agrees to the provisions of this Agreement and ,.derstands that this Agreement
(including without limitation the effectiveness of the resale restrictions and the City • ption)
will remain in full force and effect throughout the Te of this Agreement despite any Transfer
of the Property.
D. O ER. DERST,,'S THAT THE DETE ATION OF THE ADJUSTED
ed
RESALE PRICE OF THE PROPERTY TO AN ELIGIBLE HOUSEHOLD CAN BE DE
ONLY AT THE TIME OF THE PROPOSED TRANSFER, TA ; :f G INTO
CONSIDE TION INC II� �, EREST RATES
PROPERTY TAXES .;, ' D OTHER. FACTORS THAT CA OT BE ACC TELY
PREDICTED A THAT THE SALES PRICE PE ITTED HE ER "' Y NOT
INCREASE OR DECREASE IN THE S ; / E MAID R AS OTHER SIMI AR REAL
PROPERTY 11 ICH IS NOT ENC BERED Y THIS AGREE %1 ,NT. 0 R
FURTHER ACKNOWLEDGES T AT AT ALL TIMES IN SETTING THE SAL S PRICE
OF THE PROPERTY THE P t ARY BJECT OF THE CITY THIS
AGREEMENT IS TO PROVIDE HOUSING TO ELIGIBLE HOUSEHOLDS AT
AFFORDALE HOUSING COST. THE AEI DUSTED RESALE PRICE WILL ALMOST
CERTAINLY BE LESS THAN OTHER SIMILAR PROPERTIES THAT HAVE NO
RESTRICTIONS.
:initialed by O ]
City:
Owner:
o Resale Restriction and Option to Purchase 14
P173
City of South San Francisco
400 Grand Avenue
South San Francisco, Califo fa 94080
Attn: City Manager
South San. Francisco, California 94080
25. Notices. Except as other se specified in this Agreement, all notices required to
be sent pursuant to this Agreement shall be made by personal delivery or by deposit in the
United States mail, first-class, postage prepaid, and shall be teeme to hive been delivered and
received on the date of personal delivery or five (5) days after deposit in the mail, if sent to the
following address:
Attarn ' Fees. If either party initiates legal proceedings to interpret or enforce
its ghts der this Agreement, the prevailing party in such action shall be entitled to an award
of reasonable attorneys' fees and costs in additions to 11 y other recovery to which it is entitled
under this A Bement.
27. Waivers. Modification. No waiver of any breach of any covenant or provision
of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no
waiver shall be valid unless in iting and executed by the waiving party. An extension of
time for perfo ance of any obligation or act shall not be deemed an extension of the time for
perfo ance of any other obligation or act, and no extension shall be valid unless in writin
and executed by the waiving p ty. This Agreement may be t ended or modified only by a
wrir en instrument executed by the Parties and duly recorded in the Official Records of San
Mateo County.
28. Severabili . If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in
11 force an effect.
29. I te •tation of At eement. This Agreement shall be interpreted so as to avor
speculation on the Property and to ensure to the extent possible that its sales price and
mortgage payments remain ffor able to Eligible Households.
30. Action or A oval. Whenever action and/or ap JE by City is required under
this Agreement, the City anager or his or her designee may act on and/or approve such
matter unless specifically provided otherwise, or unless the City M ager determines in his or
her discretion that such action or approval requires referral to the City Council for
consideration.
F Resale
31. Entire A e ment. This Agreement, including Exhibits A throu h D attached
hereto and incorporated herein by this reference, contains the entire agreement of the Parties
with respect to the subject matter hereof, and supersedes all prior written or oral agreements,
understandings, representations or statements with respect to the subject matter hereof
32. Governin Law . Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of California without regard to principles of conflict of
laws. Any action to enforce or inte ret this Agreement sh 11 be filed in the Superior Court of
San Mateo County, California or in the Federal District Court m or the Northern District of
California.
SIGNATU
r
ST ONFOLLl WINGPAGE ,
5
P174
IN IN WITNESS
n above.
Ciy C
APPROVED AS TO FO
By:
City Attorney
OF, the P s have executed this Agreement as of the date first
B :
1
By:
P
II II I
o Resale Restriction and Option to Purchase 16
R(S), [an individualla 4nied couple]:
m
Im
c
a cipal c
P175
m 11
OF S
S LJJH
orausn
Its: City Manager
SIGNATURES MUST BE NOTARIZED.
F C SC
This is t cert
A eel.e.t d Optic
Da
ratio
to authll co
co sellts t rec
CER
that 1:; i to est in r
chi,, le dated
r: the City
e
C
here
fe1. f.e
rdatio
y accepte
e
er
y
s
by
u
y" Its
For I sal tr ic � o p to
D
CATE OF ACCEPT / 1'° 1 CE
su °:l.t Gov J/, :1 :11 °1 :: e1 Code; 272 1
el r ccvee r the sale lv
0
South San Fr cisce ("City"), a >:f,t l .icip 1
ersi J.l .ed ell ce or a ,e t r be l" he
p f :l.rsu
to ; 1 d e tee
cer.
11111x: ST:
City Clerk
P176
By:
ofP esale Resdcti
ptio
u chase A- 1
EXHIBIT A
PROPERTY
(attach legal des "ption)
P177
To: City
The J rers
is eri e,ir.r intent to
Fr ,' cisco, California
folio in1' address:
t
Address:
9 �1 11 r 111 E.11..:11 % .1::. UE SIP"
it c Co
Fr a iris e l , CA
CiP
Notice of Intent to Transfer
telel ]hone b is
er(s)
+; -e ,pro + e�rty locate
"Pr .p ert ") w Owner
Telephone: ( )
The proposed transfer is (check one):
Sale
Other
EXHIBIT B
1
e eby gives' ' otice of
at , South San
ay be eontae ell at 'l e Property or at ' e
The proposed ,f' s,fe o, 'l Prope the f �[�r , i g person(s):
P178
ne
Date:
To: (0 er or Transferree
(Address)
Re: Notice of Exercise
The City of South San Francisco ("City") hereby gives notice that it is exercising its
option to purchase the real property located at South San Francisco,
California. The option has been granted to the City pursuant to the Resale Restriction
Agreement and Option to Purchase between 0 • er and the City dated and
recorded on as Ins ent No. (The City has assigned its option to
purchase the real property to .) An escrow for the purchase will be opened with the
Title Company.
EXHIBIT C
of Resale Restriction and Option to Purchase C-1
CITY OF SOUTH S F NCISCO, a m
corporation
P179
•
By
cipal
1111
A
II, 11
III II
m
II
ik
1111
111
MIM
1111
1111
R
SA
HF
111 III I
II
AV
R
1111
E P
E CITY
1
II' 11
1335556.2
T1
'
1
Tiel,117
Re
E
EX
T • AN "FUG
1111 ""' SALE
E
N
Y
A
III!' III
s RIC
II I
a eR s
R
II
11
ALS
ENT REC m
CITY S
TILE FO
NS
PE
S
.12,
F T IFY
THIS
Ilj
II II III
II II
1111
E
ffiffi ffi ffi
1,111
1111 1
1 1111
AFF
SAN F
. iNG A
NC SC
,Disel. e State e
11
1 II m
chase
EXHIBIT D
'ALE
TH CITY
CI IA
0 10 TAP
A AN "
11
, Ai IS CAP}
- 1111
1111 mm
1 1111
EFFECT
Ari
'
111
ELI MILE E
II 1 1 1
ALE RE 1 1
UN
AY S
OPERITY F
CIS C
C
P180
R
i k 1111 III
D
ST A
ffi
1111
1111
1 1"
S
T
iiiN
JJJJ
1111
' 1J I
er
Pri t N
fit
T.
II 11
SAN
ERTY
ABLE H
ST
SE
IP"
,
/VIE
111
VAL
AD
ULD C
A
CISC
AY 01 1 Y
US
1111 1 III III
' ry I
M
1 1 1 1 I' 1
ffi
II I
STE
NTA CT
Exhibit C
Project Plans
P183
0/.0 411)000 0 1100,
vONNOJF N.) ' 0 );riNVX1 NV'S 111A0c
ILIPIFYPN ti()1S4N
0
Iffif
COP. MI.., MAYA706 LOCI'S LEOVE:
aPPrirrr,
- AR9AR (OCAR„) ARA (0, gr)
izo9rge, vo RP:RS 1:RRRIS IIRM 00g
vo '00SIONVild NVS 08
NV113101e4 NOISSIV1
NOISS1N 60€1.
NV ONICW80
AdVNIVilladd
R
(.1 V 0 a
1
DNINZANd
P.ortro
7
314,1
4.4
R.)
ti b4Z °NO IOW
VMOJ ' 1 D., a1 kPd�✓144 NVS I114bt"
LJo Ssa 60{L
U:UtlIAD t R.1M1
VIN80IIWV:) '0:)SIJNVBJ NVS II 110S
uPIIapN 7' uo!ss!N 60 {L
OUH11 iN4 • mem
YiNMOJRVJ 'OJSIJNYb1 NVS HM OS
upDSal)W uO!SS4N 60{1_
uptlaph uo!ss!N
N' 1d ?iOO1i T. V! D I Vd
or#0,4reasfor get
if
ii
, N
�.
I
1 �
hu m,.�^w ,�^^t
lu � � IIw..n + ~
I1J
H ^� ►1 ^� t o a wa
�a.,,rp+� !" II NY V tl S
n� siI 6c ,C
�,,,
P
, n
L
2 OM
IV JAW
NYld DMINYld
NOOld CINCIOU
„
0,040
(111 111 1111 1 'a' „11,ill,101 II
001
1 00° 0 0
0 0
13 HS 33S 1 3N111H
N 1 d N Vd ZiOd 1 H
, 77717,7774M,
001.Z.0t0 0 "IDIN
VINAOInV) '07)SONV'M NY S HICIOS
LIPHOphi 7g uo!ssm 6011
,
VINCJIND 'ODSIONVIIII NV S HM()
1.1PHa1JIN uolssly4 60{,
NVid 14 DN] il SI' V VArld
00,f.d0 131,V,d
\INZIOMV) ° O)SDNV*1 NYS moos
uelloplAi U05S!'N 60a
NYld DNIINVid
)10011 1911i VZVld
avo NOISSM
"
TENEVMEEMEL„„„„„IIIMITLIML.20
Trir
--777
d'o(Nc'Pd4'to "1" h
VIN3OilflV) "o !sI :)NVIII GAY'S R iflOS
�h'' 7s' Lio!ssly4 60
V.1GinitmU • TOM'
WINKfl1VJ' ° G7,)Sf)NNMJ NYS V lfOS
LIPIlaplAt 7S? UOISSIAI 60a
% %Y1d1 '8001 01 wr NV.ld
¥ NHO rrir0 `Q))SL)N'"d'A {I INYS H.dllOS
ureisai UO!ssol 60
fY1d% %
di aw Si Itg,
i ii iou 11
� a
mm�i oi�uS �
A z
FOS
FAIN 01
S 1D IJ S ")NIG 1111
7 JII�1 NN
(IN'V OVOd NOISSRAI
OZOILI.OW TOW
¥N0,0 ODSID 3,J NV S HMOS
UelIFYPIN uolism 60{1,
NOII \011011,S,
ONd
9
1 ,00,0000101 1 1 ,
0 f 0 I I
,
1
•
r
1111
u 1'100
11,1111111111111111,1111111111111111111111111111111111111111111111111111111111111
1 0 110110 0 0.0 0;0
0 1
99,99,9999,
9
7:4
lt
4,400
' t
I 10
1C77
VINA0J11,11) 1 Ii()
upppoi 7g Lio!ssvl 60a
A
SU 11)1f.
- 111•1111111111111111.1111111111111= MIN
NO10: CINV
IV141VW 1VVID1111 L)1V
111111111111111111111111111111111,1111111,1,u,
11,111,1111,11111,11111(11111,11',11',11',11',1111,111111111111111111111111,111,111111111111111,11,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,,
*<.
0 uJ
•
111 1^
1111
1
am-ozoo • mvw
VINCJIMO '00SONVM NVS HMOS
7? Lio!sliv 60u,
trifFra
SENN! VITV
W ,i1";%71i
Exhibit D
Tentative Subdivision Map
P182
1
3A1111.1„, IIIINI3„ifilL EMU 3A
1 11„:1 1 J id
11111111111111
1 1
IL
44.
11
f
.m.1111111111111111 11111111110
.„.
11,11111
a 1, „
111111
1u„ lEffit
11#
1,!
111111111, 1111111Y 1111
111 111111111
........., II,1111.,. 10 .11 1-.,-,1"-
'" 1114
1 11
111111111111111111111111111111111111111111111111111111111 „„
.....m mu. .......,
:
=
7
ISES.111111111
"
k
.11
1111111111111111PSWIll I 111111,111111111111ififfill11110111111111111111111111111111111111111111
1111111111111111111111111111111
111111111
IR
raf: c.
c.
........
2:1
dn N Z
IIINEK11931:1
ON1193A
or. •
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111011111111111111
IWO op tilos o
(es) LOI1S—S
wimpy If .111.5 "11
1 164611111111111111111=111111111111111111111111111111111111