Loading...
HomeMy WebLinkAbout01579 - AFCOM AFFORDABLE COMMUNITIES LOW INCOME HOUSING �d� � Doi 9gY to cori9tr & oper mobile park & constr low cost sngl family res dev AGREEMENT,#1579 (Orig 3-6-80) DEVELOPMENT AGREEMENT MO 2773, 3=5-80 This Agreement is made by and between the City of Palm Springs (herein referred to as the City) and AFCOM (sometimes referred to as "Affordable Communities") . WITNESSETH WHEREAS the City is a public body, and the powers of the City include the power to contract for the disposition and development of real property; and WHEREAS AFCOM is a development firm with experience in mobile home park re- location and low and moderate income housing development; and WHEREAS the City proposes to lease property to AFCOM, and AFCOM proposes to develop said property, pursuant to a contemplated Lease Agreement to be entered into by and between AFCOM and City; and WHEREAS development of the City-owned parcel (herein sometimes collectively referred to as the "Site" and more particularly described in Exhibit "A", attached hereto) shall be made to maintain an adequate supply of low to moderate income housing within the City; and WHEREAS development of the Site to provide for low and moderate income dwellings will effectuate the purposes of the community, NOW THEREFORE , the City and AFCOM do hereby agree as follows: Section 1 . AFCOM shall develop the Site, or a portion thereof, so as to provide and construct approximately four hundred (400) mobile home pads suit- able for placement thereon of a decent, safe and sanitary mobile home dwelling and construct approximately two hundred (200) single family homes to be held for sale to persons of low and moderate income within the City. • Agr. No. Page 2 Section 2. AFCOM shall provide and construct, with respect to such mobile home development and single family home development on the Site, all necessary public utilities, public improvements, landscaping, and common facilities and areas. Such provision and construction shall be more particularly described in and shall be in accordance with a Planned Development District to be pre- pared by AFCOM and submitted for approval to the City and to other public entities, boards or commissions having jurisdiction under the circumstances. Section 3. AFCOM shall manage and operate such mobile home development on the Site in a sound, equitable and businesslike manner. Section 4. AFCOM shall , in accordance with City standards, administer all initial application processing, eligibility certification of applicants and initial sales of the single family homes. Section 5. AFCOM shall consult with and obtain the consent of the City before the following: a) establishing a monthly rental charge for each such mobile home pad; b) establish an initial sales charge and control mechanism for resale for each single family home. Such charges shall be based upon a reason- able return of investment and the consent of the City shall not be unreasonably withheld. AFCOM shall provide evidence of such investment satisfactory to the City. Section 6. Within sixty (60) days following the date of execution of this Agreement, AFCOM shall provide the City with a complete list of all persons who reside in Tahquitz, Plaza, Prarie Schooner and Rancho Trailer Parks herein- after referred to as "Trailer Parks". Such list shall specify the following: Agr. No. Page 3 (a) Whether such person is currently an owner or tenant; (b) The length of residency of such person within the Park; (c) A description of the housing needs of such persons; (d) Photographic documentation of tenants and their respective units and environs, and a written description of conditions. If such person is an owner of a dwelling currently located in one of the Trailer Parks, such list shall also specify the value of the dwelling and the current rental cost of such dwelling with respect to its current site. If such person is a tenant, such list shall also specify his/her current monthly rent. Section 7. AFCOM shall determine which of the current permanent residents of the Trailer Parks desire or will require alternative housing. Such deter- mination shall be made pursuant to the following priorities : (a) Preference shall be afforded to those persons who have been given notification of intent to close existing mobile home parks. (b) Preference shall be afforded to persons of low and moderate income, as defined by the City's Community Development Block Grant Program. Section 8. AFCOM shall provide sufficient alternative housing within the new development to accommodate all certified persons of low and moderate income from those parks named above. Section 9. AFCOM covenants by and for AFCOM and their assigns, and all persons claiming under or through AFCOM that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of those Agr. No. Page 4 parcels of real property herein conveyed, nor shall AFCOM or any person claiming under or through AFCOM, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in said parcels of real property herein conveyed. The foregoing covenants shall run with the land, and shall obligate AFCOM and any subcon- tracting party or parties, or other transferees under this Agreement. Section 10. AFCOM shall not assign this Agreement or any part thereof without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 11 . AFCOM shall develop the Site in accordance with the City General Plan as amended, and Planned Development District as approved. Section 12. The City and AFCOM, with the execution of this Agreement, contem- plate entering an Agreement for the lease of Real Property. Performance of this Agreement is contingent upon such execution. Section 13. Performance of this Agreement is contingent upon approval by the City of the Development Plan of AFCOM for the Site. Section 14. Performance of this Agreement is contingent upon AFCOM obtaining the requisite building permit or permits from the City of Palm Springs with respect to the Site. Section 15. The City agrees to provide staff assistance and organizational support to assume minimum processing time for review of submitted plans to expedite construction. Agr. No. Page 5 Section 16. The City also agrees to pursue alternate methods of financing and or subsidies which can effectively reduce overall development costs. Section 17. This Agreement may be modified and expanded by supplemental agreement. IN WITNESS THEREOF, the City and AFCOM have executed this Agreement this day of 1980. ATTEST— CITY OF PALM SPRINGS, CALIFORNIA Deputy City Clerk ity Manager AFCOM -., I