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HomeMy WebLinkAboutRural Communities Housing Development Corporation 2011-12-12Agreement to Defer Payment of a $149,000 Roadway Improvement Fee Major Site Development Permit No. 04-49 Duane Hill Terrace/Clara Court Apartments 600-606 N. Orchard Ave., Ukiah, CA This agreement (the "Agreement") is entered on 1—/12-- , 2011 ("Effective Date"), between the City of Ukiah, a general law California city (the ' it "), and the Rural Communities Housing Development Corporation (RCHDC), a California non-profit housing corporation. RECITALS: RCHDC desires to defer the payment of $149,000 for roadway improvements required by condition of approval No. 29 of Site Development Permit 04-49 (Clara Court affordable apartments) until June 30, 2012. 2. RCHDC also desires to have all final inspections completed and the grant of occupancy received prior to the payment of the $149,000 roadway improvement fee. 3. RCHDC has indicated that the funds to make the required $149,000 roadway improvement fee are currently unavailable, but will be available to make the payment by June 30, 2012. 4. The City is willing to defer the payment until June 30, 2012 at no additional cost to RCHDC. AGREEMENTS: NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: Section 1. RCHDC Payment of Fee. The Rural Communities Housing and Development Corporation (RCHDC) shall pay the $149,000 roadway improvement fee required by Condition No. 29 of Major Site Development Permit No. 04-49 no later than June 30, 2012. Section 2. Late Fee and Interest Rate. If the $149,000 roadway improvement fee is not paid in full by June 30, 2012, a 5% late fee shall be charged, and a 5% interest rate on all unpaid amounts shall be required until all unpaid amounts are paid in full. 1 of 3 Agreement to Defer Roadway limprovmeent Fee Site Development Permit Condition of Approval 04-49 City-RCHDC Clara Court Affordable Housing Project Section 3. City to Conduct Inspections and Grant Occupancy. The City shall proceed with conducting all inspections including final inspections of the project, and after determining that the project has been satisfactory completed and in compliance with all state and local codes, as well as all applicable Site Development Permit conditions of approval, the City shall grant and issue a temporary or final certificate of occupancy to the RCHDC for the project. Section 4. Prevailing Party Entitled to Attorneys Fees. In any action to enforce this Agreement, the prevailing party shall be entitled to recover from the other party, its attorneys' fees and costs of suit, the amount of which shall be fixed by the court. In addition to any of the remedies the parties may have upon the failure of the other party to comply with any of the terms contained herein, the aggrieved party shall have the right to request a court of proper jurisdiction to enter a mandatory injunction against the other party requiring compliance with any or all terms contained within this Agreement. The Owner and the City agree that this Agreement is subject to specific performance. The Owner and the City further agree that the City shall have as a cumulative remedy for noncompliance with any term of this Agreement the right to refuse to issue any building permit or certificate of occupancy for structures or uses of the Property. Section 6. Owner's Representation. RCHDC warrants and represents that it is the developer of the property with the exclusive and complete authority to enter this agreement on behalf of the owner, Clara Court, L.P. Section 6. Integration. This Agreement supercedes any and all prior agreements, representations, or arrangements, whether written or oral, regarding, in any manner, the subject matter of this Agreement. Section 7. Law to Govern: Venue The law of the State of California shall govern this Agreement. In the event of litigation between the parties, the action must be filed in the Mendocino County Superior Court. Section 8. Compliance with Law The RCHDC shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local government. Section 9. Waiver Waiver by City or the RCHDC of any breach of any of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of the same or any other provision of this Agreement. 2 of 3 Agreement to Defer Roadway limprovmeent Fee Site Development Permit Condition of Approval 04-49 City-RCHDC Clara Court Affordable Housing Project Section 10. Notices (a) All notices to City shall be sent to the following address: City of Ukiah Ukiah Civic Center Attention: Director of Planning and Community Development 300 Seminary Avenue Ukiah, CA. 95482 RCHDC Dated: 121-11-11 City of Ukiah Dated: lZ— —�� ir ity Development 3 of 3 Agreement to Defer Roadway limprovmeent Fee Site Development Permit Condition of Approval 04-49 City-RCHDC Clara Court Affordable Housing Project