HomeMy WebLinkAbout121520-05.5 ADMINISTRATIVE STAFF REPORT 5.5
TO: Mayor and Town Council December 15, 2020
SUBJECT: Resolution No. 80-2020, authorizing the Town Manager to execute a
Regulatory Agreement and Declaration of Restrictive Covenants for the
below market rate attached accessory dwelling units (BMR ADUs)
required through approval of Final Development Plan request DEV18-09
(Edendale – 2550 Camino Tassajara)
BACKGROUND
On May 7, 2019, the Danville Town Council adopted Town Council Resolution No. 31-
2019, authorizing the construction of the 18 single family residential unit project located
at 2550 Camino Tassajara (The Collection, aka Edendale). As a condition of approval, the
developer is required to supply eight (8) attached for-rent below market rate accessory
dwelling units, generally referred to as BMR ADUs, for low income households
(Attachment C).
DISCUSSION
The Town’s approval obligates the project developer to execute a Regulatory Agreement
and Declaration of Restrictive Covenants (“Affordable Housing Agreement”) to regulate
the development and operation of the BMR ADUs.
The Affordable Housing Agreement, among other things, formalizes the required
number of BMR ADUs; sets the maximum qualifying income for households occupying
those units; sets standards for maximum rents that may be assessed for those units; and
sets the required minimum term that the BMR Units are to be made available to income
qualifying households.
A draft Affordable Housing Agreement (Attachment B) has been prepared and is now
being presented to the Town Council for review and approval. Over the life of the
Affordable Housing Agreement, the BMR ADUs would be established on Lots 1, 2, 8, 12,
13, 14, 16, and 18 of Edendale (Subdivision 9479). The Affordable Housing Agreement
anticipates that the required BMR ADUs would serve a mix of one-; two-; and/or three-
person households. A qualifying low income household will be required to demonstrate
a gross annual household income of <80% of the published median income for the
Alameda County and Contra Costa County area, adjusted for household size. Rents
assessed for BMR ADUs will generally be set to hold household housing expenses to
<30% of gross household income. Execution of the Affordable Housing Agreement
Edendale Housing Agreement 2 December 15, 2020
assures the provision and maintenance of the project’s BMR ADUs as affordable for-rent
units for low income households for a minimum term of 55 years, the minimum term
called for under density bonus regulations for for-rent BMR ADUs.
The provision of for-rent BMR ADUs serving low income households addresses, in part,
the housing needs identified in Danville’s 2014 - 2022 Housing Element. The provision
of the for-rent BMR ADUs will count towards the Town’s fair share housing goal
established by the Association of Bay Area Governments (ABAG) and the State
Department of Housing and Community Development (HCD).
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Resolution 80-2020, authorizing the Town Manager to execute a Regulatory
Agreement and Declaration of Restrictive Covenants for the below market rate attached
accessory dwelling units (BMR ADUs) required through approval of Final Development
Plan request DEV18-09 (Edendale – 2550 Camino Tassajara).
Prepared by:
David Crompton
Chief of Planning
Reviewed by:
Tai J. Williams
Assistant Town Manager
Edendale Housing Agreement 3 December 15, 2020
Attachments: A - Resolution No. 80-2020
B - Draft Regulatory Agreement and Declaration of Restrictive
Covenants - Edendale (2550 Camino Tassajara)
Exhibit 1 - Legal Description of Property
Exhibit 2 - Maximum allowable rental rates for Qualified
Low Income Households - April 2020
C - Excerpt from Project Conditions of Approval
RESOLUTION NO. 80-2020
AUTHORIZING THE TOWN MANAGER TO EXECUTE A REGULATORY
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR THE
BELOW MARKET RATE ATTACHED ACCESSORY DWELLING UNITS
(BMR ADUS) REQUIRED THROUGH APPROVAL OF FINAL DEVELOPMENT
PLAN REQUEST DEV18-09 (EDENDALE – 2550 CAMINO TASSAJARA)
WHEREAS, at their meeting on May 7, 2019, the Danville Town Council adopted Town
Council Resolution No. 31-2019, approving Final Development Plan request DEV18-09;
and
WHEREAS, the approval authorized the construction of 18 single family residential
parcels, consisting of 18 single family detached residential units and 8 attached below
market rate accessory dwelling units (BMR ADUs) for low income households; and
WHEREAS, consistent with State of California and Town of Danville density bonus
regulations, the developer (i.e., TH Danville, LLC) is required to execute a Regulatory
Agreement and Declaration of Restrictive Covenants (Affordable Housing Agreement)
that is satisfactory to the Town to regulate the development and operation of the BMR
ADUs for low income households; and
WHEREAS, promoting the development of affordable housing within the Town of
Danville is a goal of the adopted Danville 2014-2022 Housing Element; and
WHEREAS, the Town Council reviewed the draft Affordable Housing Agreement
prepared for the project that will provide for the regulation of the occupancy and use of
the BMR ADUs at their meeting of December 15, 2020; and
WHEREAS, a staff report was submitted recommending that the Town Council approve
the draft Affordable Housing Agreement between the Town and TH Danville, LLC for
the BMR ADUs; now, therefore, be it
RESOLVED, that the Town Council authorizes the Town Manager to execute a
Regulatory Agreement and Declaration of Restrictive Covenants for the below market
rate attached accessory dwelling units (BMR ADUs) required through approval of Final
Development Plan request DEV18-09 (Edendale – 2550 Camino Tassajara).
DocuSign Envelope ID: D2B8B27C-BA9A-43A2-9FBA-792E9EBBD72D
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 80-2020
APPROVED by the Danville Town Council at a regular meeting on December 15, 2020
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: D2B8B27C-BA9A-43A2-9FBA-792E9EBBD72D
RECORDING REQUESTED BY:
Town Manager
Town of Danville
WHEN RECORDED, RETURN TO:
Town of Danville
510 La Gonda Way
Danville, CA 94526
Attention: Marie Sunseri, City Clerk
REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS BETWEEN THE TOWN OF DANVILLE AND
TH DANVILLE LLC
This Regulatory Agreement and Declaration of Restrictive Covenants (the
“Agreement”) is entered into as of December 15, 2020, by and between the Town of
Danville, a municipality (“Danville”) and TH Danville LLC, a Delaware limited liability
company (the “Developer”), the developer of certain real property in the Town of
Danville, Contra Costa County California, commonly referred to as Edendale - SD 9479
(the “Project”) and described more specifically in Exhibit “1” attached hereto (the
“Property”).
RECITALS
1.Danville approved the development of the Property pursuant to Town Council
Resolution No. 31-2019 (adopting a Mitigated Negative Declaration of
Environmental Significance and approving Vesting Tentative Map request S D
9479, Final Development Plan request DEV 18-09, and Tree Removal request TR
18-26, and Ordinance No. 2019-04 (approving Preliminary Development Plan –
Rezoning request PUD 18-01).
2.As part of their proposed Project, Developer requested, and was grante d, a
density bonus pursuant to the California Density Bonus Law (Government Code
Section 65915). Conditions of approval for the Project require the Developer to
establish eight “attached for rent below market rate accessory dwelling units
(BMR ADUs),” to be rented to “Low Income households.”
3.Danville finds that the Developer’s residential development will benefit the
community by providing the eight affordable units, for rent, to Qualifying Low
Income Households.
ATTACHMENT B
Regulatory Agreement and Declaration 2
of Restrictive Covenants — SD 9479
4.The Developer has proposed that the eight Affordable Units required to be
established shall be on Lots 1, 2, 8, 12, 13, 14, 16, and 18 of the Project, to be
constructed as attached ADUs and occupied by rental households. It is the
purpose of this Agreement to set forth certain conditions under which Danville
has approved the Project; to impose enforceable restrictions on the occupancy
and use of the eight affordable units, for rent, on the above-cited lots in the
Project; and to ensure the continued viability of this affordable housing program
as envisioned by the parties. Both parties recognize that the Project would not
have been approved by Danville without the assurance that the Developer
would execute this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and undertaking s set
forth herein, and other good and valuable consideration, the receipt and sufficiency of
which hereby are acknowledged, Danville and the Developer hereby agree as follows:
SECTION I - DEFINITIONS AND INTERPRETATION
Underlined items used herein shall have the following meanings unless the context in
which they are used clearly requires otherwise.
1.Below Market Rate Accessory Dwelling Units (BMR ADUs) means the eight
accessory dwelling units contained in the single family detached residential units
to be developed on Lots 1, 2, 8, 12, 13, 14, 16, and 18 of Edendale - SD 9479, each
with one bedroom, to be designated as affordable units, for rent (as defined in
the Density Bonus Ordinance) for occupancy by Qualifying Low Income
Households for the term established by this Agreement.
2.Below Market Rate Accessory Dwelling Unit (BMR ADU) Owner means the fee
owner or owners of Lots 1, 2, 8, 12, 13, 14, 16, and 18 with the authority to
execute a lease providing for occupancy of a BMR ADU by a Qualifying Low
Income Household.
3.Agreement means this Regulatory Agreement and Declaration of Restrictive
Covenants.
4.Area Median Income means the median family income, as adjusted for family
size and as annually revised, for the Contra Costa County area of the State of
California, as published at Title 25, California Code of Regulations, Section 6932.
(Note: In the event the foregoing determinations of area median income are
discontinued, the Area Median Income shall be as alternately established and
published by the U.S. Department of Housing and Urban Development
(“HUD”)).
Regulatory Agreement and Declaration 3
of Restrictive Covenants — SD 9479
5.Danville means the Town of Danville, a political subdivision of the State of
California.
6.Developer means TH Danville LLC, a Delaware limited liability company and its
successors and assigns, and any surviving, resulting or transferee entity.
7.Income Certification Questionnaire means the Danville-supplied form provided
to the BMR ADU Owners, which may be amended from time to time, which shall
be completed by all prospective Qualifying Low Income Households to allow
Danville and the BMR ADU Owners to ascertain eligibility for such households
under the Agreement to occupy the BMR ADUs in the Project, based on income
criteria and household size.
8.Monthly Utility Allowance means the allowance for tenant-furnished utilities,
published from time to time by HUD Office of Public and Indian Housing in
their publication entitled “Allowances for Tenant-Furnished Utilities and Other
Services” for the Housing Authority of the County of Contra Costa or other
reasonable utility allowance consistent with the Density Bonus Ordinance and
approved by Danville.
9.Property means the parcel of real property described in Exhibit “1”.
10.Project means the 18-unit single-family residential development authorized for
construction through Danville’s Town Council Resolution No. 31-2019 (adopting
a Mitigated Negative Declaration of Environmental Significance and approving
Vesting Tentative Map request SD 9479, Final Development Plan request DEV
18-09, and Tree Removal request TR 18-26, and Ordinance No. 2019-04
(approving Preliminary Development Plan – Rezoning request PUD 18-01).
11.Qualifying Low Income Household means a household with an annual gross
household income between the lower income eligibility limit and 80% of area
median income limits applicable to Contra Costa County, as published and
periodically updated by the State Department of Housing and Community
Development pursuant to Section 50079.5 of the California Health and Safety
Code.
SECTION II - RESTRICTIONS PERTAINING TO USE OF THE BMR
ADUs The parties agree as follows:
1.General Terms. The Property shall be deed restricted to reflect requirements
from the project conditions of approval that require the ADUs to be developed
on Lots 1, 2, 8, 12, 13, 14, 16, and 18 of the Project to be developed as units whose
Regulatory Agreement and Declaration 4
of Restrictive Covenants — SD 9479
occupancy and use is restricted such to require that they be made available to
Qualifying Low Income Households.
2.Term of the Agreement. This Agreement shall become effective upon its
execution and delivery. A fifty-five (55) year obligation upon the respective BMR
ADU Owners, relative to the occupancy and use of the BMR ADUs they
respectively control, commences at the issuance of the initial certificate of
occupancy of the BMR ADUs. Each BMR ADU Owner hereby acknowledges
and agrees that in the event that such owner elects to lease a BMR ADU to a third
party, such lease shall be subject to the terms and provisions of this Agreement;
provided, however, that the BMR ADU Owner shall have no obligation to lease
the BMR ADU.
3.Income restrictions for households occupying BMR ADUs. Where a BMR ADU
Owner receives rental income from renting a BMR ADU, said BMR ADU shall be
rented to a Qualifying Low Income Household.
4.BMR ADU Owner’s obligation to screen incomes of prospective occupants of the
BMR ADU. Before executing a lease for BMR ADU, a BMR ADU Owner is
required to first verify that the prospective Qualifying Low Income Household
has a gross annual household income at, or below, the maximum allowable
income range, as adjusted for household size both for projected annual
household income for the current calendar year and for the most recently
completed calendar year. To facilitate this determination, the BMR ADU Owners
shall require prospective Qualifying Low Income Households to complete and
submit an Income Certification Questionnaire to certify:
a.The names and the number of occupants of the prospective Qualifying
Low Income Household; and
b.The projected current annual gross household income of the prospective
Qualifying Low Income Household (based on pay check receipts covering
the most recent two-month period); and
c.Prior annual gross household income of the prospective Qualifying Low
Income Household for the most recently completed calendar year period
(as reported on most recent federal tax return(s) and W-2 form(s) detailing
all income of all members of the prospective household); and
d.Sources of all income of the prospective Qualifying Low Income
Household.
Regulatory Agreement and Declaration 5
of Restrictive Covenants — SD 9479
5.Maximum allowable rental rate to be assessed for the BMR ADUs. The maximum
allowable monthly rental rate assessed by an BMR ADU Owner on a Qualifying
Low Income Household occupying a BMR ADU shall be the lesser of the
following:
a.35% of 1/12th of eighty percent (80%) of the Area Median Income, as
adjusted for household size appropriate for the Affordable Unit, less the
applicable Monthly Utility Allowance; or
b.35% of 1/12th of the projected gross annual household income of the
Qualifying Low Income Household, less the applicable Monthly Utility
Allowance.
6.Term of leases and allowable increases to incomes of Qualifying Low Income
Households. The initial lease signed between a BMR ADU Owner and a
Qualifying Low Income Household shall be for a maximum period of two years.
One year extensions of these initial leases, and of subsequent leases as applicable,
may be executed between a BMR ADU Owner and a Qualifying Low Income
Household only if, after a Danville review of updated projected gross annual
household income information for the household, Danville determines that the
household’s income has not increased during the prior lease period so as to have
the projected annual gross household income of the household exceed 80% of
published Area Median Income, adjusted for tenant household size. Upon a
determination that the household’s projected annual gross household income will
be in excess of 80% of the published Area Median Income, a lease extension may
not be executed between the BMR ADU Owner and the household.
7.Allowable increase to rental rate that may be assessed by BMR ADU Owner for
authorized lease extensions. Where Danville determines that one year extensions
of initial leases, and of subsequent leases as applicable, may be granted, the
maximum allowable monthly rental rate assessed by an BMR ADU Owner on the
affected household may be increased but the new rental rate shall be the lesser of
the following:
a.35% of 1/12th of eighty percent (80%) of the Area Median Income, as
adjusted for household size appropriate for the Affordable Unit, less the
applicable Monthly Utility Allowance; or
b.35% of 1/12th of the projected gross annual household income of the
Qualifying Low Income Household, less the applicable Monthly Utility
Allowance.
Regulatory Agreement and Declaration 6
of Restrictive Covenants — SD 9479
8.Records. BMR ADU Owners shall maintain complete and accurate records
pertaining to the BMR ADUs. BMR ADU Owners shall permit any duly
authorized representative of Danville, on demand, to inspect the books and
records of a BMR ADU Owner pertaining as to the declared income of the
Qualifying Low Income Household residing in a BMR ADU and as to the rent
assessed for that BMR ADU.
9.Certification of statements in Income Certification Questionnaire. All leases for
the BMR ADU shall contain clauses, among others, wherein each Qualifying Low
Income Household lessee: (i) certifies the accuracy of the statements made in the
Income Certification Questionnaire; and (ii) agrees to comply promptly with all
requests for information regarding such household’s income from the BMR ADU
Owner or Danville - including requests for updated income information in
conjunction with potential lease extensions. All leases for BMR ADUs shall also
include provision for tenant acknowledgment that failure to provide accurate
information in the Income Certification Questionnaire, or refusal to comply with
a request for information with respect thereto, shall be deemed a violation of a
substantial obligation of the tenancy and shall constitute cause for termination
thereof.
10.Notwithstanding any other provision of this Agreement, upon recordation of the
final subdivision map for the Project, this Agreement shall only apply to Lots 1, 2,
8, 12, 13, 14, 16, and 18 of the Project and shall automatically terminate with
respect to the other portions of the Property. Danville and Developer shall enter
into and record an amendment to this Agreement memorializing the foregoing.
The Town Manager for Danville shall be empowered and authorized to execute
such amendment on behalf of Danville without the requirement of any further
authorization or resolution of the Town Council.
SECTION III - AGREEMENT TO RECORD
The Developer hereby represents, warrants, and covenants that it will cause this
Agreement to be recorded over the Property and over Lots 1, 2, 8, 12, 13, 14, 16, and 18
of the Project in the real property records of Contra Costa County, California. The
Developer shall pay all fees and charges incurred in connection with any such
recording, if so requested by Danville.
SECTION IV – RELIANCE
Danville and the Developer hereby recognize and agree that the representations and
covenants set forth herein may be relied upon by Danville and the Developer. In
performing their duties and obligations hereunder, Danville may rely upon statements
and certificates of the BMR ADU Owners and Qualifying Low Income Household
Regulatory Agreement and Declaration 7
of Restrictive Covenants — SD 9479
tenants, and upon audits of the books and records of the BMR ADU Owners pertaining
to occupancy of the BMR ADUs. In performing its duties hereunder, BMR ADU Owners
may rely on tenant-supplied information in the Income Certification Questionnaire,
unless they have actual knowledge or reason to believe that such information is
inaccurate.
SECTION V - ADDITIONAL DANVILLE REQUIREMENTS
1.Enforcement. Danville may assign its authority to regulate and enforce the
Agreement to the Housing Authority of the County of Contra Costa, a nonprofit
housing agency or other similar entity upon advance written notice to the BMR
ADU Owners and the Developer.
2.Priority for Danville Residents or Employees. So long as the Density Bonus
Ordinance so provides, households with Danville residents who meet the
qualifications for occupancy of the BMR ADUs will have first preference for the
BMR ADUs; second preference will be given to households with Danville
employees who meet the qualifications for occupancy of the BMR ADUs; third
preference shall be given to all other eligible households. A Danville resident or
employee (or spouse) is one who has lived or worked in Danville for the year
immediately preceding the proposed occupancy of the BMR ADU.
3.Default. If Danville learns of any default under this Agreement, Danville may
declare the defaulting party in default by giving such party written notice
specifying the nature of the default. If the default is not cured to the reasonable
satisfaction of Danville within thirty days after such notice (or as may be
extended by Danville to reasonably cure such default), Danville may apply to a
court of competent jurisdiction for such relief as may be appropriate.
4.Relief from Restrictions. The Danville Town Council may grant a waiver,
relaxation or amendment of the restrictions contained in this Agreement upon a
finding by the Council, in its reasonable discretion, of diligent effort by the BMR
ADU Owner of efforts to comply with the provisions of this Agreement and an
inability to find a Qualifying Low Income Household tenant. Requests to waive,
relax and/or amended these restrictions shall be placed on a regularly scheduled
Danville Town Council meeting within forty-five days of receipt of such request.
5.Timing for Compliance. The Developer shall obtain a certificate of occupancy for
all eight of the BMR ADUs no later than Danville’s issuance of the eighteenth
certificate of occupancy for non-BMR ADUs in the Project.
Regulatory Agreement and Declaration 8
of Restrictive Covenants — SD 9479
SECTION VI - NOTICES
All notices sent pursuant to this Agreement shall be sent by certified mail return receipt
requested to the following addresses:
Danville: Town of Danville
510 La Gonda Way
Danville, CA 94526
Attention: Chief of Planning
Developer: TH Danville LLC
Attention: Tony Bosowski
3001 Bishop Dr #100
San Ramon, CA 94583
With a copy to: TH Danville LLC
Attention: John Willsie
3001 Bishop Dr #100
San Ramon, CA 94583
Upon sale by the Developer of Lots 1, 2, 8, 12, 13, 14, 16, and 18 of Edendale - SD 9479,
notification shall be sent to the acquiring owners of BMR ADUs.
SECTION VII - MISCELLANEOUS
1.Recitals and definitions incorporated. The recitals and definitions are expressly
incorporated in and made part of this Agreement. This Agreement is an
integrated document, and it is intended that it be recorded to Lots 1, 2, 8, 12, 13,
14, 16, and 18 of Edendale - SD 9479 for the fifty-five (55) year term specified
herein.
2.Binding effect. Except as provided for elsewhere in this Agreement, the
obligations of this Agreement shall run with the land and be binding on, and
inure to the benefit of, all heirs, administrators, executors, successors, assigns,
transferees, designees or agent of the parties for the thirty-year term specified
herein.
3.Attorneys' fees and costs. If any action is brought to enforce or interpret the
terms of this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees and costs.
Regulatory Agreement and Declaration 9
of Restrictive Covenants — SD 9479
4.Controlling agreement. The Developer represents that it has not, and will not,
execute any other agreement with provisions contradictory to, or in opposition
to, the provisions of this Agreement, and that, in any event, this Agreement is
controlling as to the rights and obligations between and among Danville, the
Developer and their respective successors in interest with respect to the
establishment of BMR AUs for the Project.
5.Limits on liability. Danville shall not be liable to any BMR ADU Owner, or
become obligated in any manner to any BMR ADU Owner, because of such BMR
ADU Owner's failure to comply with the terms of any agreement for the
operation and rent of a BMR ADU.
6.Intent and validity. The intent of this Agreement is to preserve the affordability
of the BMR ADUs for Qualifying Low Income Households, while leaving
ownership of the BMR ADUs, for federal income tax purposes, with BMR ADU
Owners. To that end, if, for so long as the BMR ADUs are subject to this
Agreement, any portion of this Agreement is determined to deprive a n BMR
ADU Owner of ownership of an BMR ADU for federal income tax purposes shall
be invalid and shall have no force or effect with respect to the BMR ADU Owner
and the associated BMR ADU.
7.Independent and several provisions. If any one or more of the provisions
contained in this Agreement is held to be invalid, illegal or unenforceable in any
respect, then such provision or provisions shall be deemed severable from the
remaining provisions contained in this Agreement, and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
8.Captions and paragraph headings. Captions and paragraph headings used in
this Agreement are for convenience only and shall not be used to interpret any of
its provisions.
9.State law. The terms of this Agreement shall be interpreted and enforced under
the laws of the State of California.
10.Term. The term of this Agreement shall be a period of fifty-five years from the
date on which a certificate of occupancy is issued with respect to the BMR ADUs
and this Agreement shall terminate and be of no further force or effect thereafter.
Upon the request of the Developer, Danville and the Developer shall enter into
an amendment to this Agreement memorializing the date of the issuance of a
certificate of occupancy for the BMR ADUs and the expiration of the term of the
Agreement, which Amendment shall be recorded in the Official Records of the
Regulatory Agreement and Declaration 10
of Restrictive Covenants — SD 9479
County of Contra Costa. The Planning Director or Town Manager for Danville
shall be empowered and authorized to execute such amendment on behalf of
Danville without the requirement of any further authorization or resolution.
SECTION VIII – RIGHTS OF MORTGAGEES
In no way shall this Agreement defeat or render invalid the lien of any security
instrument recorded before or after the recordation of this Agreement. This Agreement
shall be binding and effective against the holder of such encumbrance whose interest is
acquired by foreclosure, trustee’s sale, deed or assignment in lieu thereof, or otherwise;
provided, however, that the foreclosing lender or its affiliates shall not be personally
liable for any violations arising prior to their acquiring any portion of the Proper ty by
foreclosure or conveyance in lieu of foreclosure but all such existing obligations
(including existing violations) shall continue to run with the land under this Agreement
and bind the subsequent owners.
Regulatory Agreement and Declaration 11
of Restrictive Covenants — SD 9479
The parties have executed this Agreement on the date first written above.
Danville: Developer:
The Town of Danville TH Danville LLC,
a Delaware limited liability company
By: ______________________________ By: ______________________________
Joseph A. Calabrigo, Town Manager Tony Bosowski, Authorized Agent
Dated: ______________, 2020 Dated: ______________, 2020
Approved as to form:
By: ______________________________
Robert Ewing, City Attorney
Dated: ______________, 2020
Attest:
By: ______________________________
Marie Sunseri, City Clerk
Dated: ______________, 2020
EXHIBIT “1”
LEGAL DESCRIPTION OF THE PROPERTY
A legal description of The Collection (Subdivision 9479) was recorded in Book 542,
Pages 29 – 33 on February 25, 2020 in the Office of the County Recorder of Contra Costa
County.
EXHIBIT “2”
MAXIMUM ALLOWABLE RENTAL RATES FOR QUALIFIED LOW INCOME
HOUSEHOLDS - APRIL 2020
Income Level and Housing Costs /
Household Size
1-Person
Household
2-Person
Household
3-Person
Household
4-Person
Household
5-Person
Household
Median Income April 2020 HCD figures $83,450/yr. $95,350/yr. $107,300/yr. $119,200/yr. $128,750/yr.
80% of Median for Low Income $73,100/yr. $83,550/yr. $94,000/yr. $104,400/yr. $112,800/yr.
30% income assignment to housing $21,930/yr. $25,065/yr. $28,200/yr. $31,320/yr. $33,840/yr.
Maximum monthly Low Income rent
(includes cost of utilities) $1,827/mo. $2,088/mo. $2,350/mo. $2,610/mo. $2,820/mo.
Excerpt from Project Conditions of Approval- The Collection (2550 Camino Tassajara)
ATTACHMENT C