HomeMy WebLinkAbout2003-022 Rental Agrmt - Butler1:c/7
· ~nen Recorded Return to:
Barbara Christensen, City Recorder
20 East Main Street, Ashland, Oregon 97520
CITY OF ASHLAND AFFORDABLE HOUSING
RENTAL AGREEMENT WITH DEVELOPER
Agreement entered into on the / ~7'X' day of ,~/" ~' x' ~, r-~/, , 2,0,03, by the
City of Ashland ("CitY") and Charles L. Butler and Linda S. Butler ( O~ner' ) regarding
certain real property located at 228 Grant Street and 236 Grant Street, Ashland,
Oregon, tax lots 1700, 1800 and 1900, 391E05AC and more particularly described on
the attached Exhibit A ("the property").
RECITALS:
A. Owner has received approval to construct a 5,788 square foot office building and 24
residential condominiums in planning action #2001-089.
B. As a condition of this approval, City required that the Owner enter into an agreement
with the City requiring Owner to make two of the residential units affordable for
moderate income persons in accord with the standards established by resolution of the
Ashland City Council. Owner has designated two units to fulfill this condition described
as units 2-A located at 228 Grant Street and 2-G located at 236 Grant Street("the rental
units").
C. This agreement fulfills the condition of approval described in Recital B.
City and Owner agree:
1. Binding Covenants - Rental Units. Owner declares and agrees that the rental units
shall be held, sold, and conveyed subject to the following covenants, conditions and
restrictions, which shall constitute covenants running with the land and shall be binding
on all parties having any right, title or interest in the rental units or any part, their heirs,
successors and assigns:
1.1 Restriction on Renting. The rental units shall be rented only to persons of
moderate income in accord with the standards established by Resolution No. 93-39 of
the Ashland City Council adopted October 20, 1993.
1.2 Occupancy Requirements. Owner will require only those qualified under
paragraph 1.1 to occupy a rental unit and will permit no sublease or assignment unless
the sublessees or assignees are also qualified as provided in this paragraph 1.
1.3 Maximum Rent Requirements. The rent charged for a rental unit shall not
exceed 23% of the qualifying monthly income, as that phrase is defined in Resolution
93-39, under the formulas set forth in that resolution.
1.4 HUD Qualified Tenants. Owner shall rent to any HUD Section 8 qualified
applicants and shall accept rent vouchers where applicable.
03 1~01~
2. Records and Reporting.
2.1. Records. Owner shall maintain records indicating the name, address and
telephone number of the renter or lessee; the amount of rent and the terms of the rental
or lease agreement, and a financial statement signed by the renter or lessee and his or
her spouse, if any, in a form acceptable by the City and accompanied by such
supporting documentation as may be requested by the City. Owner shall have the renter
or lessee update the financial statement and other information requested by the City at
least annually. City may at any reasonable time inspect the records required by this
paragraph to determine compliance with this agreement.
2.2. Annual Reports. Owner shall file a written report with the City of Ashland
Planning Department at least once each year dating from the date of this agreement.
The report shall contain the occupancy information described in the paragraph
immediately above for the rental units.
3. Priority and Effectiveness of this Agreement. This agreement, or a memorandum
of this agreement, shall be filed for recording in the County Clerk deed records, Jackson
County, Oregon prior to any sale, conveyance, transfer or other disposition of the
property or units, or of any estate or interest in the property or units, by Owner. The
agreement shall have priority over any subsequent sale, conveyance, transfer, lease or
other disposition or encumbrance of the property or units, or of any estate or interest in
the property or units.
4. Term of Aareement. The covenants, conditions and restrictions contained in this
agreement shall continue for a period of 20 years from the date of this agreement.
5. Survival of Aareement Upon Transfer. The City's rights under this agreement shall
survive any transfer of the property or any rental unit or units by Owner.
6. Notices. Except as otherwise 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 deemed to have been
delivered and received on the date of personal delivery or five days after deposit in the
mail, if sent to the following addresses:
City:
Affordable Housing Coordinator
c/o City Administrator
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
OWNER:
Charles L. and Linda S. Butler
357 Reiten Drive
Ashland, OR 97520
The addresses above may be changed by notice given pursuant to this paragraph.
7. Waiver. No condition of this agreement shall be deemed waived unless expressly
waived in writing by City.
8. Default and Remedies. A default shall occur if Owner fails to perform or abide by
any covenant, condition, agreement, or obligation in this agreement and such failure, to
the extent curable, is not cured within 30 days after written notice from City specifying
the default.
If any default occurs, City may, at its option, enforce any of the remedies set forth in this
paragraph:
8.1 Specific Performance. City may specifically enforce the covenants and
conditions contained in this agreement or by mandamus or other suit, action or
proceeding at law or in equity, require the Owner to perform its covenants, conditions,
agreements, and/or obligations in this agreement, or to abate, prevent, or enjoin any
acts or things which may be unlawful or in violation of the rights of the City in this
agreement.
8.2 Appointment of Receiver. The right in Connection with any legal
proceedings to have a receiver appointed to take possession of the rental units, with the
power to protect and preserve the rental units and to use the rental units as specified in
this agreement. The receiver may serve without bond if permitted by law.
8.3 Money Damages. City may take such other action available at law, in
equity, or otherwise as may appear necessary to enforce the covenants, conditions,
agreements, and/or obligations of the Owner in this agreement, in such order and
manner as it may select, to recover monetary damages caused by such violation or
attempted violation of any covenant, condition, agreement, and/or obligation. Such
damages to include but not be limited to all costs, expenses including but not limited to
staff and administrative expense, fees including but not limited to all reasonable
attorneys' fees which may be incurred by the City or any other party in enforcing or
attempting to enforce this agreement following any default on the part of the Owner or
the Owner's successors, whether the same shall be enforced by suit or otherwise;
together with all such costs, fees and expenses which may be incurred in connection
with any amendment to this agreement or otherwise at the request of the Owner.
8.4 Other Remedies. Any other right or remedy provided by law.
9. Attorney Fees. If a legal action is commenced to enforce any of the previsions of
this agreement, including, without limitation, any arbitration, mediation, or action in any
court, including the prosecution or defense of any proceeding in bankruptcy court, the
prevailing party shall be entitled to recover from the other party costs, disbursements
and attorney fees incurred both at trial and on appeal. If the legal action results in a
monetary judgment, injunction or other equitable relief, the prevailing party shall also be
entitled to recover, in addition to prejudgment attorney fees, an amount sufficient to
defray the expense of attorney fees and other costs and disbursements necessary for
enforcement or collection of the judgment. As used in this paragraph the term "costs"
includes expenses for expert witness fees, pretrial and post-judgment discovery, title
03 1601
search and title insurance charges, and any other reasonable expenses, whether or not
they would otherwise be known as "costs and disbursements."
~L.~Butler
Charles L. Butler
L~~r~¢
CITY OF ASHLAND
,, City Administrator
REVIEV~ED'J~S TO CO~.,,~
~i~ctor 6~Co~nity Devo~pment
D~ Ct. 30.
REVIE'~ED~S~ FORM:
BY
City Attorney
Date
State of Oregon
County of Jackson
This instrument was acknowledged before me on
Charles L. Butler and Linda S. Butler as owners.
State of Oregon
County of Jackson
!
i~- .2003, by
Notary Public for Oregon
My Commission expires: ~,~j~ ,-~. ~t' ~
This instrument was acknowledged before me on --'~~' / / , 2003, by
Brian Almquist as City Administrator of the City of Ash,l~nd, Ore~(L~n.
~~ N~tary P~blic for Oregon
~~ SONJA U AKERMAN ~ My Commission expires:
~[~ NOTARY PUBLIC- OREGON ~
~~/ COMMISSION NO. 355829 ~
~ MY ~MMIS~ON ExPmES ~
.... - ~- - _ -
A tract of land situated in the Northwest one-quarter (1/4) of Section 5 in Township 39 South,
Range 1 East, Willamette Meridian, Jackson County, Oregon, being more particularly described
as follows:
BEGINNING at a point for the Northeast corner of tract described in Instrument No. 85-13500
of the Deed Records of Jackson County, Oregon, said point being the point of intersection of the
Southerly right-of-way line of Grant Street and the Southwesterly right-of-way line of North
Main Street; thence South 32o16'43" East (record South 32o17, East) along said Southwesterly
right-of-way line of North Main Street, a distance of 162.02 feet (Record 162.07 feet) to a point
on the boundary line described in agreement per Instrument No. 81-18079, said Deed Records;
thence North 89o50'43" West (Record North 89°51' West) along said agreement line 204.74 feet
(Record 214.83 feet) to a point on the Easterly boundary of tract described in Instrument No. 92-
10003, said Deed records; thence South 05006'07" East along said Easterly boundary, 61.42 feet
(Record 61.15 feet) to the Southeast corner thereof} thence North 89o50'43" West (Record
WEST) along the Southerly boundary of said tract and the Southerly boundary of tract described
in Instrument No. 96-21766, said Deed Records, a distance of 233.83 feet to the Southwest
corner of said tract described in Instrument No. 96-21766; thence North 00o06'00" West along
the Westerly boundary of said tract, 198.65 feet (Record 198 feet) to a point on the
aforementioned Southerly right-of-way line of Grant Street; thence South 89o43'27" East along
said right-of-way line, 346.93 feet to the POINT OF BEGINNING. Containing 1.55 acres, more
or less.
! PROFESSIONAL
Douglas C. McMahan
L.S. 1913 - Oregon
Expires 12/31/04
Hoffbuhr & Associates, Inc.
Butler Hillview - Boundary
March 17, 2003
(01-183)
(btkhlvw. dcm)
DCM:am
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
MAR 1 ? 2003