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City Council Meeting 9 -14-82
Santa Monica, California
ORDINANCE NUMBER 1259(CC5)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
APPROVING DEVELOPMENT AGREEMENT BETWEEN
2701 OCEAN PARK CORPORATION
AND THE CITY OF SANTA MONICA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. The development agreement attached hereto
and incorporated by reference between 2701 Ocean Park
Corporation, a California corporation, and the City of Santa
Monica, a municipal corporation, is hereby approved.
SECTION 2. Each and every term and condition of the
development agreement approved in Section 1 of this ordinance
shall be and is made a part of the Santa Monica Municipal Code
and any appendices thereto. The City Council of the City of
Santa Monica finds that the public necessity, public convenience,
and general welfare require that any provision of the Santa
Monica Municipal Code or appendices thereto inconsistent with the
provisions of this development agreement, to the extent of such
inconsistencies and no further, is hereby repealed or modified to
that extent necessary to make fully effective the provisions of
this development agreement.
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SECTION 3. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to give full force and effect to the provisions of this
ordinance.
SECTION 4. If any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of com-
petent jurisdiction, such decision shall not render invalid the
remaining portions of the ordinance. The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City Clerk
shall cause the same to be published once in the official
newspaper within 15 days after its adoption. The ordinance shall
become effective 30 days from its adoption.
APPROVED AS TO FORM:
~\W'l.~
ROBERT M. MYERS U
City Attorney
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ADOPTED AND APPROVED THIS
14th
DAY
OF September
~ 1982.
Uck
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I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~
NO. 1259
(CCS)~ WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 7th DAY OF September
1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE C I TV COUNC I L ON THE 14 th DAY OF September
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1982 BY THE FOLLOWING COUNCIL VOTE:
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AYES:
COUNCILMEMBERS: Conn, Edwards, Press, Zane and
Mayor Yannatta Goldway
NOES:
COUNCILMEMBERS: Reed
ABSENT:
COUNCILMEMBERS: Kane
ABSTAIN:
COUNCILMEMBERS: Jennlngs
ATTEST:
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// CITY CLERK
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cONT~~CT ~O. 3841(CC5)
Recording Requested By:
And When Recorded Mail To:
Space above this line for Recorder's use.
DEVELOPMENT AGREEMENT
by and between
the City of Santa Monica, California
and 2701 Ocean park Corporation,
a California corporation
("Project Owner-)
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TABLE OF CONTENTS
PARAGRAPH
PAGE
Recitals 1
1. Definitions 2
2. Exhibits 3
3. Description of Real Property 3
4. Interest of Property Owner 3
5. Binding Effect of Agreement 3
6. Relationship of Parties 4
7. Description of Project 4
8. Uses 4
A. Residential Housing 5
B. Community Commercial Uses 5
c. Day-Care Center 8
D. Other Commercial Uses 11
9. Affordable Housing 11
A. Distribution of Units 11
B. Affordability 12
c. Verification of Eligibility 15
D. Leasing Agreement with the City 15
10. Traffic and Emission Abatement 16
11. Effect and Duration of Covenants 17
12. City.s Approval of Project 18
(1)
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PARAGRAPH
PAGE
13. Project Approvals
A. City Permits
B. Architectural Review Board Approval
c. City Approval of Plans, Drawings
and Related Documents
14. Time for Construction and Completion of Project
A. Beginning of Construction
B. Completion of Project
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19
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20
20
21
15. Certificate of Completion 21
16. Subdivision of Property 22
17. Effect of Agreement on Land Use Regulations 23
18. Periodic Review In Compliance With Agreement 23
19. Amendment Or Cancellation of Agreement 23
20. Enforcement 23
21. Subsequent Acts 24
22. Events of Default 24
23. Procedure Upon Default 2S
24. Notice of Termination 26
25. Enforced Delay; Extension of Times of Performance 26
26. Attorneys' Fees and Costs 27
27. Hold Harmless 28
(ii)
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PARAGRAPH
28. Energy Conservation
A. Solar Heating
B. Operable Windows
C. Other Energy Considerations
29. Insurance
30. Subordination: Attornment
31. Notices
32. Headings
33. Assignment
34. Agreement
35. Governing Law
36. Duration of Agreement
37. Recording of Agreement
(iii)
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29
29
29
30
30
30
31
32
33
33
33
33
34
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this 14th day of September,
A~4~? 1982, by and between 2701 OCean Park Corporation, a
California corporation (hereinafter referred to as "Property
Owner") and the City of Santa Monica, california, a Charter City
organized and existing under the laws of the State of California
(hereinafter the .City.).
RBCIT~T..!=I:
This Agreement is predicated upon the following facts:
A. Pursuant to the Charter of the City of Santa
Monica, the City has the power to enter into binding
development agreements for the development of real property
and has duly adopted rules and regulations establishing
procedures and requirements for consideration of development
a9reements~
B. The City intends to enter into binding development
agreements with persons having legal or equitable interests
in real property for the development of such property,
pursuant to the City's Charter and the provisions of state
law~
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C. Property Owner has requested the City to consider
entering into a development agreement and proceedings have
been undertaken in accordance with the City's rules and
regulations; and
D. The City Council of the City (hereinafter the
nCounciln) has found that this Development Agreement is
consistent with the general plan.
NOW THEREFORE, the parties agree:
1. Definitions. In this Agreement, unless the context
otherwise requires:
(i) .City" is the City of Santa Monica, California.
(ii) "projectn is the development contemplated by
this Agreement.
(iii) .Property Owner" means the entity or person
having a legal or equitable interest in the real property as
described in Paragraph 3 and includes the Property Owner's
successors in interest:
(iv) "Property" is the real property referred to in
Paragraph 3.
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2. Exhibits. The fOllowing documents are referred to in
this Agreement and are attached hereto and made a part hereof by
this reference:
Exhibit
Desiqnation
Description Referred to in Paragraph
A
Real property 3
B
Basic Concept Drawings 7
Scope of Development 7
c
D
Rental Schedule 9
3. Description of Real Property. The real property which
is the subject of this Agreement is described in Exhibit nAn
(hereinafter the "Property").
4. Interest of Property OWner. Property Owner represents
that it has a legal interest in the Property and that all other
persons holding legal or equitable interest in the Property are
to be bound by this Agreement.
5. Binding Effect Of Agreement. The burdens of this
Agreement bind and the benefits of the Agreement inure to the
successors in interest to the parties to it.
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6. Re1ationship Of Parties. It is understood that the
contractual relationship between the City and Property Owner is
such that the Owner is an independent contractor and not the
agent of the City.
7. Description Of Project. Project OWner has prepared and
submitted Basic Concept Drawings attached hereto as Exhibit "Bn
(the ftBasic Concept Drawings") and a written description attached
hereto as Exhibit "en (the "Scope of Development") depicting the
elevations, site layout, basic design concepts, including maximum
height and maximum size for the project, and locations of ingress
and egress to streets. By the adoption of the ordinance
authorizing the City to enter into this Agreement, the City has
approved the Basic Concept Drawings and Scope of DeveloPment.
The Property shall be developed as a logical evolution of the
Basic Concept Drawings and Scope of Development except as changes
may be mutually agreed upon between the Project Owner and the
City.
8. Uses. Project Owner covenants and agrees for itself,
its successors, its assigns, and every successor in interest to
the Project and any part thereof, that the Property shall be
devoted to commercial, office and residential uses as herein set
forth, provided, however, that this covenant as to use is merely
a covenant to make the Project available for occupancy for these
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uses, but is not intended to be nor shall it be construed to be a
covenant to operate any of the improvements which are to be
constructed, or in any way affirmatively obligate Project Owner
or any assignee to operate the improvements for the purposes
designed or any other purpose. Project Owner shall have the sole
right and discretion to establish qualification standards for
prospective commercial and office occupants and the terms and
conditions for the operating and leasing of the commercial and
office portions of the Project, including the selection of
tenants.
A. Residential Bousing. The northern section of the
third floor of the Project, as indicated in the Basic Concept
Drawings, consisting of not less than 16,802 gross squar~ feet of
adjusted floor area, including balconies and corridors which only
service the residential area, shall be used for the provision of
18 units of residential housing as defined in Paragraph 9, below.
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B. eom.unity Camaercial Uses. It is the intent of the
parties that not less than 16,245 square feet of adjusted floor
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area of the Project (the "Community Use Space") shall be leased
to qualified commercial users ("Community Use Tenants") who under
the terms of their leases shall agree to engage in one or more of
the activities described in Section 1, paragraph (e) of City
ReSOlution Number 6385, passed by the Council on October 27, 1981
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(hereinafter the .Community Uses.), under substantially the same
terms and conditions then offered to other commercial tenants in
the Project.
In furtherance thereof, Property Owner shall make its
interest in leasing to commercial users engaged in Community Uses
known in the marketing for the commercial portion of the Project~
shall give priority to leases with qualified occupants for the
commercial portion of the Project consistent with the terms of
this paragraph SB: and shall retain all leasing records
pertaining to the commercial portion of the Project and shall
make any such records available for inspection by the City for a
period of twelve (12) months from the date of such record's
preparation.
In the event that not less than 5,686 square feet of
adjusted floor area the Project are leased, on or before the date
that the first certificate of occupancy is issued to the Project
pursuant to Paragraph 15 below (the nC of 0 daten), to Community
Use Tenants, Project Owner shall attempt to lease the remainder
of the Community Use Space to Community Use Tenants for an
additional period of three (3) months after the C of 0 date. Any
Community Use Space not so leased at the conclusion of such three
month period shall be offered for an additional six (6) months by
Project Owner for lease to Community Use Tenants at a rental rate
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per square foot (on a triple-net basis) equal to not more than
eighty percent (80%) of the average price per square foot
provided for in all leases then executed covering any commercial
space in the Project. In the event that any Community Use Space
is still not leased at the conclusion of such additional six (6)
month period, project Owner may offer such space to any potential
tenant intending to engage in any use permitted by current C-2
zoning law for a lease of not more than five (5) years.
In the event that less than 5,686 square feet of adjusted
floor area of the Project are leased to Community Use Tenants on
or before the C of 0 date, Project Owner shall attempt to lease
the remainder of the Community Use Space to Community Use
Tenants, at any rental rate desired by Project Owner, for a
period of one (1) year from the C of 0 date. At the conclusion
of such one (I) year period, any Community Use Space not so
leased may be offered to any potential tenant intending to engage
in any use permitted by current C-2 zoning law for a lease of not
more than five (5) years.
Any Community Use Space rented to other than Community Use
Tenants shall be reoffered to potential Community Use Tenants for
a period of not more than six (6) months after the expiration of
the lease term, except that if such space has been occupied under
three (3) or more leases by tenants not engaged in Community
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Uses, Project Owner may immediately offer such space to any
potential tenant intending to engage in any use permitted by
current C-2 zoning law.
The square footage figures used above are calculated on the
basis of a Project consisting of one hundred twenty-three
thousand four hundred eighty-five (123,485) square feet of
adjusted floor area; shall the Project actually consist of less
adjusted floor area, the figures given above shall be
proportionally reduced.
c. Day-care Center. A day-care center consisting of
approximately 4,000 square feet of indoor space will be contained
within the Project and such facility will be made available for
lease to those qualified licensed day-care operator{s) selected
by Property Owner after consultation with the City, at the rate
of one dollar ($l.OO) per year on a triple-net basis. Property
Owner shall have the right to terminate the lease upon the
failure of the lessee to meet the standards of operation or to
pay the expenses specified in the lease. The lessee shall have
no right to sublet or assign the day-care center space. Property
Owner shall submit its proposed day-care center lease to the City
Attorney for approval as to form, required qualifications of
prospective operators and rates to be charged. The day-care
center shall, consistent with any applicable state and federal
requirements, be offered on the following priority basis:
1) to children of residents of or of employees
working in the Project:
2) to children of residents of the City;
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3} to children of employees of businesses located
in the City: aoo, finally
4) to all other children.
Property Owner shall continue to provide space for the
above-described day-care center so long as a qualified lessee
operates the center under the terms of the approved lease. If
the space is not operated as a day-care center for more than two
(2) consecutive months then the City shall enter into a lease to
operate the day-care center, which lease shall be Property
Owner's day-care center lease as approved in accordance with this
Paragraph 8C. If the space is not operated as a d~y-care center
for more than six (6) consecutive months for the sole reason that
no qualified operator seeks to operate it then Property Owner may
re-lease the space for other purposes. The time periods
specified in this Paragraph 8e shall co~~ence and run only upon
written notice by Property Owner to the City of such
commencement.
Notwithstanding the foregoing, for a period ending January 1,
1983, the Council shall have the sole and exclusive option to
request Property Owner to agree to modify the obligation of
Property Owner described abovel by eliminating the requirement to
provide a day-care center in the Project: provided, that Property
Owner agrees to remodel and refurbish the City fire station
located in Clover Park (hereinafter the "Fire Station"),
including providing the fallowing improvements: finished
lavatories meeting state standards for day-care centers: finished
inside walls, taped, spackled and painted: vinyl tile floor and
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wall base: acoustic tile ceiling; fluorescent lighting:
storefront and entrance door; primary distribution of HVAC to the
space: primary distribution of electric service to the space;
primary and secondary distribution of sprinklers as required by
fire department regulations for unoccupied space; building
standard window blinds: reasonable outdoor play equipment: plus
an amount of not more than five thousand dollars ($5,000.00) for
necessary furnishings and equipment for the indoor area. Such
remodelling and refurbishing shall be completed concurrently with
the completion of residential housing in the Project, as
described in Paragraph 15 B.
In addition to the foregoing, for a period ending six (6)
months after Property Owner's receipt of the first certificate of
occupancy pursuant to Paragraph 15 below, Property Owner shall
have the sole and exclusive optionl upon written notice to the
City, to reduce the square footage in the Project required under
this Paragraph 8C to be used as a day-care center by 1,000 square
feet for each $20,000 that Property Owner shall provide to the
City, which sums the City agrees to use in connection with such
community and/or social services project(s) as the City shall
designate. Said payment by Project OWner shall be in the form of
a promissory note having an original principal amount calculated
in the manner described above, payable to the City and executed
by Project Owner, with a term of six (6} years, providing for
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equal annual payments, commencing on the date of the notice
described above and payable in advance on each anniversary date
thereafter, and otherwise in a form reasonably satisfactory to
Project Owner.
D. Other Commercial Uses. All other leasable portions
of the Project shall be devoted to office uses and commercial
uses permitted in a C-2 Neighborhood Commercial District
(sometimes referred to herein as "commercial uses.).
9. Affordable Housing.
A. Distribution of Units. Project Owner shall use its
best efforts to apply the following priorities when
considering prospective lessees of the residential housing in
the Project:
(i) Workers employed by commercial owners or
commercial tenants occupying space in the Project: and
then,
(ii) Senior citizens and families with children.
The housing in the Project shall consist of not less
than eighteen (18) units, but may, at Project Owner's
discretion, consist of more units. Distribution shall be not
less than six (6) two-bedroom units, ten (10) one-bedroom
units, and two (2) studio units. A laundry facility will be
provided for residents.
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B. ~~~ordabili~y. In light of the City's current
shortage of housing that is affordable to persons of low and
moderate incomes, and as a means of addressing any increase
in the demand for such housing ~ssociated with the
development of the project, Property Owner agrees to make the
residential portion of the Project available to a mix of
persons and families of very low, low, median and moderate
incomes as follows:
(i) Six (6) of the units shall be affordable and
rented to persons and families with annual incomes of
less than 50% of median income adjusted for family
size. The rental formula for these units shall be as
follows:
Median Income as of date of initial Rental Agreement, without
adjustment for famill size x 50% x Bedroom Adiustment ~ 25%.
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(ii) Five (5) of the units shall be
affordable and rented to persons and families
with annual incomes of between 51% and 100% of
median income, adjusted for family size. The
monthly rental formula for these units shall
be as follows:
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Median Income as of date of initial Rental Agreementl without
adjustment for family size x 100% x Bedroom Adjustment
x 25%
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(iii) The remainder of the units shall
be affordable and rented to persons and
families with annual incomes of between 100%
and 120% of median income, adjusted for family
size. The monthly rental formula for these
units shall be as follows:
Median Income as of date of initial Rental Agreement, without
adjustment for family size x 120% x Bedroom Adjustment
x 25%
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"Median income" for purposes of this Agreement is
defined as the median household income for the County of Los
Angeles as determined from time to time by the United States
Department of Housing and Urban Development or any successor
U.S. federal agency ("aUD") for the Standard Metropolitan
Statistical Area in which Santa Monica is located, without
adjustment for family size. As of the date of this
Agreement, the City represents to Project OWner that median
income is $ 27,400. The rental rates for existing tenants
shall be adjusted annually by a percentage to reflect the
percentage annual increase in median income. Attached hereto
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and incorporated herein by reference as Exhibit "D" is a
rental schedule for the affordable housing as of the date of
this Agreement, which schedule indicates the current results
of the formulas described above, based upon information
furnished by the City.
For purposes of this Agreement, "Bedroom Adjustmentft shall
be defined to equal the following figures, dependent on the size
of the unit in question: studio: .65~ 1 bedroom: .75~
2 bedrooms: .9.
After initial occupancy, Property OWner is not in breach of
this condition if the income of a person or family increases
during the period of occupancy. In addition, the rent for any
unit may be set by Project Owner at the prevailing Section 8
Existing Fair Market Rent (as that or any successor formula is
defined by HOD) for any tenant who is participating in said
program for the duration of such participation. Residential
tenants shall be responsible for payment of all utility costs.
Project Owner may establish from time to time rules and
regulations for the residential portion of the Project.
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C. Verification of El1Sibility. property Owner shall
maintain records demonstrating eligibility for housing pro-
vided hereunder. The records shall be open for inspection
and copying by the City during normal business hours of
Property Owner. It is agreed by the parties that Project
Owner shall be entitled to rely upon information submitted to
it by actual or potential tenants.
D. Leasing Agreement with the City. Prior to or
concurrent with the issuance of the Certificate of Completion
in accordance with Paragraph 14, below, the Project Owner may
elect to enter into a master lease for the affordable housing
units with the City, its housing authority or other agency
acceptable to the City and Project Owner, pursuant to which
the City shall lease as master lessor for a term up to forty
(40) years the rental residential units at rental rates
determined in accordance with subparagraph A, above, subject
to adjustment as provided below. The master lease shall
provide that Project Owner shall be responsible for normally
expected maintenance of the residential units. Damage caused
by any negligent or intentional act or omission of a
sublessee or in excess of reasonable wear and tear shall be
the obligation of the master lessee. Said master lease shall
further provide that each sublessee of the City shall be
bound by the rules and regulations established from time to
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time by mutual agreement of the City and Project Owner, and
in addition shall provide for adjustment of the rental rate
by a percentage to reflect the percentage increase in median
household income as determined by HUD for the Standard
Metropolitan Statistical Area in which Santa Monica is
located, without adjustment for family size.
10. Traffic and Baission Abatement. The Project shall
include the following traffic and emission abatement measures:
(1) Reduced parking rates for car-pools and van-
pools.
(2) Free bus tokens, purchased by Project Owner or
its office tenants from the Santa Monica Municipal Bus
Line ("S.M. Line.) and provided to all employees of such
office tenants who li~e in the S.M. Line service area
and who desire such tokens (.Office Bus Commuters"), to
enable the Office Bus Commuters to travel between their
residences and the Project on S.M. Line buses.
Notwithstanding the foregoing, the aggregate cost of
providing such tokens to all Office Bus Commuters shall
not exceed Two Thousand Dollars ($2,000) per year, which
aggregate cost may at the request of the City be
increased at the end of each year by the lesser of the
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percentage equal to the percentage that the average ride
fare has been increased by the S.M. Line in the calendar
year then concluded, or eight percent (8%). As used in
this paragraph, the phrase ftaverage ride fare- shall be
the average fare paid by riders of the S.M. Line, as
calculated by the S.M. Line and disclosed to the public.
(3) Readily available bicycle parking areas.
(4) Such other measures as Property Owner
determines will reduce the traffic impact of the
Project.
These traffic abatement measures will be initiated no later
than upon occupancy of one-half (1/2) of the total gross square
footage of the Project.
11. Bffect And Duration Of Covenants. The covenants
provided for in this Agreement shall be binding on the party
bound by their terms, and any successor in interest to that
party, for the benefit and in favor of the other party and shall
remain in effect until forty (40) years following the date of the
issuance of the Certificate of Completion, except that the
covenants contained in Paragraph 9 shall remain in effect for the
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longer of forty (40) years following the date of the issuance of
the Certificate of Completion, or the life of the Project.
12. City's Approval of Project. By the adoption of the
ordinance authorizing the City to enter into this Agreement, the
City has approved the Basic Concept Drawings and Scope of
Development and the commercial, office and residential uses for
the Project as herein provided. Any provisions of the Santa
Monica Municipal Code or any other rule or regulation adopted
pursuant thereto, including but not limited to the City's zoning
ordinances, which is inconsistent with the ,Project and/or its
uses or is otherwise inconsistent with the provisions of this
Agreement, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
permit development of the Project and furtherance of the pro-
visions of this Agreement.
13. Project Approvals. Project Owner shall obtain and shall
be required to obtain only the following City approvals before
commencement of construction of the Project:
A. City Permits. Before commencement of construction
or development of any building, structure, or other work of
improvement upon the Property, the Project Owner shall at its
own expense, secure or cause to be secured the permits and
approvals provided for in subparagraphs Band C, below. The
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City shall provide all proper assistance to the Project Owner
in securing these permits, including the issuance or waiver
of such variances or permits as may be required to effectuate
the Basic Concept Drawings, the Scope of Development and Site
Map and to permit the uses specified by this Agreement.
B. Architectural Review Board Approval. The Project
Owner shall prepare and submit to the Architectural Review
Board ("ARB") of the City of Santa Monica such drawings and
specifications as are required by the rules and regulations
of the ARB detailing the exterior architectural treatment of
the Project. The approval of the ARB of the exterior archi-
tectural treatment of the Project shall be required as a
condition of any further approvals required by the City for
the construction of the Project and shall be granted if such
exterior architectural treatment is consistent with the Basic
Concept Drawings.
C. City Approval of Plans, Drawinqs and Related
Documents. Following architectural approval by the ARB, the
Project Owner shall prepare and submit construction drawings
and related documents to the building department of the City.
Approval of these construction drawings will be promptly
granted by the building department if developed as a logical
evolution of the Basic Concept Drawings and Scope of
Development. Any item previously approved shall not be
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subject to subsequent approval. Project Owner may apply and
if so shall receive necessary permits incrementally, if each
such permit covers activities which are a logical evolution
of the Basic Concept Drawings and Scope of Development.
If revisions or corrections may be required by the City
or any other official, agency, department or bureau of the
City having jurisdiction, the Project Owner and the City
shall cooperate in efforts to obtain the waiver of such
requirements or to develop a mutually acceptable alternative,
but no revision or correction shall be" required if it would
result in a material change, modification, revision or alter-
ation of the Project. For the purposes of this Agreement a
material change, modification, revision or alteration is one
which does not constitute a logical evolution of the Basic
Concept Drawings and Scope of Development.
14. ~iae por Construction And COmpletion of Project.
A. Beginnin9 of Construction. Subject to extension
pursuant to Paragraph 24 below, Property Owner agrees to
begin construction of the Project within 18 months after the
issuance of the building permit~ and further agrees not to
demolish any existing improvements unless Project Owner is
prepared to begin construction of the Project within 90 days
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thereafter. In the event Property Owner fails to begin
construction within the period herein provided, and unless
such failure is caused by the occurrence of one or more of
the events described in Paragraph 24 below, this Agreement
shall be automatically terminated and a hearing on the matter
shall not be required; provided, however, that the City and
Project Owner may agree to extend the Agreement by mutual
written consent.
B. Completion of Project. Property Owner agrees to
diligently prosecute to completion the construction of the
commercial portions of the Project and to complete such con-
struction within two (2) years after the actual day con-
struction begins, subject to extension pursuant to Paragraph
24 below. Project Owner shall apply for a certificate of
occupancy for the residential housing described above not
later than eighteen (18) months after the date of issuance of
the Certificate of Occupancy for the commercial portions of
the Project.
15. Certificate of co.pletion. The Project may be completed
in two (2) phases: one consisting of the commercial portions of
the Project (including the Community Uses) and the other con-
sisting of the residential housing. Promptly after completion of
each phase, the City shall provide the Property OWner with an
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instrument certifying the completion of that phase. The entire
Project shall be deemed complete within the meaning of this
Agreement at such time as all areas within the Project are
available for occupancy. The certification for both phases shall
constitute a conclusive determination that the obligations of the
Property Owner under this Agreement have been met: any failure to
receive certification or defect thereof shall not be evidence
that Property Owner has failed to meet its obligations here-
under. Each certification shall be in such form as will enable
it to be recorded in the Official Records of the Las Angeles
County Recorder. The City further agrees that upon substantial
completion of each phase of the Project, it shall cause a
Certificate of Occupancy for the Project, or any phase thereof
then completed, to be issued upon Property OWner's request, not-
withstanding that leasehold improvements are still to be done as
of the time of such request.
16. Subdivision Of Property. The City agrees to approve a
parcel map or subdivision map for the Project, as may be appro-
priate in accordance with applicable law, to divide the Project
into various parcels as determined by project Owner. Project
Owner shall prepare the necessary survey and tentative and final
map through its engineer at Project Owner's expense.
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17. Effect Of Agreement On Land Use Regulations. The rules
regulations and official policies governing permitted uses of the
Property, the density of the Property, the design, improvement
and construction standards and specifications applicable to
development of the Property are and shall remain those rules,
regulations and official policies in force as of September 7,
1982, except as otherwise provided herein.
18. Per iod ic Rev iew In Compliance Wi th Agreeaent. The Ci ty
shall review this Agreement at least once every 12 month period
from the date this Agreement is executed. During each periodic
review by the City, the Property Owner may be required to demon-
strate good faith compliance with the terms of the Agreement.
19. Amendment Or Cancellation Of Agreement. This Agreement,
and any covenants contained herein, may be amended or cancelled
in whole or in part only by mutual consent of the parties and any
subsequently adopted ordinance, rule or regulation or any action
by the City inconsistent with the provisions of this Agreementl
to the extent of such inconsistency and no further, shall not be
binding and is null and void upon the Property, the Project or
Property Owner.
20. Enforcement. Unless amended or cancelled as provided
for in Paragraph 18, this Agreement is enforceable by any party
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to it notwithstanding a change in the applicable general or
specific plan, zoning, subdivision or building regulations
adopted by the City which alter or amend the rules, regulations
or policies governing permitted uses of the land, density,
design, improvement and construction standards_ and specifi-
cations. In any litigation concerning this Agreement neither
party hereto shall assert as a claim or defense the invalidity of
this Agreement.
21. Subsequent Acts. This Agreement does not prevent the
City in subsequent actions applicable to the Property from
applying those new rules, regulations and policies the applica-
bility of which to the Property is set forth in this Agreement.
This Agreement does not prevent the City from denying or condi-
tionally approving any subsequent development project application
on the basis of existing or new rules, regulations and policies.
22. Events Of Default. Property Owner is in default under
this Agreement upon the happening of one or more of the fOllowing
events or conditions:
(i) If the City determines upon the basis of sub-
stantial evidence, and at a hearing at which Property
Owner has the opportunity, upon adequate notice, to
participate, that a warranty, representation or state-
ment made or furnished by Property Owner to the City and
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contained herein is false in any material respect or
proves to have been false in any material respect when
it was made; or
(ii) If the City determines upon the basis of sub-
stantial evidence, and at a hearing at which Property
Owner has the opportunity, upon adequate notice, to
participate, that the property Owner has not complied in
good faith with one or more of the terms or conditions
of this Agreement.
23. Procedure Upon Default.
(i) Upon the occurrence of an event of default,
the City may declare Property Owner to be in default and
may enforce or terminate this Agreement in accordance
with applicable procedures. Prior to any declaration of
default, written notice must be given to Property Owner
of the nature of such default and Property Owner shall
have ninety (90) days to cure said default; provided
that, if Property Owner can not cure within such period,
then Property OWner shall not be deemed in default if it
commences to cure within such ninety (90) day period and
thereafter diligently completes the same.
Opon the occurrence of an event of default on the
part of the City, and prior to Property Owner insti-
tuting any action to enforce the Agreement, Property
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Owner shall give written notice to City of the nature of
such default and City shall have ninety (90) days to
cure said default.
(ii) An express repudiation, refusal or renun-
ciation of this Agreement, if the same is in writing and
signed by the Property Owner, shall at the sole dis-
cretion of the City be sufficient to terminate the
Agreement and a hearing on the matter shall not be
required.
(iii) All other remedies at law or in equity which
are not otherwise provided for in the Agreement or in
the City.s regulations governing development agreements
are available to the parties to pursue in the event
there is a breach.
24. Notice Of Teraination. Upon any termination of this
Agreement, the parties hereto shall execute an appropriate notice
of termination suitable for recording in the official records of
Los Angeles County.
25. Enforced De1ay; Bxtension Of "riaes of Performance. In
addition to specific provisions of this Agreement, performance by
either party hereunder shall not be deemed to be in default where
delays or defaults are due to war~ insurrections; strikes; lock-
outs; riots; floods: earthquakes; fires; casualties; acts of God:
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acts of the public enemy; epidemics; quarantine restrictions;
freight embargoes; lack of transportation; governmental restric-
tions or priority (other than that governmental restrictions or
priorities of the City shall not excuse the City); unusually
severe weather; inability to secure necessary labor, materials
and tools; delays of any contractor, subcontractor or supplier;
acts of the other party; acts or failure to act of the City or
any other public or governmental entity (other than that acts or
failure to act of the City shall not excuse the City) or any
other causes beyond the control or without the fault of the party
claiming an extension of time to perform. An extension of time
for any such caUSe shall be for the period of the enforced delay
and shall commence to run from the time of the commencement of
the cause, if notice by the party claiming such extension is sent
to the other party within thirty (30) days of the commencement of
the cause. Times of performance under this Agreement may also be
extended in writing by mutual agreement of City and the Project
Owner.
26. Attorneys' Pees And Costs. If legal action by either
party is brought because of breach of this Agreement or to
enforce a provision of this Agreement, the prevailing party is
entitled to reasonable attorneys' fees and court costs. Such
fees and costs shall be payable regardless of whether said action
is prosecuted to final judgment.
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27. Bold Barmless. Property Owner agrees to and shall hold
the City, its officers, agents, employees and representatives
harmless from liability for damage or claims for damage for
personal injury including death and claims for property damage
which may arise from the direct or indirect operation of the
Property Owner or those of its contractor, subcontractor, agent,
employee or other person acting on its behalf which relate to the
Project, except that this sentence shall not apply 1) where such
liability or c~aim shall arise in connection with the residential
housing, if the City shall be the master lessee thereof, or 2)
where such liability or claim shall arise in connection with the
actual or alleged negligence of the City, its officers, agents,
employees or representatives. Property Owner agrees to and shall
defend the City, and its officers, agents, employees and repre-
sentatives from actions for damages caused or alleged to have
been caused by reason of Property Owner's activities in con-
nection with the Project, as limited above.
This hold harmless agreement applies to all damages and
claims for damages suffered or alleged to have been suffered by
reason of the operations referred to in this paragraph, regard-
less of whether or not the City prepared, supplied, or approved
plans or specifications or both for the Project.
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The City agrees to provide a defense for Property Owner in
any action challenging the legality of this development agree-
ment. In the event any such action shall successfully challenge
the legality of this Agreement, the City agrees to indemnify,
hold harmless, and pay all costs, including reasonable attorneyfs
fees, of the Project Owner incurred in connection with any such
action, and to enter into a new development agreement or other
official approval of the Project by the City with Project Owner
immediately after such challenge, incorporating the terms and
provisions of this Development Agreement, with those
modifications required by such successful challenge. The City
agrees to and shall hold harmless and defend Property Owner from
and against any and all liability from claims arising out of the
negligence of the City, 1tS officers, agents, employees or
representatives.
28. Energy Conservation. The Project will comply with all
provisions of California Title 24 Energy Regulations, and will
include as a minimum the following features:
A. Solar Heatin9. Solar panels, roof mounted, will
provide domestic water heating.
B. Operable Windows. Operable windows will be
provided in office and residential areas.
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c. Other Enerqy Considerations. As an affirmative
method of conserving energy, all energy used by each
residential occupancy unit shall be separately metered to and
paid for by the user of any such unit.
29. Insurance. Property Owner shall maintain public
liability insurance throughout the term of this Agreement in
amounts reasonably calculated by Property Owner to be sufficient
for the size of the Project: however, during the course of con-
struction such public liability insurance may be supplied by
Project Owner's contractor or other agent. The insurance shall
extend to the City, its elective and appointive boards,
commissions, officers, agents, employees and representatives and
- to Property Owner and each contractor and subcontractor per-
forming work on the Project. Property Owner shall furnish to the
City prior to the commencement of construction of the Project
satisfactory evidence that such insurance is in force. The
insurance shall provide coverage for claims and damage arising
out of the operations referred to in Paragraph 26 of this
Agreement.
30. Subordination; Attornaent. The City agrees that the
breach of any of the covenants or restrictions contained in this
Agreement shall not defeat nor render invalid the lien of any
mortgage or deed of trust which is a lien upon the Property, or
any portion thereof, to which lien(s) the City agrees to sub-
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ordinate its interest. In addition, the City agrees that it
shall execute, acknowledge and deliver, if requested so to do by
a responsible financial or lending institution, confirmations and
instruments of further assurance and attornment should such
responsible financial or lending institution request the City to
do so as a condition to the granting of any mortgage or deed of
trust financing of the Property for construction of the Project
improvements or permanent financing of the Project. In the event
that the City does not so act within ten (10) days after a re-
quest to act by such responsible financial or lending institu-
tion, the City irrevocably appoints Project Owner as the City's
special attorney-in-fact to execute such documents and deliver
the same in the City's name, place and stead.
31. Notices. All written notices and demands of any kind
which either party may be required or may desire to serve on the
other in connection with the Agreement may be served as an alter-
native to personal service by registered or certified mail. Any
such notices or demands so served by registered or certified mail
shall be deposited in the United States Mail, with postage there-
on fully prepaid, addressed to the party so to be served and
delivered to the party so to be served and delivered to the party
if not by personal service, as follows:
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To Project Owner:
With a copy to:
To City:
With a copy to:
e
2701 Ocean Park Corporation
c/o Juniper Properties
80S West Duarte Road
Suite 108
Arcadia, California 91006
Morgan, Lewis & Bockius
611 West Sixth Street
Twenty-third Floor
Los Angeles, California 90017
Attn: C. Richard Allen, Esq.
City Manager
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
City Attorney
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Service of any such notice or demand so made by mail shall
be deemed complete on the date of actual delivery as shown by the
addressee's registery or certification receipt or at the
expiration of the fifth day after the date of mailing, whichever
is earlier in time. Any party hereto may, from time to time by
notice in writing served upon the other parties as aforesaid,
designate a different mailing address or a different person to
whom all such notices or demands are thereafter to be addressed.
32. Beadings. The titles and headings of the various
paragraphs hereof are intended solely for convenience of
reference and are not intended for any purpose whatsoever to
explain, modify or place any construction upon any of the
provisions of this Agreement.
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33. Assignment. This Agreement shall not be severable from
Property Owner's interest in the Project. Any transfer of the
Project shall automatically operate to transfer the benefits and
burdens of this Agreement. Property OWner may freely sell,
transfer, exchange or otherwise dispose of its interest in the
Project without the consent of the City.
34. Agreement. This Agreement constitutes the entire
Agreement between the parties hereto with respect to the subject
matter hereof and may not be modified, amended or otherwise
changed in any manner except by mutual consent of the parties in
accordance with the procedures for adoption of a development
agreement. If a part of this Agreement is held to be invalid,
the remainder of the Agreement is not modified or rendered
invalid.
35. Governing Lav. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
36. Duration of Agreement. This Agreement shall expire on
September 7, 2022. After expiration or full satisfaction the
parties shall execute an appropriate certificate of termination
which shall be recorded in the official records of LOS Angeles
County.
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37. Recording of Agreement. The parties hereto shall cause
this Agreement to be recorded in the official records of the
County of Los Angeles.
IN WITNESS w~REOP, this Agreement has been executed by the
parties as of the day and year first above written.
CITY OF SANTA MONICA
Approved as to form:
By: n-/~-{/~i t- ',,,,,,...~_
CITY ATTORNEY FOR:THE
CITY OF SANTA MON~
By: e. /fduJ r4~
ATT~~Y FOR PROJECT OWNER
FOr! N.07.JaJ</ LeJ.o?;~ t 5~;"- 'i
2701 _OCEAN PARK CORPORATION,
a California corporation
/ II /
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By: (_ -!';<,// / ,...__,r~_r"~
............. 01 ...
Gene Koon
Secretary
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EXHIBIT' -A-
Description of Real Property
Tract No. 4 of the allotment of Andres Jose
Antonio Rafael and Cristobal in Assessor's
records 386.955 ACS.
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EXHIBIT .C.
Scope of Development
I. General Description.
The site is comprised of that certain real property located
on Ocean Park Boulevard, immediately southwest of 28th Street in
Santa Monica, California and which is legally described in
Exhibit "An. The site contains approximately 65,000 square feet
and is zoned C-2.
The site shall be designed and developed according to the
fOllowing development standards:
A. Heiqht. The Project will consist of two wings, each
approximately thirty-four feet above average natural grade on
the north side and thirty-seven feet above average natural
grade on the south side. Such height shall not include solar
panel installation, elevator or access stair and is measured
to the top of the roof.
B. Gross Area. Total gross building interior area
will be approximately 124,000 square feet, which shall not
include garage, ramps or loading areas.
c. Desiqn. The architectural design shall be consistent
with the Basic Concept Drawings, and incorporates a landscaped open
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atrium for each wing of the Project. The Project's interior
design blends commercial and residential uses, particularly
by means of a common lobby, while maintaining separation for
the purpose of attempting to ensure security and appro-
priately differing ambiences. The residential units will
have balconies, operable windows and vented skylights to
maximize an open-air atmosphere. The corridor servicing the
residental units also shall be open-air. Landscaping will be
integrated in the design.
D. Energy. Effort will be made to design and
construct the Project for energy efficiency. Hot water will
be provided from solar panels. Electricity will be sub-
metered to promote self-discipline to conserve energy. Air
conditioning will be optional, at the discretion of the
individual tenant and at his expense. The use of operable
windows and doors to terraces may preclude any major use of
mechanical air conditioning. Vented skylights will be
provided in the bathrooms and kitchens of the residential
units.
E. Parcel Coverage. Not more than seventy percent
(70%) of the site shall be occupied by buildings and
structures, excluding, however, from this calculation garage,
ramps and loading areas.
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F. Building Setbacks. BUilding setbacks shall be in
conformance with the City's Municipal Code and any variance
as may be granted by the City.
G. Building Construction. Building shall be
constructed in conformance with the City's Municipal Code~
Type 5 construction standards will prevail.
B. Signs. A sign program in keeping with the
architectural style of the Project shall be developed in
accordance with Architectural Review Board guidelines.
I. Landscaping. Landscaping and an irrigation system
shall be provided within the site subject to Architectural
Review Board approvals, and shall include, wherever possible,
landscaping visible at the exterior of each floor in the
front and back of the Project. Landscaping will permit
direct pedestrian access to the Community Uses shops.
J. Vehicular Access. Vehicular driveways shall be
coordinated with the Traffic Department and shall be located
in a manner consistent with the Basic Concept Drawings.
K. Loadinq and Unloadinq. Loading areas shall be
provided as required by the City in a manner consistent with
the Basic Concept Drawings.
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L. Parking. On-site parking for the Project shall
include spaces for not less than 375 cars on three
subterranean levels and shall include tandem as well as
single spaces. Each residential unit will have one assigned
parking space in the Project, provided without cost to the
residential tenant.
M. Access for Disabled Persons. Each area of the
Project shall be accessible to disabled persons as required
by the City's Municipal Code and applicable Cali;ornia law.
N. Security. Security personnel retained by the
Project shall be instructed to patrol the exterior of the
Project, as well as the interior. The current wall
immediately to the north of the Project shall be increased to
approximately six (6) feet in height, upon permission of the
applicable property owners, and restrictive landscaping shall
be provided immediately to the south of such wall.
O. Public Works. Property Owner shall cause the
fOllowing actions to be taken prior to the issuance of the
final certificate of occupancy issued in connection with the
Project, each action to be taken in accordance with the
reasonable specifications and requirements of the General
Service Department of the City:
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(1) All wires for electrical and telephone service
currently above ground on the north side of Ocean Park
Boulevard shall be routed underground for the entire
Ocean Park Boulevard street frontage of the Project~
(2) One (1) fire hydrant shall be provided in the
area between Ocean Park Boulevard and the project~
(3) There shall be three (3) underground serviced
street lights between Ocean Park Boulevard and the
Project, equally spaced along that street frontage of
the Project~
(4) All standard water and sewage connection fees
shall be paid; and
(5) Property Owner shall pay to the City the
amount of $10,000, which funds the City covenants it
will use within sixty (60) days of their receipt for
installation or improvement of traffic signals on Ocean
Park Boulevard between 20th Street and 30th Street, with
the aim of further mitigating the impact of the
vehicular traffic generated by the Project;
provided, that Property Owner's total cost hereunder shall
not exceed $110,000.
In addition, Property Owner agrees that upon the request
of City made at any time during a one-year period commencing
with the issuance of the final certificate of occupancy
issued in connection with the Project, Property Owner shall
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cause the median barrier on Ocean Park Boulevard to be
altered in the area immediately opposite one of the vehicular
exits from the Project, to permit vehicular traffic exiting
from the Project to travel north-easterly on Ocean Park
Boulevard. Such alteration shall be accomplished pursuant to
normal City requirements and standards. Notwithstanding the
foregoing, in no event shall Property Owner's total costs in
connection with this paragraph exceed $10,000.
P. Prevailing Rates. Workers employed on the Project
shall be paid at not less than the prevailing rates of wages
and employee benefit costs for work of a similar character in
Los Angeles County. The prevailing rates shall be deemed to
be those rates paid"under construction industry collective
bargaining agreements generally applicable to comparable
projects. Notwithstanding the foregoing, the requirements of
this section shall be satisfied if the work on the Project is
performed subject to a collective bargaining agreement and if
the workers are paid in accordance with the terms of that
agreement.
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EXBIBI"l' wn-
RENTAL SU::usDOLB
AS OP APRIL If' 1982
A. Six very low units:
Two Studios $ 185.52/each y
Three 1 Bedrooms $ 214.06/each
One 2 Bedrooms $ 256.88/each
B. Five median units:
Four 1 Bedrooms $ 428.13/each
One 2 Bedrooms $ 5l3.75jeach
C. Seven moderate units:
Three 1 Bedrooms $ 513. 75jeach
Four 2 Bedrooms $ 616.50jeach
Security Deposits: project Owner shall be entitled to
require each tenant to deposit with Project Owner a
security deposit not in excess of one monthJs rent.
Said security deposits shall be placed in an interest
bearing account at an institution whose accounts are
insured by the Federal Savings and Loan Insurance
Corporation until such time as the security deposit and
any interest thereon is returned to the tenant or
entitled to be used by Project Owner in accordance with
Civil Code S 50.5.
.!/
All residential tenants shall be directly responsible for the
payment of utility costs. The rent shown is Wnetn to the
Project Owner.
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