Inst 2006263168 - Laserfiche WebLink

Home

. t_ .1 .- of {" Recording Requested by and when Recorded, return to: City of San Leandro Mail Tax Statements to: City Of San Leandro City of San Leandro 835 E. 14th Street San Leandro, California 94577 Attn: Community Development Director In I InUlUl1 mn II 27 PGS EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103,27383 -rr CIYI OF SAN LEANDRO (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) JUL 2 5 2006 CITY CLERK'S OFFICE INCLUSIONARY HOUSING AGREEMENT - SALE UNITS THIS lNCLUSIONARY HOUSING AGREEMENT (the "AgreementH) is made this 15th day of June, 2006, by and between HENNIGAN CONSTRUCTION, INC. ("Develope~), and the CITY OF SAN LEANDRO ("City"). RECITALS WHEREAS, Developer is the owner of certain real property (Assessor's Parcel # 76-350- 9) located within the City of San Leandro, California (the "Property"). Developer is also the Developer of a mixed use development including nine (9) for sale residential units of which one (1) unit will be made affordable to an eligible moderate income homebuyer, referred to as 1057 MacArthur Blvd (the "Development"), and has received a planning approval and/or tentative map approval ("PLN# 2002-00093 and Tract# 7452") from the City and will execute the Agreement prior to the recordation of a Final Subdivision Map (the "Map") or issuance of a building permit (the "Permit") as determined by the City for the development of the Development within the City of San Leandro; and WHEREAS, Developer, by PLN# 2002-00093 and Tract# 7452, has offered to restrict a total of Q!ll.(1) for-sale housing unit to be made available to low- and/or moderate-income households as follows in satisfaction of the City's inclusionary housing mandates set forth in the San Leandro Zoning Code Part VI, Section 30: one (1) moderate-income unit. The one (1) moderate-income unit is a three-bedroom single family detached house and approximately 1,785 square feet of livable space. City desires to accept the restriction of the dedicated affordable housing unit as shown on the PLN# 2002-00093 and Tract# 7452 for the development as the Affordable Housing Unit (the "Affordable Unit") described in this Agreement. A tentative, final or plat map showing the planned units to be located on Lot 9 within the Development is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Developer has delivered to City, and City has approved a Resale Restriction and Option to Purchase in recordable form, restricting the sale of the Affordable Unit to low-income persons or households for the term of forty five (45) years (the "Resale Restrictions"). The covenants in the Resale Restrictions are intended to run with the land and be binding on the