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HomeMy WebLinkAbout19- Affordable Housing Agreement - Human Resources Development Council, District IX (HRDC) - Willow Springs Subdivision 1 J-653 Inter-office Ori ink al to: City of Bozeman PLATTED City Clerk PO Box 1230 Bozeman MT 59771-1230 2654871 Page: 1 of 11 08/19/2019 11:32:27 AM Fee: $77.00 Eric Semerad — Gallatin County MT MISC 11111111�11111 III 11111,,111111111111111 IN 11111111111111111111111111 III 11111111111111111111111 AFFORDABLE HOUSING AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this day of �-t UC-,00 2019, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue,Bozeman,Montana 59771-0640,hereinafter referred to as "City", and Human Resources Development Council of District IX,32 S Tracy Avenue,BOZEMAN MT 59715,hereinafter referred to as "Landowner." WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of real property, hereinafter referred to as the WILLOW SPRINGS SUBDIVISION situated in Gallatin County, Montana, and more particularly described as follows: The East Half(E1/2)of the West Half(W 1/2)of the Southeast Quarter(SE1/4)of the Southwest Quarter (SW1/4) of Section 35, Township One South (TO1S), Range Five East (ROSE), Less a Portion of the Baxter Square Subdivision Phase 1 and 2,P.M.M., City of Bozeman, Montana. WHEREAS,it is the intent and purpose of the Subdivider to meet the conditions of preliminary plat approval, Planning Application No. 17117, for the Final Plat application of WILLOW SPRINGS i Willow Springs Subdivision Affordable Housing Agreement Page I of 6 SUBDIVISION (application 19229), to subdivide 2.72 acres and create twenty-four (24) single household residential townhome lots, three (3) common open space lots, and the remaining areas as public streets and alleys; and WHEREAS, paragraph 38.380.100.E of the Bozeman Municipal Code requires recordation of the affordable housing plan in conjunction with final plat; and WHEREAS,the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNESSETH: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Agreement The Landowner has proposed and the City has approved an affordable housing plan which is attached as Exhibit A to this Agreement and by this reference is hereby incorporated herein. Recording of this Agreement including Exhibit A satisfies the requirements of 38.380.100.E of the Bozeman Municipal Code. Landowner agrees the affordable housing plan is a binding agreement between the City and the City may enforce the affordable housing plan against the Landowner or its successors in interest to any parcel subject to the affordable housing plan. Landowner agrees the affordable housing plan is Willow Springs Subdivision Affordable Housing Agreement Page 2 of 6 binding on Landowner's successors. The Landowner is required pursuant to 38.380.100.13, BMC to implement the affordable housing plan. 3. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any townhomes or other improvements within the WILLOW SPRINGS SUBDIVISION and concurrent with recording of the final plat for the WILLOW SPRINGS SUBDIVISION. 4. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 5. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 6. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. Willow Springs Subdivision Affordable Housing Agreement Page 3 of 6 7. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 8. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 8. No Assignment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 9. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the WILLOW SPRINGS SUBDIVISION. 10. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the WILLOW SPRINGS SUBDIVISION and shall be covenants running with the land. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. **End of Agreement except for Signatures** Willow Springs Subdivision Affordable Housing Agreement Page 4 of 6 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER H By: Heather Grenier, resident/CEO STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this [b day of August, 2019, before me, the undersigned, a Notary Public for the State of Montana,personally appeared Heather Grenier known to me to be the President of Human Resources Development Council of District IX, and acknowledged to me that she executed the same for and on behalf of HRDC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) N jojyN;; MARTIN JOHNSON s ' Notary Public o7AR/ °2=for the State of Montana N q<'• _ (Printed Name Here Pl n r-4 ,11 ,5 —A *` Residing at: Notary Public for the State of T ;,.SEAL Q_ Bozeman, Montana rY _' My Commission Expires: Residing at .,,,�oF�M�,,,.�• February 03,2022 My Commission Expires: Fey • O'S Z o Z 2— (Use 4 digits for expiration year) Willow Springs Subdivision Affordable Housing Agreement Page 5 of 6 THE CITY OF BOZEMAN az B :`MARTR41MATSEN, DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On this�day of �J�q ''� 2019, before me, a Notary Public for the State of Montana, personally appeared Martin Matsen, known to me to be the person described in and who executed the foregoing instrument as Director of Community Development for the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. 0Qsr,, SI�$ l KLOOSTERHOF (1 Fy Notary Public ���� 1 `� � e.n_.� NOTA qj,t :for the State of Montana 1� it U��J� a 1(� Residing at: (Printed Name Here) SEAI.,�,e Bozeman, Montana Notary Public for the State of Montana '.;9JF •µp Q;' My Commission Expires: RI�X�� March 17,2021 Residing at My Commission Expires: •��•16-2, (Use 4 digits for expiration year) Willow Springs Affordable Housing Agreement Page 6 of 6 0269Willow Springs Way Affordable Housing Plan Development Name: Willow Springs Major Subdivision Project Location: Sartain Street and Hoover Way Legal Description: E1/2, W1/2, SW%, SW%, Section 35,T.1S, R5E, of PMM Current Zoning: R-3 Current Use: Vacant Community Plan Designation: Residential Property Owner and Applicant: Human Resources Development Council of District IX 32 S Tracy Ave., Bozeman, MT 59715 Contact: Heather Grenier, President/CEO 406-585-4840 hgrenier@hrdc9.org Introduction: HRDC seeks the use of affordable housing incentives for the Willow Springs Way development. The development is 100%affordable.The development will consist of 24 townhomes, with a mix of 2 and 3 bedroom homes provided. All 24 units will be affordable to families and individuals making 70%of the area median income. HRDC intends to place the subject property into their Community Land Trust in order to maintain the affordability of the units in perpetuity. HRDC has requested $20,000 per unit to act as a permanent subsidy that will remain with the home in perpetuity and require no subsidies from the City in the future. Because the units will be affordable in perpetuity, HRDC requests the City not record a non-cash subsidy on each unit as provided in the Affordable Housing Ordinance. Instead, HRDC requests the City rely on the covenants to meet the intent of the non-cash subsidy. As discussed further in this plan the requested one time grant from the City would result in the following. • None of the 24 units would be eligible for City funded down payment assistance • None of the homes would be eligible for impact fee reimbursement 1 • None of the homes would require a non-cash subsidy lien at the time of closing 1. Number of affordable homes proposed in each affordable home category and number of market-rate homes Willow Springs Way townhomes Total number of homes for development 24 Total Number of market-rate homes 0 Total Number of affordable homes 24 *It is the developer's intent to make these homes perpetually affordable by inclusion in a community land trust(CLT). 2. The number of bedrooms in each affordable home Willow Springs Way Subdivision Project- Home Type and bedroom mix of Lower-Priced Homes Studio and/or 1 bedroom homes 0 2 bedroom homes 10 3 bedroom homes 14 �otal Units 24 3. Anticipated Pricing and deed restrictions; HRDC will follow the pricing requirements of the Neighborhood Stabilization Program (NSP), which requires that all homes be sold for the appraised value. As the home's affordability will be preserved in perpetuity via a combination of restrictive covenants and a ground lease while the land will be held in a Community Land Trust(CLT),the home's purchase price will only reflect the appraised value of the home itself, not the value of the lot and infrastructure improvements. NSP further allows for up to 50%of the home's price to be subsidized via a deferred second mortgage.Through this combination of the CLT and project down-payment assistance, 100%of the homes in the development will be permanently affordable and necessitate buyers to take on mortgages far below the maximum prices outlined in the City's affordable housing ordinance.An anticipated pricing and down-payment schedule is included below.All homes will have ground leases limiting appreciation utilizing a formula that allows for a reasonable return while preserving affordability in perpetuity and requiring no future subsidization. 2 4. Sample pricing schedule (for discussion purposes only—actual prices will be determined via appraisal) Appraised value: $220,000 Less site value: ($45,000) Appraised value of home and improvements: $175,000 =Sales price to the buyer Down payment assistance: $30,000 (Can be up to 50%of sales price, $30,000 represents a likely average) First mortgage to purchaser: $145,000 *Please note that this example, for the purposes of simplicity, does not take into account any down-payment funds contributed by the buyer(NSP requires a minimum of$1,500), nor does it take into account any closing costs. 5. Location of affordable homes in the development (lots in the plat or units within a site plan);All 24 units in Willow Springs will be affordable to individuals and families making 70%of the area median income. Please see attached exhibit. 6. Timing of delivery of the affordable homes in relation to the market-rate homes in the development;The entire project is considered affordable;therefore, no market-rate homes will be provided. 7. Marketing plan describing how affordable homes will be offered to the public; HRDC will market the homes in the same manner as our previous affordable housing developments. Our most valuable marketing tool is our homeownership education program,The Road to Home. Through RTH, HRDC annually meets with hundreds of households seeking affordable homeownership options. In previous developments, HRDC has contracted with a realtor to list the properties via MLS. In the event that HRDC elects not to list the properties via MLS, HRDC will provide a 2.5%fee to the purchaser's agent to encourage realtor participation.As the purchasing structure is different than the standard process, HRDC will produce a FAQ sheet to help buyers and their representatives understand the unique financing and ownership structure for the Community Land Trust. 3 8. Plan for construction of affordable homes in phased developments. Willow Springs will be constructed in two 12-unit phases. 9. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this article; As noted,the use of Neighborhood Stabilization funds to purchase the property, which will be committed to a CLT, provides HRDC the opportunity to create a development that exceeds the City's affordable housing ordinance by providing 100%affordability in perpetuity.The land trust model supports the family to attain and sustain homeownership by taking land and site development costs out of the sales price. In return, the homeowner agrees to sell the home at an affordable price to another lower-income homebuyer in the future. Consequently, the family is able to successfully own a home and build wealth, while the land trust is able to preserve the investment in the home permanently to help family after family and requires no future re-subsidization of the homes. While HRDC is the developer of the Willow Springs it is understood that the request for a lump sum, per unit,that will remain with the home in perpetuity will preclude the Willow Springs from impact fee reimbursement. It is also understood that down payment assistance (DPA)through the City of Bozeman will not be permitted for first time or subsequent sales of Willow Springs units. The ground lease governing the property and home includes language that addresses the situation in which HRDC were to sell the land to an institution or individual resulting in the ground lease being lifted. That language reads as follows: 3.3 CLT SALE. If the CLT transfers its interest in the Land, this Lease continues and the Homeowner becomes the tenant of the transferee under this Lease. If the CLT wants to transfer the Land to anyone other than a similar institution that shares the Goal, a nonprofit organization, charitable trust or government agency, the CLT hereby grants the Homeowner a right of first refusal to purchase the Leased Land Interest, the details of which are in the attached Exhibit:First Refusal.Any transfer of the Leased Land Interest contrary to this section is void. This Affordable Housing Plan proposes that the non-cash subsidy required by the ordinance would not apply to any of the proposed units.A PUD relaxation would make this clear.The issue will also be addressed in the grant agreement between HRDC and the City. It is understood that the city may want to further protect the municipal investment in the homes. HRDC would agree to a deed restriction,grant agreement or 4 covenant which would grant the city the right to intervene and arrange a new owner/leaseholder agreement and further ensure that municipal funds invested in the home, meant to stay with the home in perpetuity,would be returned to the city in the event of a land sale resulting in the home no longer being affordable. 10. List of Approved Relaxations—Willow Springs Nu+n6" `, : ,U 5"4 eference: enetaf Descciptio». :. Applicafile`;R laxatioii , Lot Area:2500 sf minimum(averaging of lot 2350 sf average lot size for three unit areas allowed for townhome clusters for townhome clusters and 2300 sf average 1 38.320.030.A affordable housing developments) lot size for four unit townhome clusters Watercourse Setbacks: A 50'setback must The connected wetlands setback may be 2 38.410.100.A.2.c(4)(d) include connected wetlands reduced Watercourse Setback Zone Widths: Setbacks are to be divided into Zone 1(60% closest to watercourse)and Zone 2(40% The watercourse setback zones widths 3 38.410.100.A.2.e farthest from watercourse) may be altered Trails in Zone 1:Limited,non-looping developed spur trails to the water's edge A non-spur trail is allowed in Zone 1 4 38.410.100.A.2.e(2)(b) may cross all zones (Open Space Lot 3) R.O.W.Width: 60'dedication required for 5 38.400.050 local streets Reduced width of 50'for Hoover Way Front Yard Setback:IS'front yard setback 6 38.320.030.0 adjacent to local street Reduced front yard setback for Lot 6 Reduced garage entry setback for Lot 6, 7 38.320.030.0 Garage Entry Setback:Minimum of 20' Block 2 Minimum Parking Space Length: 18' Reduced minimum parking space length 8 38.540.020.A minimum length for Lot 6,Block 2 Alternate method and points achieved are as follows:5 via an alternate Minimum Landscape Performance Points: method through preservation of existing' 15 points are required,Willow Springs mature and established vegetation,10 proposes a combination of alternate and points achieved through standard 9 38.050.060.A.1 standard methods to achieve these points methods 5