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1993-049-Authorize The Town Manager To Execute A Below Market Rate Agreement With American Baptist Homes Of The West For The Terraces, 800 Blossom Hill RdRESOLUTION 1993 -49 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A BELOW MARKET RATE AGREEMENT WITH AMERICAN BAPTIST HOMES OF THE WEST FOR THE TERRACES, 800 BLOSSOM HILL ROAD WHEREAS, the requirement for Below Market Price units is included in the Terraces Planned Development (PD) overlay ordained in Ordinance No. 1788; and WHEREAS, the attached agreement (Exhibit A) with American Baptist Homes of the West stipulates elements of the Terraces BMP housing program implementation; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: Authorize the Town Manager to execute an Below Market Rate Agreement with American Baptist Homes of the West for the Terraces. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of April, 1993, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin NAYES: None. ABSENT: Patrick O'Laughlin ABSTAIN: None. SIGNED: qt�A�YOORF THE WN OF LOS GATOS LOS GATOS, CALI ORNIA ATTEST: LJ CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CSD08:A: \RESOS \CSO40593. R49 TOWN C'' -Zll4 AG F: AGREEMENT BETWEEN AMERICAN BAPTIST HOMES OF THE WEST, INC. AND THE TOWN OF LOS GATOS RELATING TO BELOW MARKET PRICE HOUSING AT THE TERRACES American Baptist Homes of the West, Inc., (hereinafter "ABHOW "), doing business as the Terraces of Los Gatos, enters into this Agreement with the Town of Los Gatos (hereinafter 'Town ") to provide housing and services at reduced rates to eligible senior citizens as part of the Terraces program. The Terraces of Los Gatos is a Licensed Residential Care Facility for the Elderly and a Continuing Care Retirement Community regulated by the State of California. ABHOW agrees to provide and rent 29 Below Market Price (hereinafter "BMP") units to eligible senior citizens. As used in this Agreement, "senior" means persons aged 62 or older. I. ADMINISTRATION ABHOW will retain administrative control and responsibility of the program provided for in this Agreement as required by company policy and developed to meet the demand of Federal Conditions of Participation in Medicare as a certified provider. ABHOW will administer the BMP units in compliance with this Agreement and its Exhibit A, and the following sections of the Town's current Resolution Specifying Rules, Procedures and Criteria for the Town's BMP housing program: I.B. Applicant Priority I.C. Confidentiality III.A. Applicant Eligibility • III.C. Tenant Selection A copy of the current Resolution is attached hereto and made a part of this Agreement as Exhibit B. 2. BELOW MARKET PRICE MONTHLY SERVICE FEES The initial BMP monthly service fees are specified in the attached Exhibit A which is made a part of this Agreement. These fees are determined by subtracting the percentage Page 1 of 3 of subsidy as specified in this Agreement from the market rate monthly service fees for units at the Terraces. The monthly service fees includes both service and shelter elements. ABHOW agrees to rent 29 units located at the Terraces at the BMP monthly service fees as specified in this Agreement. Said units shall be rented to eligible senior citizens in accordance with the standards provided in this Agreement. The market rate monthly service fees shall be reduced in the percentage specified below to determine the amount of the below market price monthly service fees. These percentages may not be decreased. Alcove 12.5 percent 1 Bedroom /1 Person 18.2 percent 1 Bedroom /2 Persons 14.7 percent Also see Exhibit A- 3. APPLICANTS Except as otherwise provided in this Agreement, to receive consideration for the BMP units, all applicants must meet the admissions criteria set for all other applicants at the Terraces and must be able and willing to enter into a Continuing Care Agreement. In order to be eligible, applicants for the BMP units must have an annual household income of 80 percent or less of the Metropolitan San Jose's median income as defined by the U.S. Department of Housing and Urban Development. 4. AVAILABILITY OF UNITS In accordance with the Town's approval of the project, ABHOW will make available and shall rent 29 Alcove and /or 1 bedroom units as BMP units. Twenty -nine units is 20 percent of the market rate units constructed at the Terraces project. If ABHOW is unable to rent a BMP unit to a qualified individual or individuals after best efforts have been made to do so for a period of not less than 90 days, the unit may be rented at the market rate so long as the next vacant unit is then designated a BMP unit and best efforts to find a qualified individual for the BMP unit are made for at least 90 days. If more than one Page 2 of 3 BMP unit is filled by a market rate tenant, then all new vacancies will be designated BMP units until 29 units are designated as BMP units. Temporary vacancies due to temporary assignment to the Assisted Living or Nursing Facilities will not count as vacancies to be designated BMP units. Refusal to accept a specific unit by an eligible BMP applicant will not prejudice the applicant's place on a waiting list. 5. MARKETING ABHOW will market all units. 6. ANNUAL REVIEW ABHOW will submit an annual summary of occupancy and activity in the BMP program to the Town's Director of Community Services. The Town will monitor the BMP program at the Terraces every six months during the first two years after the date this Agreement is entered into and will monitor the Terraces BMP program annually thereafter. ABHOW will notify the Town whenever the total BMP unit count falls below 29 and will inform the Town of efforts to increase the waiting list. ABHOW will also notify the Town of new vacancies to be designated as BMP units. ABHOW will notify the Town 60 days prior to any increase in the market rate monthly service fee and the BMP monthly service fee. Dated: !61173 _ Ame ican Baptist Homes of the West, Inc. avid B. F r n Executive 'i resident Dated: / a Town of Gatos avid W. Knapp Town Manager \ y CSD74:A: \COM'RACr\TERRACESAGR A TEST: Page 3 of 3 MARIAN V. COSGRO E, TOWN CLERK EXHIBIT A The Terraces of Los Gatos Below Market Price Program CSD14:A: \contract \A erBapt.fin Alcove One Bedroom Double Occ. Market Rate MSF* 1,440 1,650 2,180 Service Element Price 585 615 1,145 Shelter Element Price 855 1,035 1,035 * Monthly Service Fee Federal Guidelines to determine applicant eligibility 1992 -93 HUD income levels for Metropolitan San Jose @ 80 percent of median income: Single Person $27,000 Couple $30,900 Maximum Shelter Price Single Person (27,000 x 33% /12) $743 Couple (30,900 x 33% /12) $850 Alcove One Bedroom Double Occ. Shelter Element Price 855 1,035 1,035 Maximum Shelter Price 743 743 850 Raw Differential 112 292 185 BMP Monthly Subsidy 180 300 320 BMP Monthly Service Fee 1,260 1,350 1,860 Subsidy as Percentage of Market 12.5% 18.2% 14.7% Rate MSF. CSD14:A: \contract \A erBapt.fin