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Home My WebLink AboutCT 94-11; UDC Homes Inc; 1997-0213848; Affordable Housing Agreement/ReleaseDW II 1997-0213848 CH-. AY-1997 12:04 PM RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: . . l City of Carlsbad City Clerk’s Office Attn.: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 OFFICML RECORDS SAN DIG0 COUHTY RECORDER’S OFFICE COUH;;E;ECORDER : 28.00 (Space above for Recorder’s Use) MAR VISTA (CT 94-ll/SDP 94-lO[A]/HDP 94-09[A]) AFFORDABLE HOUSING AGREEMENT This AFFORDABLE HOUSING AGREEMENT (“Agreement”), entered into this &?@L 2 ISr day of 1997, by and between the CITY OF CARLSBAD, a Municipal Corporation (hereinafter referred to as the “City”), and UDC Homes, Inc., a California Corporation, (hereinafter referred to as the “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property which is located west of Hidden Valley Road, south of Palomar Airport Road, within Local Facilities Management Plan Zone 20, in the City, County of San Diego, State of California, which is the subject of a Tentative Map (CT 94-l 1, “Mar Vista”), a Site Development Plan (SDP 94-l O[A]), a Hillside Development Plan (HDP 94-09[A]), a L ocal Coastal Plan Amendment (LCPA 94-04), a Coastal Development Permit (CDP 96-08) and Zone Change (ZC 94-04) which provides conditional approval of the construction of 49 single family dwelling uniis (“Project”). B. Condition 50 (listed immediately after “Housing”) of Planning Commission Resolution No. 3875, states that this Affordable Housing Agreement shall be entered into between the City and Developer as a means of satisfying the Developer’s affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 3875 provides that the Affordable Housing Obligation will be satisfied by applying the requirements set forth in this Agreement to eight (8) affordable housing lots (“Affordable Housing Lots”). The Affordable Housing Lots which are subject to this Agreement are: Lots 8, 18, 24, 27,32, 35,44 and 50 of CARLSBAD TRACT NO. 94-l 1, MAR VISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13404 filed with the County Recorder of San Diego County on February 28, 1997. -l- . - ‘12 C. Developer intends to construct the Project in a number of phases as described on attached Exhibit “A. ” Each phase of the Project has a specific number of Affordable Housing Lots which are also identified on Exhibit “A.” The Affordable Housing Lot or Lots in each phase shall be subject to this Agreement and this Agreement shall be recorded on each Affordable Housing Lot. NOW, THEREFORE, incorporating the forgoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Satisfaction of Affordable Housing Requirements Through Construction of Second Dwelling Units. Performance under this Agreement satisfies Developer’s obligation for affordable housing under Chapter 2 1.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. 94-l 1 Mar Vista by reason of the approvals of the tentative map of CT 94-l 1, including Condition 50 listed immediately after “Housing” in Planning Commission Resolution No. 3875, a Site Development Plan (SDP 94-lO[A]), a Local Coastal Plan Amendment (LCPA 94-04), a Hillside Development Permit (HDP 94-09[A]), a Coastal Development Permit (CDP 96-08) and Zone Change (ZC 94-04) and any other applicable approval. 2. Second Dwelling Units. (4 Construction of Second Dwelling Uni&. Developer shall at the time a residential structure is constructed on the Affordable Housing Lot, include in such residential structure a Second Dwelling Unit as defined under and subject to the requirements contained in Municipal Code Section 21.10.015. (b) Restriction On Rental of Second Dwelling Unit. The maximum monthly rent for any Second Dwelling Unit, subject to this Agreement, which becomes rented or leased shall not exceed an amount equal to thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at eighty percent (80%) of the San Diego County median income as such median income is published by the United States Department of Housing and Urban Development. A schedule showing the calculation of the maximum rental amount as for 1996 is attached to this Agreement as Exhibit “B. ” Cc) Declaration. Developer shall require the purchaser from Developer of an Affordable Housing Lot upon which a Second Dwelling Unit has been constructed to sign an affidavit or declaration under penalty of perjury, in a form prescribed by the City Planning Director, which states that if the Second Dwelling Unit on the Affordable Housing Lot is rented that it shall be rented at a monthly rental rate not to exceed the rate set forth in Paragraph 2(b). 3. Construction Phasing of Project and Affordable Housing Lots. Developer will build the Project in phases as described on attached Exhibit “A. ” Each phase shall have Affordable Housing Lots which shall be located in accordance with SDP 94-lO[A]. UDUMV-Carlsbad 02/12/97 -2- 13 4. Remedies. Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition 50 (listed immediately after “Housing”) of Planning Commission Resolution No. 3875. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. 94-l 1 Mar Vista. 5. Hold HarmIess. Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands suits, actions, judgments and executions for damages of any and every kid and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. Developer shall obtain, at its expense, comprehensive general liability insurance for development of the Project naming Indemnitees as additional insureds with aggregate limits of not less than five million dollars ($5,000,000) purchased by Developer from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, with a current Best’s Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the Project. 6. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested. to the party to receive such notice at the addresses set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, CA 92008-2389 TO THE DEVELOPER: UDC Homes, Inc. Attn: Dennis M. Ferdig 438 Camino de1 Rio South, Suite 112B San Diego, California 92108-3546 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 7. Entire Agreement. This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. UDCMV-Carlsbad 02112/97 -3- 8. Duration of Agreement. This Agreement shall terminate and become null and void upon repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. The restriction set forth in Paragraph 2(b) above shall terminate as to the Affordable Housing Lot at such time as the Second Dwelling Unit on the Affordable Housing Lot has reached the end of its useful life, which is assumed to be not less than 55 years from the date of completion of original construction. 9. Successors. This Agreement shall benefit and bind Developer and any successive owners of Affordable Housing Lots. 10. Severability. In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY UDC Homes, Inc., a California corporation City of Carlsbad, a municipal corporation By: By: APPROVED AS TO FORM: UDCfh4V-Carlsbad 02/12/97 -4- 15 STATE OF CALIFORNIA ) COUNTY OF &%4 &&+3 ) ss. ) On k3Pu-M) /a , 193, before me, JtwE L- 6BARemuSse , Notary Public in and for said State, personally appeared 301~ 6 . &eRAl&Q flrrlb EAti/ 07. f7Xbi8 personally known to me (e) to be the person(s) whose name(s) *are subscribed to the within instrument and acknowledged to me that h&he/they executed the same in hi&&heir authorized capacity(ies), and that by kis&er/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) STATE OF CALIFORNIA ;ss. COUNTY OF > On 3 19-9 before me, Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) State of California 1 > County of San Diego ) 16 On Anril 21, 1997 before me, Ronna S. Stickrod, Notary Public , personally appeared Martin Orenvak , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal / Signature of Notary (This area for official notary seal) Title or Type of Document Mar Vista Affordable Housing Agreement Date of Document April 21, 1997 No. of Pages 4 (+4 Attachments) Signer(s) other than named above John Werner. Pres. And Dennis M. Ferdig (UDC Homes) -. MAR VISTA “EXHIBIT A” 17 CONS. PHASE MAP NO. LOTS PROP. AFFORDABLE HOUSING LOT I Mv 94-11 2-8 & 46-50 8 8-c 50 II Mv 94-11 9-21 18 III Mv 94-11 22-24 & 37-45 24&44 IV Mv 94-11 25-36 27,32 & 35 00000000 oo1c)oooIouY 4 o? k (4 ro s ? 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