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Home My WebLink AboutCT 96-04; Keystone La Costa LLC; 2000-0599612; Affordable Housing Agreement/Release(I Recordina Requested bv: . City of Carlsbad When Recorded Mail to: OFFICIAL RECORJ% SAN DIEGO COUNTY RECORDER’S DFFICE GREGORY ;iEiMTH, COUNTY ktCORDER . . 0.00 City of Carlsbad City Clerks Office Attention: Citv Clerk 1~~~~~~~~~~~~~~~1~~~ 2000-0699612 1200 Carlsbad Village Drive j25 BP Carlsbad, California 92008 55~b&#z33-~u r PJF This Space For Recorder’s Use Only I Qwy\ BROOKFIELD MEADOWS (CT 96-04JPUD 71(B)/HDP 96-04/SDP 96-07 AFFORDABLE HOUSING AGREEMENT TH>S AFFORDABLE HOUSING AGREEMENT (“Agreement”) entered into this day of -$&i=? /3 1999, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”) and Keystone La Costa LLC, a California Limited Liability Company (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 at the southwest intersection of Xana Way and Corintia Street within Local Facilities Management Plan Zone 6, in the City of Carlsbad, County of San Diego, State of California, which is the subject of a Tentative Map (CT 96-04) “Brookfield Meadows”, a Site Development Plan (SDP 96-07), a Hillside Development Permit (HDP 96-04), and a Planned Unit Development (PUD 71(B)) which provides conditional approval of the construction of 29 single family dwelling units (“Project”). B. Condition 18 of City Council Resolution No. 97-595 states that this Affordable Housing Agreement shall be entered into between the City and the 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. 3880 states that the Affordable Housing Obligation will be satisfied by applying the requirements set forth in this Agreement for four (4) affordable housing lots (“Affordable Housing Lots”). The Affordable Housing Lots which are subject to the Agreements are: Lots 10, 14, 20 and 21 of Carlsbad Tract No. 96-04, Brookfield Meadows, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No.iSqq-O@%%Z-, filed with the County Recorder of San Diego County on PvMb& t-z, 1441. - 9413 . C. Developer intends to construct the required inclusionary units concurrent with the project’s market units which are also identified on Exhibit “A”. The Affordable Housing Lots shall be subject to this Agreement and this Agreement shall be recorded on each Affordable Housing Lot. D. In addition, Developer shall pay a fee equal to .35 times the average subsidy needed to make affordable, to a lower income household on the newly constructed typical housing unit, as appropriate, in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, and City Council Policies 57 and 58 dated, September 12, 1995. NOW, THEREFORE, incorporating the foregoing 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 21.85 of the Carlsbad Municipal Code as applied to the land covered by Tentative Map (CT 96-04), “Brookfield Meadows”, by reason of the approvals of the tentative map of CT 96-04, including condition no. 18 listed in City Council Resolution No. 97-595, a Site Development Plan (SDP 96-07), a Hillside Development Permit (HDP 96-04, Planned Unit Development (PUD 71(B)), and any other applicable approval. 2. SECOND DWELLING UNITS. (a) Construction of Second Dwellina Units. 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 Dwellina Units. 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-medium 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”. (c) 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 at a monthly rental rate not to exceed the rate set forth in paragraph 2(b). . . .I 9414’ 3. REMEDIES. Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirement of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 18 of City Council Resolution No. 97-595. 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. 96-04, Brookfield Meadows. 4. AFFORDABLE HOUSING CREDIT. In addition, Developer shall pay a fee equal to .35 times the average subsidy needed to make affordable to a lower income household on one newly constructed typical housing unit as appropriate in accordance with the requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code, and City Council Policies 57 and 58 dated, September 12, 1995. 5. HOLD HARMLESS. 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 “lndemnitees”), 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 kind and by whomever and whenever made or obtained, allegedly caused by, arising out of relating in any manner to Developer’s breach, default or failure to perform under, in accordance with or pursuant to this Agreement, and shall protect and defend Indemnities, and any of them with respect thereto. 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 CITY: CITY OF CARLSBAD Housing and Redevelopment Department Attention: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 DEVELOPER: Keystone La Costa LLC Attn: Don Williamson 5333 Mission Center Road #I360 San Diego, CA 92108 9415’ 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. 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 as 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. IO. 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: By: Keyston La Costa LLC, a California CITY OF CARLSBAD, a municipal Limited Liability Company corporation By: Keystone Communities LLC, a California Limited Liability Company By: : Community Development Director By: I&H Aq~D(y~~Tef/ RON LD R. BALL City Attorney STATE OF CALIFORNIA 9416 , COUNTY OF L&qJl Q(f$(j J On &~&?I$v~~ bf(w before me, J-l’%. iI 9 personally appeared pi%5 l-i* t-i&x-A’ personally known to me (or proved to me on the basis of satisfactory evidence) to be ihe person(s)wh name@@$resubscribed to the within instrument and acknowledged to me executed the same authorized capacity&%), and that signaturew on the person(s), or the entity upon person@’ acted, executed the instrument. WITNESS my hand and official seal. p5-‘;=31- STATE OF CALIFORNIA ss. COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be ;he 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. . 9417 EXHIBIT A LEGAL DESCRIPTION Lots 1 through 31, inclusive, according to map therof No. 13891 recorded in the office of the County Recorder for San Diego County, California on December 13, 1999 as Document No. 1999-0808392 . . EXHIBIT B MAXIMUM RENTAL AMOUNT (See Attached) PP in L 2g AA b -IA sg iD 02 OZ ED mrtz 0 i%g gyj= mqmg a :: % S m