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Home My WebLink AboutCT 99-08; LB/L-Concordia Carlsbad-19 LLC; 2004-0980135; Affordable Housing Agreement/ReleaseRecording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk‘s Office Attention: City Clerk 1200 Carlsbad Village Drive Carlsbad. California 92008 DOC # 2004-09801 35 I llllllll Ill lllll IIIII Ill11 11111 111ll lllll1llll111ll IIIII lllll 1111 1111 OCT 15,2004 8:29 AM OFFICIAL RECORDS SAN DIEGO CUUNTY REUURDER’S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES 0 00 8 PALES I111111 lllll Ill1 lllil11111 Wlll Hlll Ulll Ill11 Ulll Ylll Hlll Ill1 Ill11 YII IIII This Space For Recorder’s Use Only SPYGLASS II (CT 99-08) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement“) entered into this @ day of December, 2001, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”) and LB/L-Concordia Carlsbad-19 LLC, a Delaware 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 generally located on the southeast corner of Carlsbad Village Drive and El Camino Real, in Local Facilities Management Zone 2, which is the subject of a Tentative Map (CT 99-08), “Spyglass II”, which provides conditional approval of the construction of I9 residential lots and three second units (“Project”). B. Condition 13 of Planning Commission Resolution No. 4686 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. 4686 states that the Affordable Housing Obligation will be satisfied by applying the requirements set forth in this Agreement for three (3) affordable housing lots (“Affordable Housing Lots”). The Affordable Housing Lots which are subject to the Agreements are: Lots 2, 3 and 17 of Carlsbad Tract No. 99-08, Spyglass II, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14349, filed with the County Recorder of San Diego County on March 1, 2002. October 2,200 1 1 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. 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 a Tentative Map (CT 99-08) “Spyglass II”, by reason of the approvals of the tentative map of CT 99-08, including Condition No. 13 listed in Planning Commission No. 4686, and any other applicable approval. 2. SECOND DWELLING UNITS. (a) Construction of Second Dwelling Units. Developer shalt 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 .I 0.015. (b) Restriction on Rental of Second Dwelling 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 the year 2001 is attached to this Agreement as Exhibit “6”. (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). 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. 13 of Planning Commission Resolution No. 4686. Such failure will allow the City to exercise any and all remedies available to it including but not October 2,2001 2 limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. 99-08, “Spyglass 11.” 4. 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. 5. 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: Concordia Homes C/O Cathy Aguirre 71 30 Avenida Encinas, Suite 200 Carlsbad, CA 92009-4657 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. 6. 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. 7. 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 October 2,2001 3 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. 8. SUCCESSORS. This Agreement shall benefit and bind Developer and any successive owners of Affordable Housing Lots. 9. 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 LB/L-Concordia Carlsbad-I 9 LLC, a Delaware limited liability company By: LB/L-Concordia Master LLC, CITY OF CARLSBAD, a municipal corporation of the State of California Sandra L. Holder a Delaware limited liability company Its: Initial Member (Name) (Title) Community Development Director By: LB/Lakeside Capital Partners, LLC, a Delaware limited liability company Its: Managing Member ATTEST: Title: Authorized Signatory October 2,2001 4 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney October 2,2001 5 STATE OF CALIFORNIA ) On &ham- /."/e/ before me, de&d( /did 4 Llfl f Ubhk personally appeared H9///N 7 4ddPLdI. personally kn n to me (vn +) to be the personp whose namew is/awsubscribed to the within instrument and acknowledged to me that he/- executed the same in hisl-r authorized capacity(wj, and that by hislherllhPir signaturem on the instrument the executed the , or the entity upon behalf of which the person$@ acted, WITNESS my hand and official seal. STATE OF CALIFORNIA 1 COUNTY OF ) ) ss. On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare 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. EXHIBIT A LEGAL DESCRIPTION Lots 1 thru 21 of Carlsbad Tract Map 99-08, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14349, filed in the Office of the County Recorder of San Diego, March 1,2002 as file number 2002-01 76658. 6 I