HomeMy WebLinkAboutCalifornia, State Of - Housing; 1996-06-06;I STATE OF,CALIFORNlA LUL“QLKir--~ W’. ” WWJ J
STANDARD AGREEMENT-- -
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J STD. 2 (REV.501) . .
CONTRACT NUMBER AM. NO.
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TAXPAYE~IS FEDERAL E)IPCOYEA ~DENTIFIcATKIN NIJMB~
THIS AGREEMENT. made and entered into this 6th day of L ,192 1
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
N/A
TITLE OF OFFICER ACTING FOR STATE AGENCY
Deputv Director Department of Housing and Communitv Development CONTRACTOR’S NAME
Carlsbad Resident A&ciation, Inc. and City of Carlsbad
, hereafter C&d the State, and
, hereafter galled the C!onnactc,r.
WITNESSETH: That the Coneactor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed
does hereby agree to furnish to the State services and mate&Is as follows: (Set forth service to be rendered by Contractor, MU)WU to be paid Contractor time for performance or completion, and attach plans and specifxations, if any.)
Authority Carlsbad Resident Association, Inc. (“Resident Organization”) and City of Carlsbad (“Local Entity”) have submitted an application
to the Department of Housing and Community Development (“Department”) for loan funds under the Mobilehome Park Resident Ownership
Program (MPROP). Assistance under MPROP will be provided by the Department pursuant to the California Health 62 Safety Code (Sections
50780, et.) and the regulations promulgated thereunder and set out as Title 25 of the California Code of Regulations (Sections 8000, a
a.). With the execution of this Agreement, the above named parties each agree to accept and comply with the terms and conditions of this
Agreement, all attachments hereto, the provisions of Health and Safety Code Sections 50780, g sea., and the provisions of Title 25 of the
California Code of Regulations Sections 8000, & s~Q., and all other applicable State laws and regulations.
Subject to those specific conditions and terms identified herein, the Department has agreed to commit funds to the parties named Pm-nose:
above for the purpose of providing a loan or loans for the acquisition and/or conversion of the mobilehome park identified in Attachment A
(“Mobilehome Park”) to ownership and/or control by the Resident Organization in the manner described in the application submitted to the
Department. This application is hereby incorporated by reference as if set forth in full.
* or the Resident Organization and Local Entity as appropriate.
.v.
CONTINUED ON 37 SHEETS, EACH BEARING NAME OF COMRACTOR AND CONTRACt NUMBER. -
The provisions OTI the revefie side hereof constitute a part of &is agreement.
I’N WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CCUTRACTOR (If ohwlhu, UI LdMal stab bhdhw . czmmth, padnemhi~. ok.1
Department of Housing and Community Development (See Contract block on reverse)
BY (AlltMf3lZED SlGNAlURE) D
Duncan Lent Howard PRINTED NAME AN0 TITLE OF PERSON SlGNNG
TITLE l-Ti%lCCC
AMOUNT ENCUMBEREO BY MIS DOCUMENT
$ 532.783.00
PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE Department of Generuf Services . nrn,-. * ~~ P-.-J ,,-- A..#.. 1 m-w rurcnase runa II 0-w VW, . a&
Deputy Director
MIS CONTRACT
1 CHAPTER 1 STANTE 1 FISCALYEAR
3 532,783.OO II 2207140 132 664173 1 Loans
I hereby cetWy upon my own personal knowledge rhar budgeted funds T.&A. NO. B.R. NO.
are available for the period and puryse of the expend&n, stated above.
SIGNATURE OF ACCOUNTING OFFICER
D I,, I/ h q CONTRACTOR 0 & AGUY 0 DEPt.ofGEN. sm. q CONTROLLER /J
a
STATE OF CALIFORNIA Carlsbad Resident Association, Inc. Ld
City of Carlsb@ Contract Nx 9644PROP-057’
Page 2 of 15
1. The Contractor agrees to indemnify,defend and save harmless the State, its officers, agents and employees
from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen, laborers and any other person, firm or corporation furnishing or supplying work services,
materials or supplies in connection with the performance of this contract, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the
Contractor in the performance of this contract.
2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall
act in an independent capacity and not as officers or employees or agents of State of California.
3. The State may terminate this agreement and be relieved of the payment ofany consideration to Contractor
should Contractor fail to perform the covenants berein contained at the time and in the manner herein
provided. In the event of such termination the State may proceed with the work in any manner deemed
proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this
agreement, and the balance, if any, shall be paid the Contractor upon demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole.
or in part.
5. Time is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on
any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor’s expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided. _I %
CONTRACTOR CONTRACTOR
CONTRACTOR (If 0th~ than cm individud Itote whether a corpomrion partnership. etc.) CONTIbWTOR (If other than an individual state whether o cotpomtion pa?fnWShiP&C)
Carlsbad Resident Association, Inc. City of Carlsbad
Lee Anderson, President
CRA, Inc.
ADDRESS
5200 El Camino Real
Carlsbad,’ California 92008
ADDRESS 2965 Roosevelt, Suite B
Carlsbad, California 92008
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 3 of 15
8. a. Work to be Performed
The Resident Organization and Local Entity agree to tilly perform their respective obligations under this
Agreement and the work set forth in Attachment B. All parties agree to complete the obligations and
work in accordance with the manner, timing and other terms set forth in Attachment B.
b. Obligations of the Resident Orpanization
(1) The Resident Organization agrees to acquire and convert the subject mobilehome park, or to
&an&r the individual interests to the residents of the subject mobilehome park as specified in
the application submitted to and on file with the Department with any amendments and
modifications thereto as approved in writing by the Department. In the event there are any
conflicts or inconsistencies between the Application and Attachment B, the latter shall
prevail. In furtherance of this Agreement, the Resident Organization shall timely execute all
documents reasonably required by the Department, including but not limited to, promissory
notes, security agreements and deeds of trust. Such execution and recordation, where
appropriate, shall precede the closing of any loan provided pursuant to this Agreement. The
Resident Organization or individual residents, as applicable, shall provide a standard lender
policy of title insurance, including such endorsements as may be required by the Department,
insuring the Department’s interest (as lender) in the real property securing the loan. All such
documents shall be submitted to the Department for review and approval prior to execution.
(2) The Resident Organization agrees to establish and maintain an accounting and management
system (“the Management Plan”) in compliance with Generally Approved Accounting
Principles. Said Management Plan shall be suflicient to ensure the fiscal and management
operation of the mobilehome park. The Management Plan shall be submitted to the Department
for review and approval in a timely manner prior to loan closing and at such times thereafter as
is reasonably deemed necessary by the Department. The Department shall review the Resident
Organization’s proposed Management Plan for the purpose of ensuring compliance with this
Agreement, the applicable regulations and statutes. The Department may require changes to
the Management Plan necessary to effectuate the purposes of this Agreement and the MPROP.
Approval of the Management Agent is a required component of an approved Management Plan.
where spaces are to be rented or leased, the management plan must incorporate by reference
the Mobilehome Residency Law. Additionally it must incorporate lease terms, rental rates, and
fees for park amenities which are in compliance with the anti-displacement plan required under
paragraph (6) below. Where there is a difference between the lease rates provided by local
ordinance, pre-existing leases with a seller or the resident organization, and/or the provisions
of the State laws referenced in paragraph (6), the provisions offering the most beneficial terms
to the residents, shall prevail.
(3) The Resident Organization shall provide reports on its progress in completing the work and
satis@ing the requirements of this Agreement. The format and content of the reports are subject
to the approval of the Department. Unless othenvise directed by the Department, such reports
shall be submitted to the Local Entity within thirty (30) days after the end of each calendar quarter of the term of this Agreement, except that after the funding of the permanent blanket
loans, reports shall only be required on an annual basis, or as prescribed in the Regulatory
Agreement.
Carlsbad Resident Association, Inc. and
City of Carlsbad Contract No. 96-MPROP-057
Page4of 15
(4) In the event of conversion and blanket loans, the Resident Organization agrees to make all loan
payments when due and perform all its obligations as set forth in the Note, Deed of Trust,
Regulatory Agreement, Anti-Displacement Plan, and other documents related to this loan,
including any obligations imposed by law and regulations.
(5) The Resident Organization agrees to adopt and implement for the term of this Agreement an Anti-Displacement Plan prepared pursuant to the requirements of Section 50786 (d)(2) of the
Health and Safety Code and Section 66427.5 of the Government Code. The Resident
Organization agrees to provide verification that either no park residents will be involuntarily
displaced as a result of the park conversion or that the impacts will be mitigated as required
under state and local law. Compliance with this requirement requires at a minimum, a
comprehensive written plan which is consistent with the long term management plan for the park, that will provide, at a minimum:
a. rent formulas or calculations to be incorporated into the leases executed by the
resident orgamzation with non-purchasing residents consistent with the requirements,
of Government Code Section 66427.5.
b. adequate notice to non-purchasing tenants informing them of their rights; and
C. description of the methodology used to determine market rents; and
d. an implementation section that demonstrates the understanding and acceptance on the
part of the resident organization, the local entity, and the management agent for
meeting the anti-displacement and relocation law requirements, and
e. other items that the Department may require to ensure compliance with program
requirements.
C. ObliPations of the Local Entity
The Local Entity agrees, in addition to any items specified in Attachment B, to:
(1) Provide all certifications (if not provided in the application) specified in Title 25 California
Code of Regulation, Section 8018(b).
(2)
_ -
Administer any relocation or displacement efforts as required by Federal, State and local laws.
All parties acknowledge that relocation expenses may be a part of approved costs included in
the loan or loans to the Resident Organ&ion under this program, and that the Department shall
not be responsible for any relocation expenses not author&d by, or in excess of, the amounts
provided pursuant to this Agreement The Local Entity agrees, in addition to any items specified
in Attachment B, to assist the Resident Organization in the development and implementation
of the Anti-Displacement Plan.
(3) Provide continuing monitoring of the Resident Organization-and/or individual borrowers, as
applicable, to verify compliance with the terms and conditions of MPROP, and to protect the
security of the loan or loans as required by this Agreement and Title 25 California Code of
Regulations, Section 8030. The Local Entity shall provide assistance to the Department in the
event of a default on a loan, in protecting the Department’s security, including but not limited
to assessing the value of the property, and assisting in the development of a plan with the
borrowers to avoid foreclosure, and other similar activities. In furtherance of said obligation,
the Local Entity agrees to obtain and evaluate the periodic reports submitted by the Resident
Organization pursuant to this Agreement and/or any other regulatory agreements. Unless
othciwise directed by the Department, the Local Entity shall foMrard to the Department within
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 5 of 15
t&en (15) days after receipt, all reports submitted by the Resident Organization together with
the Local Entity’s assessment of the Resident Organization’s and Local Entity’s compliance with this Agreement, and the MPROP requirements. Should this assessment reveal a failure on the
part of the Resident Organization and the Local Entity, the Local Entity shall identify possible
solutions and recommend a course of action to correct the difficulty, subject to Department
review and approval.
(4) Monitor the implementation of the Anti-Displacement Plan, and provide recommendations and
advice to the Resident Organization to correct deficits in order to avoid potential claims for
relocation benefits.
(5) Fulfill all other obligations prescribed in Title 25 California Code of Regulations, Section 80 18.
9. Loan Amount and Proses
a. The Department shah provide a loan or loans for the amounts and for the purposes stated in Attachment,
B. In no instance shall the Department be liable for any costs or expenditures toward this project in
excess of the amount stated in Attachment B, nor for any unauthorized or ineligible costs or
expenditures. In addition, until this Agreement is executed by the Department, the Department shall not
be liable for any expenditures incurred with respect to this project.
b. Prior to loan closing, a detailed distribution of total project costs and the specific allocation of all sources of funds (the “closing budget”) shall be submitted to the Department for review and approval. The budget
must be consistent with the final assistance analysis chart approved by the Department. A&r loan
closing, the closing budget may not be changed without the prior written approval of the Department.
C. Unless otherwise specified in Attachment B, the following loan terms shall apply to any loan provided
hereunder by the Department.
(1) The Department agrees to make a loan or loans at the simple interest rate of three percent per
annum. Interest shah be payable on the unpaid principal balance from the date of execution and
recordation of the security documents.
(2) Payments in repayment of the loan(s) shall be credited first to unpaid interest, then to principal.
(3) All loans shall be evidenced by a.Promissory Note and secured by a Deed of Trust and/or
appropriate security agreement. Where a blanket loan is provided to the Resident Organization,
such loan shall be governed by a Regulatory Agreement to be executed by the Resident
Organization and the Department, and recorded.
10. Disencumbrance of Funds and Renavment of Excess Funds
a. If funds author&xl by this Agreement, or any portion thereof, have not been disbursed to or on behalf of
the Resident Organization in accordance with this Agreement, and the Department determines that such
funds, or a portion thereof, are not necessary for the Resident Organization’s performance hereunder, then
the Department may notifjr the Resident Organization that the funds shall be disencumbered. The notice
shall specify the effective date and the amount of the proposed disencumbrance. If the Resident
Organization does not provide information within 14 days adequate
to the Department to sustain the need for the funds and/or the ability to properly utilize them in a timely
fashion the amount shall be disencumbered on that effective date and shall no longer be committed or
author&d for use under this Agreement, and the total amount under this Agreement shall be reduced by
the amount of the disencumbrance.
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 6 of 15
b. Any funds disbursed to or on behalf of the Resident Organization which are not utilized promptly for the
purpose for which they were disbursed shall be returned to the Department within thirty (30) days of their
demand by the Department.
11. Administrative ExDenses
For purposes of performing the administrative functions set forth in this Agreement, the Department agrees to pay
to the Local Entity the amount specified in Attachment B, if any, for the services, and pursuant to the schedule
specified therein.
12. Special Conditions
The Resident Organization and Local Entity agree to comply with the special conditions, if any, contained in
Attachment C. In the event of any conflicts or inconsistencies between Attachment B and Attachment C, the
provisions of Attachment C shall prevail.
13. Method of Pavment
a. The Department shah release funds to the Resident Organization, Local Entity or other party designated
in Attachment B upon satisfaction of the conditions in this Agreement. Advance payments, or
withholding of funds, if any, shall be as provided in Attachment B. Unless otherwise specified by the
Department, any fbnds disbursed into an escrow account shall be deposited in a Federally Insured account
bearing the prevailing rate of interest. All interest shall be remanded to the Department at the close of
escrow.
b. Requests for funds shall be submitted to the Department Coordinator specified in Paragraph 23.
14. Commencement and Temj
This Agreement is effective on the date of execution by the Department, and shall terminate upon full repayment
of all principal and interest on all loans, unless terminated sooner pursuant to Paragraph 15. The Resident
Organization and Local Entity agree that their respective obligations under this contract shall be completed
pursuant to the time schedule specified in Attachment B unless a written request for an extension is approved in
advance. Prepayment of the financial obligations hereunder shall terminate the Agreement.
15. Defaults and Termination bv the Denartment
a. Subject to the cure periods specified below, the Department may terminate this Agreement at any tune
for good cause by giving written notice to the contractors. Good cause shall consist of a failure of
conditions, breach of this Agreement, the Regulatory Agreement, or any loan documents, or withdrawal
of the State’s expenditure authority. In the event of any default or failure of contract conditions which may be cured by the contractors, the Department shall provide written notification of such default to the Local
Entity and Resident Organization. The appropriate party shall be provided with 30 days to take necessary
corrective action prior to termination, unless a different time frame or corrective provision is set forth
within a specific loan document. In the event the State’s expenditure authority has been withdrawn, this
contract may be terminated with 10 days written notice and any unexpended funds received shall be
returned to the State within 30 days of the Notice of Termination.
b. In the event of any default or breach of this Agreement or any obligation of this Agreement, the
Department, at its sole option, may seek enforcement of the obligation breached and/or in default and/or
may declare the loan to be immediately due and payable. In the event the Department exercises the latter
option, the Resident Organization shall repay all outstanding principal and interest forthwith to the
Department or, if the Department approves, voluntarily convey all real property securing the loan or loans
to an entity approved by the Department. In the event the Department elects for former (seeks
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page7of 15
enforcement of obligation(s) breached), it may seek damages or it may seek equitable relief, such as
specific performance or injunctive relief, its being agreed by the Resident
Organization that the injury to the Department arising from certain defaults hereunder would be
irreparable and that it would be extremely difficult or impossible to ascertain the amount of compensation
to the State which would afford adequate relief in light of the purposes and policies of the program.
C. Subject to the provisions of Civil Code Section 1717, in the event the Department undertakes any
enforcement of this Agreement or any underlying obligations, the Resident Organization shall be liable
for reasonable costs of enforcement including, but not limited to, attorneys’ fees, court costs, and costs
of investigation.
d. Termination of this Agreement does not prejudice any other legal remedies available to the Department
to enforce the provision of this Agreement. The remedies of the Department are cumulative and the
exercise of one or more of such remedies shall not be deemed an election of remedies and shall not preclude the exercise by the Department of one or more of its other remedies.
16. Nondiscrimination Clause
a. During the performance of this contract, contractor and its subcontractors shall not unlawfully
discriminate, harass or allow harassment, against any employee or applicant for employment because of
sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical
condition (cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy
disability leave. Contractors and subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are f+ee ti such discrimination and harassment. Contractors
and subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder
(Califomia Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth
in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this
contract by reference and made a part thereof as if set forth in full. Contractor and its subcontractors shall
give written notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement.
b.
C.
This contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract. .z -
The Resident Organization shall not restrict the sale, lease or rental of units within the park on the basis
of age unless the park is designed to meet the physical and social needs of senior citizens in a manner
consistent with current State and Federal law.
17. Contractors and Subcontractors of the Resident Oreanization
a. The Resident Organization shall not enter into any agreement, written or oral, to perform the work with
any contractor who is not appropriately licensed in California.
b. The Agreement between the Resident Organization and any contractor shall require the contractor and
its subcontractors, if any, to:
(1) Perform the work in accordance with the federal, State and local laws and ordinances, including
housing and building codes, as are applicable.
(2) Comply with such of the nondiscrimination and drug free workplace requirements set forth in
this Agreement, as are applicable.
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 8 of 15
(3) Maintain at least the minimum State-required Worker’s Compensation Insurance for those
employees who shall perform the work or any part of it.
(4) Maintain unemployment insurance, disability insurance, liability insurance of at least
$1 ,Oo,O@l and property damage insurance in an amount equal to all outstanding indebtedness
plus resident equity in the organization.
18. Insnections and Review of Work
a. The Local Entity shall inspect and review any work performed hereunder to ensure that the work is being
and has been performed in accordance with the applicable State and/or local requirements and this
Agreement.
b. The Department reserves the right to inspect and review any work performed hereunder to see
that the work is being and has been performed in accordance with the applicable State and/or local requirements and this Agreement.
C. Resident Organization agrees to require correction of all work performed by a contractor found by any
inspections not to conform to the applicable requirements, and to withhold payments to the contractor or
subcontractor until it is so corrected.
19. Fiscal Administration
a. In addition to the Management Plan mquired by Paragraph 8(b), the Resident Organization is responsible
for maintaining records which fully disclose the amount and disposition of all funds allocated for the work,
and the amount and disposition of that portion of total costs provided from local sources. In addition, the
Resident Organization agrees to establish a first year operating budget to be submitted for Department
review and approval prior to loan closing. A budget shall be prepared annually for subsequent years and
shall be subject to Department review and approval prior to the beginning of each year thereafter. The
Resident Organization shall maintain accurate records on the use of MPROP funds for affordability
benefits of the low-income residents. The procedures developed by the Resident Organization must
provide for the accurate and timely recording of the receipt of funds, expenditures, and unexpended
balances. Adequate documentation of each transaction shall be maintained to permit the determination,
through an audit conducted by a certified public accountant if requested by the Department, of the
accuracy of the records and the allowability of expenditures charted to MPROP funds.
b.
. .~ -
The Local Entity agrees to establish and maintain fiscal control and accounting procedures which assure
that administrative funds, if any, awarded to it are properly disbursed, adequately controlled and
accounted for in a separate account. In addition, the Local Entity agrees to monitor the recordkeeping
specified in Paragraph (a) above.
C. If the allowability of an expenditure cannot be determined because records or documentation are
inadequate, the questionable costs shall be disallowed. The Resident Organization shall reimburse the
Department for the amount of any disallowed items financed by a loan made pursuant to this Agreement.
The Local Entity shall reimburse the Department for the amount of any of its administrative costs which
are disallowed. The Department’s determination of the allowability of any expense shall be final.
20. Audit/Retention and Insnection of Records
a. Contractor shall retain all books and records relevant to this contract for a minimum of three years after
the expiration of the contract and any and all amendments hereto, or for three years after the conclusion
or resolution of any and all audits or litigation relevant to this contract, whichever is later. The State, the
Bureau of State Audits. HCD and/or their representatives shall have unrestricted reasonable access to all
locations, books and records for the purpose of monitoring, auditing or otherwise examining said
locations, books and records, with or without prior notice.
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 9 of 15
b. Ifso directed by the Department upon termination of this Agreement, the Resident Organization and/or
the Local Entity shall cause all records, accounts, documentation, and other materials pertaining to the
work to be delivered to the Department as depository.
21. Comnliance with State and Federal Law and Regulations
The Resident Organization and Local Entity agree to comply with all State and Federal laws and regulations that
pertain to construction, health and safety, labor, drug-free workplaces, non-discrimination and fair employment
practices, equal opportunity, and all other matters applicable to the Resident Organization and Local Entity, its
subgrantees, contractors, or subcontractors or employees, and the work.
22. Environmental Reauirements
This Agreement may be subject to the provisions of the California Environmental Quality Act (CEQA). The Local
Entity assumes responsibility to lily comply with CEQA’s requirements, if applicable, regarding the work. The
release by the Department of funds is hereby conditioned upon compliance with CEQA.
23. DenartmentCoordinato1:
The coordinator of this Agreement for the Department is the Program Manager of the Mobilehome Park Resident
Ownership Program Division of Community Affairs. Any notice, report, or other communication required by this
Agreement shall be mailed by first class mail to the Department Coordinator at the following address:
Department of Housing and Community Development
Mobilehome Park Resident Ownership Program
P.O. Box 952054
Sacramento, CA 94252-2054
Attention: MPROP Program Manager
Phone: (916) 445-0110
24. Certified Resolution
Prior to the execution of this Agreement by the State, the Resident Organization and Local Entity shall provide
certified resolutions from their respectivegoverning bodies authorizing the execution of this Agreement.
25. Publicitv
The Resident Organization and Local Entity each agree that if this project is used for any promotional purpose the
Department shall be given suitable acknowledgement of its contribution to the purchase and/or conversion. The
Resident Organ&&n expressly agrees that any on-site sign posted acknowledging financial contributors or other
support to the project shall reference the Department in a suitable fashion.
26. waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The
failure of the Department to enforce at any time the provisions of this Agreement or to require at any tune
per%onnance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions
nor to affect the validity of this Agreement or the right of the Department to enforce theseprovisions.
Carlsbad Resident Association, Inc. and
City of Carlsbad Contract No. 96-MPROP-057
Page 10 of 15
27. Litigation
a. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent
jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions
of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore,
the provisions of this Agreement are, and shall be, deemed severable.
b. The Resident Organization shall notify the Department immediately of any claim or action undertaken by
or against it which affects or may affect this Agreement or the Department, and shall take such action with
respect to the claim or action as is consistent with the terms of this Agreement and the interests of the
State.
a. Prior to the disbursement of funds under this Agreement and thereafter during the term hereof, the
Resident Organization shall obtain, carry, and maintain in force, or cause to be obtained, carried, or
maintained in force, comprehensive general liability insurance in the amount of not less than one million’
dolIars ($1 ,OOO,OOO) for injury to or death of one person, one million dollars ($1 ,OOO,OOO) for injury to
or death of more than one person in one accident, and adequate property damage insurance.
b. Where the Department provides either conversion or blanket loan financing, the Resident Orgkation
shall ensure that the State of California and its officers and employees are named as additional named
insureds on the general liability insurance policy required by Paragraph (a) for the purposes of any
litigation arising at any time during or after the terms of this Agreement with respect to the performance
of this Agreement or any act or omission thereunder. That policy also shall provide for notice to this
Department in the event of any lapse of coverage and in the event of any claim thereunder. Upon request
by the State, the Resident Organization shall submit documentation of such insurance to the State.
C. Upon demonstration of cause satisfactory to the Department, the requirements of Paragraphs (a) and (b)
may be s&&xl by the Resident Organization’s and/or Local Entity’s providing evidence of an alternative
to conventional insurance sufhcient to provide equivalent protection.
29. Labo rq
The Resident Organization, by signing the Agreement, does declare under penalty of perjury that no more than one
final unappealable fmding of-contempt-of court by a Federal Court has been issued against the Resident
Organ&zation within the immediately preceding two-year period because of the Resident Organization’s failure to
comply with an order of a Federal Court which orders the Resident Organization to comply with an order of the
National Labor Relations Board (Public Contracts Code Section 10296).
30. Indemnification
This Paragraph supersedes Paragraph 1 of this Agreement and any other Paragraph herein which is inconsistent
with the terms of this Paragraph. The Resident Organization, with respect to the work it performs under this
Agreement, and Local Entity, with respect to the work it performs under this Agreement, shall indemnify and save
harmless the State of Cahfbmia and all officers and employees thereof connected with the work or program assisted
by this Agreement, from all claims, suits, or actions of every name, kind and description, brought forth, or on
account of, physical or other injuries to or death of any person, including but not limited to workers and the public,
or damage to property resulting from the performance of this Agreement, except as otherwise provided by statute.
Carlsbad Resident Association. Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 11 of 15
31. Hazardous Substances
a. The requirements of this paragraph apply to all conversion and blanket loans. Where the Department is making loans to individual residents only, the Department may waive or reduce any of the requirements
of this paragraph if it determines that equivalent studies or plans have been completed or that the costs
of satisfying these requirements exceed the benefits to the State.
b. For the purpose of this agreement, a “Hazardous Substance”: is any hazardous or toxic material, substance
or waste which is or may become regulated in any manner, including but not limited to, statute, or decree,
by the federal government of the United States, the State of California, or any local or regional
government body with regulatory authority and jurisdiction and includes, but is not limited to:
(1) those materials or wastes that are defined or which come to be defined by the federal
government of the United States, the State of California, or any local or regional government
body with regulatory authority and jurisdiction as “hazardous waste,” “extremely hazardous
waste, ” “restricted hazardous waste,” or hazardous substance”;
(21 any substance, product, waste or other material which may give rise to liability under any
statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict
liability, or any reported decisions of a state or federal court;
(3) petroleum and or petroleum products not contained in a regularly operated motor vehicle for the
purpose of fuel and/or lubrication;
(4) asbestos, lead-based paint, radon gas, landtill gas, natural gas, formaldehyde, fuel for chemical
storage tanks; and includes, but is not limited to, any soil or water contaminated by a material
noted above.
C. For the purpose of this Agreement, “Hazardous Substance Laws” are all local, state, and federal
environmental laws, ordinances, and regulations relating to any Hazardous Substance.
d. Prior to the drawdown of funds for acquisition of the mobilehome park, the Resident Orga&ation shall
perform, or cause to be performed, a “Phase 1” environmental audit to determine the possible presence
of Hazardous Substances on the Development Property and in any improvements thereon, except that the
“Phase 1” environmental audit is not required to be performed in individual mobilehomes. For the
completion of any environmental audits, hazardous substance removal plans, hazardous substance
operations and maintenance plans, or other hazardous work done pursuant to this Paragraph, the Resident
Organization shall employ personnel with the training, experience, references and insurance coverage that
evidence an ability to competently complete the relevant task. It is fully understood that the State may,
in its sole discretion, decline to release any tids for acquisition or construction work until all possible
violations of Hazardous Substance Laws have been resolved. The Resident Organization, or the entity preparing the environmental audit, shall provide a copy of the environmental audit for the State and shall
provide a certif?cation as to the accuracy of the environmental audit and the methodology employed in its
preparation. The “Phase 1” environmental audit shall include at a minimum:
(1) A historical review of the uses and improvements made to the Mobilehome Park. This
historical review shall include an appropriately designed chain-of-title search using the complete
records of the appropriate county recorder in order to discover relevant deeds, property
descriptions, covenants, restrictions, and other recorded documents.
(2) An analysis of old aerial photographs to determine the construction or destruction of buildings
and the existence of ponds and disposal areas on the Mobilehome Park over time.
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 12 of 15
(3)
(4)
(5)
(6)
(7)‘
(8)
(9)
(10)
(11)
(12)
(13)
(14)
An investigation of the Mobilehome Park and sites within 2,000 feet of the Development
Property with regard to the Environmental Protection Agency’s National Priority List,
Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) list, and any similar state lists.
A description of sites within 2,000 feet of the Mobilehome Park which may contain hazardous
substances that could impact the Development Property.
A review of building, zoning, planning, sewer, water, fire, environmental, and other records that
would have information on the Mobilehome Park and the sites described in subparagraph c. (4)
above.
A review of files and records of the Department of Health Services, Solid Waste Management
Board, Regional Water Quality Control Board, Air Quality Management District, and other
relevant boards or agencies whose actions may a&t, or may have affected, the Mobilehome
Park or the sites described in subparagraph c. (4) above.
An inspection of the Mobilehome Park and all existing improvements with particular attention
to the use of hazardous substances on the land, within structures, as building components, or in
operating equipment.
Findings from interviews with neighbors to determine prior uses of the Mobilehome Park (when
appropriate and acceptable to the parties involved).
A completed PROPERTY/ENVIRONMENTAL INFORMATION DISCLOSURE form signed
by the Contractor or other party with knowledge of the Mobilehome Park. (Copies available
upon request)
An indication as to whether present or past owners or tenants have stored, created, or discharged
hazardous materials or wastes, and a review of whether appropriate procedures, safeguards,
permits and notices are in place.
An asbestos report based on comprehensive inspection for asbestos-containing building
materials. The inspection must be performed by an inspector certified by the Environmental
Protection Agency. The report must provide enough information to enable any building
demolition or-removal that may occur to comply with applicable
local, state, and federal laws and regulations regarding the demolition of buildings containing
asbestos.
A discussion of the hazards, if any, posed by the presence of radon gas, underground storage
tanks, contaminated soil, contaminated group water, landfill gas, or other dangerous soil gases.
A clear, concise, and prominent summary of the reports’ findings, conclusions, and
recommendations.
An indication of the qualifications of the environmental auditor and the subcontractors used in
preparing the report.
e. In the event the “Phase 1” environmental audit indicates the possible presence of Hazardous Substances
as determined by the State, and the Resident Organization desires to proceed with the Development, the
Resident Organization shall determine if hazardous substances are actually present and to what extent
they are present. This “Phase 2” environmental audit may include:
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 13 of 15
(1) testing underground storage tanks for content and integrity,
(2) analysing soil gas,
(3) bulk soil sampling,
(4) groundwater and surface water sampling,
(5) analyzing local geology for potential chemical spill pathways and,
(6) listing individual groundwater wells and subsurface water bodies that may be affected by a
hazardous substance release.
In the event that the State determined, based on the “Phase 2” audit, that Hazardous Substances are
actually present, the Resident Organization shall prepare and submit to the State a detailed plan it would
be willing to follow to remove or mitigate these hazards in a manner which will result in full compliance
with all applicable Hazardous Substance Laws. This plan shall include time frames, costs, sources of
fur& necessary governmental approvals and any other relevant information related to the scope of the
work needed to remove or mitigate the presence of Hazardous Substances. The State reserves the right
to terminate this Agreement pursuant to Paragraph 15 if it determines, in its sole discretion, that the
additional risks and costs posed by the presence of Hazardous Substance, would jeopardize the security
for the grant agreement, render the Development impossible or financially infeasible, or present an undue
risk of liability to the State.
f. The State may waive or reduce any of the requirements in subparagraphs c and d if it determines that
equivalent studies or plans have been completed or that other evidence satisfactory to the State exist
which ehminates the necessity of undertaking any of the activities required by subparagraphs c and d of
this Paragraph However, a PROPERTY/ENVIRONMfZNTAL INFORMATION DISCLOSURE must always be completed prior to the draw down of funds for acquisition of the Mobilehome Park or for the
construction of improvements.
B. Upon the completion of an environmental audit, hazardous substance removal, or any related work
required under this Paragraph, the Resident Organization shall complete a CERTIFICATION OF
COMPLETION OF HAZARDOUS SUBSTANCE REMEDIATION (copies available upon request),
certifying that the work has been appropriately completed. -
In the event that the Resident Organization is in negotiation with a party, hereinafter referred to as the
“Seller,” for the purpose of acquiring the Mobilehome Park, the Resident Organization will make a good
faith effort to induce the Seller to execute the PROPERTY/ENVIRONMENTAL INFORMATION
DISCLOSURE, the SELLERS HAZARDOUS SUBSTANCE INDEMNITY AGREEMENT, and the
CERTIFICATIONS, REPRESENTATIONS, AND WARRANTIES (copies available upon request).
In the event that the Seller refuses to execute the CERTIFICATIONS, REPRESENTATIONS, AND WARRANTIES, the Resident Organization shall execute that document.
h. At all times the Resident Organization shall comply and cause the Development, and all subcontractors,
agents or employees to comply with all Hazardous Substance Laws. The Resident Organization shall
immediately notify the State in writing of:
(1) the discovery by the Resident Organization or any of its subcontractors, agents or employees
working with the Mobilehome Park, of any concentration or amount of Hazardous Substance
on or under the Mobilehome Park requiring notice to be given to any governmental entity or
agency under Hazardous Substance Laws. In the event of such a discovery, work shall be halted
on any portion of the Development that may result in violation of occupational health and safety
regulations, in violations of public health regulations, in waste or increased costs of hazard
removal or mitigation, or in exposing Development residents to an unreasonable risk of harm.
Carlsbad Resident Association. Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 14 of 15
Work may be resumed when the State determines that appropriate precautions are taken to
avoid these results;
(2) any knowledge by the resident organization or its subcontractors, agents or employees that the Development does not comply with any Hazardous Substance Laws;
(3) the receipt by the Resident Organization or its subcontractors, agents or employees of written
notice of any legal actions or claims regarding Hazardous Substances affecting the
Development;
(4) the discovery by resident organization or its subcontractors, agents or employees, of any occurrence or condition on any real property located within 2,000 feet of the Mobilehome Park
that could cause the Mobilehome Park or any part thereof to be designated as “border zone
property” under the provisions of Health and Safety Code Section 25220, et seq.;
In the event the resident organization or its subcontractors, agents or employees is not in
compliance with all Hazardous Substance Laws, the resident organization shall attain
compliance, or ensure compliance not more that thirty (30) days after resident organization’s
receipt of written notice by the State to do so.
i. Notwithstanding the limitations of subdivision (a) above, the Resident Organization hereby agrees in all
cases to indemnify and hold the State harmless for any and all liability arising out of the presence of
hazardous substances at the Development during the longer of the term of this Agreement. Liability may
be established by, among other forms of demands, a demand in the form of a judgement, a settlement, or
an administrative order; and may include costs, fees, penalties, interest, and other costs related thereto.
Whereas the purpose of this indemnity is to protect the State from harm, the State’s rights to recover
accrue as soon as the liability is incurred. “Any and all liability” includes, but is not limited to, liability
for: (1) the clean-up of hazardous substances; (2) claims for contribution or apportionment of remedies
and, (3) claims for physical or other damages to persons, property, or natural resources. The duty of the
Resident Organization to indemnify and hold harmless includes the duty to defend as set forth in Section
2778 of the Civil Code. The Resident Organizations’s duties herein arise regardless of the existence or
degree of fault or negligence, whether active or passive, on the part of the State. This subparagraph is
in addition to any other indemnity provision of this Agreement and is not to be considered in any manner
to supersede any other indemnity provisions of this Agreement or of the Program Documents.
j. Notwithstanding the limitations in subdivision (a) the Resident Organization releases the State from any
and all claims that the Resident Grganization may currently or subsequently have against the State, arising
out of the presence of hazardous substances at the Development. The Resident Organization expressly
waives the protection of Civil Code Section 1542.
32. Drug Free Worknlace
By signing this contract, the contractor or grantee hereby certifies under penalty of perjury under the laws of the
State of California that the contractor or grantee will comply with the requirements of the Drug-Free Workplace
Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the
following actions:
a. Publish a statement of notifying employees that unlawful, manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited and speci@ing actions to be taken against employees for violations, as required by Government Code Section 8355 (a).
- - arlsbad Resident Association, Inc. and
City of Carlsbad Contract No. 96-MPROP-q57
Page I of 10
ATI-ACHMENT A
LEGAL DESCRIPTION
PA2CEL 1:
ALL THAT PORTION OF LOT B IN RANCH0 AGUA XEDIONDA, IN THE CITY OF CARLSBJU,
COvNn OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF SO. 823,
FILED IN THE OFFICE OF TXE COUNTY RECORDER OF SAN DIEGO COUNTY, MVEXBER i6,
1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT B As SHOhN ON MU OF RECOIW) OF
SURVEY NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE SOtZH 000 06' 00" EAST
ALONG THE WEST LINE OF SAID LOT AS SBOWN ON AFORESAID MAP, 1093.50 FEET; THENCE
SOUTH 87O 45' 00" EAST, 1133.00 FEET; THENCE SOUTH 13O 12' 00" WEST 300.00
FEET; TKENCE SOUTH 81* 29' 14. EAST, 485.00 FEET; THENCE NORTH 13O 35' 46"
EAST, 950.00 FEET; TXENCE NORTR 34O 48’ 38” EAST, 214.23 FEET; RIENCE NORTE 130
35' 46" EAST 400.00 FEET To THE NORTXERLY LINE OF SAID LOT B; THENCE ALONG THE
NORTHERLY LINE OF SAID LOT, NORTX 89. 26’ 35’ WEST 1976.00 FEET TO TBX POINT OF
BEGINNING.
PARCEL 2:
TBAT PORTION OF LOT “Es OF RANCBO AGRA HEDIONDA, PARTLY IN THE CITY OF
CARLSBAD, AND PARTLY fNTHEUNINCORPORATEDAREAOF THE COUNTYOFSAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP -OF NO. 823, FIL+D IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVPIBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT CORNER NO. 1 OF SAID Lcrr *E= AS SAID CORNER IS SHOWN ON RECORI) OF
SPRVEY MAP NO. 6169, FILED IN TXE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
CO-UNTY; 7XENCE TO AND ALONG THE CENTEZ LINE OF THE CO- ROAD rcNOUN As ROAD
SURVEY NO. 602, ACCOEiDING To 13Ap .ON FILE IN THE OFFICE OF TKE COUNTY SURVEYOR
.OF SAID CO'WTY, NORTH 660 36' 08. WEST (RECORD NORTH 66O 57' 24" WEST) 1322.63
FEE? TO THE MOST NORTHWESTERLY LXNE OF LAND DESCRIBED IN DEED TO JAXOB
WERSCHING, ET UX, RECORDED APRIL 10, 1968 AS FILE NO. 59408 OF OFFICIAL RECXDS
AKD THE TRUE POINT OF BEhNING; THercE ALONG THE NORTXWSTERLY LfNE OF SAX
LAN2 N3RTF 290 58' . 38" EAST (RECORD NORTH 290 37' 22" r;lST) 1289.80 FEET TO X3
MOS’= NORXZRLY CORNER OF SAID WERSCHING LAND; THR?CE SCXi-I 66O 36' C8" EAST
500.00 FEE? TO AN ANGLE POINT IN TXE BOUNDARY OF LJUJD DESCRIBED mTER PARCEL 1
OF CC:? CLXM DEED TO THOMAS E. BURKE, RECORDED JUNE 16, 1967 AS FILE NO. 85380
OF OFFICIAL RECORDS; THENCE ALQNG THE BOUNDARY ‘MEREOF, SOUTH 66O 36' 08" EAST
259.78 FEET; SOUTH 890 00' 59' EAST (RXCORD SOVTZI 8S" 09' 42" EAST) 180.00 FEET
AND XORTH 560 55' 40" EAST 180.11 FEET (RECORD NORTH 56* 21’ 08. EAST 180.00
FEET) TO THE EASTEaY LINE OF SAID LOT "E" DISTANT TXEX9N NORTH O* ?0' 40"
EAST 1664.64 FEET FROM CORNER NO. 1 OF SAID LOT l E”; THENCE ALONG SAID EASTZZY
LINE NORTH 00 12' 22" EAST 937.37 PEET (RECORD NORTH O" 15' 51" EAST 937.31
FEET) TO CORN7ZR NO. 13 OF SAID LOT "E"; THENCE AZXlNG THE SOUTHERLY LXNE OF SAiD
LOT “E” SOUTH 89. 30' 04" EAST (RECORD SOm31 89O 26' 35' EAST) 783.26 PEET;
Z-HENCE NORTH 340 44' 03" EAST 663.15 FEET To A 2 INCH IRON PIPE WITH COPPER
DISC MARKED RCE 6486; THENCE NORTX 15. 54' 25" WEST 630.45 F'EFP T-0 A POINT IN
TXE SOUTHEASTISRLY BOUNDARY OF LAND DESCRIBED IN DEED TO OCEANSIDE-CARLBAD XIGX
SCHOOL DISTRIc RECORDED NO-&R 27, 1970 AS FILE NO. 216959 OF OFPICfAL RECORDS: TXENCE ALONG SAID SO- TERLY BOUNDARY SODTX 53O 22' 17" WEST
1166.81 FEET TO A 2 INCH IRON PIPE WITH COPPER DISC MARKED = 2940 AS SAID P:PE
C&bad Resident Association. Inc. and
City of Carlsbad
Contract No. ‘36-MPROP-027
Pngc 2 of IO
ATTACHMENT A
LEGAL DESCRIPTION
IS SHOWN ON RECORD OF SURVEY MAP NO. 6616, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY; BEING ALSO AN ANGLE POINT IN THE BOUNDARY OF THE
LAND SHOWN ON RECORD OF SURVEY MAP NO. 6616, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY FORMED BY THE COURSES "NORTH 51° 47' 48" EAST
1165.49 FEET" AND "NORTH 4O 20' SO" EAST 963.88 FEET; THENCE ALONG SAID
BOUNDARY SOUTH Sl" 47' 48 " WEST 1165.45 FEET (RECORD 1165.79 FEET) AND SOUTH
48O 19' 29" WEST, 404.15 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID RECORD
OF SURVEY NO. 6616, THENCE CONTINUING ALONG SAID BOUNDARY AS FOLLOWS: SOUTH
65O 14' 32" WEST, 387.06 FEET; NORTH 77O 48' 20" WEST 635.06 FEET; SOUTH 650
42' 27" WEST 494.30 FEET; SOUTH 39O 44' 33" WEST, 339.77 FEET AND SOUTH 300 46'
06" WEST 331.55 FEET TO THE CEXTER LINE OF SAID ROAD SURVEY NO. 682; THENCE
SOUTH 300 46' 06" WEST TO THE SOUTHWESTERLY LINE OF SAID LOT “E”; THENCE SOUTH
660 54' 57" EAST (RECORD SOUTH 67O 16' 13" EAST) TO THE SOUTHWESTERLY CORNER OF
SAID WERSCXING'S LAND; THENCE NORTH 290 58' 38" EAST ALONG THE NORTHWESTERLY
LINE THEREOF, 10.06 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2A:
THAT PORTION OF LOT "En OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF
NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED As FOLLOWS:
BEGINNING AT CORNER NO. 1 OF SAID LOT "E" AS SAID CORNER IS SHOWN ON RECORD OF
SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE TO AND ALONG THE CENTER LINE OF THE COUNTY ROAD KNOWN AS ROAD
SURVEY NO. 602, ACCORDING TO MAP ON FILE XN THE OFFICE OF THE COUNTY SURVEYOR
OF SAID COUNTY, NORTH 66O 36' 08" WEST (RECORD NORTH 66O 57' 24" WEST) 1822.60
FEET TO THE MOST NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO JAKOB
WERSCHING, ET UX, RECORDED APRIL lo;1968 AS FILE NO. 59408 OF OFFICIAL
RECORDS; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LAND NORTH 29O 58' 38"
(RECORD NORTH 290 37' 22") EAST.1289.80 FEET TO THE MOST NORTHERLY CORNER OF
SAID WERSCHING LAND; THENCE SOUTH 66O 36' 08" EAST SOO.OO'FEET TO AN ANGLE
POINT IN THE BOUNDARY OF LAND DESCRIBED UNDER PARCEL 1 OF QUIT CLAIM DEED TO
THOMAS E. BURKE, RECORDED JUNE 16, 1967 AS FILE NO. 86380 OF OFFICXAL RECORDS;
THENCE ALONG THE BOUNDARY THEREOF, SOUTH 66O 36' 08" EAST 259.78 FEET; SOUTH
89O 00' 59" EAST (RECORD SOUTH 890 09' 42" EAST) 180.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE RETRACING NORTH 890 09' 42" WEST 180.00 FEET; NORTH 66O
36' 08" WEST 259.78 FEET; NORTH 66O 36' 08" WEST 500.00 'FEET AND SOUTH 29O 37’
22" WEST 1330.06 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT "E"; THENCE ALONG
SAID SOUTHWESTERLY LINE SOUTH 67O 16' 13" EAST (RECORD SOUTH 67O 10' 00" EAST1
1164.63 FEET; THENCE NORTH 23O 02' 36" EAST 33.62 FEET, MORE OR LESS, TO THE
MOST WESTERLY CORNER OF THAT PARCEL OF LAND CONVEYED TO CARROLL R. KELLY AND WIFE, BY DEED RECORDED MAY 2, 1962 AS FILE NO. 75052 OF OFFICIAL RECORDS;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID I&ND NORTH 29O 37' 22" EAST (RECORD
NORTHEXTERLY) 1213.60 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 11 E I( ; THENCE NORTHERLY ALONG SAID EASTERLY LINE 320.00 FEET TO A LINE WHICH
BEARS NORTH 560 21' 08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 56O
21' 08" WEST 180 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING WITHIN A STRXP OF LAND 60 FEET WIDE EASTERLY AND
-arkbad Resident Asswiation, Inc. and
City of C&bad Contract No. 96-MPROP-057
Pngc 3 ol’ IO
ATTACHMENT A
LEGAL DESCRIPTION
SOUTHEASTERLY LINE OF SAID 60.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT CORNER NO. 1 OF SAID LOT “E” AS SAID CORNER IS SHOWN ON RECORD OF
SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT "E", NORTH OO" 11' 00" WEST
1509.15 FEET AND NORTH OO" 06' 00" WEST 155.43 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN DEED TO THOMAS E. BURKE, ET AL RECORDED AUGUST
4, 1965 AS FILE NO. 139037 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE ALONG THE BOUNDARY OF SAID LAND,
RETRACING ALONG THE EASTERLY LINE OF SAID LOT "E" SOUTH OO" 36' 06" EAST 155.43
FEET AND SOUTH 000 11' 00" EAST 164.57 FEET TO AN ANGLE POINT IN THE BOUHDARY
OF SAID BURKE LAND; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 29O 37' 22"
WEST 1213.60 FEET TO THE NORTHEASTERLY LINE OF ROAD SURVEY NO. 682.
THE SOUTHERLY TERMINUS OF ‘ITI!2 NORTHWESTERLY LINE OF SAID 60.00 FOOT STRIP IS TO
BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF. SAID
ROAD SURVEY NO. 682.
PARCEL 2B:
A STRIP OF LAND 60.00 FEET WIDE LYING WITHIN LOT "E" OF THE RANCH0 AGUA
HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED XN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEKBER 16, 1896, THE EASTERLY AND SOUTHEASTERLY LINE OF
SAID 60.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT CORNER NO. 1 OF SAID LOT "E" AS SAID CO&R IS SHOWN ON RECORD OF . SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT "E", NORTH OO" 11' 00" WEST,
1509.15 FEET AND NORTH QO" 06' 00" WEST 155.43 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN DEED TO THOMAS E. BURKE, ET AL, RECORDED AUGUST
4, 1965 AS FILE NO. 139037 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE AK'NG THE BOUNDARY OF SAID LAND,
RETRACING ALONG THE EASTERLY LINE OF SAID LOT "E", SOUTH OO" 06' 00" EAST
155.43 FEET AND SOUTH OO" 11' 00" EAST 164.57 FEET TO AN ANGLE POINT IN THE
BOUNDARY OF SAID BURKE LAND; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 29O
17’ 22" WEST 1213.60 FEET TO THE NORTHEASTERLY LINE OF ROAD SURVEY NO. 682.
THE SOUTHERLY TERMINUS OF THE NORTHWESTERLY LINE OF SAID 60.00 FOOT STRIP IS TO
BE PROLONGED SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID ROAD .S-URVEY
NO. 682.
PARCEL 3:
THAT PORTION OF LOT "B" OF RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP TKEREOF NO. 823, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COW, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT "B" AS SHOWN ON RECORD OF
S~V'EY MAP NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO,
- -
hisbad Raidcnt Association. Inc. and
City of Carlsbad
Contract No. 06-MPRO~-~~7
I’3gc 4 or I()
ATTACHMENT A
LEGAL DESCRJPTION
CO'UNTY, OCTOBER 23, 1935; THENCE ALONG THE WESTERLY LINE SAID LOT "B"; SOUTH
OO" 06' 00" EAST, 1093.50 FEET; THWCE SOUTH 87O 45' 00" EAST, 1133.00 FEET TO
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LAND DESCRIBED IN DEED 'IQ
EDWARD C. YOURELL, ET AL, RECORDED JUNE 14, 1957 IN BOOK 6621, PAGE 367 OF
OFFICIAL RECORDS; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINE SOUTH
130 05' 00" WEST (RECORD SOUTH 13O 12' 00" WEST) 784.00 FEET TO THE
NORTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO ALVENA WARD,
RECORDED SEPTEMBER 23, 1968 AS FILE NO. 163950 AND BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 13O OS' 00" WEST,
526.30 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1 OF WARD'S LAND; THENCE
ALONG THE BOUNDARY OF SAID LAND AS FOLLOWS: SOUTH 76O 55' 00" EAST, 445.00
FEET AND SOUTH 64O 25' 00" EAST, 213.83 F'EBT TO TBE SOUTHWESTERLY CORNER OF
LAND DESCRIBED IN PARCEL 1 IN DEED TO GUY E. WARD, ET UX, RECORDED APRIL 13,
1969 AS FILE NO. 65106; THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 OF WARD;S
LAND LAST ABOVE REFERRED TO AS FOLLOWS: SOUTH 64O 25' 00' EAST, 65.55 FEET
(RECORD 66.17 FEET) TO At? ANGLE POINT THEREIN; SOUTH 2O 35' 00" WEST, 14.66
FEE? (RECORD 14.54 FEET) TO A POINT ON THE ARC OF A NON-TANGENT 40.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH 74O 10'
25" EAST TO SAID POINT; SOUTHERLY ALONG THE ARC OF SAID CUR'.% THROUGH A CENTRAL
ANGLE OF 68O 26' 44", A DISTANCE OF 47.78 F'EET; NON-TANGENT TO SAID CURVB SOUTH
67O 31' 43" EAST, 516.23 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; NORTH
220 37' 00" EAST, 279.13 FEET TO AN ANGLE POINT THEREIN: SOUTH 78O 32' 00" EAST
234.04 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; NORTH f6O 16' 27" WEST,
438.16 FEET TO AN ANGLE POINT THEREIN; NORTH 34O 12’ 32” WEST, 292.76 FEET TO A
CORNER THEREIN; AND NORTH 81° 53' 00" WEST, 264.57 FEET TO THE NORTHWESTERLY
CORNER OF SAID PARCEL 1 OF WARD'S LAND LAST'ABOVE REFERRED TO, BEING ALSO A
POINT ON THE SOUTHERLY LINE OF LAND DESCRIBED IN PARCEL 2 IN DEED TO DOROTHY
SANDLIN, RECORDED DECEMBER 31, 1969 AS FILE NO. 236356; THENCE ALONG SAID
SOUTHERLY LINE AND THE WESTERLY PROLONGATION THEREOF NORTH 20° 22' 0.5" EAST,
109.81 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2 OF SANDLIN'S LAND,
BEING ALSO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN PARCEL 1 OF SAID DEED
TO ALVENA WARD, FIRST HEREINABOVE REFERRED TO; THENCE ALONG THE NORTHERLY LINE
OF SAID PARCEL 1 OF WARD'S LAND NORTH 7S" 29' 25" WEST 579.91 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 3A:
AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THAT PORTION OF LOT "B" OF
FUOHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING
TO MA? THEREOF NO. 823, FILED IN THE OFFICE OF THE COtDJTY RECORDER OF SAN DIEGO
CO'UNTY , NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND 50.00 FEET IN WIDTH,
THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 3 HEREINABOVE DESCRIBED, BEING
A POINT ON THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO EDWARD C. YOURELL, ET
AL, RECORDED JUNE 14, 1957 IN BOOK 6621, PAGE 367 OF OFFICIAL RECORDS; THENCE
ALONG SAID WESTERLY LINE SOUTH 130 05' 00" WEST (RECORD SOUTH 13O 12' 00" WEST)
805.00 FEET TO THE CENTER LINE OF COUNTY ROAD SURVl% NO. 682 (KNOWN AS EL
CAMIN REAL-COUNI'Y ROAD A-13) ACCORDING TO PLAT THEREOF ON FILED IN THE OFFICE
OF THE COUNTI ENGINEER OF SAN DIEGO COUNTY; THENCE ALONG SAID CENTER LINE NORTH
54O 40' 00" WEST, 129.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL
Carlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-OS7
Page 5 01’ IO
A-I-I-ACHMEKT A
LEGAL DESCRIPTION
WiTH THE WESTERLY LINE OF SAID LAND OF YOURELL, ET AL, NORTH 13' 05' 00" EAST,
666.19 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY AND EASTElUY ALONG THE ARC OF SAID CUrwE
THROUGH A CENTRAL ANGLE OF 90° 00’ OO”, A DISTANCE OF 188.50 FEET TO THE
WESTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE NORTHEASTERLY LINE OF
SAID EL CA&NO REAL AS NOW LOCATED AND ESTABLISHED.
PARCEL 4:
THAT CERTAIN PORTION OF LOT mB” OF THE RANCH AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THKREOF NO. 823, FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED As
FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "B", AS SHOWN ON RECORD OF SURVEY
NO. 517, RECORDS OF SAN DIEG0 COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT
"B" As SHOWN ON SAID RECORD OF SURVEY, SOUTH OO" 06' 00" EAST 1093.50 FEET;
THENCE SOUTH 87O 45' 00" EAST 1133.00 FEET; THENCE ALONG THE NOR-Y
PROLONGATION OF THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED To EDWARD C.
YOURELL, ET AL, RECORDED JULY 14, 1957 IN BOOK 6621, PAGE 367 OF OFFICIAL
RECORDS, SOUTH 130 16' 30" WEST -RECORD SOUTH 13O 12' 00" WEST- 550.00 FEET TO
THE NORTHWEST CORNER OF SAID YOUREI,L LAND, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 13O 16' 30" WEST
-RECORD SOUTH 130 12' 00" WEST- 234.00 FEET; THENCE SOUTH 75O 29' 25" EAST
580.00 FEET; THENCE NORTH 13O 16' 30" EAST 298.85 FEET, MORE OR LESS, TO THE
NORTHERLY LINE OF SAID YOURELL LAND; THENCE ALONG S?UD NORTHERLY LINE NORTH 81°
53' 00" WEST 582.22 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 4A:
-.
. x
AN EASEMENT 60.00 FEET WIDE FOR PUBLIC ROAD AND INCIDENTAL PURPOSES OVER THAT
CERTAIN PORTION OF LOT "~0 OF THE RANCHO AGUA H~IO~A, IN THE co-m OF sm
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, A CENTER LiNE
OF WHICH IS DESCRIBED As FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT ,t~v As SH0NN ON THE MAP OF RECORD
OF SURVEY NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF
.sAID LOT "B" As SHOWN ON THE AFORESAID MAP, SOUTH OO" 06' 00" EAST 1093.50
FEET; THENCE soum 870 45' 00" EAST 1133.00 FEET; THENCE ALONG THE NORTHERLY
PROLONGATION OF THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO EDWARD C. YOURELL, ET AL, RECORDED JULY 14, 1957. IN BOOK 6621, PAGE 367 OF OFFICIAL
RECORDS, SOUTH 130 05' 00" WEST -RECORD SOUTH 13O 12' 00" WEST- 2015.30 FEET,
MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT "B" BEING ALSO
THE CENTER LINE OF THE COUNTY ROAD mOwN AS A-13 RECORDS OF SAN DIEGO COUNTY;
THENCE ALONG THE LAST MENTIONED CENTER LINE OF COUNTY ROAD KNOWN As A-13, NORTH 540 40' 00" WEST 129.55 FEET; THENCE NORTHERLY ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF YOURELL LAND NORTH 13. OS 00" EAST 768.19 FEET; THENCE SOUTH
76O 55' 00" EAST 120.00 FEET TO THE WESTERLY LINE OF SAID YOURELL LAND; THENCE
-.
-&bad Resident Associntion, Inc. and
City of Cnrlsbad
Contract No. %-MPR?!‘-tl!7
I’qc 0 (11’ IO
ATTACHMENT A
LEGAL DESCRIPTION
CONTINUING ALONG SAID LAST MENTIONED COURSE SOUTH 76O 55' OO" EAST 336.00 FEET,
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 13“ 05' 00" EAST 360.8C FEET;
THENCE SOUTH 810 53' 00" EAST 140.00 FEET; THENCE NORTH 20° 22' 00" EAST
111.95 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID ISAACS LAX, BEING
DESCRIBED IN BOOK 7139, PAGE 393 OF OFFICIAL RECORDS, SAID LAST MEKIOXED POINT
BEING DISTANT THEREON NORTH 75O 29' 25" WEST 30.16 FEET FROM THE SOLZHEAST
CORNER OF SAID ISAACS LAND. .
PARCEL 4B:
AN EASEMENT jO.00 FEET WIDE FOR PUBLIC ROAD AND INCIDENTAL PURPOSES OVER THAT
CERTAIN PORTION OF LOT "B" OF THE RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING To MAP THEREOF NO. 823, FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, A SOUTHERLY
LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "B" AS SHOWN ON THE MAP OF RECORD
‘OF SURVEY NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF
SAID LOT "B" A.5 SHOWN ON THE AFORBSAID MAP, SOUTH OO* 06' 00" EAST 1093.50
FEET; THENCE SOUTH 87O 45' 00" EAST 1133.00 FEET; THENCE ALONG THE NORTHERLY
PROLONGATION OF THE WESTERLY LIPjE OF LAND DESCRIBED IN DEED TO EDWARD C.
YOURELL, ET AL, RECORDED JULY 13, 1957 IN BOOK 6621, PAGE 367 OF OFFXCIAL
RECORDS, SOUTH 13O 05' 00" WEST -RECORD SOUTH 1312' 00" WEST- 2115.30 FEET,
MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT "B" BEING ALSO
THE CENTER LINE OF THE COUNTY ROAD mOWN AS A-13, RECORDS OF SAN DIEW COUNTY;
THENCE ALONG THE LAST MENTIONED CENTER LINE OF COUNTY ROAD KNOWN AS A-13, NORTH
340 40' 0O"'WEST 129.55 FEET; TRENCE NORTHERLY ALONG A LINE PARALLEL WITH THE
WESTERLY LINE OF YOURELL L&ND NORTH 130 05' 00" EAST 768.19 FEET; THZNCE SOUTH
76O 55’ 00" EAST 120.00 FEET TO THE WESTERLY LINE OF SAID YOURELL LAKD;BEING
ALSO TXE TRUE POINT OF-BEGINNING; 'THENCE CONTINUING ALONG SAID LAST KENTIONED
COURSE SOUTH 76O 55' 00" EAST 426.00 FEET TO THE TERMINATION OF SAID DESCRIBED
SOUTHERLY LINE. _- -
PARCEL 4C:
AN EASEMENT 50.00 FEET IN WIDTH FOR ROAD AND UTILITY PURPOSES OVER FAT CERTAIN
PORTICN OF LOT "B" OF THE RANCH0 AGUA HEDIONDA, fN TXE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE C'?ICE OF
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, A CENTER LI,rZ OF WHICH
IS DESCRIBED As FOLLOWS:
BEGI~ING AT THE NORTHWEST CORNER OF SAID LOT 'B" AS SHOWN ON TXE MA? OF RECORD
OF S'URVEY NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF
SAID LOT "B", AS SHOWN ON THE AFORESAID MAP, SOUTH 00° 06' 00" EAST 1393.50
FEET; THENCE SOUTH 87O 45' 00" EAST 1133.00 ‘FEET; THENCE ALONG THE NORTHERLY
PROLONGATION OF THE WESTERLY LINE OF THE LAND DESCRIBE3 IN DEED TO E'DWW C.
YOURELL, ET AL, RECORDED JULY 14, 1957 IN BOOK 6621, PAGE 367 OF OFFICIAL
RECORDS, SOUTH 130 05' 00" WEST -RECORD SOUTH 13“ 12' 00" WEST- 2115.30 FEET,
MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT "B", BEING ALSO
THE CENTER LINE OF THE COUNTY ROAD KNOWN As A-13, RECORDS OF SAN DIEM COUNTY;
THENCE ALONG THE LAST MENTIONED CENTER LINE OF COU?JTY ROAD XNOWN AS A-13, NORTH
Al-TACHMEbiTA
LEGAL DESCRIPTION
&rlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. 9GMPR9~-1)l7
I’ngc 7 ol‘ II)
540 40' 00" WEST 129.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY
ALONG A LINE PARALLEL WITH THE' WESTERLY LINE OF SAID YOURELL LAND, NORTH 13O
15' 00" EAST 666.19 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIX
CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 188.50 FEET
THROUGH AND ANGLE OF 90° 00' 00" TO TEE WESTERLY LINE OF SAID YOURELL LAND.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGED OR SHORTENED TO TERMINATE AT THE
CENTER OF SAID COUNTY ROAD A-13.
PARCEL 5:
THAT CERTAIN PORTION OF LOT "B" OF THE RANCH0 AGUA HEDIONDA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE UF 'i‘HE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVPlBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "B" AS SHOWN ON RECORD OF SURVEY
MAP NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF SAID
LOT "B" As SHOWN ON SAID RECORD OF SUX'JEY MAP SOUTH O* 06' EAST 1093.5 FEET TO
AN ANGLE POINT IN SAID b&ST LINE, SAID POINT BEING ALSO THE NORTHWEST CORNER OF
A 39.0 ACRE PARCEL OF &AND AS SHOWN OR SAID RECORD OF SURVEY MAP NO. 517, ALSO
SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF
LAND; THENCE CONTINUING ALONG SAID WEST LINE SOUTH O* 11' EAST 1197.17 FEET;
THENCE LEAVING SAID WEST LINE NORTH 84* 02' 08" EAST 62.80 FEET; THENCE NORTH
37* 32' 03" EAST 460.00 FEET; THENCE SOUTH 800 28' 02" EAST 275.00 FEET; THENCE
SOUTH 40" 28' 07" EAST 130.00 FEET; TEENCE SOUTH If* 58' 12" EAST 236.00 FEET; . THENCE SOUTH 280 01' 43" WEST, 106.39 FEET; THENCE SOUTH 76* 46' 39" EAST,
104.48 FEET TO A POINT ON THE EASTERLY LINE OF THE ABOVE MENTIONED 39.0 ACRE
PARCEL OF LAND AS SHOWN ON SAID RECOR3 OF SURVEY MAP; THENCE ALONG SAID
EASTERLY.LINE NORTH 15, 13' 21" EAST (NORTH 13O 12' EAST RECORD) 1312.20 FEET
TO THE NORTHEAST CORNER-OF SAID 39.0 ACRE PARCEL OF LAND; THENCE ALONG THE
NORTHERLY LINE THEREOF'NORTH ‘87* 47' 35" WEST 1133.30 FEET (NORTH 87O 45' WEST.
1133.0 FEET RECORD) TO THE TRUE POINT OF BEGINNING.
PARCEL 6:
THAT CERTAIN PORTION OF LOT "E" OF THX RANCH0 AGUA HEDIONDA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMSER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER 0~ SAID LOT "8" As SHOWN 0~ RECORD OF SuRvEY
MAP NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT "B' AS SHOWN ON SAID RECORD OF SURVEY MAP SOUTH O" 06' EAST 1093.5 FEET TO
AN ANGLE POINT IN SAID BOUNDARY; THENCE ALONG SAID WEST LINE SOUTH 00 11' EAST
164.57 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF
LAND; THENCE CONTINUING ALONG SAID WEST LINE SOUTH O" 11' EAST 1032.60 FEET;
THENCE LEAVING SAID WEST LINE soumi 840 02' 08" WEST log.20 FEET; THENCE souTH
90 02' 13" WEST 210.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF
ROAD SURVEY 682, 60 FEET WIDE, DISTANT THEREON NORTH 66O 57' 42" WEST (NORTH
67O 10' 00" WEST PER R.S. 682) 35.00 FEET FROM ROAD SURVEY STATION 130 + 02.98
iarlsbad Resident Association, Inc. and
City of Carlsbad
Contract No. ‘X-MPROP-057
hgc H Ol II)
ATTACHMEKT A
LEGAL DESCRIPTION
B.C. "8" LINE REALIGNMENT; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH
660 57' 42" WEST (RECORD NORTH 67* 10' 00" WEST) 501.24 FEET; THENCE LEAVING
SAID NORTHERLY RIGHT OF WAY NORTH 29* 40' 36" EAST 1213.62 FEET TO THE TRUL
POINT OF BEGINNING.
PARCEL 7:
That portion of Lots B and E of RANCH0 AGUA HEDIONDA, in the City of Carlsbad,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, according to Partition Map thereof
No. 823, filed in the Office of the County Recorder of said San Diego County,
NOVEMBER 16, 1896, being more particularly described as follows:
BEGINNING at a point in the NORTHERLY line of that certain 60 foot strip of,.
land described in deed to the COUNTY OF SAN DIEGO RECORDED FEBRUARY 19, 1962,
as Document No. 28911 of OFFICIAL RECORDS, distant thereon, 660 FEET WESTERLY
from the interesection of said NORTHERLY line with the lot line between Lots "B" ad ItEll; THENCE along the NORTHERLY line of said 60 foot strip of land
SOUTH 660 57' 24" EAST 501.61 FEET; THENCE NORTH 9O 02' 34" EAST 110 FEET to
point "A" of this description; THENCE continuing NORTH 9O 02' 34" EAST 100
FEET; THENCE NORTH 84* 02' 26" EAST 172 FEET to point "Bn of this description;
THENCE SOUTH lo* 55' 3Ei" WEST 301.86 FEET to a point in the arc of a 1,'030 foot
radius curve concave SOUTHERLY in the NORTHERLY line of that certain 80 foot
strip described in PARCEL 61571-A in deed to the COUNTY OF SAN DIEGO, RECORDED
FEBR?JARY 19, 1962, as FILE NO. 28912 of OFFICIAL RECORDS; THENCE EASTERLY along
said curve 45 FEET to the TRUE POINT OF BEGINNING; THENCE NORTHERLY along a
straight line through point "B" to a point 160 FEET SOUTHERLY from point "B";
THENCE WESTERLY along a straight line 185 FEET to point "An; THENCE SOUTH go
02’ 34” WEST 110 FEET; THENCE EASTERLY along the NORTHERLY line of said 60 and
EC) foot strips of land to the TRUE POINT OF BEGINNING in Lots B and E. -.
-
PARCEL 8:
Ail that portion of LOT rBs of RANCH0 AGUA HEDIONDA, in the City of Carlsbad,
C3UNTY OF SAN DIEGO, STATE OF CALIFORNIA, according to Map therecf No. 823, filed in the Office of the Recorder of SAN DIEGO COUNTY, NOVEMBER 16, 1896, DZSCRIBED AS FOLLOWS:
COMMENCING at the most WESTERLY corner of that certain parcel of land
delineated and designated as "31.46 Acres NET" on Record of Survey Map No.
6169, filed in the OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 19, 1963; THENCE along the boundary of said Record of Survey Map as follows:
SOUTH 660 57’ 24” EAST, 501.61 FEET; NORTH 09* 02' 34" EAST, 210.00 FEET and
NORTH 84O 02’ 26” EAST, 172.00 FEET to the TRUE POINT OF BEGINNING; THENCE
continuing along the boundary of said Record of Survey Map as follows: NORTH
37O 32’ 21” EAST, 460.00 FEET; SOUTH 80* 22' 44” EAST, 275.00 FEET; SOUTH 40°
27’ 49" EAST, 130 FEET; SOUTH 15* 57' 54 EAST, 236.00 FEET; SOUTH 20° 02' 01"
WEST, 106.39 FEET and SOUTH 76* 46' 42" EAST, 104.48 FEET to the EASTERLY line
of the land described in deed to CARROLL R. KELLY, et ux, RECORDED DECEMBER 12,
1957 in BOOK 6867, PAGE 338 of OFFICIAL RECORDS; THENCE along the boundary of
. -
Larkbad Resident Association, Inc. and
01~ of Carlsbad Contract No. 96-MPROP-OS7
Pngc 9 (II IO
ATTACHklEh;T A
LEGAL DESCRIPTION
said Kelly's land as follows: SOUTH 130 12' 00" WEST, 835.00 FEET to a point
on the SOUTHWESTERLY line of said LOT "B", being also the center line of the
County Road known as A-13 according to Plat thereof on file in the Office of
the County Engineer of SAN DIEGO COUNTY; along said SOUTHWESTERLY line and said
center line, NORTH 54O 40' 00" WEST, 669.3 and NORTH 32O 55' 00" WEST, 180.30
FEET to the WESTERLY line of said Lot "B"; THENCE along the WESTERLY line of
said LOT and being the WESTERLY line of said Kelly's land NORTH OO" 11' 00"
WEST, 325.00 FEET, MORE OR LESS, to a line which bears SOUTH 84O 02' 26" WEST
from the TRUE POINT OF BEGINNING; THENCE NORTH 84O 0.2' 26" EAST, 70.00 FEET,
MORE OR LESS, to the TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM that portion lying EASTERLY of a line DESCRIBED AS FOLLOWS:
BEGINNING at the SOUTHEASTERLY corner of the land above described being also
the SOUTHEASTERLY corner of the land described in deed to Jakob Wershing, et
ux, RECORDED FEBRUARY 18, 1970 as FILE NO. 29672; THENCE along the SOUTHERLY
and WESTERLY line of said Wershings' land as follows: NORTH 54O 40' 00" WEST,
129.55 FEET; NORTH 130 05' 00" EAST, 666.19 FEET to the BEGINNING of a tangent
120.00 foot radius curve, concave SOUTHEAS TERLY and NORTHEASTERLY along the arc
of said curve through a central angle of 90° 00' 00" a distance of 188.50 FEET
to the EASTERLY line of aforementioned Kelly's land.
ALSO EXCEPTING THEREFROM that portion described in deed to RICHARD C. KELLY,
-RECORDED MARCH 12, 1971 as FILE NO. 47136, being more particularly DESCRIBED AS
FOLLOWS:
COMMENCING at the most WESTERLY corner of that certain parcel of land described above as "31.46 Acres NET" on Record of Survey Map No. 6169; THENCE along the
boundary of said Surve-y as follows: SOUTH 660 57' 24" EAST, 501.61 FEET; NORTH 090 02' 34" EAST, 210.00 FEET and NORTH 84O 02' 26" EAST, 172.00 FEET to the
TRUE POINT OF BEGINNING;:THENCE along the boundary of said Kelly's land as
follows: SOUTH 100 55' 38" WEST, 301.86 FEET to a point in the arc of a
non-tangent 1030.00 foot radius curve, concave SOUTHERLY in the NORTHERLY line
Of that certain 80.00 foot strip described in PARCEL 61571-A in deed to the
COUNTY OF SAN 'DIEGO, RECORDED FEBRUARY 19, 1962 as FILE NO. 28912; EASTERLY
aiong the arc of said curve through a central angle of 02O 30' 12" a distance
Of 45.00 FEET; and NORTHERLY along a direct line to the TRUE POINT OF
BEGINNING.
AND ALSO EXCEPTING THEREFROM that portion, if any, lying within the land
described in deed to RICHARD CARROLL KELLY, RECORDED DECEMBER 26, 1962 as FILE
NO. 219750.
AND ALSO EXCEPTING THEREFROM that portion t!-iereof described in deeds to the
COUNTY OF SAN DIEGO RECORDED NOVEMBER 28, 1969 as FILE NO. 217329 and on
FEBRUARY 19, 1962 as FILE NO. 28922 respectively.
AND ALSO EXCEPTING THEREFROM that certain portion of lot "B" of the Ranch0 AgUa
Hedionda, in the county of San Diego, State of California, according to partion
map thereof no. 823, filed in the Office of the County Recorder of San Diego
-
Carlsbd Resident Association, Inc. and
City ofcarlsbad Contract No. 96-MPROP-($7
I’ngc IO of 10
ATTACHMENT A
LEGAL DESCRlPTION
County November 16, 1896, described as follows:
Beginning at the southeast corner of the Santo Rosa Golf Course, as shown on
the map of record of survey no. 6169, records of San Diego County, Thence north
76O 46' 42" west 104.48 feet to the TRUE POINT OF B&GINNING, Thence from said
TRUE POINT OF BEGINNING, NORTH 76O 46' 42" WEST 20.00 FEET, THENCE NORTH 12O
13' 56" EAST 58.58 FEET, TEEWCE NORTH 8* 45' 04" WEST 58.13 FEET, THENCE NORTH
810 28' 29" WEST 198.77 FEET;TXENCE NORTH 30 29' 44" WEST 297.39 FEET, THENCE
SGWI'E 800 22' 44" EAST 119.31 FEET, THENCE SOUTH 400 27' 49" EAST 130.00 FEET,
THENCE SOUTH 150 57' 54" EAST 236.00 FEET, THENCE SOUTH 20' 02' 01" WEST 106.39
FEET TO THE TRUE POINT OF BEGINNING.
Carlsbad Resident Association and
City of Carlsbad Contract No. 96-MPROP-057
Page 1 of 2
ATTACHMENT B
PROJECT-SPECIFIC PROVISIONS: SUBDIVIDED PROJECT
1. Use of MPROP Funds and Miscellaneous
a. MPROP funds shall be used for loans to low-income residents for the purchase of individual interests
in the Mobilehome Park. To be eligible for a loan, a household must be a resident upon the date of
loan closing, have resided in the Mobilehome Park since March 1,1996, and be the owner of their
mobilehome, possessing the rights of tenancy under the Mobilehome Residency Law, Civil Code
Se&ons748.~sea..
b. Unless otherwise specified, not fewer than 45 days prior to the scheduled close of the appropriate
escrows, all items set forth in this Agreement and all other items necessary for completion of the work
shall be submitted to the Department for review and approval.
C. Individual applications for MPROP assistance shall be on forms provided or approved by the
Department. The loan originator shall adequately document eligibility and suitability of lower income
households for MPROP assistance and comply with all requirements of the Agreement to Originate
Individual Loans.
2. Total Funds Available for Loans: Not to Exceed $532,783
This amount may be reduced based on the final review of the total approved conversion cost and the eligibility
and needs of the individual park residents pursuant to the program requirements. Any Department funds
placed in escrow not necessary to facilitate the transfer of individual interests to MPROP-assisted low-income
residents shall be returned to the Department within 10 days after transfer of individual interests to the
MPROP-assisted residents.
3. Individual Loan Terms
a. Principal ’
Amount:
b.
C.
d.
Term:
Interest Rate:
Payments:
Not to exceed the lesser of:
09 50 percent of the cost of acquiring the resident’s individual interest
-: (including purchase price and closing costs); or
(iii) the difherence between the cost of acquiring the resident’s individual
interest and the maximum amount of private financing that the borrower is
able to obtain, while keeping their housing costs afTordable, as defined in
the MPROP regulations.
The shortest term consistent with affordable housing costs, not to exceed 20 years.
Three percent per year, simple interest.
Periodic payments shall be in the maximum amount consistent with affordable
housing costs, as defined in the program regulations. Ail unpaid principal and
accrued interest is due in full upon sale or transfer.
e. security:
Carlsbad Resident Association and
City of Carlsbad Contract No. 96-MPROP-057
Page2of2
A deed of trust on the borrower’s individual interest in the Mobilehome Park, and a
lien on the borrower’s mobilehome. Such deed of trust and lien may be subordinate to private financing. Any loan provided by a local public agency shall
be secured in a junior lien position.
4. Payment of Funds
The Department shall release funds to an escrow depository mutually agreed upon by the parties to this
. Agreement, for deposit into an interest-bearing escrow account in accordance with the escrow instructions
provided by the Department for loan closing.
5. Time Schedule
All conditions precedent to closing and funding individual loans must be satisfied to the Department’s
satisfaction no later than September 30,1997, or such other date set forth in writing by the Department If such
conditions are not satisfied by this date, the Department may disencumber all unexpended funds in accordance
with paragraph 10 of this Agreement.
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September 4, 1997
TO: CITY CLERK’S OFFICE
KATHLEEN SHOUP
FROM: HOUSING AND REDEVELOPMENT
DEBBIE FOUNTAIN
EXECUTED COPY OF STANDARD AGREEMENT FOR RANCH0 CARLSBAD
MOBILE HOME PARK MPROP FUNDS
Per our telephone conversation, attached for your records is a copy of the final executed
copy of the agreement between the City of Carlsbad, the Ranch0 Carlsbad Resident
Association and the State of California for MPROP funds. This agreement was approved
by the City Council on August 5, 1997 by Resolution No. 97-562.
The agreement with original signatures will remain in the Housing and Redevelopment
Department for future reference purposes. If you have any questions regarding this
agreement, please contact my office or Craig Ruiz.