HomeMy WebLinkAboutStabile, Ben; 1981-01-01;RECORDING REQUESTED 6Y: ) * ASSESSQR PARCEL No.: 206-020-31
;. ‘-
WHEN RECORDED MAIL TO: 1 City of Carlsbad 1200 Elm Ave. : ' .
Carlsbad, CA 92008 '1
AI-I-N : 1 1
City Clerk . 1 SPACE ABOVE FOR RECORDER’S USE ,
AGREEMENT IMPOSING RESTRICTIONS
ON REAL PROPERTY
THIS AGREEMENT IS MADE BY AND ‘BETWEEN THE SAN DLEGO COAST REGIONAL
COMMISSiON (HEREINAFTER “REGIONAL COMMISSION”), THE CITY OF CARLSBAD
HOUS ING AND REDE JELbPMENT DEPARTMENT (HERE INAFTER rlC~~~d ISS ION“) AND m
BEN STABILE (HEREINAFTER 1’D~~~~~~~~41), AS OF THIS
DAY OF , 1981.
WHEREAS, DEVELOPER IS THE OWNER OF PROPERTY LOCATED AT THE SOUTH
SIDE OF TAMARACK. AVENUE, BETWEEN GARFIELP STREET AND THE AT&SF RAILROADS
UPON WHICH A SINGLE FAMILY RESIDENCE WILL BE DEMOLISHED AND THREE
%-STORY BUILDINGS CONTAINING 10 UNITS WILL BE CONSTRUCTED; AND
WHEREAS, PURSUANT TO THE CALIFORNIA COASTAL ACT OF 1976 (PUBLIC
RESOURCES CODE 30000 ET SEQ.), DEVELOPER HAS SOUGHT IN CONTROL No.‘F7574
. - A PERMIT FOR THE SAID CONVERSION; AND .
WHEREAS, THE REGIONAL COMMISSION HAS DETERMINED TO ISSUE A PERMIT
FOR THIS DEVELOPMENT SUBJECT TO CONDITIONS WHICH ARE IMPOSED FOR THE
BENEFIT OF THE PUBLIC AND SURROUNDING LANDOWNERS, AND WITHOUT AGREEMENT e
.TO WHICH BY DEVELOPER, NO PERMIT COULD BE ISSUED; AND .
I l
WHEREAS, COMMISSION HAS BEEN REQUESTED BY DEVELOPER, THE CALIFORNIA
j COASTAL COMMISSION (HEREINAFTER “COASTAL COMMISSIONS:), THE REGIONAL
I
I . COMMISSION IN CONTROL No. F7574 AND CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT (HEREINAFTER ?IEPARTMENT*‘) TO ADMINISTER
THE AFFORDABILITY PROGRAM PROVIDED IN THIS AGREEMENT;
i’d(xJ THEREFORE, IN CONSIDERATION OF THE :SSUANCE OF THE DEVELOPMENT
PERMIT AND OF THE BENEFIT CONFERRED THEREBY.ON THE SUBJECT PROPERTYc
DEVELOPER HEREBY COVENANTS AND AGREES WITH THE REGIONAL COMMISSION AND c
THE COMtiISSION TO THE FOLLOWING TERMS, CONDITIONS AN5 RESTRICTIONS UPON
a * THE POSSESSION, USE AND ENJOYMENT.OF THE SUBJECT PROPERTY, WHICH TERMS8
CONDITIONS AND RESTRICTIONS SHALL BE ATTACHED TO AND BECOME A PART OF
THE DEED TO THE PROPERTY,,
A. DEVELOPER AGREES AS FOLLOWS:
11) To RENT ONE (11 RENTAL UNIT (HEREINAFTER “AFFORDABLE
UNIT*:), TO PERSON(S) EARNING NOT MORE THAN EIGHTY PERCENT (80%) OF
THE CURRENT ANNUAL MEDIAN INCOME FOR THE SAN DIEGO METROPOLITAN STA-
T ISTICAL AREA, AS DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD”), AS ADJUSTED .FOR FAMILY SIZE=
(2) To RENT THE AFFORDABLE UNIT:
(A) AT A MONTHLY RENTAL RATE EQUAL TO NOT MORE THAN
TWENTY-FIVE PERCENT (25%) OF THE GROSS MONTHiY INCOME OF A PERSON
EARNING EIGHTY PERCENT (80%) OF THE CURRENT ANNUAL MEDIAN INCOME FOR
THE SAN D IEGO METROPOLITAN STATISTICAL AREA, AS DEFINED BY HUD, AS
ADJUSTED FOR FAMILY SIZE; OR *
.
. (2) . .
I . . a,
! ’
--c
(B) .,I- A MONTHLY RENTAL RATE EQUAL J.THE CURRENT FAIR
MARKET RENT FOR exxsTfNG HOUSING ESTABLISHED BY HUD UNDER SECTION 8 OF
THE HOUSING ACT OF 1927 ( u,s.c, : 1; PROVIDED, HOWEVER, SAID RATE
SHALL APPLY ONLY IN THE EVENT THE COMMISSION REFERS A PERSON TO THE
DEVELOPER PURSUANT TO PARAGRAPH B HEREOF AND ONLY WHILE SUCH PERSON ES
RECEIVING BENEFITS UNDER~SAID HOUSING ACT PURSUANT TO PARAGRAPH B
HEREOF.
(3) To NOTIFY THE C,PMMISSION~IN WRITING OF RENTAL VACANCIES
OF THE AFFORDABLE UNITY .
(4) To RENT THE AFFORDABLE UNIT TO PERSONS REFERRED BY
THE COMMISSION, SUBJECT TO DEVELOPER APPROVING SAID PERSON(S)’ QUALI-
FICATIONS TO RENT THE AFFORDABLE UNIT INCLUDING BUT NOT LIMITED TO THE
.ABILITY AND HISTORY OF TIMELY PAYMENT OF RENT, ABILITY AND HISTORY OF
MAINTAINING PROPERTYj WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELDo
.
(5) To RENT THE AFFORDABLE UNIT PURSUANT TO THE TERMS AND
CONDITIONS OF THE FORM OF LEASE ATTACHED HERETO AS EXHIBIT B.
.
B. COMMISSION AGREES AS FOLLOWS: l _ s
To REFER PERSONS TO THE DEVELOPER FOR THE AFFORDABLE UNIT WHO
QUALIFY FOR THE BENEFITS UNDER SECTION 8 OF THE HOUSING ACT OF 1937,
.
C, GENERAL TERMS AND CONDITIONS: .
I
(1) IN THE EVENT OF ANY .CONTROVERSY, CLAIM OR DISPUTE BE-
TWEEN THE PARTIES HERETO, ARISING dUT OF OR-RELATING TO THIS AGREEMENT OR
BREACH THEREOF, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM
THE LOSING PARTY REASONABLE E);PENSES, ATTORNEYS’ FEES AND COSTS.
(3)
I 5 . ” j (2) cot- SSION MAY ASSIGN ALL OR PART THIS AGREEMENT TO
‘ANY OTHER PUBLIC AGENCY UPON THIRTY (30) DAYS’ WRITTEN NOTICE TO THE
DEVELOPERS . ,
(3) IN THE EVENT ANY LIMITATION, CONDITION, RESTRICTION, . .
COVENANT OR PROVISION CONTAINED IN THIS AGREEMENT IS TO BE HELD INVALID, .
VOID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, THE RE-
MAINING PORTIONS OF THIS AGREEMENT SHALL, NEVERTHELESS, BE AND REMAIN
IN FULL FORCE AND EFFECT.
* . . .
(4) ALL NOTICES REQUIRED UNDER THIS-AGREEMENT SHALL BE SENT
BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED, TO THE FOLLOWING ADDRESSES:
To REGIONAL COMMISSION: SAN DIEGO COAST REGIONAL COMMISSION
6154 MISSION GORGE ROAD, SUITE 220
SAN DIEGO, CALIFORNIA 92120
To COMMISSION: CARLSBAD HOUSING & REDEVELOPMENT DEPT I 3096 HARDING STREET
CARLSBAD, CALIFORNIA 92008 -
To DEVELOPER: BEN STABILE
6116 CAMINO LARGO
SAN DIEGO, CALIFORNIA 92720
To COASTAL COMMISSION: CALIFORNIA COASTAL COMMISSION
631 HOWARD STREET .
SAN FRANCISCO, CALIFORNIA 94105
To DEPARTMENT: CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
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 A8OVE a
(51 As BETWEEN COMMISSION AND DEVELOPER, DEVELOPER IS DEEMED
TO ASSUME RESPONSIBILITY AND LIABILITY FOR, AND DEVELOPER SHALL XNDEMNIFY
(4)
,
‘., AND HOLD HARMLESS CONMISSION AND ANY AND ALL OF ITS OFFICERS, AGENTS, .
SERVANTS OR EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE,
CHARGE OR EXPENSE, WHETHER DIRECT OR INDIRECT, .To WHICH COMMISSION OR
SUCH OFFICERS, AGENTS, SERVANTS OR EMPLOYEES MAY BE PUT OR SUBJECTED, -
BY REASON OF ANY DAMAGE, LOSS OR INJURY OF ANY KIND OR NATURE WHATEVER -
TO PERSONS OR PROPERTY (=AUSED BY OR RESULTING FROM OR IN CONNECTION WITH
ANY.NEGLIGENT ACT OR ACTION, OR ANY NEGLECT, OMISSIOti OR FAILURE To
ACT WHEN UNDER A DUTY TO ACT, ON THE PART OF DEVELOPER OR ANY OF HIS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR ‘SUBCONTRACTORS IN HIS OR’ THEIR
. PERFORMANCE HEREUNOERo * .
(6) THE COVENANTS AND CONDITIONS HEREIN CONTAINED SHALL
APPLY TO AND BIND THE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE PARTIES
HERETO.
(7) IN THE EVENT THE STANDARDS FOR ESTABLISHING THE MONTHLY
RENTAL RATE OF THE AFFORDABLE UNIT SET FORTH IN SUBPARAGRAPHS A. (PI AND
(B) ABOVE CEASE TO EXIST, THE PARTIES SHALL SUBSTITUTE A SIMILAR STANDARD
ESTABLISHED BY HUD OR ITS SUCCESSOR GOVERNMENTAL AGENCY* IF THE PARTIES .
ARE UNABLE TO AGREE UPON A SUBSTITUTE STANDARD, THE PARTIES SHALL REFER
THE CHOICE OF THE SUBSTITUTE STANPARD TO BINDING ARBITRATION LN ACCORDANCE
WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
(81 THE COMMISSION SHALL HAVE THE RIGHT TO TERMINATE ITS
OBLIGATIONS UNDER THIS AGREEMENT PRIOR TO THE DATE OF TERMINATION
HEREINAFTER SET FORTH, BY PROVIDING NOT LESS THAN SIX (6) MONTHS’ PRIOR
WRITTEN NOTICE TO DEVELOPER, THE COASTAL COMMISSION, THE REGIONAL COM-
MISSION AND THE DEPARTMENT. FOR PURPOSES OF THIS AGREEMENT, EACH OF
. (5)
. t THE SAID AGENCIES IS HEREBY DEEMED A REPRESENTATIVE OF’THE CLASS OF PER-
SONS TO BE BENEFITED UNDER THIS.AGREEMENT , AND IS FURTHER DEEMED TO BE
A THIRD PARTY BENEFICIARY OF THIS AGREEMENT.
(9) DEVELOPER AGREES NOT To DISCRIMINATE AGAINST ANY LESSEE
OR POTENTIAL LESSEE BECAUSE OF RACE, COLOR, RELIGION, SEX OR NATIONAL
ORIGIN. DEVELOPER FURTHER AGREES TO TAKE AFFIRMATIVE ACTION TO ENSURE
THAT NO SUCH PERSON IS DISCRIMINATED AGAINST-FOR ANY OF THE AFOREMENTIONEO
’ I REASONS I
(lo)- VIOLATION OF THIS AGREEMENT MAY BE ENJOINED, ABATED OR
REMEDIED BY APPROPRIATE LEGAL PROCEEDINGS BY COMMISSION, REGIONAL COM-
MISSION, COASTAL COMMISSION AND/OR DEPARTMENT ok THEIR RESPECTIVE suc-
CESSORS, HEIRS AND ASSIGNS. DAMAGES AT LAW FOR ANY SUCH VIOLATION ARE
HEREBY DECLARED TO BE INADEQUATE.
(17) 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. ’
(12) ALL QUESTIONS PERTAINING TO THE VALIDITY AND INTER-
PRETATION OF THIS AGREEMENT SHALL BE DETERMINED IN ACCORDANCE WITH
THE LAWS OF CALIFORNIA APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED
WITHIN THE STATE.
. D. TERMINATION:
THIS AGREEMENT SHALL TERMINATE,AND BECOME NULL AND VOID THIRTY (301
YEARS FROM THE DATE OF RECORDATION HEREOF UNLESS‘EARLIER TERMINATED
(61
2 PURSUANT To THE PRpVISIONS OF SUBPARAGRAPHS C, (8) AND/OR (11) ABOVE.
. IN WITNESS WHEREOF THE PARTIES,HERETO HAVE CAUSED THEi AGREE&lENT TO
BE ENTERED INTO AS OF THE DAY AND YEAR FIRST ABOirE WRITTEN. I
.
SAN ‘DIEGO COAST REGIONAL COYiMISS~ON
. .
BY:
.
CARLSBAil HOUSING AND REDEVELOPGENT -i .
.
.
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(7) - . .
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