HomeMy WebLinkAbout1997-08-05; City Council; 14300; Rancho Carlsbad Mobilehome Park Conversionf i
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dTY OF CARLSBAD - AGENh BILL
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VITG. if-g- 97 RANCH0 CARLSBAD MOBILEHOME
PARK CONVERSION
IEPT. H/RED fLl,s 96-8
RECOMMENDED ACTION:
DEPT. HD. \‘ r
That the City Council 1) authorize the City Manager to, subject to City Attorney approval, execute Contract 96-
MPROP-057 between the City of Carlsbad and the California Department of Housing and Community
Development to allow the City and the Carlsbad Residents Association to receive MPROP funding; and 2)
authorize the expenditure of an amount not to exceed $446,408 from the Housing Trust Fund to assist lower
income households to purchase individual spaces within the Ranch0 Carlsbad Mobilehome Park. 8 y f$PopTt~~ ot= fi~Obt~&d No* cf7-Sbx Tti&
ITEM EXPLANATION:
On February 20, 1996, the City Council adopted Resolution No. 96-67 regarding the Ranch0 Carlsbad
Mobilehome Park conversion. The resolution contained three primary provisions. First, the resolution
authorized the City to submit, as co-applicant with the Carlsbad Residents Association (CRA), a loan
application to the California Department of Housing and Community Development (HCD) for Mobilehome Park
Resident Ownership Program (MPROP) funding. Second, the City Attorney was authorized to request
amendments in the standard HCD Contract (Contract). Third, the resolution stated the Council would consider
providing assistance up to a maximum amount of $200,000 to assist lower income residents in the purchase of
individual mobilehome spaces. Subsequent to the February 20th meeting, the CRA has received a commitment
of $532,000 in MPRQP funding.
In August of 1996, the loan application was submitted which included modifications to the standard Contract by
the City. The modifications included revising the “obligations” stated in the Contract to require only the City’s
“best efforts” to meet the specified responsibilities. In October of 1996, the legal counsel for HCD stated that
they would not agree to the City’s suggested amendment. Counsel determined that the Contract reflects the
language contained in State law {Title 25 California Code of Regulations, Section 80118(b)} and they could
therefore not agree to an amendment contrary to the requirements of the regulations.
To proceed as co-applicant and receive the MPROP funding, the City Council will need to direct the City
Manager to sign the standard HCD Contract. However, the requirements contained in the Contract may result
in significant impacts to the City, particularly in staff time devoted to the ongoing monitoring of the loans
provided both by the City and the State. These City requirements are discussed below.
The HCD Contract contains a section entitled “Obligations of the Local Entity” (Exhibit 2, Page 4 of 15,
handwritten page 10) The first obligation requires the Local Entity (City) to fulfil1 all the obligations prescribed in
Title 25 California Code of Regulations, Section 8018 (Exhibit 3). This includes providing all certifications such
as determining the project to be consistent with local zoning, land use and general plan policies. These items
were completed during the initial application process and should require no further City action.
Next, the HCD Contract has two requirements requiring the City to administer any relocation or displacement
effort required by Federal, State and local laws. Previously, the CRA submitted what appears to be an
acceptable Anti-Displacement Plan to the City (Exhibit 4). The plan states that there shall be no displacement
as a result of the conversion of the mobilehome park and existing renters will continue to be able to rent their
properties at substantially the same terms and conditions that currently exists. City staff has required language
in the Anti-Displacement Plan to state that, in the event of tenant displacement, the CRA shall be responsible
for all related costs. Thus, it appears that the displacement issues have been resolved.
v PAGE 2 OF AGENDA BILL Iii. / yi 300
The final obligation of the Contract (Exhibit 2, Page 4 of 15, #c4) will have the most impact on the City. The
Contract requires the City to provide continuing monitoring of the CRA and/or individual borrowers as required
by the Contract and Title 25 California Code of Regulations, Section 8030 (Exhibit 5). Further, the Contract
requires the City to 1) to verify compliance with the terms and conditions of contracts and agreements; 2) to
ensure the success of the project; and 3) to protect the security of program.
In a letter from the attorney representing the CRA (Exhibit 6), she states that, based upon her experience, the
City should hire a consultant to provide the on-going program monitoring responsibilities. Specifically, the
duties of the consultant would include loan origination and the underwriting of each individual resident borrower
for compliance with the program and assisting the resident borrowers in providing tax returns, Social Security
Award letters, etc. It is staffs opinion that it will be necessary to retain the services of a consultant to perform
these tasks.
In addition to acting as co-applicant, the CRA is also requesting up to a maximum of $446,408 from the City to
assist 43 lower income residents in the purchase of their individual mobile home spaces. Previously, the CRA
requested City assistance in the amount not to exceed $200,000. This previous request was based upon
estimates without the benefit of pre-qualifications of the individual applicants. The increased funding request is
now based upon pre-qualifications having been performed and that the CRA has received less than anticipated
MPROP funding.
Previously, the Council approved financial assistance for two for-sale affordable housing projects. The Council
authorized $10,800 per unit for the SAMBI project and up to $20,000 in the form of a second trust deed through
the Carlsbad Homebuyer Assistance Program (CHAP). Thus, staff supports the request of $10,380 per unit
based upon previous Council actions.
The proposed assistance will be in the form of a deferred non interest accruing second trust deed that will be
due upon sale of the individual property. The request is consistent with the Housing Element goals and
policies related to the retention of affordable mobile homes stock. Further, the Housing Trust Fund has an
existing unreserved balance of $2.3 million and would not be significantly impacted by this expenditure.
Therefore, staff recommends that the Council approve the financial assistance request.
FISCAL IMPACT:
The approval of this item will result in two potential fiscal impacts. Previously, the Carlsbad Residents
Association requested, and the Council agreed to consider the expenditure of up to $200,000 to assist low
income residents purchase individual spaces in the mobilehome park. The present request of $446,408 in
funding assistance is currently available in the City’s Housing Trust Fund.
Second, as stated above, it is staffs recommendation that a consultant be retained to perform the loan
origination and underwriting functions. While staff has not determined the exact cost of the consultant service,
it is anticipated that the cost would be approximately $300 to $500 per loan for a potential total cost of $23,000.
EXHIBITS:
1. City Council Resolution No. 9 7-56 d , approving execution of required contracts and financial
assistance for Ranch0 Carlsbad Mobilehome Park.
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California Department of Housing and Community Development Contract 96-MPROP-057
Title 25 California Code of Regulations, Section 8018
4. Carlsbad Residents Association Anti-Displacement Plan
5. Title 25 California Code of Regulations, Section 8030
6. Letter from Sue Loftin dated May 15, 1997, outlining City obligations as related to MPROP application.
7. Letter from Sue Loftin, dated July 29, 1997, requesting additional financial assistance. *iytd Co**C4- Ad(CACd bberr,
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CITY COUNCIL RESOLUTION NO. 97-562
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT 96-MPROP-057
BETWEEN THE CITY OF CARLSBAD AND THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT TO ALLOW THE CITY AND THE CARLSBAD
RESIDENTS ASSOCIATION TO RECEIVE MPROP FUNDING;
AND TO AUTHORIZE THE EXPENDITURE OF AN AMOUNT
NOT TO EXCEED $446,408 FROM THE CITY’S HOUSING
TRUST FUND TO ASSIST LOWER INCOME HOUSEHOLDS
TO PURCHASE INDIVIDUAL SPACES WITHIN THE RANCH0
CARLSBAD MOBILEHOME
WHEREAS, the City of Carlsbad and the Carlsbad Residents Association
previously applied to the California Department of Housing and Community
Development (HCD) for Mobilehome Park Resident Ownership Program (MPROP)
funding; and
WHEREAS, the City of Carlsbad and the Carlsbad Residents Association
have received approximately $532,000 in MPROP funding; and
WHEREAS, City of Carlsbad is required as a condition of funding to
execute Contract 96-MPROP-057 between the City of Carlsbad and the California
Department of Housing and Community Development; and
WHEREAS, the Carlsbad Residents Association expressed a need to receive
financial assistance in the amount up to $446,406 from the City of Carlsbad Housing
Trust Fund for the purpose of assisting lower income households in purchasing
individual mobilehome sites located within the Ranch0 Carlsbad Mobilehome Park;
and
WHEREAS, financial assistance for the acquisition of individual
mobilehome spaces is consistent with the General Plan Housing Element and will
allow for the preservation of existing affordable mobilehome spaces; and
WHEREAS, on February 20, 1996, the City Council for the City of
Carlsbad adopted Resolution No. 96-67 whereby the Council agreed to consider
providing assistance to lower income residents in the purchase of individual
mobilehome spaces.
WHEREAS, the Planning Director has determined that financial assistance for
the conversion of a rental mobilehome park to condominium ownership is exempt
from environmental review pursuant to Section 21060.6 of the California Public
Resource Code (CEQA).
. . .
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
~ City of Carlsbad, California, as follows:
1. The above recitations are true and correct.
2. The City Council hereby AUTHORIZES the Finance Director to appropriate
$446,408 from the City of Carlsbad’s Housing Trust Fund for the purpose of
providing non interest bearing deferred second trust deed loans in the amount not to
exceed $446,408 to Residents within the Ranch0 Carlsbad Mobilehome Park
Association to assist lower income households in the acquisition of individual
mobilehome spaces located within the Ranch0 Carlsbad Mobilehome Park.
3. The City Council hereby AUTHORIZES the City Manager or his designee to
execute Contract 96-MPROP-057 between the City of Carlsbad and the California
Department of Housing and Community Development and to execute such
documents, or take other actions as may be necessary or appropriate to allow the
City and the Carlsbad Residents Association to receive MPROP funding and to
’ assist lower income households in the acquisition of individual mobilehome spaces
located within the Ranch0 Carlsbad Mobilehome Park.
General Conditions:
1. Financial assistance in an amount not to exceed $446,408 from the City of
Carlsbad Housing Trust Fund will be made available as a non interest bearing
deferred second trust loan. The maximum loan amount per individual borrower will
be determined by the need of the individual borrower based upon the ability to
secure funding from the MPROP funds and private conventional financing. The City
loan will be secured by a Deed of Trust and Promissory Note for the property on
behalf of the City of Carlsbad.
2. Repayment of any and all of the loan principal will be required upon the
date of sale, transfer or refinance of the property.
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3. City funds shall be used for loans to low-income residents for the purchase of
individual interests in the Ranch0 Carlsbad Mobilehome Park. To be eligible for a
loan, a household must be a low-income resident as defined by the MPROP
regulations, 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
Sections 748. et seq..
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 5’h day of August,l997, by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Ha
NOES: None
ABSENT: None
ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk
(SEW
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OCT-91-1996 14:17 EXHIBIT 3 !K H-a mD UNDERM? I T ING TO 91619SJS9381 P.03
ke Ts I Depxtmeut of Hodsing and Commaairy Dereloptkcnt Rogranzs 8 8020
CompluncntJ l-1 prugi”J or
lpoflowmdandmodcrarcincwc
lh projaLbylhe I=kims. lccai
of lhe whole pTDja& indudig cht ftcUs
enship to reasonable merkct rents. the
mzmbcr of Iow-komc reridsnb;. ta yhich the p+ec~ has tlu lcvrest yotriblc costr given
mails and bcpl ma&t mnditions;
edwill scceivc bclm &a&t tinanc-
lhc vdue of zdminirlrrtive funaionr
~traS&fion8018@.Th~depm-
, Huhb md Safeiny Code.
of ProJeCta and Commitment of Funds.
shdl rtiew &dkatiow for loan wmmitnKclu md
md of the date and time that tbe
chc SO405(n) md 10786(r). H~ikh md s+tay Cc& %?4OSf:md X786. HaI& and S&y Codt.
I complcmcnu Iced houkg pro-s;
0~~~.a~vsywufondu&cd~d~o(fi0ll~f~n)e~dr:Of~ tbc rctidcnu cuppar the projecr u pfopos4
(4) lhal¶~rorcmhdr conceting.rhc poLomiaI dirpl~cmcn~ ofn$&nu
erx 8aurale 8nd thy the plans fcf rinin+* dis&eamt:md &ips(-
ins b cffwt upon +idenrs an fedbk: and
(51 that the loc+public entity has co* to p&Xc the fi&d and other auirtarrcc specified in Ihc rppl+tion. ;
(c) Local public entities, as co+pp&.zz fortoar; bo&nitmcna. shd
be mponsibk for the following implemc~otjon fu$tii. sit&l proride htione ta the dcpa&ncot that theta ~quirementt hoi been sptie-
fd and shdl bc sckly auponcitdc for my ~cs bakd upon the mtcnt of these apifiatione:
(l).dminirtraticlndfsr.y~~rti~or~plrccmc~\trrritig~o~c~ortT
tquiredbyfe6m~nntcorloadkwsz ’ : (2, enforcing Lhc rqUi~enlc of se&n s0786 @I) of t$c code and
(3) monilaing pjcus pursuard lo s+tial8030i
(4 tnthe 8bKnce of independent evbxx whii taldsto~ inasubswtiwlmrriner~artificori~s~byt~lallpublic~ntity. UN dcptutmeut shrll acapc the a&iutionr. If &beta&l evidence
ddhging the ccrtifiution is provided to the de* tho dcpan-
meat thd accept the hforiouion urd m*y either infprmnlly investigate or hold 8 btariag p&r to dctennikg the wlidiy of the catification.
(cl ‘The MN of pafaming the ftnef.im epmficd in subsdon (c)
miyberrim~torhcloFalpnblissncit~ufollo~~or(hcvalw-ofper- formingthcx functiorttrmybei~l~ir8Ia4~,ntdbudaaprrswnt
to Seaion 8012&)(14).
(1) Fcxfuxtions epcdficd in eobsd~r (cX! 1 r;ld (c)@),cmts may boconsidered conntrion costs and indudcd W~N$J cPa~Iuing loan
8moull~. (2) Fmfunction~ Ipscificd in §ion (~X3).~atmaybccorcrcdybc~~crcd
in 8 ken OI@I&X and s&&g agrceimmt pm&t to Section 8024. (3)For~yofrhe~tpcrifiadindreaarudc~ond~nmcnts~
swam 10 sation m wsb my be l&wned es idminitpativc costs.
Nom Aurhorieg~Sccdoar50005(a)rdi0186(a),H:r~tnd se&y Code.
Rrfcrcna: scaiom w4oh w406.2 &d W78k Hearth a$d say code.
L 6020. LPispfac+wnt and Re~On. :!
(a)The project shall ensure that nc &Icn~ is h~$unbriIy disploccd
from the prujwl WihoUl proper ndcr. lrrsinanct at+ w4pmsation. A
reridentwhoisoffekd ~opprtunity’~ttrneinind;r:ppr):8.fttt~~n- version #uoogb contiaunrion of the mancy at gc&y tk same terms as cxisccd prior to c’onversion, shill not bc wasidc$d invoIuntaril~ dis-
p&d.
(h) In all situations whcrc a rcsidcot tray be inv$unurily dirpiti. the following sJla!l~p&zly:
(I) lk project sh9 corn& virh the Mobikh& Ruidtncy Law,
swtim 798, et. seq., 3f z.hc civn Cod:.
(2) Wherc~~~irconveacdpPruMttothCS~~~SMn~p Act. Division 2 of Tide 7 of tbc Govcrnmcai COdC. thC ~J~~.tfd~ mI@y
with Section 66427.4~0f tk cfovauntnt ,code,
(3) Where Ihe park ir canvmtd to a limit&cc&y housing coopcn- tivc pursuartt lo sexion 33007.5 of kc mde. the $cject shall co3lply
Mh’Scctica 65861.7 of the GovcmxntSkdc. I
(4) Wha applicable, the project dran pxkdc assistance and pay- mc115 wmirtcrnt with the ~pirctiti 6f the R&~ati00 AcC sC&Ofl
~60,e;scq,~theGa~mcnc~~rh~rrl~onguidelin~con- tabed in Chapte 6 (cn~~,encing airh Section 6ooo) of l%t I of this
TUC. (5)~heprojectsd~lco~ply~~otbsrrqplicob;Ic~cdcrr1.a~k~d loed ordincnca. lawr orr@atioar a&h have rqpirtmtdn in tx*SS
of chose of tbjs xctiorr.
NOT! Au&c&y cited: Sccticms 50406;.n)md ~0786~~).H~*lth~Rd S&W C&. fkfcrmcc: sdtiau)3o375. so.%. ms~(b)+dso%WW),HnhbuldS~~- ~JC&IC~~~ 798, n ceg.. civil ccdc: scctkm 726O;rr atq,65~$3-’ e
Code. ’ tnmcul Code and Staim 6oo0, ,tt uq.. Tide 25. Admtmst-~ve
’
TOTAL P. 03
EXHIBIT 4
T IMPACT REPORT
l-l COI JNTRY Cl .UB ESTATES
October 17. 1996
1. Purpose of this Ten-
This Tenant Impact Report (TIR) is being prepared pursuant to Section 66427.5 of
the Subdivision Map Act. Whenever a mobilehome park is converted to another use, the
Subdivision Map Act, found in the California Government Code, requires the entity
which is converting the park to file a report on the impact that the conversion to another
use will have on the residents of the park. For the purposes of this TIR, the term
“resident” will mean registered homeowner.
“Conversion to another use,” typically, means closure of the park in connection
with preparing the property for a use other than for mobilehomes, To accomplish the
park closure as a condition prior to constructing new and different facilities, the residents
must move their homes and themselves from the park. While conversion of a rental
mobilehome park to a resident-owned mobilehome park is legally classified as a “change
of use” under California law, a more accurate description of what occurs would be a
change of method of ownership. Ranch0 Carlsbad is not being closed, and its
residents are not being asked to vacate the property; rather, residents are being
offered the choice of acquiring fee title to their individual spaces, or of continuing to
rent their spaces under substantially the same terms as they have in the past. The
main purpose of this TIR, therefore, is to show that the residents of Ranch0
Carlsbad will not be adversely affected by the conversion and subdivision of the
Park, and that the conversion will result in neither the actual nor economic
displacement of Park residents,
1 2.
7 1 Cumt -xqlamy
As of February 20, 1996, 193 resident households have tenancies in the park that
are controlled by written rental agreements or leases having remaining terms of more than
one month. All of these leases were entered into prior to October 1, 1995 (the date that
the Park began distributing written disclosures to prospective tenants advising that the
Park was in the process of being subdivided). In addition, 278 resident households have
month-to-month tenancies in the Park that are controlled by written or unwritten rental
agreements, or that were created by a “hold-over” from earlier lease agreements. Of
these, 10 resident households (“new residents”) first purchased their homes on or after
October 1, 1995.
Ranch0 Carlsbad residents have tenancy rights as set forth in their existing leases
or rental agreements; there are currently four different variations of leases or rental
agreements in Ranch0 Carlsbad, examples of which are attached as Exhibit A. Residents also have tenancy rights as contained in California Civil Code 798 et. seq. (the
Mobilehome Residency Law), other applicable California statutory and case law, and
local ordinances of the City of Carlsbad.
3. I - Owners lQhHJ.pon Conversion
The Park owner, pursuant to the Government Code and the Mobilehome ’
Residency Law, has the right to terminate existing tenancies and require residents to
vacate the property so that the land may be used for other purposes. Through this TIR,
however, the Park owner formally waives the right to terminate any tenancies or require
that residents vacate the property due to its change of use. Despite the conversion of
Ranch0 Carlsbad to resident ownership, all residents will have the option of continuing
to rent their spaces under existing leases or rental agreements or under new leases to
be offered by the Park owner (see 4.2 below).
on&s&&
4.1 No Acts
Ranch0 Carlsbad’s owner, the Tenant in Common Group, has specifically waived
its right to require that all residents vacate the property as part of the conversion to
another use. Furthermore, the Park owner will not require that existing residents
purchase their spaces as a condition of remaining in the park (see Section 3 above).
Therefore, there will be no actual eviction or displacement of any resident by reason of
the Parks conversion to resident ownership.
. . 4 3 Uses: No EC=
Government Code Section 66427.5, as well as the State of California’s
Mobilehome Park Resident Ownership Program (MPROP), mandates that the subdivider
of a mobilehome park offer certain rent protections to residents who choose not to
purchase their spaces. The specific nature of these protections depends upon whether a
particular resident is “lower income” or “non-lower income” as defined by the Health and
Safety Code; it also depends upon whether the resident was already living in the Park
prior to the beginning of the Park purchase negotiations. Note that the beginning of the
conversion effort for Ranch0 Carlsbad (the “Conversion Initiation Date”) is, for the
purposes of this TIR, taken to be September 29, 1994 (the date of the first written and
accepted offer to purchase the Park from the Bankruptcy Trustee, attached here as Exhibit
W Based on these two distinctions, the Government Code and MPROP identify three
different groups of homeowners, each with its own level of mandated rent protection. For
Ranch0 Carlsbad, these three groups and corresponding rent protections are as follows:
Group 1: New Resider&
(a) Definition: All residents who have purchased their homes after
the “Conversion Initiation Date,” and who have been provided with written notice that the
Park is in the process of conversion. For Ranch0 Carlsbad, the Conversion Initiation
Date has been determined to be September 29, 1994; however, written “Notice to
Prospective Tenants” disclosures (attached as Exhibit C) were not given out until October
1, 1995. Residents who were new to the Park on or after October 1, 1995 therefore
comprise the first class of homeowner.
(W Benefits Residents in this group do not qualify for special rent
treatment; however, like all Park residents, a member of this group has the choice of
either purchasing his or her space or of continuing to rent that space under the rental
agreement he or she already has in place.
Group 2: Non-Lower I-
(a) nefinition: All residents who have owned homes in the Park since
at least October 1, 1995 but who do not qualify as “lower-income” according to Health
and Safety Code Section 50079.5 (or who are lower-income, but do not occupy their
home as their principal residence at the date of issuance of the Public Report).
(W Benefits The Subdivision Map Act, Section 66427.5 (d)l,
provides that rents for non-purchasing, non-lower income residents “may increase from
the preconversion rent to market levels, as defined in an appraisal conducted in
accordance with nationally recognized professional appraisal standards, in equal annual
increases over a four year period,” However, in the case of Ranch0 Carlsbad, the Park is
waiving its right to ask for “increases to market” other than usual increases based on CPI
changes. Since the Conversion Initiation Date, Group 2 residents have received annual
CPI increases of 2.6% in January 1995 and 1.3% in January 1996. To insure that non-
purchasing Group 2 residents continue to receive CPI rent protections throughout the
remainder of the mandated four-year benefit term (to December 3 1, 1998), a special
“Conversion Lease” will be offered, at the time the Public Report is issued, that
formalizes these protections (attached as Exhibit D). Each non-purchasing Group 2
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resident will have a choice of either accepting this Conversion Lease, or of continuing to
reside in the Park under the terms of his or her existing lease or rental agreement. .
D 3: J,ower-Income
(a) Definition: All residents who have owned homes in Ranch0
Carlsbad since prior to October 1, 1995 and who occupy these homes as their principal
residences as of the date of issuance of the Public Report, and who qualify as “lower
income” according to Health and Safety Code Section 50079.5 on the date of issuance of
the Public Report. Note that normally a homeowner would need to be living in the park
prior to the Conversion Initiation Date to receive Group 3 benefits; however, since
“Notice to Prospective Tenant” disclosures were not given out prior to October 1, 1995,
that later date will be used to establish Group 3 eligibility. Note also that to qualify for
Group 3 benefits, a resident would normally need to be certified as lower-income at the
Conversion Initiation Date, and annually thereafter. However, the Park has waived its
right to certify residents as lower-income as of the Conversion Initiation Date, and instead
will document incomes of Group 3 residents at the time that the Department of Real ’
Estate’s Public Report is issued and lots are first offered for sale.
(W EIenefits The Subdivision Map Act, Section 66427.5 (d)2 states,
“As to non-purchasing residents who are lower income households, as defined in Section
50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or
charges for use of any preconversion amenities, may increase from the preconversion rent
by an amount equal to the average monthly increase in rent in the four years immediately
preceding the conversion, except that in no event shall the monthly rent be increased by
an amount greater than the average monthly percentage increase in the consumer Price
Index for the most recently reported period.” In the case of Ranch0 Carlsbad, all Park
rents were increased 5.8% on January I, 1991,4.2% on January 1, 1992, 3.4% on January
1, 1993, and 2.3% on January 1, 1994; this corresponds to an average annually
compounded rate of 3.9% (see attached Exhibit E for historical data on Ranch0 Carlsbad
rent increases). Non-purchasing residents in Group 3 will therefore be subject to annual
rent increases, commencing January 1, 1995, equal to the percentage increase in the
Consumer Price Index (CPI) during the corresponding period; however, rent increases
will never exceed an average annually compounded rate of 3.9% (calculated from the rent
in effect as of January 1, 1994, which is the rent in effect on the Conversion Initiation
Date).
Please note that since the Conversion Initiation Date, Group 3 residents (all
Ranch0 Carlsbad residents, actually) have received annual CPI rent increases that have
been well within the 3.9% ceiling (2.6% increase in January 1995 and 1.3% increase in
January 1996). To guarantee that non-purchasing, lower-income residents will continue
to receive CPI rent protections, all Group 3 residents will be offered, at the time the
Public Report is issued, a special form of the Conversion Lease described above. This
lease will be identical to that offered non-lower income residents, except that it will
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contain the provision that the annual CPI rent increase can never exceed an average
annually compounded rate of 3.9%. Beginning on January 1, 1999, and annually
thereafter, each non-purchasing Group 3 resident who is (annually) re-certified as a lower
income owner-occupant will be offered successive one year extensions of this Conversion
Lease. Non-purchasing Group 3 residents who sign this Conversion Lease will therefore
benefit from special rent protectionsfir as long as they choose to reside in the Park.
Some local jurisdictions require the subdivider of an occupied mobilehome park
to set up a “relocation plan” for the benefit of homeowners who are forced to move as a
result of their park’s being converted to another use. Such a relocation plan would list
other mobilehome parks in the area that have available homesites for rent or homes for
sale; also, the plan would normally offer financial assistance to defray costs of moving
displaced residents and/or their homes. However, as set forth in Section 4 above, ga
Ranch0 Carlsbad resident will be forced to relocate as a result of the Park’s subdivision.
This TIR in general, and Section 4 above in particular, have been structured in a way that
protects Park residents from both “actual” and “economic” displacement (the latter
defined by the State’s Subdivision Map Act and by current MPROP regulations). The
absolute option to either buy one’s space or to continue to rent on terms that are the same
or better than what exist at present makes the question of involuntary relocation
irrelevant. This TIR simply commits that no need for relocation (defined as actual or
economic displacement) will be created as a result of this conversion. Furthermore,
Ranch0 Carlsbad residents should be aware that if at any time in the future a resident is
denied any of the rights conferred by this TIR, that resident may have the right to apply
for and receive relocation assistance from the then owner of the resident’s space.
6. . . PI JD//dred andEi&y D-Right of First
. . 6.1 PI JDKondomlnlum
The subdivision of Ranch0 Carlsbad will give each resident the opportunity to
own rather than rent his or her space. Technically, each resident will have the
opportunity of owning a Planned Unit Development (PUD)/Condominium Interest, which
consists of five parts: (1) fee ownership of a space, to a depth of 24” below ground level,
(2) an easement giving the space-owner the excfusive use of everything beneath that
space, (3) an undivided, l/.504 th ownership of all the Park’s roads, common areas, and
facilities that are not owned by the Homeowner’s Association, (4) a non-exclusive
easement to use the Park’s roads and common areas, and (5) a membership in the Parks
Homeowner Association, which includes a l/504 interest in all land and improvements
owned by the Homeowner’s Association (Parcels B, C, and D on the Parcel Map
submitted to the City of Carlsbad). The PUDKondominium Interest is treated as any
5
other type of real property, with ownership transferred by a grant deed and insured by a
policy of title insurance. The front, back, and side lot line boundaries of each space will
be properly marked and surveyed by a Certified Civil Engineer, translated into precise
legal descriptions, and depicted on a Condominium Plan which will become a matter of
public record when filed and recorded. All PUDKondominium Interests will be held
subject to the general rights and obligations set forth in the Articles of Incorporation and
the Bylaws of the Homeowner’s Association, the subdivision’s Covenants, Conditions,
and Restrictions (CC&R’s), and California law pertaining to such common interest
subdivision ownership.
5.2 . One Hundred and Day Right of First Refusal
As required by Section 66427.1 of the Subdivision Map Act and by the City of
G&bad, each resident shall be informed that he or she has a one hundred and eighty
(180) day “right of first refusal” period, commencing on the issuance and delivery of the
Final Public Report by the Department of Real Estate, during which the resident shall
have the exclusive right to decide whether to purchase a PUDKondominium Interest or
whether to continue to rent his or her space.
. . . 7. male ~r0vlslons
When a resident does not own a PUDKondominium Interest, he or she shall have
the right to sell his or her mobilehome. However, unless the resident’s lease then in effect
allows otherwise, the buyer of the mobilehome will be required to purchase the
appurtenant PUDKondominium Interest at the time that the home purchase occurs. Once
the mobilehome and the appurtenant PUDKondominium Interest have been acquired by
*a resident, the home and space must be sold and purchased as a single unit, insofar as this
requirement is not prohibited by law or regulation. The only time that a mobilehome and
PUD/Condominium Interest can be separated is when the mobilehome is sold, removed,
and replaced with a new home by the space owner. Once replaced, the new mobilehome
will become inseparable from the appurtenant PUDKondominium Interest, subject to the
same terms above.
8. J,egal Notices
Ranch0 Carlsbad residents have received the following notices: “Notice of Intent
to Convert”; “Notice of Change of Use”; “90 Day Right of First Refusal”; and “Intention
to File Application for Public Report” (all attached here as Exhibit F); and will receive all
additional required legal notices in the manner and within the time frames required by
State and local laws and ordinances. As mentioned above, all residents new to the Park
from October 1, 1995 have and will receive “Notice to Prospective Tenant” disclosures.
6
9. Jhxf3s ofthe Coti
The purpose of the conversion of a park from a rental park to a resident owned
park is to provide the park’s residents with a choice. The residents may either choose to
purchase an ownership interest in the park, which would take the form of a
PUD/Condominium Interest, or to continue to rent a space in the park. The conversion
provides the homeowners the opportunity to operate and control the Park, thereby
allowing them to shape their own economic futures. Since the new owners of the Park
will be the residents themselves--who are not motivated to make a profit, but instead are
motivated to insure the best possible living conditions at the most affordable cost--b&
buyers and renters benefit from the conversion.
Further, by allowing residents of all economic levels the ability to select their
individual housing goals and to participate in the conversion process, as well as in the
later management and operation of the Park community, residents are able to exercise
direct influence over their homes and neighborhood environments. Thus, conversion to
resident ownership broadens the scope of control that Park residents have over their lives.
l&l. The above purchase rights and rental protections are being offered only to
persons who own homes in Ranch0 Carlsbad as of the date of issuance of the Department
of Real Estate’s Final Public Report.
lQ.2 The above-described purchase rights and rental protections will be offered
only if the Park is subdivided and a Final Public Report issued by the California
Department of Real Estate.
lQJ Upon the subdivision of Ranch0 Carlsbad, the current owner of the Park,
as well as subsequent owners of PUD/Condominium Interests, shall abide by all terms
and conditions set forth in this TIR.
u24 As guarantee that the provisions above will be implemented, this TIR will
be recorded concurrently with the Condominium Plan. In addition, a special Conversion
Lease will be offered to residents who choose not to buy their spaces and who have
owned their Ranch0 Carlsbad homes since prior to October 1, 1995. A list of all
residents who have owned homes in the Park since prior to October 1, 1995 is attached as
Exhibit G.
ULI The conversion of the Park from a rental park to a resident owned park
provides the residents with an opportunity of choice. Park residents may choose to
purchase a PUD/Condominium Interest or may choose to continue to rent. The
7
conversion also provides the potential for residents to enjoy the security of living in a
resident controlled park, where management decisions are not motivated by profit, but by
the desire to achieve the best living environment at the most affordable cost.
lQ& No resident will be required to relocate from the Park as a result of the
conversion. All residents choosing to continue to rent will have the choice of remaining
in the Park under the terms of their existing leases or rental agreements, or of accepting a
new Conversion Lease which incorporates the benefits of this TIR. In sum, the
conversion of Ranch0 Carlsbad to resident ownership will result in neither the
actual nor the economic displacement of any resident.
11.
Attachments A-G will be submitted to the City of Carlsbad and to the State of
California as part of the Park’s application for MPROP funds. These attachments may be
reviewed by Ranch0 Carlsbad residents during normal business hours at the Carlsbad ,
Resident Association (CRA) office at the Park administration building.
8
16/23/1996 15:27 619-53.59381 ATTORNEY OFFICE PAGE 84 .-
EXHIBIT 5
ExlllBlTM
Page 15 of 15
0 csablish&Kesakrqu~ rtortotbeclosingtbra
~7bepm.salerequinmcntsshallinc minimum percentage of
(4 The deparhicnt may fund btankct incscrowhalthercpaym~of -ion tuaus fw
loans 89 individuat loans are funded and
50405(n) and 50786(a), Heat& and SaMy Code. Re
8030. Monitoring urd Rqmttiq
The dcparanent shatt, dbectty or through a local public e&y or mangage leader, monitor the activiies of kHmmrs
and the progress of prujects fbz the fotlowing pqoses:
(1) tc verify ccmpthw with the krms UKI condttions of wntmck~ and agrwmcnts;
(2) tcensurethe success ofthe project; and
(3) iotmtcctthcswurityofprogmalloaM.
W The department &at1 require borrowers crloat pubtic entities tc pmvtde puiodic repcrts using a departmeat-approved
I format which will provide the infhnation mccssmy to iWilt the requirrmcnb of !Section 50787 of the Code and 411
OtJler requiranexlts of ttlc program.
NOTE: Authctiv cited: Sections 50406(n) and 50786(a), He&b and Safq Code. Rc#emcc: Sections 50406, 50786 and
50787, Health and Safkty Code.
8032. Defaults and Foreclosures
h the event of a tosn default, the mortgage tender and the dement shall follow the pmccdures established for the Cnlifomia
Homeownership Assistance Program k Section 7938 of this PM.
NOTE: Authority cit4 Sections 50406(n) aad 50786(a), H&b and Safkty Code. Refcreme: Section 50406. He&h 8nd
fidbty Code; S&on 7938,Tittc 25,Adminbhve code.
(11/21/85)
.- EXHIBIT 6
LAW OFFICES OF ,.\
cd?siL?~/h
” :. ._ :‘! \ : I Ir:, -. . : ,, -3:
4330 LA JOLIA VILLAGE DRIVE
SUITE 330
&,,, ,:
‘~
SAN DIEGO, CALIFORNIA 92 I 22-6203 ‘I I
TELEPHONE: (6 IQ) 535-9380 FACSIMILE: (6 IQ) 535-938 I ’
E MAIL: LLOFI-IN I ~E@AOL.COM
May 15,1997
VIA FACSIMILE & U.S. MAIL
Evan Becker /-
Department of Housing
City of City of Carlsbad
2965 Roosevelt, Suite B
Carlsbad, CA 92008
Lorraine French
Dept. of Housing & Community Devl.
Division of Committee Affairs
Mobilehome Park Resident Ownership Program
P.O. Box 952054, MS 390-5
Sacramento, CA 94252
RE: RANCH0 CARLSBAD COUNTRY CLUB ESTATES
Carlsbad Resident Association, Inc. & City of Carlsbad
FILE NO: RC - 539
Dear Evan and Lorraine:
The purpose of this correspondence is to outline for the Department of Housing, City of
Carlsbad, the scope of duties for the City from a practical standpoint. Therefore, I am addressing
this correspondence to both of you so that if I do not adequately cover all areas, Lorraine, you can
clarify any omissions I make in this correspondence.
The discussion will involve paragraph 8.c., Obligations of the Local Entitv , and the
following numbering corresponds to the numbering of that paragraph:
(1) Certifications lTitle 25 California Code qf Regulation, Section 8018@): hereinafter
all numerical references shall be to this Code unless otherwise snecifiedl.
a. Items (1) through (5) were submitted as approved in the City Resolution
provided by the City at the time of the application. It is my understanding that the City Resolution
as submitted satisfies this certification requirement.
(2) Relocation and Anti-Disnlacement Plan [8018(b)($) & 8018(c) 7.
a. Administration of any relocation or displacement mitigation efforts:
05/15/1997 10: 48 619-5359381 LAW OFFICE OF LOFTIN PAGE 03
Mr. Evan Becker & Lorraine French
May 15,1997
Page 2
The City has approved the Tenant hpact Report which indicates that for foG years from the date of initiation of the conversion, e.g. Date of Purchase, the rent has not been and will not be, increased more than 3.%, which is the average rent increase for the previous fo& (4)
years. Theretier, the rent increases will remain protected for the low income residents who select
not purchase. Based on the fbregoing, there will be no actual or economic displacement of the residents, and therefore no displacement. In light of the protections over and above the statutory requirement, Lorraine will determine whether the CRA needs to prepare an Anti-Displacement Plan.
b. &i-s:
Ifan Anti-Displacement Plau is required by MPROP, the CRA would p-e the Plan and submit it to h@ROP for approval. If there are any daimants under the Plan, the City would need to conduct an administrative hearing to determine if, in fact, the claimant had been
displaced as a direct and proximate result of the purchase and conversion ofthe Park. In pr~ticali~ in the projects in which I have been involved since 1983, only five (5) claims have been made
only two (2) c1aimauts receiving any assistance. w&
and not by the City. Assistance would be provided by the C&ark,
C. wBl)isDlacement Provisim:
There are no additional displacement provisions attached as part of Exhibit B.
(3) @lit&
Ofpticular note in tis section is the distinction between a “co-0~” and a “Condo”.
This project is being processed such that the MPROP fimds will be loaned to individual borrowers.
Therefore, only the provisions relating to individual borrowers will be addressed.
a.
‘The department shall, directly or through a local public entity or mortgage
lender, monitor the xtivities of borrowers and the progress of projects for the following purposes:”
(3 verify compliance with the terms and conditions of contracts and
agreements: Practically, what this section means is that the local public entity hires a third pars
Ioan originator who works with the IV fIWP LOP” ’ ‘*’ w Zvnsultant to make sure that the individual
B&OWCSS ~0mpkt.e all of their application paperwork and comply with the underuniting guidelines
and that the Resident Association, in this insi CRA, completes all of the contract provisions.
W ensure success of the project and protect the security of program loans:
Mr. Evan Becker & Lorraine French
May l&l997
Page 3
Again, these are items which are handled amori’g the Loan Originator [a City-hired service, or the
City can do this itselfj, MPROP staff, and the Resident Association.
(iii) This is the section which I have discussed with you, Evan, in that I
strongly recommend the City hire an outside consultant to do this work. The local jurisdictions,
without regard to size, who have done this work, in my experience regret having taken on the
responsibility. It entails underwriting each individual resident borrower for compliance with the
program and specifically assisting the resident borrower in providing tax returns, Social Security
Award letters, etc. This can be very time consuming.
b. Annual Report:
There is no annual financial reporting required for the individual loan
program. Therefore, there is no ongoing reporting from the local jurisdiction.
C. Default of Individual Borrower:
The Plan to protect against default pertains to the blanket money
encumbrances. There is not an obligation to add additional money in either circumstance.
d. Securitv of MPROP funds:
The security of MPROP funds is related to the value of the individual security
interest in and to the Detached Single Family Condomium Unit, inclusive of the manufactured home.
That security will be established by the Loan originator. However, if there is a disaster or other
event which negatively impacts the property’s value as a whole, the local jurisdiction would have
an obligation to inform MPROP, or if the property became run down and in a substantial state of
disrepair, the local jurisdiction would have an obligation to inform MPROP. Under the City
imposed conditions of approval, the City has the right to correct disrepair and assess the Owners of
the Units.
(4) Pavment to local iurisdiction for meforming the above services:
Provided in 8018(e) is the mechanism whereby the local jurisdiction can be either
reimbursed for the above services or the services can be provided by the local jurisdiction and
considered local contribution:
(a> Administration of Relocation and enforcing section 50786(d) of the Health
& Safety Code are considered conversion costs and included in the calculating the loan amounts.
Mr. Evan Becker & Lorraine French
May 15,1997
Page 4
(b) Monitoring costs may be covered in a loan origination and servicing
agreement.
In conclusion, the provisions are not from practicable application nearly as onerous as they
appear for the local jurisdiction co-borrower when the MPROP funds are used for individual loans.
The annual reporting, etc., applies to the blanket money loans. However, in my opinion, it is in the
local jurisdiction’s best interest to hire an outside consulting firm to handle the loan origination
portion of the obligations, and the fees for that service can be added as a cost of the loan.
If either of you have any questions regarding the above, please contact me at your earliest
convenience. This matter is now time critical.
Sincerely,
Dictated But Not Read
L. Sue Loftin, Esq.
LSL:seb
cc: Socorro Anderson (via facsimile)
CRA (via facsimile)
Steve Weed (via CR4)
Abraham Keh (via U.S. Mail @ Post Box)
William Geary, Jr. (via facsimile)
Richard Rudolph, Esq, Assistant City Attorney (via facsimile)
UII LYf IYY / lj:aY blY-323YJUl
__
LAW OFFICE OF LOFTIN -_ PAGE 02103
EXHIBIT 7
4330 LA JOUA VI&E DRIVE
SUITE 330
SAN DIEOO. CAUFORNIA 82 I 22-6203
TELKFWONE: (6 IQ) 83S-9360 FACSIMILE: (6 IO) 535-938 I
E WLZ UofWt4 182@?~0L.C0~
July 29,1997
h?fA FACSIMILE & U.S. MAIL
Craig Ruiz
Department of Housing
City of Carlsbad
2965 Roosevelt, Suite B
C&bad, CA 92008
Re: REQUEST FOR ADDITIONAL LOW INCOME FUNDS
Rancho Carlsbad Country Club Estates
FJLE NO: RC - 540
Dear Craig:
The purpose of this correspondence is to request a total funding from the City of Carlsbad
of Four Hundred Forty Six Thousand, Four Hundred Eight Dollars ($446,408.00). This is an
increase from the previously and tentatively approved Two Hundred Thousand Dollars
(%200,000.00). The xeaso~s for the increased need are BS follows:
1. MPROP reduced the Residents’ assistance request to it by S 300,000, in part because
of the limited funds available to that program;
2. The initial numbers were based on estimates without the benefit of pm-qualifkations
of the individual applicants. The reason the prequalifications were not done prior to
the submittal of the MPROP package is that the MPROP package can be submitted
on during an open RFP period. The RFP period was too early in the process to
submit applications to conventional lenders. At this point in time, most of the
MPROP applicants have been prequalified by the convention Iender; therefore, the
need for low income governmental dollars is more closing identified.
Furthet, the total assistance from the City of Carl&ad results in approximately a loan of ten
thousand dollars ($10,000) per unit. Each unit will be deed restricted to preserve low and moderate
50
UC, -Zf 113 I IJ,: 4‘3 blY-3J3XJa1 LAW OFFICE CF LOFTIN
- .- PAGE 03103
Mr. Craig Ruiz
FILE NO: RC - 540
July 29,1997
Page 2
income households within the City of Carlsbad. Therefore, the dollar amount for each deed
restriction is below the average costs to obtain a deed restriction
Lastly, I would like to apologize to Evan and to yourself for the lateness of sending you the
back up numbers for tbis request. The person who had been handling the matter for the Carlsbad
Residents’ Association, Inc., had personal issues arise which preclude the completion of the back
ground work, e.g. Loan pm-qualifications. To avoid this problem in the future, Carlsberg Sales will
be handling ah sales in the Park. In addition to myself, Delores Weksler at l-808-8895 or Don
Griffith at 1-3 1 O-430-9696, ext. 3 19 are available to you for any information you may require.
We all look forward to working with you on this project. Welcome aboard!!
cc: Clients
Delores Weksler
Don Griffith
Lorraine French
,
RONALD R. BALL
CITY ATTORNEY
D. RICHARD RUDOLF
ASSISTANT CITY ATTORNEY
JANE MOBALDI
DEPUTY CITY ATTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-l 989
(619) 434-2891
FAX: (619) 434-8367
July 24, 1997
Chicago Title Att: Recording Agent/Escrow Officer
RE: RANCH0 CARLSBAD MOBILEHOME PARK
This is to authorize, on behalf of the City of Carlsbad, recordation of the Ranch0
Carlsbad Security Agreement in proper sequence among the recordation of all other
documents related to the transaction.
You are authorized to record the Security Agreement immediately following recordation
of releases of the existing encumbrances on parcels 2 and 3, in order that the City’s lien
and security interests established by the Security Agreement is the first encumbrance
on parcels 2 and 3, subject only to encumbrances set forth in the parcel map,
condominium plan and the CC&Rs.
Recordation is also authorized on the condition that the original executed agreement
bearing the recorder’s stamp following recordation be mailed to the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008-I 989 for
maintenance in the official files of the City of Carlsbad
Very truly yours,
D. RICHARD RUD-
Assistant City Attorney
rmh
c: City Clerk J
L. Sue Loftin
Terri Woods
-
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.
. STATE OF CALIFORNIA ~VNJKfiLrv~~~ LWQ A
7r r STAMDARD AGREEMENT- - :!?:::;:::$k~ CONTRACT NUMBER AM. NO.
_ STD. 2 (REV.501) . .
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBF
THIS AGREEMENT. made and entered into this hth day of hlne , 193
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
Denutv Director
CONTRACTOR’S NAME
AGENCY
Demrtment of Housing and Communitv Development , hereafter called the State, and
Carlsbad Resident Association, Inc. and City of Carlsbad , hereafter called the Contractor.
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 materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor
time for perjormance or completion. and attach plans and specifications, if any.)
AuthoriQ: 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, et
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, a sea., and the provisions of Title 25 of the
California Code of Regulations Sections 8000, g sea., and all other applicable State laws and regulations.
Subject to those specifc conditions and terms identified herein, the Department has agreed to commit funds to the parties named Put-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.
CONTINUED ON 37 SHEETS. EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement
IN WlTNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA I CONTRACTOR
AGENCY coNluAcmR (Molhsr than m imiM4 stale whetk . cz%qwd& putlwmhq. etc.) (See Contract block on reverse)
Duncan Lent Howard
BY (AUTHORZED SlGNATLlRE) D
PRINTED NAME AND TmE OF PERSON SIGNNG
TrnE ADDRESS
Denutv Director A ,
AMOUNT ENCUMBERED BY THIS DOCUMENT PROGRAM/CATEGORY (CODE AND TITLE)
I
NND TmE I Department of Genersf Servfcss I-m- * TY 3 .,-- A-C-
$ 532.783.00 I I,.* *#cc\ 1 r4u-w rurcnase runa “SW “my
L”r ..‘I- -- ,cu
FISCAL YEAR II
,“v’ I -“as,
PAM AMOUNTENf?JMBERED FOR MIS CONTRACT II
$ 0.00 ITEM * CHAPTER STATUTE
2240-620-0530 1692 TOTAL AMOUNT ENCUMBERED TO 1984 1 1996-97
DATE
$
OBJECT OF EXPENDITURE (CODE AND TlTLE)
532,783.OO 2207140 132 66417 3 1 Loans
I hereby cetify upon my own personal knowledge that budgeted funds T.B.A. NO. BR. NO.
are available for the period and purqse of the expenditure stated above.
SIGNATURE OF KCOUNTblG OFFICER
. D I
14b ? 5 1997
0 CONTRACTOR &EAG&Y 0 DEPT. OF GEN. SER. cl CONTROLLER cl
STATE OF CALIFORNIA Carlsbad Resident Association, Inc. add
City of CarlsbaC- Contract NJ. 96-MPROP-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 supph in connection with the performance of this contract, and from any and al1 claims and
losses accruing or resulting to any person, rum 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 agreementand be relieved ofthe payment ofanyconsideration to Contractor
should Contractor fail to perform the covenants herein 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 t0 the State shalt 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. . A
-2
.= -
CONTRACTOR CONTRACTOR
CONTRACTOR (If othw than an individual state wh&w o corporatf~n porhunhip, *CC.)
Carlsbad Resident Association. ~nc.
COMRAcXOR (lf other than on individual MU whether o corporation parmmhip.N
City of Carlsbad
NM AM3 TITLE OF PERSON SIGNING
Lee Anderson, President
CRA, Inc.
AND TITLE OF PERSON SIGNING
RfigrnorJD R. 463rct-k~ cw3 r/\~~A6ci2
ADDRESS
5200 El Camin Real
Carlsbad, California 92008
ADDRESS
2965 Roosevelt, Suite B
Carlsbad, California X008
Liilsbad 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 fully 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. Oblipetions of the Resident Oreanizatioq
(1) The Resident Organization agrees to acquire and convert the subjectmobilehome park, or to
transfer 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, includiig 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 necessilIy 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
satiz+@-ing the requirements of this Agreement The format and content of the reports are subject
to the approval of the Department. Unless otherwise 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.
C,&bad Resident Association, Inc. and
City of Carlsbad Contract No. 96-MPROP-057
Page4of I5
In the event ofconversion 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 unposed by law and regulations.
(3 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 organization 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. Obligations of the Local Entitv
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 80 18(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 Organization under this program, and that the Department shall
not be responsible for any relocation expenses not authorized 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 fbreclosure, 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
othetwise directed by the Department, the Local Entity shall forward to the Department within
Lar:sbad Resident Association, inc. and
City of Carlsbad Contract No. 96-MPROP-057
Page 5 of 15
tifken (15) days r\Aer 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 Agrement, 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) Fulflll all other obligations prescribed in Title 25 California Code of Regulations, Section 80 18.
9. Loan Amount and Purooses
a. The Department shall 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 fbnds (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. After 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 shall 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. Iffimds author&l 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 not@ 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
authotized for use under this Agreement, and the total amount under this Agreement shall be reduced by
the amount of the disencumbrance.
C&bad Resident Association, Inc. and
City of Carlsbad
Contract No. 96-MPROP-057
Page 6 of 15
b. Any funds disbursed tooron behalf of the Resident Organization which are not utilized promptly for t.&
PurpoSe for which they were disbursed shall be returned to the Department within thirty (30) days of their demand by the Department.
Administrative Exoenses
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.
Soecial Conditions
The Resident Organization and Local Entity agree to comply with the special conditions, if any, contamed m
Attachment C. In the event of any conflicts or inconsistencies between Attachment B and Attachment C, the provisions of Attachment C shah prevail.
method of PavmenI
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 funds disbursed into an escrow account shah be deposited in a Federally Insured account beating the prevailing rate of interest. All interest shah 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.
Commencement and Term
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 1.5. The Resident
Organization and Local Entity agree that their respective obligations under this contract shall be completed
pursuant to the time schedule specitied in Attachment B unless a written request for an extension is approved in
advance. Prepayment of the financial obligations hereunder shall terminate the Agreement.
Defaults and Termmation bv the Deoartm~
a. Subject to the cure periods specified below, the Department may terminate this Agreement at any time
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
ofthe 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 Organ&ion. 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, ifthe Department approves, voluntarily convey all real property securing the loan or loans
to an entitv aooroved bv the Denartment. In the event the Deuartment elects for former (seeks
11.
12.
13.
--
Carlsbad Resident Association, Inc. and
City of Carlsbad Contract No. 96-MPROP-057
Page 7 of 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 dBcult 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 17 17, 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 MV 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 E-ee fi-om 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 (California Code OfRegulations, 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. .Y -
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 Organization
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 bee workplace requirements set forth in
this Agreement, as are applicable.
Cartsbad Resident Association, [IX!. 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
S 1 ,OCO,OCG 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 beixig 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 confbrm 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 required by Paragraph 8(b), the Resident Orgartization is responsible
for maintaining records which fury disclose the amount and disposition of all funds allocated for the work, and the amount and disposition of that portion of total costs provided f?om local sources. Jn 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 pezmit 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 f&al 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 Insoection 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 a&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.
, Cartsbad Resident Association, Inc. and
City of Carlsbad Contract No. 96-MPROP-057
Page 9 of 15
b. Lfso 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. Comoliance 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-fi-ee 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 Reauiremen$
This Agreement may be subject to the provisions of the California Environmental Quality Act (CEQA). The Local
Entity assumes responsibility to fully 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. Deoartment%oordinato~
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 f?om their respectivegoverning bodies authorizing the execution of this Agreement.
25. Publicitv
The Resident Organ&ion 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&ion 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 time
performance 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 tight of the Department to enforce these provisions.
La&bad Resident Association, Inc. and
City of Carlsbad Contract No. 96-MPROP-057
Page 10 of I5
27. Litipatioq
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 a@ect 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 Organ&&ion shall not@ 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.
28. Insurance
a. Prior to the disbursement of funds under this Agreement and thereafter during the term hereof, the
Resident Otganization 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
dollars ($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 Organization 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 atIer 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 sat&&d by the Resident Organ&ion’s and/or Local Entity’s providing evidence of an alternative
to conventional insurance sufficient to provide equivalent protection.
29. Labor Relations Certification
The Resident Organ&ion, by signing the Agreement, does declare under penalty of perjury that no more than one
final unappealable finding ofxontempt of court by a Federal Court has been issued against the Resident
Organization 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 California 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.
31. Hazardous Substances
C;II isbad Resident Association, Cnc. and
City of Carlsbad Contract No. 96-MPROP-057
Page 11 of 15
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 ifit determines that equivalent studies or plans have been completed or that the costs
of satis@ng 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 heI and/or lubrication,
(4) asbestos, lead-based paint, radon gas, landfill 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 Organization shall
perform, or cause to be performed, a “Phase 1’ environmental audit to determine the possible presence
of Haza&us 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
Organ&ion shah 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 funds 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 certification 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 shah 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.
-
e.
(3)
(4)
(5)
(6)
(7)-
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Car:sbad Resident Association, Inc. and City of Carlsbad
Contract No. 96-MPROP-057
Page 12 of 15
An investigation of the Mobilehome Park and sites within 2,000 feet of the Development
ProPe$’ with regard to the Environmental Protection Agency’s National Priority List, Comprehensive Environmental Response Compensation and Liability Information System
(CERCLIS) list, and any simihr 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, fue, 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 affect, 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
totheuseofhaza&us substances on the land, within structures, as building components, or in
operating equipment.
Findings Ii-cm interviews with neighbom to detemnne 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.
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:
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Carlsbad Resident Association, Inc. and
City of Carisbad
Contract No. 96-MPROP-057
Page 13 of 15
(1) testing underground storage tanks for content and integrity,
(2) analyzing soil gas,
(3) bu!k soil sampling,
(4) groundwater and surface water sampling,
(5) analyzing local geology for potential chemical spill pathways and,
0% 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
timds, 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 Snancially 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 eliminates the necessity of undertaking any of the activities required by subparagraphs c and d of
this Paragraph However, a PROPERTY/ENVIRONMENTAL INFORMATION DISCLOSURE must
always be completed prior to the draw down of fbnds for acquisition of the Mobilehome Park or for the
construction of improvements.
g- 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 REMEDLATION (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 WARRANT IES (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 a!l 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 Pa&, 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.
Carbbad Resident Association, Inc. and
City of Carlsbad Contract No. 96-MPROP-057
Page 14 of I5
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.
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 harmIess 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.
Notwithstanding the limitations in subdivision (a) the Resident Organization releases the State corn any
and a!I claims that the Resident Organization 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 Workvlace
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 specifying actions to be taken against
employees for violations, as required by Government Code Section 8355 (a).
Carlsbad Resident Association and
City of Carlsbad Contract No. 96-MPROP-057
Page 2 of 2
e. Security: 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 fmancing. 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 satislied to the Department’s
satisfactiori 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.
.
- Carlsbad R~SI~~~IQASSWI~~I. hc and
Cd? ol'Carisbad Con~rxt No. %WROP-057
Pngc 1 of 10
ATTACHMENT A
LEGAL DESCRIPTION
PARCEL 1:
ALL THAT PORTION OF LOT B IN RANCH0 AGUA WEDIONDA, IN THE CX'IY Oi CWSBA3,
COU?C-Y OF SAN DIEGO, STATE OF ~IFORNXA, ACCORDING TO MAP THEREOF HO. 823,
F;LED IN THE OFFICE OF THE COUNTY R&CORDER OF SAN DIES3 COUNTY, N3VEXBER ;6,
1896, D&SCRIBED AS FOLLOWS:
B&GINNING AT TX& NORTHWEST CORN&R OF SAID LOT B AS SHOW ON W OF R&CORD 3F
SZRVEY NO. 517, R&CORDS OF SAN DIEGO COUNTY; THENCE SOUTH 000 06' 00" &AST
ALONG THE WEST LINE OF SAID LOT AS S&OWN ON AFORESAID MAP, 1093.50 FEET; THENCE
SOUTH 87" 45' 00" EAST, 1133.00 F&ET; THENCE SOUT'N 13. 12' 00" WEST 300.00
FEET; THENCE SOUTN 81. 29' 14" EAST, 485.00 F&&T; TWENCE NORTH 13O 35' 46"
EAST, 950.00 FEET; TIIENCE NORTB 34. 48' Sew EAST, 214.23 F&ET; mC& NORTH 130
35' 46" EAST 400.00 F&&T TO = NDRZX&RLY LINE OF SAID LOT 8; T&&NC& ALONG THE
NORTHERLY L'I;N& OF SAID LOT, NORTH 8So 26’ 35’ W&ST 1976.00 FEET TO T&E POINT OF
BEGfNNING.
PARC&L 2:
‘IBAT PORTION OF LOT "E" OF Ma30 AGOA H&DfONDA, PARTLY IN TX3 CITY OF
CXRLSBAD, AND PARTLY IN.THEUNINCORFORAT&DAR&AOF T&& COUNTY OFSANDIEGO,
STATE OF CALIFORNIA, ACCORDING TD PARTITION MAP TKEREOF NO. 823, FILED IN 'ZiE
0FF:CE OF TH& COUNTY RECORDER OF SAN DIEGO COUNTY, Nom&R 16, 1896, D&SCRIB&D
As F3LLOWS:
BEGINNING AT CORN&R NO. 1 OF SAID Lcrr "Em As SASD CORN&R IS SHOWN ON RECORD OF
SURW MAP NO. 6169, FIIZD IN IX& OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
CO-UN7Y; THENCE TO AND ALONG 'ZHE CENTER LINE OF TX& COUN? ROAD KNOWN AS ROAD
SURVEY NO. 602, ACCORDING TO MAF.ON FILE IN TIf& OFFICE OF TKE COUNTY SURVEYOR
.OF SAID CO-UWI'Y, NORTH 66O 36' 08. WEST (R&CORD NORTH 66O 57' 24" WEST) 1a22.63
TEET TO TXE MOST NORTRW&ST&RLY LIN& OF LAND DESCRIBED IN DE&D TO JAXOB
h;ERSCHING, ET UX, R&CORD&D APRIL 10, 1968 As FILE NO. 59408 OF OFFICIAL RECCFDS
AND THE TRUE POINT OF BEGINNING: TH&NC& ALONG THE NORZXKSTERLY LSNE CF SX3
-SL?D N3RTH 2S" 58' 38" EAST (R&CORD NORTH 2S" 37' 22" FAT) 1289.80 F&&T TC 'XE
MOST NORTHERLY CORNER OF SAID U&RSCHING LAND: mC& SC:= 66O 36' C8' EAST
500.30 FEET TO AU ANGLE POINT IN THE BOUNDARY OF LAND DESCRIBED UNDER PARCEL 1
OF C'V'X' CiJi:M DE&D TO THOMAS E. BURKE, R&CORD&D .FJN& 16, 1967 As FZLB NO. 85330
OF CFFICIAL RECORDS; THENCE ALONG TKE BOUNDARY TEREOF, SOUTH 66O 36' 08" &AS?
259.78 FEET; SOUTH 890 00' 59. EAST (R&CORD SOUTH 8S" C9' 42" EAST) 180.00 '&ET
WD NGRTH 560 55' 40" EAST 180.11 F&ET (R&CORD NORTR S6O 21' 08' EAST 180.03
F&ET) TO THE EASTERLY LINE OF SAID LOT "E= DISTANT THERE3N NORTH O" 20' 40"
EAST 1664.64 FEET FROM CORNER NO. 1 OF SAID LOT IEm; WC& ALONG SAID EAST&%?
LINE NORTH 00 12' 22" EAST 937.37 FE&T (RECORD NORTH O" 15' 51" EAST 937.31
FEET1 TO CORNER NO. 13 OF SAID LGT "E"; THENCE AtONG THE SOUTHERLY LINE OF SXD
LOT "E" SO'JIII 890 30' 04" EAST (R&CORD SOUTH 8S" 26' 35' EAST) 783.26 F&&T;
THENCE NORTH 340 44' 03. EAST 663.15 F&&T To A 2 INCX IRON PIPE WITH COPPER
DISC MAR&&D RCE 6486; THwC& NORTH 150 54* 25" W&ST 630.45 F&&I' TO A POINT XN
TX& SOUTXEASTERLY BOUNDARY OF UND D&SCRIB&D IN D&ED TO CC-SIDE-CARLSBAD H:CH
SCHOOL DISTRICT RECORDED NO-&R 27, 1970 AS FILE NO. 216959 OF OFFICIAL
RECORDS: THENCE AMNG SAID SOUTH&AS TERLY BOUNDARY SOUTH 53O 22' 17' H&ST
1166.81 FEET TQ A 2 INCH IRON PIPE WITX COPPER DISC - Ls 2940 As SAID PIP&
i'arlsbad Rcsidtxit Association. Inc. and
City 0t'Carlsbad Contract No. %-kvlPROP-OS7
f'ngc 2 ot' to
ATTACHMENT A
LEGAL DESCRIPTION
IS SHOWN ON RECORD OF SURVEY MAF NO. 6616, FILED IN THE 0FF;CE 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) AKD SOUTH
48" 19' 29" WEST, 404.15 F&&T TO AN ANGLE POINT IN TX& BOUNDARY OF SAID RECORD
OF SURVEY NO. 6616, THENCE CONTINUING ALONG SAID BOUNDARY AS FOLLOWS: SOUTH
6S" 14' 32" WEST, 387.06 FEET; NORTH 77O 48' 20" WEST 635.06 F&ET; SOUTH 6S"
42' 27" WEST 494.30 F&&T; SOUTH 39O 44' 33" W&ST, 339.77 F&ET AND SOUTH 30° 46'
06" W&ST 331.55 FEET TO THE CENT&R LINE OF SAID ROAD SUItV&Y NO. 682; TH&NCE
SOUTH 300 46' 06" W&ST TO THE SOUTHW&ST&RLY LINE OF SAID LOT "E"; THENCE SOUTH
66O 54' 57" EAST (R&CORD SOUTH 67O 16' 13" EAST) TO THE SOUTHh'ESTErCLY CORN&R OF
SAID WERSCHING'S LAM]; T&&NC& NORTH 290 58' 38" EAST ALONG THE NORTHWESTERLY
LINE THZREOF, 10.06 F&&T TO THE TRUE POINT OF BEGINNING.
PARCEL 2A:
THAT PORTION OF LOT "E" OF RANC&O AGUA HEDIONDA, IN 'I&& CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STAT& OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF
NO. 823, FILED IN THE OFFICE OF THE C0UM-f RECORD&R OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT CORN&R NO. 1 OF SAID MT "E" AS SAID CORN&R IS SHOWN ON RECORD OF
SURVET MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY; 'I'XWCE TO AND ALONG TX& CENTER LINE OF 'l'H& COUNTY ROAD KNOWN AS ROAD
SURW NO. 602, ACCORDING TO MAP ON FILE IN THE OFFICE CF THE COUNTY SURVEYOR
OF SAID CCUNTY, NORTH 66O 36’ 08’ W&ST (RECORD NORTH 66O 57' 24" WEST) 1822.60
FEET TO THE MOST NORTHWESTERLY LINE OF LAND DESCRIBED IN DEED TO JMOB
WERSCHING, ET UX, R&CORD&D APRIL lo;1968 AS FILE NO. 59408 OF OFFICIAL
R&CORDS; THENCE ALONG THE NORTHWEST&RLY LINE OF SAID LAND NORTH 2S" 58' 38"
(RECORD NORTH 2S" 37' 22") EAST.1289.80 FEET TO THE MOST NORTHERLY CORN&R OF
SAID WERSCHING LAND; THENCE SOUTH 66O 36' 08" EAST 500.00 FEET TO AN ANGLE
POINT IN TH& BOUNDARY OF LAND D&SCRIBED UNDER PARCEL 1 OF QUIT CLAIM DEED TO
THOMAS E. BURKE, R&CORD&D JUN& 16, 1967 AS FILE NO. 86380 OF OFFICIAL RECORDS;
THENCE ALONG TH& BOUNDARY TX&R&OF, SOUTH 66O 36' 08" EAST 259.78 FEET; SOUTH 89O 00' 59" EAST (RECORD SOUTH 890 OS' 42" EAST) 180.00 FEET TO THE TRU& POI.NT
OF BEGiNNING; THENCE R&TRACING NORTH 890 OS' 42" WEST 180.00 FEET; NORTH 66"
36' 08" WEST 259.78 FEET; NORTH 66O 36' 08" WEST 500.00 FEET AND SOUTH 29O 37'
22" WEST 1330.06 FEET TO TH& SOUTHWESTERLY LINE OF SAID LOT "E"; THENCE ALONG
SAID SOUTHWZSTERLY LINE SOUTH 67O 16' 13" EAST (RECORD SOUIH 67O 10' 00" EASTi
1164.63 FEET; TX&NC& NORTH 23O 02' 36" EAST 33.62 FEET, MORE OR LESS, TO THE
MOST WESTERLY CORN&R OF THAT PARCEL OF LAND CONVEY&D 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 LAND NORTH 2S" 37' 22" EAST (RECORD
NORTHEASTERLY) 1213.60 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 18 E (I ; THENCE NORTHERLY ALONG SAID EASTERLY LINE 320.00 FEET TO A LINE WHICH
BEARS NORTH St0 21' 08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 56'
21' 08" WEST 180 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNXNG.
EXCEPTING THAT PORTION LYING WITHIN A STRXP OF LAND 60 FEET WIDE EASTERLY AND
C’arlsbad Rwdtx~t Amclalion, Inc. and
city ot-Cadsbad Contract No. 5%~Ad'IUX'-057
Pqc 3 01' IO
ATTACHMEh’T 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 COmR IS SHOWN ON RECORD OF
SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIES0
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 THB 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 BOUNDARY
OF SAID BURKE LAND; THIZNCE CONTINUING ALONG SAID BOUNDARY, SOUTH 29* 37' 22"
WEST 1213.60 FEET TO THE NORTHEASTERLY LXNE OF ROAD SURVEY NO. 682.
THE SOUTHERLY TERMINUS OF THE NORTHWESTERLY LINE OF SASD 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 WIT'BIN LOT "E" OF THE RANCXO AGUA
HEDIONDA, IN THE CITY OF CARLSBAD, 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, NOVEMBER 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 CORi?ER IS SHOWN ON RECORD OF
SURVEY MAP NO. 6169, FILED IN THE OFFICE OF THE COW RECORDER OF SAN DIEGO
COUNTY; THENCE ALONG THB EASTERLY LINE OF SAID LOT "E", NORTH OO" 11' 00" WEST,
1509.15 FEET AND NORTX OO" 06' 00" WEST 155.43 FEET TO THE MOST NORTHERLY
CORNER OF THE LANb DESCRIBED IN DEED TO THOMAS E. BURKE, ET AL, RECORDED AUG'JST
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 SAZD ZND,
RETRACING ALONG THE EASTERLY LINE OF SAID LOT "E", SOUTH OO" 06' 00" Q.ST
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 SAX3 60.00 FOOT STRIP IS T3
BE PROLONGED SO AS TO TERMINATE IN THE NORTHEASTERLY LiNE OF SAID ROAD SZRVEY
NO. 682.
PARCEL 3:
THAT PORTION CF LOT "B" OF RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO,
STATZ OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DrEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTXWESTERLY CORNER OF SAID LOT "8" AS SHOWN ON RECORD OF
S~VE'f MAP NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO,
Carlsbaci Rcsdcnt Assoclatm. Inc. and City ot'Carlsbad
Cantrwt No. ~~G-bl~'llOP-0j7 . . hgc J of I()
AI-I’ACHMEKT A
LEGAL DESCRIPTION
CC'UNTY, OCTOBER 23, 1935; THENCE ALONG THE WESTERLY LINE SAID LO? "B": SOUTH
OO" 06' 00" EAST, 1093.50 FEET; THENCE SOVTH 87O 45' 00" EAST, 1133.00 FEET TO 'TXE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LAND DESCRIBED IN DEED ?d
EDWARD C. YOURELL, ET AL, RECORDED JUNE 14, 1957 IN BOOK 6621, PAGE 367 OF
OFFICXAL RECORDS; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINX SOUTX
130 05 00" WEST (RECORD SOUTH 13O 12' 00" WEST) 784.03 FEET TO THE
NORTHWESTERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DED 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 05' 00" WEST,
526.30 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1 OF WARD'S LAND; THENCE
AMNG THE BOUNDARY OF SAID LAND AS FOLLOWS: SOUTH 76O 55' 00" EAST, 445.00
FEET AND SOUTH 64* 25' OU" EAST, 213.83 FEET TO TEE 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 64* 25' 00" EAST, 65.55 FEET
(RECORD 66.17 FEET) TO AH ANGLE POINT THEREIN; SOUTH 2* 35' 00" WEST, 14.66
FHET (RECORD 14.54 FEET) TO A POINT ON THE ARC OF A NON-TANGENT 40.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY, A RADIX, LINE OF SAID CURVE BEARS NORTH 74O 10'
25" EAST TO SAID POINT; SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 68O 26' 44", A DISTANCE OF 47.79 FEET; NON-TANGENT TO SAID CCTRVE SOUTH
67O 31' 43" EAST, 516.23 FEET TO THH MOST SOUTHERLY CORNER OF SAID LAND; NORTH 220 37' 00” EAST, 279.13 FEET TO AN ANGLE POINT THEREIN; SOUTH 78* 32' 00" EAST
234.04 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; NORTH 56O 16' 27" NEST,
438.16 FEET TO AN ANGLE POINT THEREIN; NORTH 34* 12' 32" NEST, 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' 05" EAST,
139.81 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 SAX3 PARCEL 1 OF Wti'S LAND NORTH 750 29' 25" WEST 579.91 FEET TO THE TRUE
P3If.Z OF BEGINNING.
PARCEL 3A:
AK EASE,MENT FOR ROAD AND UTILITY PURPOSES OVER THAT PORTlCN OF LOT "B" OF
iLUCH3 AGUA HSDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCOXJING
TO MA? THEREOF NO. 823, FILED IN THE OFFICE OF THE COWTY RZCORDER OF SAN DiEGO
COIMT,' , NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND 50.00 FEET IN WIDTH,
THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
CDMME?:C:NG A? THE SOUTHWESTERLY CORNER OF PARCEL 3 HEREINABOVE DESCRIBED, BEING
A PO:NT ON THE WESTERLY LINE OF l&m DESCRIBED IN DEED T3 EDWARD C. YOURELL, ET
ti, RECORDED JUNE 14, 1957 IN BOOK 6621, PAGE- 367 OF OFFICIAL RECORDS; THENCE
ALONG SAID WESTERLY LINE SO'UTH 130 09' 00" WEST (RECORD SOUTH 13O 12' 00" WEST)
SOS.00 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682 (KNOWN AS EL
CAMIt: REAL-COUNTY ROAD A-13) ACCORDING TO PSAT THEREOF ON FILED IN THE OFFICE
OF THE CO'UNTY ENGINEER OF SAN DIEGO COUNTY; THENCE ALONG SAID CENTER LiANE tIC)RTH 54O 40’ 00" WEST, 129.55 FEET TO THE TRUE POINT OF BEGIMJING; THENCE P-L=
-
C&bad Resident Asswintion, Inc. and
City ot‘carlsbad Contract No. 'X-f@ROP-057
I',lgc 5 ol‘ II)
ATTACHMEKT A
LEGAL DESCRIPTION
WiTH THE h'ESTERLY LINE OF SAID LAND OF YOURELL, ET AL, NORTH 13' OS' 00" EAST,
666.19 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT R;IDIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAiD CURVE
THROUGH A CENTRAL ANGLE OF PO* 00' 00", A DISTANCE OF 188.50 FEET TO THE
WESTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED.
EXCEPTING THEREFROM T7iAT PORTION LYING SOUTHERLY OF THE NORTHEUTERLY LINE OF
SAID EL CAM'INO REAL AS NOW LOCATED AND ESTABLISHED.
PARCEL 4:
THAT CERTAIN PORTION OF LOT "8" OF THE RANCH AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEW, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THZ
OFFICE OF COUNTY RECORDER OF SAN DIEW 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 DIEW COUNTY; THENCE ALONG TIIE WEST LINE OF SAID LOT
"B" AS SHOWN ON SAID RECORD OF SURVEY, SOUTH OO* 06' 00" EAST 1093 -50 FEET;
THENCE SOUTH 87* 45’ 00" EAST 1133.00 FE?ST; 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 13“ 16' 30" WEST -RECORD SOUTH 13* 12' 00" WEST- 550.00 FEET TO
THX NORTHWEST CORNER OF SAID YOURELL LAND, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOVTX 13* 16' 30" WEST
-RECORD SOUTH 13* 12’ 00" WEST- 234.00 FEET; TXENCE SOU'Ri 75* 29' 25" EAST
580.00 FEET; THENCE NORTH 13* 16' 30" EAST 298.85 FEET, MORE OR LESS, TO THE
NORTHERLY LINE OF SAID YOURELL LAND; TKENCE ALONG SAID NORTHERLY LINE NORTH 81*
53' 00' WEST 582.22 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGiNNING.
PARCEL 4A:
-.
.1
AN .=SEME.YT 60.00 FEET WIDE FOii PUBLIC ROAD AND XCIDENTAL PURPOSES OVER TH??
CERTAIN PO2TiON OF LOT "B" OF THE RANCH0 AGUA H-LIIONDA, IN THE CO'JNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED iN THE
OFFICE OF COUNTY RECORDER OF SAN DIEW COUNTY, NOVEMBER 16, 1896, A CENTER LZhZ
OF WICii IS DESCRIBED AS FOLLOWS:
BEGINNING kT THE NORTHWEST CORNER OF SAID LOT "E" As SHO'W7-l ON THE ?aP OF RECOR3
OF S'JRVEY NO. 517, RECORDS OF SAN DIEW COUNTY; TiizNCE ALONG THE WEST LINE OF
SAID LOT "B" AS SHOWN ON THE AFORESAID MAP, SOUTH OO* 06' 00" EAST 1093.50
FEET; THENCE SOUTH 87* 45' 00" EAST 1133.00 FEE?; THENCE ALONG THE NORTHERLY
PROLONGATZON OF THE WESTERLY LXNE OF THE LAND DESCRiBD IN DEED TO EDWARD C.
YOURELL, ET AL, RECORDED J[nY 14, 1957, IN BOOK 6621, PAGE 367 OF OFFICIAL
RECORDS, SOUTH 13* 05' 00" WEST -RECORD SOUTH 13* 12' 00" WEST- 2015.30 FEET,
MORE OR LESS, TO A POINT ON T'HE SOUTHWESTERLY LINE OF SAID LOT "B' BEING ALSO
THE CENTER LINE OF THE COUN-IY ROAD KNOWN As A-13 RECORDS OF SAN DIEGO COUNTY;
THENCE ALONG THE LAST MENTIONED CENTER LINE OF COU?JTY ROAD KNOWN AS A-13, NORTH
540 40’ 00' WEST 129.55 FEET; THENCE NORTHERLY A;oNG A LINE PARALLEL WITH 'I-HE
WESTERLY LINE OF YOURELL LAND NORTH 13. OS' 00' EAST 768.19 FEET; THENCE SOW
76O 55’ 00’ EAST 120.00 FEET TO THE WESTERLY LINE OF SAID YOURELL LAND; THENCE
,--
L’arlsbnd Rcsldrni Associutiun, Inc. and
City ofC:lrlsbad
Contract No. ‘96~MI’ROP-057 . . . .
Pay 0 (11 I(,
ATTACHMENT A
LEGAL DESCRIPTION
CONTINUING ALONG SAID LAST MENTIONED COURSE SOUTH 76O 55' 00" EAST 336.00 FEET,
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 13O 05' 00" EAST 360.8C FEET;
THENCE SOUTH 81° 53' 00" EAST 140.00 FEET; THENCE NORTH 20° 22' 00" E;\sT
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 MEN?ZO?;ED PCINT
BEING DISTANT THEREON NORTH 7S" 29' 25" WEST 30.16 FEET FROM THE SOL-T
CORNER OF SAID ISAACS LAND. .
PARCEL 48:
AN EASEMENT 30.00 FEET WIDE FOR PUBLIC ROAD AND INCIDENTAL PURPOSES OVER THAT
CERTAIN PORTION OF LOT “B" OF THE RANCH0 AGUA HEDIONDA, IN TKE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVPlBER 16, 1896, A SOUTI-DXLY
LINE OF WHICH IS DESCRIBED As FOLLOWb:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "B" AS SHOWN ON TKE 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 SOUTH 87O 45' 00" EAST 1133.00 FEET; THENCE ALONG TH.E NORTHERLY
PROLONGATION OF THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO EDWAD C.
YOURELL, ET AL, RECORDED JULY 13, 1957 IN BOOK 6621, PAGE 367 OF OFFZCIAL
RECORDS, SOUTH 130 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 KNOWN As A-13, RECORDS OF SAN DIEGO COUNTY;
THENCE ALONG THE LAST MENTIONED CENTER LINE OF COUNTY ROAD KNOWN AS A-13, NORTH
340 40' 0O"'WEST 129.55 FEET; TFKENCE NORTHERLY ALONG A LINE PARALLEL WITH THE
WESTERLY LINE OF YOURELL LAND NORTH 130 05' 00" EAST 768.19 FEET; THZNCE SOUTH
76O 55' 00" EAST 120.00 FEET TO THE WESTERLY LINE OF SAID YOURELL LAND, ,BEING
ALSO THE TRUE POINT OF-BEGINNING; THENCE CONTINUING ALONG SAID LAST KENTIONED
COURSE SOUTH 760 55' 00" EAST 426.00 FEET TO THE TERMINATION OF SAID DESCRIBED
SOUTHERLY LINE. .- -
PAXEL 4c:
AN EASEMZNT 50.00 FEET IN WIDTH FOR ROAD AND UXLITY PURPOSES OVER YJ2T CERTAIN
PORTICN OF LOT "B" OF THE RANCH0 AGUA H-EDIONDA, IN THE COLRJTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FfLED IN TXE CFFICE OF
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVPiBER 16, 1896, A CENTER LI?E OF WHiCH
IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "B" As SHOWN ON THE f&k? OF RECOR3
OF S'JRVEY NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE fcLONG THE WEST LINE OF
SAID LOT "B " , As SHOWN ON THE AFORESAID MAP, S0tTl-H 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 IAND DESCRIBE3 IN DEED TO EZWARJ C.
YOURELL, ET AL, RECORDED JULY 14, 1957 IN BOOK 6621, PAGE 367 OF OFFZCiAL
RECORDS, SOUTH 130 05' 00" WEST -RECORD SOUTH 13O 12' 00" WEST- 2115.30 FEET,
MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT "B", BE:NG AXO
THE CZNTER LINE OF THE COuNn ROAD KNOWN As A-13, RECORDS OF SAN D:ESCI” C3uNn;
THENCE ALONG THE tJb,ST MENTIONED CENTER LINE OF COuNn ROAD KNOWN AS A-13, NORTH
Cc&bad Resldmt Asswia~wn. Inc. and
Cily ol’carlsbad
Contract No. 9+-MPRgP-9q
l’iqc 7 cl II)
Al-TACHMEKT A
LEGAL DESCRIPTION
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 TiUGENT 120.00 FOOT RADIX
C'XRVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 188.50 FSET
THROUGH AND ANGLE OF 90° 00' 00" TO THE 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 IX THE
OFFICE OF ti COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING AT TKE NORTHWEST CORNER OF SAID LOT "B" As SHOWN ON RECORD OF SURVEY
MAP NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LLNE OF SAID
LOT "B" AS SHOWN ON SAID RECORD OF SURVEY MAD SOU'IX O" 06' EAST 1093.5 FEET TO
AN ANGLE POINT IN SAID WEST LINE, SAID POINT BEING ALSO THE NORTHWEST CORNER OF
A 39.0 ACRE PARCEL OF LAND AS SHOWN OX SAID RECORD OF SURVEY MAP NO. 517, ALSO
SAID POINT BEING THE TRUB POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF
LAND; THENCE CONTINUING ALONG SAID WEST LINE SOUTH O" 11' EAST 1197.17 FEET;
TXENCE LEAVING SAID WEST LINE NORTH 84O 02' 08" EAST 62.80 FEET; THENCE NORTH
37O 32’ 03” EAST 460.00 FEET; THENCE SOUTH 800 28' 02" EAST 275.00 FEET; THENCE
SOUTH 40° 28' 07" EAST 130.00 FEET; TBENCE SOUTH 15O 58' 12" EAST 236.00 FEET;
THENCE SOUTH 28O 01' 43” WEST, 106.39 FEET; THENCE SOUTH 76O 46' 39" EAST,
104.48 FEET TO A POINT ON THE EASTERLY LINE OF THE ABOVE MZNTIONED 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 13* 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 870 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 THZ RANCH0 AGVA HEDIONDA, COVNTY OF SAN
DIEGO, STATE OF CJGIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
OFFICE OF THE CX?NTY RECORDER OF SAN DIEGO COUNTY, NOVS.MBER 16, 1896, DESCRIBED
AS FOLLOWS:
BEGINNING A? THE NORTHWEST CORNER OF SAID LOT "8" AS SHOWN ON RECORD OF SUR'JiZ~ PAP NO. 517, RECORDS OF SAN DIEGO COUNTI; THENCE ALONG THE WEST LINE OF SAX3 LOT "B" AS SHOWN ON SAID RECORD OF SURVEY MAP SOUTH O" 06' EAST 1093.5 FEET T3
AN AXGLZ POINT IN SAID BOUNDARY; THENCE ALONG SAID WEST LINE SOUTH O" 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 0' 11' EAST 1032.60 FEET;
THENCE LEAVING SAID WEST LINE SO'UTH 84O 02' 08" WEST 109.20 FEET; THENCE SOUTH
90 02’ 13” WEST 210.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF
ROAD SWRVEY 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 STATXON 130 + 02.98
Carl&ad Rcsidmt Association, Inc. and
City ot’carlsbad Contract No. 96-MPR0~-057
PJ<C x 01 II)
ATTACHMENT A LEGALDESCRIPTION
B.C. "B,, LINE REALIGNMENT; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE: NORTH
660 57’ 42” WEST (RECORD NORTH 67O 10' 00" WEST) 501.24 FEET; THENCE LEAVING
SAID NORTHERLY RIGHT OF WAY NORTH 29O 40' 36" EAST 1213.62 FEET TO THE TRVL
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 "8" &qd "~80. THENCE along the NORTHERLY line of said 60 foot strip of land SOUTH 660 5;# 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 840 02' 26' EAST 172 FEET to point "Br of this description; TIENCE SOUTH 100 55' 38" WEST 301.86 FEET to a point in the arc of a 1,'030 foot radius cume 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 9O
02’ 34” WEST 110 FEET; THENCE EASTERLY along the NORTHERLY line of said 60 and 82 foot strips of land to the TRUE POINT OF BEGINNING in Lots B and E. -.
?Ai?CEL 8 :
Ail tha: portion of LOT "B" of RANCH0 AGUA HEDIONDA, in the City of Carlsbad,
CZNTY 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,
DESCRIBED AS FOLLOWS:
COKMEXZING 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 COW 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 09O 02' 34" EAST, 210.00 FEET and
NORTH 840 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; SOUT'H 80° 22' 44" EAST, 275.00 FEET; SOUTH 40“
27’ 49” EAST, 130 FEET; SOUTH lS" 57' 54 E!iST, 236.00 FEET; SOUTH 20e 02 01" WEST, 106.39 FEET and SOWI'H 76O 46' 42" EAST, 104.46 FEET to the EASTERLY line
of the land described in deed to CARROLL R. KELLY, et ux, RECORDED DECEMBER 12,
1957 rn BOOK 6867, PAGE 338 of OFFICIAL RECORDS; THENCE along the boundary of
Carlsbad Resident Assoctation, Inc. and
City of Carlsbad Contract No. WMPROP-(~j7
!?lgc 9 01 I(1
ATTACHMEKT A
LEGAL DESCRIPTION
said Kelly's land as follows: SOUTH 130 12' 00" WEST, 835.00 FEET to a pornt on the SOUTHWESTERLY line of said LOT "BB", 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 54* 40' 00" WEST, 669.3 and NORTH 32O 5S! 00" WEST, 180.30
FEET to the WESTERLY line of said Lot wBrl; 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
=, 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 SOUTXEAS TERLY and NORTHEASTERLY along the arc of said cume 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 RXCHARD 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 Survey 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 loo 55' 38" WEST, 301.8'6 FEET to a point in the arc of a non-tangent 1030.00 foot radius curve, concave SO'UTHERLY in the NORTHERLY line
Of that certain 80.00 foot strip described in PARCEL 61571-A in deed to the
COt'NT,r OF SAN DIE=, 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 TX% POINT OF
BEGINNING.
AND ALSO EXCEPTING THEREFROM that portion, if any, lyirig within the Land described in deed to RICHARD CARROLL KELLY, RECORDED DECEbMBER 26, 1962 as FTLE
NO. 219750.
AND ALSO EXCEPTING THEREFROM that portion thereof desc ribed in deeds to the
COUNTY OF SRN DIEGO RECORDED. NOVEMBER 28, l969- as FILE NO. 217329 and on
FEBRUARY 19, 1962 as FILE NO. 28912 respectively.
AND ALSO EXCEPTING THEREFROM that certain portion of lot "B" of the Ranch0 Agua
Hedionda, in the county of San Dicgo, State of California, according to partron map thereof no. 823, filed in the Office of the County Recorder of San Diego
Carlsbad Resident Association, Inc. and
City of Carlsbad
Conlract No. 9G-M.PR0P.O j7
I'crgc IO of IO
ATTACHMENT A
LEGAL DESCRIPTION
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
760 46' 42" west 104.48 feet to the TRUE POINT OF EEGIXNING, Thence from said TRUE POINT OF BEGINNING, NORTH 76O 46' 42" WEST 20.00 FEET, THENCE NORTH 12O 13' 56" EAST 58.58 FEET, TKENCE NORTH 8“ 45' 04" WEST 58.13 FEET, THENCE NORTH 810 28' 29" WEST 198.77 FEET,'THENCE NORTH 3O 29' 44" WEST 297.39 FEET, THENCE
SOUTH 800 22' 44" EAST 119.31 FEET, THENCE SOUTH 40° 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
sections 748. gt m..
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 a&r transfer of individual interests to the
MPROP-assisted residents.
3. Individual Loan Terms
a. Principal *
knourlt: Not to exceed the lesser of
(ii) 50 percent of the cost of acquiring the resident’s individual interest
-: (including purchase price and closing costs); or
(iii) the difference 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 affordable, as defmed in
the MPROP regulations.
b. Term: The shortest term consistent with affordable housing costs, not to exceed 20 years.
C. Interest Rate: Three percent per year, simple interest.
d. Payments: Periodic payments shall be in the maximum amount consistent with affordable
housing costs, as delined in the program regulations. All unpaid principal and
accrued interest is due in full upon sale or transfer.
Carlsbad Resident Association and
City of Carlsbad Contract No. 96-MPROP-057
Page 2 of 2
e. security: 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 sat&% 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.
.= -