HomeMy WebLinkAbout2003-03-04; City Council; 17089; Acquisition of Property: 2578 Roosevelt StreetJOINT MEETING OF THE
CITY OF CARLSBAD AND
HOUSING AND REDEVELOPMENT COMMISSION
AGENDA BILL
AB# 17,089
MTG. 3-4-03
DEPT. HD. TITLE: ACQUISITION OF PROPERTY
2578 ROOSEVELT STREET . ” “ CITY ATTY.
DEPT. H/RED CITY MGR.
I “
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2003 - 057 , APPROVING certain
actions and appropriating funds related to the Carlsbad Redevelopment Agency’s acquisition of
property located at 2578 Roosevelt Street for affordable housing purposes.
That the Housing and Redevelopment Commission ADOPT Resolution No. 362 9
APPROVING certain actions and appropriating funds related to the Carlsbad Redevelopment Agency’s
acquisition of property located at 2578 Roosevelt Street for affordable housing purposes.
ITEM EXPLANATION:
In 2002, the property at 2578 Roosevelt Street was available for purchase from the current private
property owner. After a comprehensive review of the benefits related to the Redevelopment Agency’s
purchase of the property, staff recommended the site acquisition. The City CounciVHousing and
Redevelopment Commission subsequently authorized the Housing and Redevelopment Director to
enter into negotiations to purchase the site.
City staff and representatives of the landowner prepared and executed the attached escrow instructions
(see Exhibit 3), and are now prepared to close the transaction through final recordation of the Deed.
With approval of a finding by the Housing and Redevelopment Commission that the acquisition is
consistent with the goals and objectives of the Village Master Plan and Design Manual, Village
Redevelopment Plan and the General Plan, and will ultimately result in the elimination of blight or a
blighting influence within the Village, the Agency will be able to complete the purchase transaction and
assume ownership of the subject property.
The Council/Commission previously authorized the Housing and Redevelopment Director to complete
negotiations and enter into an agreement to purchase the subject property for affordable housing
purposes not to exceed $750,000. After conducting due diligence research, it was learned that the
property was approximately 2,000 square feet smaller than was noted in the original purchase
agreement. Thus, staff and representatives of the landowner prepared and executed an amendment to
the purchase contract with a negotiated price of $690,000 to reflect the smaller property size. Staff and
the landowner are now prepared to proceed with the transaction. Staff is recommending that the City
Council and the Housing and Redevelopment Commission take action to authorize acquisition of the
subject property with all of the individual actions described below, including appropriation of the required
funding.
~ Consistencv with the Goals and Obiectives of the Villase Master Plan and Design Manual.
The Village Master Plan and Design Manual indicates that one of the goals for the Village
Redevelopment Area is to “establish Carlsbad Village as a Quality Shopping, Working and Living
Environment.” The Agency intends to ultimately lease or sell the subject property to a private developer
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for construction of affordable housing, which will revitalize the area. The property is within easy walking
distance of many of the service facilities, retail locations, mass transit and other amenities offered within
the Redevelopment Area. The construction of affordable housing will enable the Agency to accomplish
the goal of creating a Quality Shopping, Working and Living Environment, and is therefore consistent
with the Goals and Objectives of the Village Master Plan and Design Manual.
Also, the main objective of any Redevelopment Project Area is to eliminate blight and blighting
influences that presently exist in the project area. At the time the Redevelopment Agency initiated the
acquisition, the site contained an uninhabitable, boarded-up residence. In addition, the site served as an
informal storage yard. As a requirement of the Agency’s purchase, the property owner has removed the
structure and all of the material stored on-site. Therefore, the purchase of the subject property will assist
the Redevelopment Agency to meet the primary redevelopment objective of eliminating blight.
The Carlsbad Redevelopment Agency’s 2000-2004 Redevelopment Implementation Strategy includes
an affordable housing production plan that indicates the Redevelopment Agency intends to assist in the
production of 253 units of newly constructed affordable housing units. To date, the Agency has assisted
in the production of 138 new units. Acquisition of the subject property will assist the Agency in meeting
a portion (approximately 10 units) of this production goal. The subject Strategy also requires that
covenants be placed on the property to ensure the long-term maintenance and affordability of the
designated affordable housing units for a minimum of thirty (30) years. For the ultimate development of
the property, staff will require long-term affordability requirements for the life of the project which is
anticipated to be a minimum of fifty-five (55) years.
Propertv Ownership:
At this time, staff is proposing that the Redevelopment Agency retain ownership of the subject property.
If so desired, at a later date, a decision may be made to allow an affordable housing developer to lease
or purchase the property from the Redevelopment Agency and maintain the noted covenants for
affordable housing purposes. At the close of escrow, it is the intent of staff to issue a request for
proposaVqualifications to identify an affordable housing organization to develop and operate the
proposed project. Within the attached Housing and Redevelopment Commission Resolution, staff has
requested authorization to proceed with efforts to identify and select an appropriate affordable housing
developer/operator through a request for proposal or qualifications (RFP/RFQ) process.
Acquisition of the subject property by the Redevelopment Agency is consistent with the Housing
Element of the General Plan, which requires that affordable housing opportunities be provided for all
income levels within the community. The primary focus of the City’s efforts is on the provision of
affordable housing for lower income households. Affordable housing for very low households is a high
priority both within the City’s Housing Element and the City’s Consolidated Plan.
General Plan Consistencv:
The City’s General Plan includes a Goal for the Village Redevelopment Area, which states that the City
“preserves, enhances, and maintains the Village as a place for living, working, shopping, recreation,
civic and cultural functions while retaining the village atmosphere and pedestrian scale.” The objective
for the Village as set forth in the General Plan is “to implement the Redevelopment Plan by developing a
comprehensive plan to address the unique residential and commercial needs of this segment of the community.’’
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Page 3 of AB # 17,089
On February 24, 2003, the Design Review Board made a finding that the purchase of the subject
property is consistent with the General Plan because the long-range plan for the property will result in
the production of new affordable housing units within the Village Redevelopment Area. The new
residents will enjoy the living, working, shopping, recreation, civic and cultural opportunities that are
provided in the Village.
Consistency with Village Redevelopment Plan
As required by Redevelopment Law, the Carlsbad Village Redevelopment Plan indicates that not less
than 20% of all taxes allocated to the Agency have been pledged to increasing and improving the
community supply of housing for persons with low and moderate income. These funds may be used
inside or outside the project area upon a resolution of the Agency and the legislative body that the use
will be of benefit to the project area. With approval of the attached Housing and Redevelopment
Commission resolution, the acquisition and rehabilitation of the subject property is found to be
consistent with the Village Redevelopment Plan and of benefit to the project area.
Environmental Review:
The action to acquire the subject property is exempt from environmental review under CEQA. The
property is being acquired for the purpose of construction of affordable housing. Therefore, the
acquisition is exempt from environmental review pursuant to Section 15280 of the State CEQA
Guidelines. However, the future development proposed for the site will require separate environmental
review under CEQA at a later date.
In addition, because the purchase of the property involves the use of federal HOME and CDBG funds,
environmental review under the National Environmental Protection Act (NEPA) was also required. An
Environmental Assessment required by 24 CFR 58, Section 58.36 was performed. The result of the
Environmental Assessment was that a Finding of No Significant Impact (FONSI) was made, and no
further review under NEPA is required. The City has received approval of its Request for Release of
Funds from the U.S. Department of Housing and Urban Development as a result of this environmental
determination.
FISCAL IMPACT:
The negotiated price for the property is $690,000. With taxes, escrow and recording fee, the total cost of
the acquisition is estimated to be $695,000. The property is being purchased under no threat of
condemnation. Funding is available from the Redevelopment Low and Moderate Income Housing Fund,
the Federal Community Development Block Grant (CDBG) Program, and the Federal Home Investment
Partnership Program Fund (HOME) Program. To date a $50,000 deposit from Redevelopment Low and Moderate Income Housing Funds has been placed into escrow. Prior to the close of escrow the City will wire the balance of the purchase price, three hundred, seventy six thousand, three hundred and fifty
one dollars ($376,351) in CDBG funds and two hundred, sixty eight thousand, six hundred and forty
nine dollars ($268,649) in HOME funds, to the escrow holder. The funds will be released to the seller
upon execution of the Certificate of Acceptance for the Deed by the City Clerk.
EXHIBITS:
1. City Council Resolution No. 2003 - 057
3. Escrow Instructions
4. Grant Deed
2. Housing and Redevelopment Commission Resolution No. 362
EXHIBIT 3
TO AB 17,089
AGREEMENT FOR PURCHASE OF
REAL PROPERTY AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS (the “Agreement”) is made this 2o-r~ day of
Carlsbad Redevelopment Agency, a body corporate and politic, ( “Buyer”).
TULV , 203, by and between SOT0 FAMILY TRUST, (“Seller”), and the
RECITALS
WHEREAS, Seller is the owner of that certain parcel of real property>
located in the City of Carlsbad, State of California, at 2578 Roosevelt Street, consisting
of a site measuring 109 feet x 245 feet (.616 acres) with a small vacant single-family
residence (the “Property”), more fully described in Exhibit “A” attached hereto and by
this reference incorporated herein.
WHEREAS, Seller desires to sell and Buyer desires to purchase the
Property.
NOW, THEREFORE, the parties hereto agree as follows:
TERMS AND CONDITIONS
1. - SALE. For good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, Seller agrees to sell and Buyer agrees to purchase
from Seller the Property, upon the terms and conditions contained in this Agreement.
2. OPENING OF ESCROW. Within two (2) business days after the
execution of this Agreement by both parties, the parties shall open an Escrow
(“Escrow”) with First American Title Companv by causing an executed copy of this
Agreement along with fifty thousand dollars ($50,000) to be deposited with Escrow
Holder. This deposit shall be credited to the Purchase Price in event the sale and
purchase of the Property is completed under and pursuant to the terms set forth in this
Agreement. If the sale is not completed, the deposit shall be returned to Buyer.
3. PURCHASE PRICE. The purchase price for the Property shall be seven
hundred fifty thousand dollars ($750,000) (the “Purchase Price”), payable in cash or its
equivalent on or before close of Escrow.
4. DUE DILIGENCE.
A. Due Diliaence Period. The “Due Diligence Period” shall be a
period of time to expire sixty (60) days following open of escrow in which Buyer shall
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conduct all investigations, inspections, studies, reports and analyses which Buyer
deems necessary or prudent for its determination of whether or not to purchase the
Property. The foregoing shall include, without limitation, Buyer's review and evaluation,
in Buyer's sole discretion, of the feasibility of the property for Buyer's use, Buyer's
space requirements, the physical, geological and environmental condition of the
Property, permits, zoning, entitlements, land use issues, ingress and egress, parking,
water, sewer, electrical and other utilities, title, tenancies, possessory rights, and
financing.
B. Riaht to Enter. Seller grants to Buyer the right to enter upon the
Property at reasonable times prior to the close of Escrow for the purpose of making
surveys, engineering studies, soil tests and any other tests or studies deemed
necessary in connection with Buyer's proposed development of the Property, provided,
however, that except for Seller's negligence or willful misconduct, Buyer hereby agrees
to indemnify and hold Seller harmless from any liens or claims which may be asserted
against the Property or against the Seller as a result of Buyer 's or its agents' entry on
the Property. This indemnity hereinabove shall survive this Agreement and close of
Escrow.
C. Disapproval. Buyer may disapprove any matters pertaining to the
Property and this transaction in Buyer's sole discretion prior to the expiration of the Due
Diligence Period, including, without limitation, the matters enumerated in Section 4 A
hereof. Such disapproval shall be effected, if at all, by Buyer's written notice which
must be received by Seller and by Escrow Holder prior to 500 p.m. on the last day of
the Due Diligence Period. Buyer's failure to comply with the foregoing with respect to
any matter, item, fact or issue pertaining to the Property shall constitute Buyer's
unconditional and irrevocable approval thereof and Buyer's waiver of all objections
thereto, and Buyer shall have no further right to terminate this Agreement based on
such matters.
D. Riqht to Cure. If the Buyer disapproves any matter arising out of
the Buyer's due diligence, the Seller shall have the right to cure the disapproved item if
such cure will not delay close of escrow. If the Seller elects not to cure a disapproved
item, the Buyer will have the right to either 1) accept title to the Property subject to the
disapproved item; or 2) to terminate the Purchase Agreement. Seller's right to cure a
disapproved item shall not apply to the curing of hazardous substances.
E. Termination. If Buyer timely and properly disapproves any
condition, issue or matter related to the Property, which is not timely cured by Seller,
then except to the extent of the parties' respective indemnification obligations and
representations and warranties contained herein, which shall survive the Closing or any
cancellation or termination of this Agreement, neither party shall have any further
obligations or liabilities to the other following any such termination of this Agreement.
5. TITLE. Seller shall provide Buyer with a current Preliminary Title Report
within two (2) business days of execution of this Agreement.
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A. Permitted Exceptions. All items referenced in the Preliminary Title
Report or in the underlying documents which are not disapproved in writing by Buyer
prior to the expiration of the Due Diligence Period shall be deemed to be Permitted
Exceptions, subject to Buyer's right to disapprove any newly disclosed title matters.
Notwithstanding Buyer's title approval rights as set' forth herein, it shall be a condition
precedent to Buyer's obligation to close the Escrow hereunder that title to the property
shall be free and clear of all monetary liens against the property other than the lien of
non-delinquent real property taxes and, assessments, and any monetary liens or other
matters arising from Buyer or Buyer's agents' entry, inspections, investigations,
financing or other activities.
B. ALTA Policv. At the close of Escrow, Seller shall provide Buyer
with an ALTA Owner's policy of title insurance in the amount of the Purchase Price,
subject only to preprinted exceptions and to any exceptions approved pursuant to this
section. Seller shall also pay the insurance premium for a standard CLTA insurance
policy. Buyer shall obtain the survey required for issuance of an ALTA extended
coverage owner's policy and shall be responsible for the cost of the survey and any
excess premium for the extended coverage.
6. CONDITIONS OF PURCHASE. The purchase of the Property shall be
subject to the following conditions:
A. Demolition and Clearinq. Seller shall be required to obtain all
appropriate permits and completely demolish the existing single family home on the
property prior to the close of escrow, and shall be required to remove all trash and
debris from the site prior to close of escrow.
8. Damaae or Destruction. Prior to Closing, risk of loss of the
Property by damage or destruction, or condemnation by governmental entity by other
than Buyer, shall be borne by Seller.
C. CEQA. City shall have completed any environmental review of the
project required by the California Environmental Quality Act.
7. CONFIRMATION OF SATISFACTION. Each of the parties to this
Agreement specifically acknowledges that the consummation of close of Escrow is
contingent upon compliance with the executory provisions of the Agreement, and that
the parties to the Agreement are and shall be the sole persons entitled and authorized
to determine whether all of the terms and provisions have been met or complied with
prior to the close of Escrow.
8. REPRESENTATIONS AND WARRANTIES.
A. Title. Seller warrants that title to the Property shall be free and
clear of all monetary liens against the Property other than the lien of non-delinquent real
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property taxes and assessments, and any monetary liens or other matters arising from
Buyer or from Buyer’s entry, inspections, investigations, financing or other activities.
B. Propertv Purchased “As-Is”. Upon providing the Notice to Proceed
with closing, Buyer acknowledges that it has inspected the Property and investigated its
physical characteristics and conditions, and hereby waives any and all objections to the
physical characteristics and conditions of the Property which would be disclosed by
such inspection. Buyer acknowledges that neither Seller nor any of its employees,
agents, or representatives has made any representations, warranties or agreements to
or with Buyer on behalf of Seller as to any matters concerning the Property, the present
use thereof, or the suitability of Buyer’s intended use of the Property.
C. Leases. Seller warrants that there are no existing leases and/or
rental agreements for the property.
D. Violations of Law and AQreements. Seller warrants that to its
knowledge there are no known violations of law, any order, judgment, injunction, award
or decree of a court, arbitrator or governmental or regulatory body, foreign or domestic,
against or binding upon Seller or of any agreements, related to the Property.
E. Litiqation and Claims. Sellers warrant that there is no pending
litigation, arbitration or claims by third parties directly relating to the Property.
F. Broker Commissions. Seller and Buyer each warrant that there
are no real estate agentdbrokers involved in this transaction and that no real estate
commissions, fees, or other compensation are owing in connection with this Agreement
or this transaction. Each party shall indemnify and hold the other party harmless from
the same and from any loss, cost, damage, or expense, including without limitation,
attorneys’ fees and costs of suit, appeal and collection, which such other party may
realize, suffer or incur therefrom.
9. DELIVERIES INTO ESCROW.
A. Deposits by Seller. On or before the last business day immediately
preceding close of Escrow, Seller shall deliver to the Escrow holder the following:
(i) Grant Deed. An executed grant deed (the “Grant Deed”), in recordable form, conveying all of Seller ’s right, title and interest in the Property to
Buyer.
(ii) Nonforeian Certification, Certificates required by 5 1445 of the internal Revenue Code of 1986, and the California Revenue and Taxation Code 5
18815, executed by Seller and in a form satisfactory to Buyer (the Nonforeign
Certification), to relieve Buyer of any potential transferee’s withholding liability under
such statutes.
(iii) Seller‘s Proof of Power and Authoritv. Proof of Seller’s
authority and authorization to enter into and perform under this Agreement, and such
proof of power and authority of the individuals executing or delivering any instruments,
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documents, or certificates on behalf of Seller to act for and bind Seller as may
reasonably be required by Buyer or the Escrow Holder.
(iv) Additional Documents. Any additional documents and/or
instructions as are necessary to comply with the terms hereof.
B. Deposits bv Buver. On or before two (2) business days immediately
preceding close of Escrow, Buyer shall deliver to Escrow Holder the following:
(i) Purchase Price. The unpaid portion of the Purchase Price as
provided in Paragraph 3 above, if any.
(ii) Buyer’s Proof of Power and Authoritv. Proof of Buyer’s
authority and authorization to enter into and perform under this Agreement, and such
proof of power and authority of the individuals executing or delivering any instruments,
documents, or certificates on behalf of Buyer to act for and bind Buyer as may
reasonably be required by Seller or the Escrow Holder.
(iii) Additional Documents. Any additional documents and/or
instructions as are necessary to comply with the terms hereof.
C. Escrow Close Date. Escrow shall close seventy-five (75) calendar days
following the date escrow is opened for this transaction. Time is of the essence for this
Agreement. The escrow date may be extended if additional time is required by either
Seller or Buyer to complete any actions set forth within this purchase agreement. Any
extension of the escrow shall be subject to prior written approval by both the Seller and
Buyer. Possession of the Property shall be delivered to Buyer upon close of Escrow.
10. ESCROW PROVISIONS.
A. Escrow instructions. This Agreement, when signed by Buyer and
Seller, shall also constitute Escrow instructions to First American Title and Insurance
Company. Some of the terms and conditions of this Agreement are additional matters
for the information of Escrow Holder but about which Escrow Holder need not be
concerned.
B. Deliverv of Documents/Execution in Counterpart. Escrow Holder
shall deliver the Title Policy to the Buyer and instruct the County Recorder of San Diego
County to mail the Grant Deed to Buyer at the address set forth herein after recordation.
This Agreement and any modifications, amendments, or supplements thereto may be
executed in counterparts and shall be valid and binding as if all of the parties’ signatures
were on one document.
C. Pavment of Costs. Seller shall pay one-half (1/2) of the Escrow
fee, any documentary transfer taxes, premium charges for a CLTA Title Policy and the
charge for drawing the Grant Deed. Buyer shall pay one-half (1/2) of the Escrow fee
and charges for recording the Grant Deed. All other costs of Escrow not otherwise
specifically allocated by this Agreement shall be apportioned between the parties in a
manner consistent with the custom and usage of Escrow Holder in San Diego County,
California.
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D. Amendments to Escrow Instructions. Any Amendment or
supplement to these Escrow instructions must be in writing. These Escrow instructions
constitute the entire Escrow between the Escrow Holder and the parties hereto.
11. MISCELLANEOUS.
A. Assiqnment. This Agreement shall be binding upon and shall inure
to the benefit of Buyer and Seller and their respective heirs, personal representatives,
successors and assigns. Buyer shall not be relieved of its responsibility and liability
under this Agreement as a result of any assignment.
B. Governinq Law. This Agreement shall be governed by the laws of
the State of California applicable to contracts made by residents of the State of
California and to be performed in California. Venue shall reside in the California State
Superior Courts located in Northern San Diego County.
C. Notices. Any notice which either party may desire to give to the
other party or to the Escrow Holder must be in writing and may be given by personal
delivery or by mailing the same by registered or certified mail, return receipt requested,
to the party to whom the notice is directed at the address of such party hereinafter set
forth, or such other address as the parties may hereafter designate:
TO SELLER: Soto Family Trust
Attn: Vera Soto
985 Oak Street
Carlsbad, Ca. 92008
TO BUYER: Housing and Redevelopment Director
City of Carlsbad
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008
D. Fair Meaninq. This Agreement shall be construed according to its
fair meaning and as if prepared by both parties hereto. This Agreement shall be
construed in accordance with the laws of the State of California in effect at the time of
the execution of this Agreement.
E. Amendments. Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be made by written instrument or
endorsement thereon and in each such instance executed by of each party hereto.
F. Merqer of Prior Aqreements and Understandinas. This agreement
and other documents incorporated herein by reference contain the entire understanding
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between the parties relating to the transaction contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statements, oral or
written, are merged herein and shall be of no further force and effect.
G. Warranties to Survive Escrow . The warranties and agreements
contained herein shall survive the close of Escrow and shall be binding upon and inure
to the benefit of the parties hereto and their representatives, heirs, successors and
assigns.
H. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement of
Purchase and Sale of Real Property and Escrow Instructions as of the date set forth
above.
SELLER: BUYER:
Vera Soto Trust CARLSBAD REDEVELOPMENT
Name of Seller
(or designeehitle)
\/ERA AGU~LAP fRV3Tt35
(print name and title)
Date: 3 * 3 0-02,
By: \
Date: 7 /3&2-
(Proper notarial acknowledgment of execution by Buyer and Seller must be
attached.)
Chairman, president or vice-president and secretary, assistant secretary, CFO
or assistant treasurer must sign for corporations, Otherwise, the corporation
must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:
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Sent By: FIRST AMERICAN; 760 268 4299; Feb-19-03 10:18; Page 919
j First American Title Company
6005 Hidden Valley Road Suite 160, Carisbad, CA 92009
(760) 268-4205 Fax - (760) 268-4299 j 1 AMENDMENT TO ESCROW IIYSTRUCTXONS
I
To: First: Amerlcan TI le Company i October 10,2002
File No: DCB-607073 (DD)
Ae *w&.R-*
The above referenced &row Is hereby modified in the following particulars Only:
1. Buyer's Due Diligence Perlod is hereby extended to 5:00prn, December 2,2002. Buyer to deposit written approval/disapprovaI by said date and time.
€arbbad, CA .. - . .. .,~ -
ALL OTH~R TERMS AND CONDITIONS OF THIS ESCROW WIU REMAIN THE SAME.
Sot0 Family Trust 1
I
Vera Aguilar Soto, Tdstee I
Vera Soto, Individual . . - . . ._ .. . .. - . . ,. . .,.. . .. ,
I Carlsbad Redevelopment Agency
PLEASE SIGN & RETURN
Sent By: FIRST AMERICAN; 760 268 4299; Feb-19-03 10:18; Page 8/9
First American Title Company
6005 Hidden Vailey Road Suite 160, Cartsbad, CA 92009
(760) 268-4205 Fax - (760) 268-4299 i 1 AMENDMENT TO ESCROW INSTRU~ONS
To: Arst American Ti e Company October 10,2002
File No: DCB-tW7073 (DO) r
I@"'= .' '
Re: 2S70RaaSevelt
The above referenced row is hereby modlfled in the following particulars onb
1. Buyer's Due Diligence Period is hereby extended t.0 5;00pm, December 2,2002. Buyer to dcpasit written
approval/disapproval by said date and the.
. . - -
ALL OTH$R TERMS AND COND~ONS OF THIS ESCROW WILL REMAIN THE SAME.
i
SotaFamily Trust ;
,
Carisbad Redeveloprhnt Agency
By: Raymond Patehett
Sent By: FIRST AMERICAN; 760 268 4299; Feb-19-03 10:17; Page 519
i FitstAmetfwn Title Cornparry
600 Hii##en Vat.4eyRdSuite lm, &dsW, c4 92009 (760) 268-4245 fax - (7H) 268-4299
I AMENDMENT TO ESCROW INSTRUCTIONS
To: First AmerlcanTitl Company I! December 03,2002
File No: PCB-607073 (DD)
I
1. Buyer's Due'Diligence period is hereby extended to S:OOpm, January 15,2003. Buyer tn deposit
2. The parties bcknowiedge that the close of escrow is hereby extended to January 31,2003,
written app m val/disapproval by said date and time.
i
ALL OTH R TERMS AND CONDITIONS OF THIS ESCROW WILL REMAIN THE SAME. 1. i
Soto Family Trust ,
1 I
Vera Aguilar Soto, T stee 3 1
I
- Soto, Individual ' ., . . . _" -. . .
Carisbad Redevelopnjrent Agency
By: Rahond Pa@ett .
I Sent By: FIRST AMERICAN; 760 260 4299; Feb-19-03 10:17; Page 6/9
To: First American Title Company December 03,2002
File No: DCB-607073 (DD) .
Re: 2578 Roosevelt S 'a, Carlsbad, CA 7
The above refermeid is-tiiieljjiMifled in the'fallowlng particulars Oniy: ' - ... .. .
1, Buyer's Due Dillgcnce period is hereby extended to 5:00pm, January 15,2003. Buyer to deposit
2. The parties &chowledge that the close of escrow is hereby extended to January 31, 2003.
written app 4 valjclisapprovdl by said date and time.
I
ALL CrrH TERMS AND CONDKIONS OF THIS ESCROW WILL REMAIN WE SAME. f
. . ." ".
--- "' 1
Carlsbad Redevelopdent Agency
6y: Raymond Pa&hett
, i I
..
. .
I
1. Buyer's Do4 Diligence period Is hereby extended to Ei:OOpm, February 18,2003. Buyer to deposit written app/roval/dkpproval by said date and time.
ALL OTHFR ERMS AND CONDITIONS OF THIS ESCROW WILL WMAIN THE SAME. i
... ._ ...... - .. .. _-
I
Carlsbad Redevelopment Agency
I i
I By: Raymond Pdchett
......... ".l,.. ..... I .... ............. ,..., ..
Page lof 1
Sent By: FIRST AMERICAN; 760 268 4299; Feb-19-03 10:16; Page 3
January r5,2003
Flle No; DCB-607073 (DD)
The above referenced row is heteby modified in the following particulars only; 7
1, Buyer's DuelDlligence period is hereby extended to 5:00prn, February 18,2003. Buyer to deposit written app val/disapproral by said date and time.
2. The parties cknowledge that the close of escrow Is hereby extended to March 3,2003. -1
R TERMS AND CWYD~IONS OF THIS ESCROW WIlL REMAIN THE SAME.
Soto Family Trust i
I Vera Aguilar Soto, Tt$stee
I
.... . ..... ....... " .-... - ...
Carlsbad Redevelop ent Agency n 6 I
RECEIVED JAM 2 3 2003
PkASE SIGN & RETURN
Fags lob 1 I
r I . 4
AGREEMENT FOR PURCHASE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS
AMENDMENT NO. 4
This is AMENDMENT NO. 4 to the original AGREEMENT FOR SALE AND
PURCHASE OF REAL PROPERTY AND ESCROW INSTRUCTIONS executed on
July, 30, 2002, and is made this / f 7H day of &%&&X$-, 2003, by and
between SOT0 FAMILY TRUST, (“Seller”), and the CARLSBAD
REDEVELOPMENT AGENCY, a body corporate and politic, (“Buyer”). -
RECITALS
WHEREAS, the Seller and the Buyer executed an Agreement for Purchase of
Real Property and Escrow Instructions on July 30, 2002 for that certain parcel of real
property located in the City of Carlsbad, State of California, at 2578 Roosevelt Street.
WHEREAS, the Seller and the Buyer desire to amend the original Agreement to
reduce the size of the property being purchased to 25,410 square feet and the purchase
price accordingly to $690,000, based on a required lot line adjustment to address
encroachments identified during the ALTA Survey.
NOW, THEREFORE, the parties hereto agree as follows:
TERMS AND CONDITIONS
1. PROPERTY. The findings of the Alta Survey completed by
Buyer during the due diligence period indicated that there were encroachments on the
subject property from adjacent properties. The Seller has agreed to process a lot line
adjustment to eliminate the encroachments on the Property prior to the close of escrow.
The lot line adjustment shall reduce the size of the subject property from 26,705 square
feet to no less than 25,410 square feet.
2. PURCHASE PRICE. Paragraph No. 3 of the original Agreement
shall be amended to reduce the purchase price for the subject property from $750,000 to
$690,000.
3. SALE. Seller agrees to sell and Buyer agrees to purchase from
Seller the Property subject to the terms and conditions set forth within this Amendment,
with all other conditions of the original Agreement to remain the same.
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4. Escrow Close Date. Paragraph 9(C) of the original Agreement
shall be amended to extended the Escrow Close Date to March 11, 2003 to allow
additional time for both the Seller and Buyer to complete any and all actions set forth
within the original Agreement and this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 4 to Agreement of Purchase and Sale of Real Property and Escrow Instructions as of
the date set forth above.
SELLER: BUYER:
VERA SOT0 TRUST
Vera Aguilar Soto, Trustee Z&+jJ Y/ Date: FEB 1 1 2003
City Clerk
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
G& MOBALDI
Askistant City Attorney
Sent By: FIRST AMERICAN;
:RECOkDXNG ReQUESED BY First American Title Company
AND WHEN RECORDED MAIL TO:
Carlsbad Redevelopment Agency
2578 Roosevelt Street
Carkbad, CA
760 268 4299; Oct-1 -02 16115; Page 315
EXHIBIT 8 4
TO AB 17,089 1
1 Space ave This for Recorder's
GRANT DEED
FOR A VALUABLE CONSIDERATION, recelpt of which is henby acknowledged, Vera Agullar SOtO, Trustee
under the Vera Aguilar Soto Trust who acquired title as Vera Soto Individually
hereby GRANTS to Carlsbad Redevelopment Agency
the following described property in the City of Carlsbad, County of San Diego, State of California;
See Attached Exhlbit "A"
Dated: mber QS.2902
Soto Family Trust
Mail Tax Statements To: SAME AS ASWE or Address Shown Below
27
Sent By: FIRST AMERICAN; 760 268 4299; OCt-1 -02 16:15; Page 415
A.P.N.: - Grant Deed - continued File NO.: bcB-607013 (DD)
Date: 09[05/2002
Page 26 3
Sent By: FIRST AMERICAN; ..
A.P.N.:
'.
760 268 4299; Oct-1-02 16:16; Page 5/5
File No.: DCB-607073 (DD)
Date: 09 f 05/2002
Exhiblt "A"
Lot 44 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of Callfornia, according to
Map thereof No. 1722, filed [n the office of the County Recorder of said San Oiego County July 28,1921;
E%cepting the plortheasterly 120 feet thereof, said Northeasterly 120 feet being measured along the
Southeasterly llne of said lot and parallel with the Northeasterly line of said Lot 44.
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CITY COUNCIL RESOLUTION .. 2 Q @S- 0 5 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CERTAIN ACTIONS AND
APPROPRIATING FUNDING FOR ACQUISITION OF PROPERTY AT
2578 ROOSEVELT STREET BY THE REDEVELOPMENT AGENCY
OF THE CITY OF CARLSBAD TO DEVELOP HOUSING FOR LOWER
INCOME AFFORDABLE HOUSING PURPOSES
WHEREAS, the City of Carlsbad has a significant need for affordable housing
throughout the community as set forth in both its Housing Element of the General Plan and the
City’s federally-required Consolidated .. Plan;
WHEREAS, the provision of affordable housing within the Village Redevelopment Area
will have a substantial benefit to the Redevelopment Project Area, as well as the remainder of the
community; and
WHEREAS, the City Council, acting as the Housing and Redevelopment Commission,
previously authorized Redevelopment Agency Staff to enter into negotiations and execute a
contract to purchase property at 2578 Roosevelt Street for affordable housing purposes; and
WHEREAS, Redevelopment Agency Staff has completed negotiations with the current
property owners to acquire the property at 2578 Roosevelt Street, under no threat of
condemnation and at a fair market value, for the purpose of developing affordable housing
opportunities for lower income households; and
WHEREAS, the Design Review Board, based on the facts presented to it, found that the
acquisition of the subject property is consistent with the General Plan; and
WHEREAS, based on the facts presented to the City Council, the council has determined
that the acquisition of the subject property is consistent with the goals and objectives of the
Village Redevelopment Plan and of benefit to the project area; and
WHEREAS, acquisition of the subject site and the ultimate development of an
affordable housing project will increase affordable housing inventory within the City of
Carlsbad.
WHEREAS, per Section 15280 of the State CEQA Guidelines, the acquisition of the
property is exempt from environmental review under CEQA because the acquisition is for the
purpose of developing affordable housing; and
WHEREAS, an Environmental Assessment required by 24 CFR 58, Section 58.36 of the
National Environmental Protection Act was performed by staff and a Finding of No Significant
Impact was made, and no further review under NEPA is required.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City
of Carlsbad, as follows:
1. The above recitations are true and correct.
9 ,%
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CC Resolution No. 2003- 057
Page 2
2. The City Council, acting as the Housing and Redevelopment Commission, previously
authorized the Housing and Redevelopment Director to negotiate and execute a purchase
agreement for the property at 2578 Roosevelt Street for affordable housing purposes.
3. The City Council hereby APPROVES the acquisition of the property at 2578 Roosevelt
Street by the Carlsbad Redevelopment Agency in the amount of Six Hundred Ninety
Thcusand dollas ($690,000) for the purpose of developing affordable housing to serve
lower income households, subject to all terms and conditions set forth in the previously
executed purchase agreement and related escrow instructions.
4. The City of Carlsbad Federal Home Investment Partnership Program Funds (HOME) and
Community Development Block Grant Funds (CDBG) will be used by the
Redevelopment Agency in combination with Redevelopment Low and Moderate Income
Housing Funds to finance the acquisition of the subject property for lower income
affordable housing purposes.
5. The City Council authorizes the Housing and Redevelopment Director to forward a
request to the County of San Diego to process a wire transfer of $268,649 in previously
approved federal HOME funds to the escrow holder to assist with the Redevelopment
Agency’s acquisition of the property located at 2578 Roosevelt Street.
6. The Finance Director is hereby authorized to forward $376,35 1 in previously
appropriated federal CDBG funds to the escrow holder to assist with the Redevelopment
Agency’s acquisition of the property located at 2578 Roosevelt Street.
7. The City Council authorizes the Housing and Redevelopment Director to execute all
appropriate acquisition documents as deemed appropriate and subject to prior approval of
the City Attorney.
8. The City Council authorizes the City Clerk to execute the Certificate of Acceptance of
the Deed for the subject property, upon preparation by the Escrow Officer and on behalf
of the Redevelopment Agency.
f/f
Iff
Iff
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9. The City Council authorizes the staff to proceed with issuance of a Request for Proposal
or Request for Qualifications to seek a qualified non-profit affordable housing developer
to work in partnership with the Redevelopment Agency to develop affordable housing on
the subject site.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 4' day of March, 2003 by the following
vote, to wit:
AYES:council Members Lewis, Finnila, Kulchin-
NOES: Council Members Hall and Packard.
ABSENT: None.
ABSTAIN: None.
CLAUDE A. LEWIS , Mayor
ATTEST:
LPINE M. WOOg/City Clerk ,/
t
(SEAL)
CC Resolution No. 2003-057
Page 3
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HOUSING AND REDEVELOPMENT RESOLUTION NO * 362
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING CERTAIN ACTIONS AND APPROPRIATING FUNDING
FOR ACQUISITION OF PROPERTY AT 2578 ROOSEVELT STREET
BY THE REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD
TO DEVELOP HOUSING FOR LOWER INCOME AFFORDABLE
HOUSING PURPOSES
WHEREAS, the Redevelopment Agency of the City of Carlsbad, hereinafter referred to
as “Agency”, is a Community Redevelopment Agency organized and exiting under the
Community Redevelopment law, health and Safety Code Section 33000, et. Seq., hereinafter
referred to as the “Act”; and
WHEREAS, the Agency is authorized to implement the Redevelopment Plan for the
Carlsbad Village Redevelopment project Area; and
WHEREAS, Section 33334.2 of the Act requires that no less than twenty percent (20%)
i of all taxes which are allocated to the Agency be used for purposes of increasing and improving
1 the community’s supply of low and moderate income housing; and
WHEREAS, pursuant to Section 33334.2(g) of the Act, the Agency may use these hds
inside or outside the project area upon a resolution of the Agency and the legislative body that the
use will be of benefit to the project. This determination shall be final and conclusive as the issue
of benefit to the project area; and
WHEREAS, to carry out the purposes of increasing and improving the community’s
supply of low and moderate income housing, Section 33334.2(e) of the Act states that the
Agency may exercise any or all of its powers, including without limitations, acquiring land or
building sites, improving land or building sites with onsite or off-site improvements, donation of
land to private or public persons or entities, constructing buildings or structures, acquiring
buildings or structures, providing subsidies to, or for the benefit of, very low income households,
lower income households, or persons or families of low and moderate income, or other powers to
cany out the purposes of the Act; and
WHEREAS, the City of Carlsbad has a significant need for affordable housing
throughout the community as set forth in both its Housing Element of the General Plan and the
City’s federally-required Consolidated Plan;
WHEREAS, the provision of affordable housing within the Village Redevelopment Area
will have a substantial benefit to the Redevelopment Project Area, as well as the remainder of the
community; and
WHEREAS, the Housing and Redevelopment Commission, previously authorized
Redevelopment Agency Staff to enter into negotiations and execute a contract to purchase
property at 2578 Roosevelt Street for affordable housing purposes; and
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HRC Resolution No. 362
Page 2
WHEREAS, Redevelopment Agency Staff has completed negotiations with the current
property owners to acquire the property at 2578 Roosevelt Street, under no threat of
condemnation and at a fair market value, for the purpose of developing affordable housing
opportunities for lower income households; and
WHEREAS, based on the facts presented to the Commission, the Commission has
determined that the acquisition of the subject property is consistent with the goals and objectives
of the Carlsbad Village Redevelopment Plan, the Village Master Plan and Design Manual, the
2000 - 2004 Village Redevelopment Area Implementation Plan and the Housing Element of the
General Plan; and
WHEREAS, acquisition of the subject site and the ultimate development of an affordable
housing project will increase affordable housing inventory within the City of Carlsbad, and for
the benefit of the Village Redevelopment Area; and
WHEREAS, per Section 15280 of the State CEQA Guidelines, the acquisition of the
property is exempt from environmental review under CEQA because the acquisition is for the
purpose of developing affordable housing; and
WHEREAS, an Environmental Assessment required by 24 CFR 58, Section 58.36 of the
National Environmental Protection Act was performed by staff and a Finding of No Significant
Impact was made, and no further review under NEPA is required.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and
Redevelopment Commission of the City of Carlsbad, as follows:
1.
2.
3.
4.
The above recitations are true and correct.
The Housing and Redevelopment Commission previously authorized the Housing and
Redevelopment Director to negotiate and execute a purchase agreement for the property
at 2578 Roosevelt Street for affordable housing purposes.
The Housing and Redevelopment Commission hereby APPROVES the acquisition of the
property at 2578 Roosevelt Street by the Carlsbad Redevelopment Agency in the amount
of Six Hundred Ninety Thousand dollars ($690,000) ,for the purpose of developing
affordable housing to serve lower income households, subject to all terms and conditions
set forth in the previously executed purchase agreement and related escrow instructions.
The City of Carlsbad Federal Home Investment Partnership Program Funds (HOME) and
Community Development Block Grant Funds (CDBG) will be used by the
Redevelopment Agency in combination with Redevelopment Low and Moderate Income
Housing Funds to finance the acquisition of the subject property for lower income
affordable housing purposes.
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HRC Resolution No. 362
Page 3
5.
6.
7.
8.
9.
Ill
Ill
Ill
The City Council authorizes the Housing and Redevelopment Director to forward a
request to the County of San Diego to process a wire transfer of $268,649 in previously.
approved federal dOME funds to the escrow holder to assist with the Redevelopment
Agency’s acquisition of the property located at 2578 Roosevelt Street.
The Finance Director is hereby authorized to appropriate $268,649 in federal HOME
funds and to forward $376,351 in previously appropriated federal CDBG finds to the
escrow holder to assist with the Redevelopment Agency’s acquisition of the property
located at 2578 Roosevelt Street.
The Housing and Redevelopment Commission authorizes the Finance Director to expend
fifty thousand dollars ($50,000) fiom the Redevelopment Low and Moderate Income
Fund which have previously been placed on deposit with the escrow holder to assist with
the Redevelopment Agency’s acquisition of the property located at 2578 Roosevelt Street.
The Housing and Redevelopment Commission authorizes the Housing and
Redevelopment Director to execute all appropriate acquisition documents as deemed
appropriate and subject to prior approval of the City Attorney.
The Housing and Redevelopment Commission authorizes the City Clerk to execute the
Certificate of Acceptance of the Deed for the subject property, upon preparation by the
Escrow Officer and on behalf of the Redevelopment Agency.
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10. Upon completion of the purchase transaction, the Housing and Redevelopment
Commission authorizes the staff to proceed with issuance of a Request for Proposal or
Request for Qualifications to seek a qualified non-profit affordable housing developer to
work in partnership with the Redevelopment Agency to develop affordable housing on
the subject site.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the day of March, 2003 by the following
vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin.
NOES: Council Members Hall and Packard.
ATTEST:
(SEAL)
HRC Resolution No. 362
Page 4