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HomeMy WebLinkAbout2005-08-16; City Council; 18253; Purchase Affordable Housing Credits Villa Loma14 AB# 18,253 MTG. 811 6/05 DEPT. HlRED CI W oc a a 6 a .. z 0 F 0 d 0 z 3 0 0 a TITLE: REQUESTS TO PURCHASE AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA AFFORDABLE HOUSING PROJECT Project/Developer Tabata Subdivision DEPT. HD Locat ion Project ID Total # of Units Total # of Credits Black Rail Road & CT 03-06 16 3 CITY ATTY. (Evelyn & lsokazu Tabata) Emerald Pointe Estates Matchplay at La Costa (Michael Crews) Yamamoto Subdivision (Black Rail Development Partners) Shelley Properly (Fair Oaks Valley) Trimark Pacific Homes Vista La Costa (Shahla & Esrafil Abedi) Reedemer by the Sea Totals ADOPT Resolution 2005-266 APPROVING requests from eight (8) developers and/or property owners to purchase a total of 30 Affordable Housing Credits in the Villa Loma housing project in order to satisfy the affordable housing obligation of eight (8) different housing development projects under the City’s lnclusionary Housing Ordinance. Poinsettia Lane South of Palomar CT 02-07 14 2 Airport Road and Cobblestone Drive Navarra Drive and CT 04-20 8 1 Viejo Costilla Way Black Rail Road, CT 04-01 16 3 Between Songbird Ave. & Ocean Crest Ave. CT 02-1 7 49 9 CT 02-29 39 7 Gibraltar Street, CT 04-05 15 3 between Jerez Court & Romeria Street Black Rail Road & CT 00-22 12 2 Poinsettia 169 30 ITEM EXPLANATION: When the Villa Loma Affordable Apartment Project was constructed in 1996, it provided 344 units of housing affordable to lower income households. A total of 160 units within the project were set-aside to meet the lnclusionary Housing obligation of the Aviara housing development. The remaining 184 “surplus units” were set-aside as “housing credits” that could be purchased by future housing developers in the southeast and southwest quadrants of the City to satisfy their lnclusionary Housing obligations. At the discretion of the City Council, the credits may be sold at a price set by the Council. The current credit price is $45,000 and there are 57.07 remaining credits available for purchase. Following are the list of projects requesting to purchase credits in the Villa Loma Project: Page 2 of AB # 18,253 All of the above noted projects are eligible to purchase credits in the Villa Loma Affordable Housing Project because they are located in either the southwest or southeast quadrant of the City, and they represent small developments from an affordable housing perspective. Because of the constraints of the subject project sites and/or simply the small size of the projects, the noted applicants have elected to pursue the purchase of affordable housing credits rather than constructing units on the site of their market rate units. The City Council has adopted Policies 57 & 58 that govern the sale of affordable housing credits. The policies require the examination of the feasibility of an on-site proposal, the advantages and disadvantages of an off-site proposal, and whether the off-site project advances the City’s housing goals and strategies. The Affordable Housing Policy Team (staff) has reviewed all of the above requests and utilized the criteria contained in the policies in making their recommendation to approve the purchase of the credits for all of the noted projects. FISCAL IMPACT: The Affordable Housing Credit is currently $45,000 per unit. The purchase of a total of 30 credits by the noted eight developerdproperty owners will result in a payment of approximately $1.35 million to the City’s Housing Trust Fund. These funds are used to assist other affordable housing projects with their development costs. As an additional note, with approval of the credit purchases noted above, the City will have reserved or sold a total of 156.93 housing credits in the Villa Loma Apartment project. There will remain 27.07 credits available for purchase. After the credits noted above and the remaining credits are purchased, there will be no additional credits available within the Villa Loma Project to assist other developers with their lnclusionary Housing obligation. However, the Council did recently approve another 56 unit affordable housing project across the street from the Villa Loma Project. This project is a combined housing project and the 56 units are all considered “surplus units” which could be used as “housing credits” for other housing developers within the southeast and southwest quadrant of the City. Once this project, Cassia Heights Apartments, is constructed developers may purchase credits in the project with the approval of the City Council. 1. City Council Resolution No. 2005-266 approving purchase of credits by eight (8) developers with lnclusionary Housing obligations in the southwest or southeast quadrants of the City. 2. Draft Affordable Housing Agreements for proposed developments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2005-266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REQUEST BY EIGHT (8) DEVELOPERS/PROPERTY OWNERS TO PURCHASE A TOTAL OF 30 AFFORDABLE HOUSING CREDITS IN THE VILLA LOMA HOUSING PROJECT IN ORDER TO SATISFY THE AFFORDABLE HOUSING OBLIGATION OF THEIR HOUSING DEVELOPMENTS UNDER THE CITY’S INCLUSIONARY HOUSING ORDINANCE. CASE NOS: CT 03-06; CT 02-07; CT 04-20; CT 04-01; CT 02-17: CT 02-29: CT 04-05: CT 00-22 WHEREAS, housing developments identified by Tentative Maps CT 03-06, CT 02-07, CT 04-20, CT 04-01, CT 02-17, CT 02-29, CT 04-05, and CT 00-22 have received approval or are pending approval by the Planning Commission and/or City Council for a total of 169 market rate units; and WHEREAS, said developments have requested approval from the City of Carlsbad City Council for the purchase of a total of 30 affordable housing credits in the Villa Loma housing project to satisfy the inclusionary housing requirement of said Tentative Maps; and WHEREAS, the City Council did hold a public meeting to consider said request for the purchase of Affordable Housing Credits by said developments; and WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Council considered all factors relating to the application and request to purchase Affordable Housing Credits: NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Black Rail Page 2 of CC Reso# 2005266 Units Credits CT 03-06 16 3 2. The Council finds approval of the developer requests to purchase credits in the Villa Loma Affordable Housing development to be consistent with the goals and objectives of the City of Carlsbad’s Housing Element, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. Road & Poinsettia Lane South of Palomar Airport Rd & Cobblestone Dr Navarra Drive and Viejo 3. Based upon the analysis completed by the City’s Housing Policy Team and summarized within the City Council Staff Report, the City Council finds that the off- site satisfaction of the inclusionary housing requirement is in the public interest. CT 02-07 14 2 CT 04-20 a 1 4. That based on the information provided within the City Council Staff Report and testimony presented during the public meeting of the City Council, the City Council hereby APPROVES the request by the developers of the following housing developments to purchase a total of 30 affordable housing credits in the Villa Loma housing project in order to satisfy the affordable housing obligations of their housing developments under the city’s inclusionary housing ordinance: Costilkway Black Rail ProjecVDeveloper CT 04-01 16 3 Tabata Subdivision (Evelyn & lsokazu Tabata) Emerald Point Estates Ave. CT 02-17 Matchplay at La Costa (Michael Crews) Yamamoto Subdivision (Black Rail Development Partners) Shelley Property (Fair Oaks Valley) Trimark Pacific Homes 49 9 Location I Project ID I Total #of 1 Total #of Gibraltar Street, between Jerez Court & CT 02-29 39 7 CT 04-05 15 3 Romeria Street Black Rail CT 00-22 12 2 Road, Between Songbird Ave. & Ocean Crest Road & Poinsettia 169 Vista La Costa (Shahla & Esrafil Abed i) 30 Reedemer by the Sea Totals 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of CC Reso# 2005-266 5. That the City Council authorizes the Community Development Director or his or her designee to execute a standard Affordable Housing Agreement with each of the noted developers which allows them to purchase the number of housing credits in the Villa Loma Affordable Housing Development as set forth within this resolution, and subject to review and final approval by the City Attorney. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of , 2005 by the following the City of Carlsbad, California, held on the 16th day of AUGUST vote, to wit: ATTEST: AYES: Council Members Lewis, Hall, Kulchin, Sigaf oose NOES: None ABSENT: Council Member Packard ABSTAIN: None CLAUDE A. LEWIS , Mayor 3 5 DRAFT AFFORDABLE HOUSING AGREEMENTS CT-03; CT 02-07; CT04-20; CT04-01; CT02-17 CT02-29; CT04-05; CT00-22 Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad. California 92008 (Space above for Recorder’s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this day of 9 200-, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”), and Noboru & Evelyn Tabata and Isokazu Tabata, (hereinafter referred to as the “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT03-06 which provides conditional approval of the construction of sixteen (1 6) single family residential parcels (“Project”). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer’s affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 5722 provides that the Affordable Housing Obligation of three (3) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21 35.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER’S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developer’s obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land June 11,2002 covered by Carlsbad Tract No CT03-06 by reason of the approvals of the Tentative Map of CT03-06, including Condition No. listed in Planning Commission Resolution No.5722, Hillside Development Permit HDP 04-02, Coastal Development Permit (CDP 03-24), and any other applicable approval. (b) The Developer shall purchase three (3) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. of Planning Commission Resolution No. 5722. The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. of Planning Commission Resolution No. 5722. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT03-06. 4. HOLDHARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including attorneys’ fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 June 11,2002 TO THE DEVELOPER Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11,2002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY City of Carlsbad, a Municipal corporation By: Sandra L. Holder By: Xd&?-w [J& Name Noboru Tabata Title Owner Community Development Director By: > NKe Evelfn Tabata Title 1 By: Cl& Name I&kazu Tabata Title Owner If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney June 11,2002 1 1 STATE OF }ss. (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@) or the entity upon behalf of which the person(s) acted, executed the instrument. I I Other signatures not acknowledged Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL 1: The Northerly 180.00 feet of the Westerly 257.00 feet of the South Half of the Southwest quarter of the Southeast quarter of fractional Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof. PARCEL 2: That portion of the North Half of the Southwest quarter of the Southeast quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the South quarter corner of said Section 22; thence Northerly along the North-South center line of said Section 22, North 2" 18' 55" West, 1041.37 feet to the True Point of Beginning; thence South 89" 55' 47" East 250.00 feet; thence South 0" 04' 13" West to the South line of said North Half of the Southwest quarter of the Southeast quarter; thence Westerly along the said South line to the Southwest corner of said North Half; thence Northerly along said North-South center line of Section 22 to the True Point of Beginning. Excepting that portion lying Northerly of a line described as follows: Beginning at a point on the East line of the above described land which is distant thereon South 0" 04' 13" West 350 feet from the Northeast corner thereof; thence North 87" 51' West 235.93 feet to the North-South center line of Section 22. EXCEPTING THEREFROM said Parcels 1 and 2 the Westerly 30.00 feet as set forth in Final Order of Condemnation, San Diego Superior Court Case No. N 75923-1, in favor of the City of Carlsbad recorded January 6, 1999 as File No. 1999- 0007536 of Official Records. PARCEL 3: The Easterly 287 feet of the Westerly 544 feet of the Northerly 180.06 feet of the South Half of the Southwest quarter of the Southeast quarter of fractional Section 22, Township 12 South, Range 4 West, San Bernardino Meridian in the County of San Diego, State of California, according to the Official Plat thereof, said dimensions being measured along and parallel to the Westerly and Northerly EXHIBIT "A" Continued lines, respectively, of said South Half of the Southwest quarter of the Southeast quarter. PARCEL 4: The North half of the West half of the South half of the Southwest quarter of the Southeast quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof. EXCEPTING THEREFROM the Westerly 257 feet of the Northerly 180 feet of the South half of the Southwest quarter of the Southeast quarter of said Section 22. The aforementioned 257 foot and 180 foot dimensions being measured along and parallel to the Westerly and Northerly lines, respectively of said South half of the Southwest quarter of the Southeast quarter of said Section 22. ALSO EXCEPTING THEREFROM the Easterly 287 feet of the Westerly 544 feet of the Northerly 180.66 feet of the South half of the Southwest quarter of the Southeast quarter of said Section 22. The dimensions being measured along and parallel to the Westerly and Northerly lines, respectively, of said South half of the Southwest quarter of the Southeast quarter of said Section 22. PARCEL 5: The Northerly 20 feet of the South half of the West half of the South half of the Southwest quarter of the Southeast quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof. Said 20.00 foot strip lying Southerly, parallel and adjacent to the South line of Parcel 1 above. Assessor's Parcel Number: 215-080-20 & 215-080-28 215-080-21 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad City Clerk's Office Attn: Citv Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this day of , 2005, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and Saddleview, LLC a Delaware limited liability company (hereinafter referred to as the "Developer"), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of EMERALD POINTE ESTATES CT 02-07. The approval of the CT 02-07 provides conditional approval that the Developer purchase two (2) credits in the Villa Loma Apartment project. B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developers' affordable housing obligation ("Affordable Housing Obligation"), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. The Affordable Housing Obligation for this project is determined to be Two (2) units and will be satisfied by applying the requirements set forth in this Agreement. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2. SATISFACTION OF AFFORDABLE HOUSING REQUIREMENTS THROUGH THE PAYMENT OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developers' obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the development covered by CT 02-07 by reason of the approvals of the 18 acres into 14 single-family lots on property generally locate south of Palomar and Cobblestone Drive in local facilities management zone 20, including 612 712005 1 Condition No. 13 listed in Planning Commission Resolution No. 5647 and any other applicable condition of approval. (b) The Developer shall pay for Two (2) Affordable Housing Credits (“Credits”) as established by the City and as required by Condition No. 13 of Planning Commission Resolution No. 5647 The fee shall be paid prior to the Developer receiving a building permit for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 13 of Planning Commission Resolution No. 5647. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Tentative Tract Map EMERALD POINTE ESTATES - CT 02-07 4. HOLD HARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whoever made on, obtained, allegedly caused by, arising out of or relating in any manner to Developers’ actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. Developer shall obtain, at its expense, comprehensive general liability insurance for development of the Subject Property naming Indemnitees as additional named insureds with aggregate limits of not less than five million dollars($5,000,000), for bodily injury and death and property damage, including coverages for contractual liability and products and completed operations, purchased by the Developer from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, with a current Best’s Key Rating of not less than A-:V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the Project. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-23 89 TO THE DEVELOPER: Saddleview, LLC 2710 Loker Avenue West, Suite 350 Carlsbad, CA 920 10-6609 Attn: Don MacLean 612 712 00 5 2 Any party may change the address to which notices are to be sent by notifjling the other parties of the new address, in the knner set forth above. 6. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the final purchase or payment of the Affordable Housing Credits, or the retroactive repeal, termination, or modification of any applicable law or ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 7. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable 8. ENTIRE AGREEMENT Housing Lots. This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER: CITY Saddleview, LLC. A Delaware limited liability company ~ City of Carlsbad, a municipal corporation By: By: SANDR4 HOLDER Authorized Signor Community Development Director APPROVED AS TO FORM: RONALD R. BALL CITY ATTORNEY 06/29/2005 3 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY 6/27/2005 4 Form No. 1402.70 Owneh Policy (Amended 10-17-70) SCHEDULE C Order Number: 1661716 PageNumber: 7 The land referred to in this policy is described as follows: Real property in the County of San Diego, State of California, described as follows: PARCEL 1: ALL THAT PORTION OF THAT PARCEL OF LAND DESIGNATED AS "DESCRIPTION NO. 5, 103.54 ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19,1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID DESCRIFTION NO. 5, SAID POINT BEING THE INTERSECTION OF LAUREL TREE ROAD AND ME NORTHERLY LINE OF SAID DESCRIPTION NO. 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 83 DEGREES 40'44" EAST, 584.96 FEET; THENCE SOUTH 45 DEGREES 31'49" EAST, 1129.51 FEET; THENCE SOUTH 70 DEGREES 08'50" WEST, 17.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHWESIERLY ALONG SAID CURVE 51.13 FEET THROUGH A CENTRAL ANGLE OF 9 DEGREES 45'55"; THENCE TANGENT TO SAID CURVE, SOUTH 60 DEGREES 23'55" WEST, 115.58 FEET; THENCE SOUTH 57 DEGREES 18'45" WEST, 328.58 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 57 DEGREES 03'32" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 334.65 FEET THROUGH A CENTRAL ANGLE OF 38 DEGREES 20'54; THENCE TANGENT TO SAID CURVE NORTH 71 DEGREES 17'22" WEST, 336.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEAmRLY, HAVING A RADIUS OF 570.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 844.63 FEET THROUGH A CENTRAL ANGLE OF 84 DEGREES 54'05"; THENCE TANGENT TO SAID CURVE NORTH 13 DEGREES 3643" EAST, 5.13 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, SAID POINT BEING THE INTERSECTION OF THE CENTER LINE OF LAUREL TREE LANE AND THE NORTHERLY LINE OF SAID DESCRIFTION NO. 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 83 DEGREES 40'44" EAST 31.91 FEET; THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY LINE OF LAUREL TREE LANE, SOUTH 13 DEGREES 35'23" WEST, 15.90 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 540.00 FEET; THENCE SOUTHWESERLY AND SOUMEASIERLY ALONG SAID CURVE 800.55 FEET THROUGH A CENTRAL ANGLE OF 84 DEGREES 56'26"; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES 21'03" EAST, 301.37 FEET, THENCE LEAVING SAID EASTERLY LINE OF LAUREL TREE LANE, SOUTH 18 DEGREES 38'57" WEST, 30.00 FEET TO A POINT ON THE MOST EASTERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 15661, ALSO BEING A POINT ON Hist Ameffbn 7iffe Form No. 1402.70 Owner's Policy (Amended 10-17-70) Order Number: 1661716 Page Number: 8 THE CENTER LINE OF LAUREL SIREET LANE; THENCE ALONG SAID LINE NORTH 71 DEGREES 21'03" WEST, 301.37 FEETTO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 540.00 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE 845.02 FEET THROUGH A CENTRAL ANGLE OF 84 DEGREES 56'26"; THENCE TANGENT TO SAID CURVE NORTH 13 DEGREES 35'23" EAST, 5.03 FEET TO THE POINT OF BEGINNING AS DESCRIBED AS PARCEL A ON CERTIFICATE OF COMPUNACE RECORDED JULY 30,1998 AS INSTRUMENT NO. 1998-0474921 OF OFFICIAL RECORDS. PARCEL 2: LOT 115 OF CARLSBAD TRACT NO. 84-32(A), UNIT NO. 1 (COBBLESTONE SEA VILLAGE), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13428, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3,1997. PARCEL 3: EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "60 FOOT EASEMENT AND 66 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715. EXCEFTNG FROM SAID 60 FOOT STRIP, THAT PORTION WHICH LIES WITHIN PARCEL NO. 1 ABOVE. THE EASEMENTS HEREIN DESCRIBED ARE HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF "DESCRIPTION NO. 5,103.54 ACRES", AS SHOWN AND DELINEATED ON SAID RECORD OF SURVEY MAP NO. 5715. PARCEL 4: A TEMPORARY EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS OFFICIAL RECORDS BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 15661, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5,1989 AS FILEIPAGE NO. 89-239677 OF OFFICIAL RECORDS, THAT PORTION BEING A PORTION OF THE EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AS "60 FOOT EASEMENT AND 66.00 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19,1960 BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS CONTAINED IN DOCUMENT RECORDED MAY 1,1996 AS FILE NO. 1996-0218757 OF BEGINNING AT THE NORTHERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 15661, SAID POINT BEING THE INTERSECTION OF CENTER LINE OF LAUREL TREE LANE AND THE NORTHERLY LINE OF DESCFUPTION NO. 4 OF SAID RECORD OF SURVEY MAP NO. 5715 SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER UNE OF LAUREL TREE LANE, SOUTHWESIERLY SOUTH 13 DEGREES 35'23" WEST 5.03 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 570.00 FEET; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG SAID CURVE 845.02 FEET THROUGH A Form No. 1402.70 Owner's Polky (Amended 10-17-70) Order Number 1661716 PageNumk 9 CENTRAL ANGLE OF 84 DEGREES 5626"; THENCE TANGENT TO SAID CURVE SOUTH 71 DEGREES 21'03" EAST 301.37 FEET; THENCE LEAVING SAID CENTER LINE OF LAUREL TREE LANE, NORTHWESTERLY NORTH 83 DEGREES 33'13" WEST 123.22 FEET; THENCE NORTHWESTERLY NORTH 71 DEGREES 21'10" WEST 179.75 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 595.00 FEET; THENCE ALONG SAID CURVE 871.55 FEET THROUGH A CENTRAL ANGLE OF 84 DEGREES 56'26"; THENCE NORTHEASTERLY NORTH 71 DEGREES 35'38" EAST 29.37 FEET TO THE TRUE POINT OF BEGINNING. First American Tite J CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT '4. - 'A t vc4c } ss. State of California < County of F L1 On 6 - aq-xd , before me, Liw.LJ Lt. {kkkbi I Dale 1 Name and Title of Officer (e g , "Jane Doe, Notary Pubt") personally appeared Pov\ mac124vl I Name(s) of Signer@) Place Notary Seal Above &personally known to me I_] proved to me on the basis of satisfactory evidence to be the person@) whose name@) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and official seal. OPTlONA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document i IJ Title or Type of Document: Lq g,, 1L61.f &$;-% /!q f&@yt&lfi LJ Document Date: Number of Pages: 5- Signer(s) Other Than Named Above: /%d&[d 4. & k, 1. A- tJelJ e Capacity(ies) Claimed by Signer@) Signer's Name: 0 Individual c1 Corporate Officer - Title@): U Partner - Limited U General Attorney in Fact 0 Trustee i7 Guardian or Conservator Ek Other: & ,,: kk;, 2r-J 2:r.rh <* / Signer Is Representing: .&&it 2 v I .-r : 1 Signer's Name: 0 Individual 0 Corporate Officer - Title@): Partner - C Limited n General Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: GI 2004 Natlonal Notary Assonation * 9350 De Solo Ave , P.0 Box 2402 - Ghatswarth. GA 91313-2402 Item No 5907 Reorder Gall Toll-Free 1-800-876-6827 Recording Reauested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: Cityclerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder‘s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this day of 9 200-, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”), and Michael Crews Commercial Development, a (hereinafter referred to as the “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 04-20 which provides conditional approval of the construction of eight (8) single family residential parcels (“Project”). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer’s affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. provides that the Affordable Housing Obligation of one (1) unit will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. 2. That the Recitals Are True And Correct. THAT SATISFACTION OF DEVELOPER’S AFFORDABLE HOUSING REOUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. June 11,2002 t-k a (a) Performance under this Agreement satisfies the Developer’s obligation for affordable housing under Chapter 2 1.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. CT04-20 by reason of the approvals of the Tentative Map of CT 04-20, including Condition No. listed in Planning Commission Resolution No. , and a Planned Unit Development (PUD ), and any other applicable approval. (b) The Developer shall purchase one (1) Affordable Housing Credit for an amount established by resolution of the City Council and as required by Condition No. of Planning Commission Resolution No. . The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. of Planning Commission Resolution No. . Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 04-20. 4. HOLD HARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including attorneys’ fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 June 11,2002 TO THE DEVELOPER. Michael Crews Development 939 S. Andreasen Drive Escondido, Ca. 92029 Any party may change the address to which notices are to be sent by notifjmg the other parties of the new address, in the manner set forth above. 0. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11,2002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY City of Carlsbad, a Municipal corporation By: By: Name Sandra L. Holder Title Community Development Director By: Name Title If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Comoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney June 11,2002 a5 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY June 11,2002 Recording Reauested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad. California 92008 (Space above for Recorder‘s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this day of 9 200-, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”), and Black Rail Development Partners, a limited liability corporation (hereinafter referred to as the “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 04-01 which provides conditional approval of the construction of sixteen (1 6) single family residential parcels (“Project”). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer’s affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 5831 provides that the Affordable Housing Obligation of three (3) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER’S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developer’s obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land June 11,2002 47 covered by Carlsbad Tract No. CT04-01 by reason of the approvals of the Tentative Map of CT 04-01, including Condition N0.18 listed in Planning Commission Resolution No.5831, and a Planned Unit Development (PUD ), and any other applicable approval. (b) The Developer shall purchase three (3) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. 18 of Planning Commission Resolution No.5831. The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 18 of Planning Commission Resolution No.5831. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 04-01. 4. HOLDHARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, fkom and against all loss, all risk of loss and all damage (including attorneys’ fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 June 11,2002 TO THE DEVELOPER: Black Rail Development Partners, LLC 1465 E. Mountain Drive Santa Barbara, Ca. 93108 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11,2002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY City of Carlsbad, a Municipal corporation By: By: Name Sandra L. Holder Title Community Development Director By: Name Title If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation secretary under corporate seal empowering the officer(s) signing to bind the corporation. attach a resolution certified by the secretary or assistant APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney June 11,2002 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY June 11,2002 Recording Reauested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: Cityclerk 1200 Carlsbad Village Drive Carlsbad. California 92008 (Space above for Recorder’s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this day of ,200-, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the Tity”), and Fair Oaks Valley, a limited liability corporation (hereinafter referred to as the “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in ‘‘Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 02-17 which provides conditional approval of the construction of forty-nine (49) single family residential parcels (“Project”). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer’s affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. provides that the Affordable Housing Obligation of nine (9) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: I. That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER’S AFFORDABLE HOUSING REOUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developer’s obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land June 1 1,2002 covered by Carlsbad Tract No. CT02-17 by reason of the approvals of the Tentative Map of CT 02-17, including Condition No. listed in Planning Commission Resolution No. , and a Planned Unit Development (PUD ), and any other applicable approval. (b) The Developer shall purchase nine (9) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. of Planning Commission Resolution No. . The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. of Planning Commission Resolution No. . Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 02-1 7. 4. HOLDHARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including attorneys’ fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 June 11,2002 33 TO THE DEVELOPER: Fair Oaks Valley, LLC C/O Chuck Du Vivier P.O. Box 230638 Encinitas, Ca. 92023 Any party may change the address to which notices are to be sent by notifylng the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11,2002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY City of Carlsbad, a Municipal corporation By: By: Name Sandra L. Holder Title Community Development Director By: Name Title If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Cornoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation secretary under corporate seal empowering the officer(s) signing to bind the corporation. attach a resolution certified by the secretary or assistant APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney June 11,2002 June 11,2002 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: Cityclerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder‘s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this day of , 2003, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”), and Trimark Pacific Homes, L.P., a California limited partnership (hereinafter referred to as the “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 02-29 which provides conditional approval of the construction of a 39-unit multifamily condominium project (“Project”). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer’s affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 5435 provides that the Affordable Housing Obligation of seven (7) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. That the Recitals Are True And Correct. 2. SATISFACTION OF DEVELOPER’S AFFORDABLE HOUSING REOUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developer’s obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land W02-SD:80K1\51303612.1 IO0203 -1- OSFD-105133 covered by Carlsbad Tract No. CT 02-29 by reason of the approvals of the Tentative Map of CT 02-29, including Condition No. 11 listed in Planning Commission Resolution No. 5435, Condominium Permit CP 03-02, and Site Development Plan SDP 08-18, and any other applicable approval. (b) The Developer shall purchase seven (7) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. 11 of Planning Commission Resolution No. 5435. The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 11 of Planning Commission Resolution No. 5435. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 02-29. 4. HOLD HARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including attorneys’ fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 WOZ-SD:80K1\5 130361 2. I 100203 -2- OSFD-105133 TO THE DEVELOPER: Trimark Pacific Homes, LP 613 West Valley Parkway, Suite 200 Escondido, CA 92025 Attn: Scot C. Sandstrom, Division President With a copy to: Trimark Pacific Homes, LP 85 Argonaut, Suite 205 Aha Viejo, CA 92656-4 105 Attn: Stephen Hester, Executive Vice President And: Sheppard, Mullin, Richter & Hampton LLP 501 West Broadway, Suite 1900 San Diego, CA 92101 Attn: John E. Ponder, Esquire Any party may change the address to which notices are to be sent by noti@ng the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. -3- W02-SD:80K1\5 1303612.1 100203 OSFD-105 133 37 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY TRIMARK PACIFIC - CASA LA COSTA, LLC, City of Carlsbad, a Municipal corporation a California limited liability company By: TI", LLC, a California limited liability company, Member-Manager By: Sandra L. Holder Community Development Director By: Trimark Ventures, Inc., a California corporation, Member By: .u .R %!f If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Comoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney W02-SD:80K1\51303612.1 100203 -4- OSFD-105133 40 STATE OF CALIFORNIA ) 1 COUNTY OF oyilFd ) ss. On 1017 10-3 , before me J- ~Vii-k~ ,a Notary Public, personilly appeared d+lJ' k p. 5 +~-b, personally known to me Prr ) to be the personiwhose nameM iswubscribed to the within instrument and acknowledged to me that he/sheftfre)l executed the same in hishdthmr ' authorized capacit6nd that by his/hedthk signatureMon the instrument the personwor the entity upon behalf of which the I. personMacted, executed the WITNESS my (Seal) instrument: hand and official seal. My Commission Expires y 130 lo -7 I W02-SD:SOK1\5 1 30361 2.1 100203 -5- OSFD-I05133 WHIBIT A Casa La Costa - CT 02-29 PARCEL 1 : AN UNDIVIDED FRACTIONAL INTEREST AS TENANT IN COMMON IN AND TO THE BUILDING ENVELOPE IN WHICH THE LIVING UNIT DESCRIBED IN PARCEL 2 BELOW IS LOCATED EQUAL TO THE RECIPROCAL OF THE NUMBER OF LIVING UNITS WITHIN THAT BUILDING ENVELOPE; BEING A PORTION OF LOT 2 OF CITY OF CARLSBAD DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14818 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON JUNE 1,2004. TRACT NO. 02-29 VILLAS DE LA COSTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN EXCEPTING THEREFROM EACH LIVING UNIT WITHIN SUCH BUILDING ENVELOPE, AS SHOWN ON THE CONDOMINIUM PLANS DESCRIBED IN PARCEL 2 BELOW. RESERVING THEREFROM THE EXCLUSIVE RIGHT TO POSSESSION AND USE OF ANY EXCLUSIVE USE AREA SHOWN ON CONDOMINIUM PLANS DESCRIBED IN PARCEL 2 BELOW. FURTHER RESERVING THEREFROM ALL THE RIGHTS AND EASEMENTS SET FORTH IN (I) THE DECLARATION OF RESTRICTIONS FOR VILLAS DE LA COSTA OR (11) THE DEED AND DECLARATION ESTABLISHING ACCESS EASEMENT RIGHTS (SUCH DECLARATIONS ARE DESCRIBED BELOW) INCLUDING, BUT NOT LIMITED TO, THE EASEMENTS FOR INGRESS, EGRESS AND GENERAL UTILITY PURPOSES, AND GRANTORS RIGHT AND EASEMENTS TO CONSTRUCT AND MARKET RESIDENCES AND CONSTRUCT RELATED IMPROVEMENTS; AND FURTHER EXCEPTING AND RESERVING THEREFROM ALL EXCEPTIONS AND RESERVATIONS OF RECORD. LIVING UNlT.NOS. 1 THROUGH 36, AS SHOWN UPON THE VILLAS DE LA COSTA THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, (THE "CONDOM IN IUM PLANS"). CONDOMINIUM PLANS RECORDED JUNE 23, 2004 AS DOCUMENT NO. 2004-0584698, IN RESERVING FROM PARCEL 2 ALL RIGHTS AND EASEMENTS FOR SET FORTH IN THE DECLARATION. NON-EXCLUSIVE APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY NOW OR HEREAFTER OWNED BY VILLAS DE LA COSTA HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION (THE "ASSOCIATION") AS SET FORTH IN THE DECLARATION. "ASSOCIATION PROPERTY" IS DEFINED IN THE DECLARATION. USE OF PRIVATE STREETS AND DRIVES IS SUBJECT TO THE TERMS AND CONDITIONS OF THE ACCESS DECLARATION DESCRIBED BELOW. PARCEL 4: A NON-EXCLUSIVE APPURTENANT EASEMENT FOR INGRESS AND EGRESS OVER THE "DRIVES WITHIN LOTS 1 AND 2 OF CITY OF CARLSBAD TRACT NO. 02-29 VILLAS DE LA COSTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14818, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON JUNE 1, 2004, PURSUANT TO AND SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN ACCESS DECLARATION (SUCH DECLARATION IS DESCRIBED BELOW). PARCEL 5: THE EXCLUSIVE RIGHT TO USE ANY EXCLUSIVE USE AREA SHOWN ON THE CONDOMINIUM PLANS AS BEING APPURTENANT TO THE LIVING UNIT DESCRIBED IN PARCEL 2 ABOVE. 43 Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder’s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this day of 3 200-, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”), and Dr. Shahla Abedi and Dr. Esrafil Abedi, a (hereinafter referred to as the “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 04-05 which provides conditional approval of the construction of fifteen (1 5) airspace condominium residential units (“Project”). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer’s affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. provides that the Affordable Housing Obligation of three (3) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER’S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. June 11,2002 (a) Performance under this Agreement satisfies the Developer’s obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. CT04-05 by reason of the approvals of the Tentative Map of CT 04-05, including Condition No.- listed in Planning Commission Resolution No. , and a Planned Unit Development (PUD ), and any other applicable approval. (b) The Developer shall purchase nine (9) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No.- of Planning Commission Resolution No. . The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. of Planning Commission Resolution No. . Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 04-05. 4. HOLDHARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including attorneys’ fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 June 11,2002 TO THE DEVELOPER: Dr. Shahla Abedi Dr. Esrafil Abedi 22892 Ocean Breeze Way Laguna Niguel, Ca. 92677 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11,2002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY City of Carlsbad, a Municipal corporation By: By: Name Sandra L. Holder Title Community Development Director By: Name Title If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Cornoration, Agreement must be signed by one corporate officer fiom each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation secretary under corporate seal empowering the officer(s) signing to bind the corporation. attach a resolution certified by the secretary or assistant APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney June 11,2002 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY June 11,2002 Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder’s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this day of 7 200-, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”), and Craftsman Development Company, a California limited liability company (hereinafter referred to as the “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 00-22 which provides conditional approval of fourteen (14) parcels, which will allow for one (1) church lot, one (1) open space lot, and twelve (12) single family residential lots (“Project”). B. Chapter 2 1.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer’s affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 2 1.85 of the Carlsbad Municipal Code. The affordable housing obligation shall be satisfied by the Developer’s purchase of 2.1 1 affordable housing credits. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER’S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developer’s obligation for affordable housing under Chapter 2 1.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. CT 00-22 by reason of the approvals of the Tentative Map of CT CT 00-22. (b) The Developer shall pay for 2.1 1 Affordable Housing Credits in an amount established by resolution of the City Council and to satisfy the affordable housing obligation. The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 14 of Planning Commission Resolution No. 5122. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 00-22. 4. HOLD HARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including attorneys’ fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer’s actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE DEVELOPER: Greg Shull 1 195 Linda Vista Road, Suite G SanMarcos, Ca 92069 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY City of Carlsbad, a Municipal corporation By: By: Sandra L. Holder Title m,tlwi&t &flt$?+wh& Community Development Director By: Name Title If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary secretary under corporate seal empowering the officer(s) signing to bind the corporation. r a APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Assistant City Attorney sistant personally known to me F 1 proved to me on the basis of satisfactory evidence to be the persow whose name(@+ is/- subscribed to the within instrument and acknowledged to me that he/ske/tkey executed the same in hidherltheir authorized capacity(* and that by his/Wheir signature(* on the instrument the persono, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. OPT/ONA L Though the information below is not required by law, it may prove valuable to persons rdying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Date: 6 hfud/ c;/ & 0 Number of Pages: 5 Signer@) Other Than Named Above: w/ fi Claimed by Signer 0 Corporate Officer - Title(s): Partner - G Limited zi Gen 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conse 0 1999 Natmal Notary AswiatK)n * 9350 De sdo Ave , PO Box 2402 - Chatsrvarth CA 91 31 3-2402 * www natmnalmtary org Prod No 5907 Reorder Call Toll-Free 1-800-8766827 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Being a portion of the North Half of the Southwest Quarter of the Southeast Quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California.