HomeMy WebLinkAboutCarlsbad Family Housing Partnership; 1999-01-08;4% * - _ - DOG -i# 1999-0038228
. RECORDED REQUEST OF
F&t American Title
SUBDMSION MAPPING DEPT.
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AND WHEN RECORDED MAIL TO:
City of Carlsbad
City Clerk’s Office
Attn: City Clerk
1200 Carlsbad Village Drive
JI?N 229 1339 4:53
oFF1c1AL ftEmDS SFIM DIEGO CWHIY RECNDER’S OFFICE GRESMW J. s)lfIl?i, cm REMlKDER FEES: 5Mo ll!H: 2 l~l~ll~llliAAll~lllll~~lllill 19994038228
Carlsbad, CA 92008
U7S480-6 (Space above for Recorder’s Use)
REOUtiATbRY #W?EEME#dT AND
DECLARATION OF Ri5S’CFItCTIVE COVENANTS
This Regulatory Agreement and Declaration of Restrictive Covenants (the
“Agreement”) is made and entered into as of this 8th day of January, 1999, by and
between the City of Carlsbad, a municipal corporation (the “City”) and Carlsbad Family
Housing Partnership, a California limited partnership (“Owner”).
RECITALS
1. The City has entered into a Loan Agreement with Owner under which the
City will loan City Housing Trust Fund monies (the “Loan”) to Owner which will be used,
together with funds obtained from other sources, for the development and construction of
one hundred sixteen (116) residential units on the real property in the City of Cartsbad,
County of San Diego, more particularly described in Exhibit A attached hereto and
incorporated herein (the “Property”).
2. The City intends to utilize the Development to obtain affordabte housing
production credits for the Redevelopment Agency of the City of Carlsbad (the “Agency”)
pursuant to Health and Safety Code Section 33413(b)(2)(A)(ii) as newly constructed
housing units located outside of the Carlsbad Village Redevelopment Project Area and
available at affordable housing cost to low and moderate income households. Such units
are required to remain affordable to such households for not fess than the period of the land
use controls established in the Redevelopment Plan for the Carlsbad Village Redevelopment
Project Area. This Agreement is intended to implement this requirement.
3. The City has agreed to loan funds to Owner on the condition that the
Development be maintained and operated in accordance with Health and Safety Section
33413(b)(2)(A)(ii) and in accordance with additional restrictions concerning affordability,
operation, and maintenance of the Development, as specified in this Agreement.
4. In consideration of receipt of the Loan at an interest rate substantially below
the market rate, Owner has further agreed to observe all the terms and conditions set forth
below.
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Ranch0 Carrillo Reg Agr.Final 1 01/14/99
8’738
5. In order to ensure that the entire Development will be used and operated in
accordance with these conditions and restrictions, the City and Owner wish to enter into
this Agreement.
THEREFORE, the City and Owner hereby agree as follows:
ARTICLE 1
Definitions
1.1 Definitions
When used in this Agreement, the following terms shall have the respective
meanings assigned to them in this Article 1.
a. “Adjusted Income” shall mean the total anticipated annual income of
all persons in a household, as calculated in accordance with 25 California Code of
Regulations Section 6914 or pursuant to a successor State housing program that utilizes a
reasonably similar method of calculation of adjusted income. In the event that no such
program exists, the City shall provide the Owner with a reasonably similar method of
calculation of adjusted income as provided in said Section 6914.
b. “Agency” shall mean the Carlsbad Redevelopment Agency, Carlsbad,
California, a public body, corporate and politic.
c. “Agreement” shall mean this Regulatory Agreement and Declaration
of Restrictive Covenants.
d. “City” shall mean the City of Carlsbad, a municipal corporation.
e. “Deed of Trust” shall mean the deed of trust to the City on the
Property which secures repayment of the Loan and performance of this Agreement.
f. “Development* shall mean the Property and the one hundred sixteen
(116) units to be constructed on the Property, as well as all landscaping, roads and parking
spaces existing thereon, as the same may from time to time exist.
9. “HCD” shall mean the California Department of Housing and
Community Development.
h. “Loan” shall mean all funds loaned to Owner pursuant to the Loan
Agreement.
i. “Loan Agreement” shall mean the City Loan Agreement entered into
by and between the City and Owner and dated of even date herewith.
Ranch0 Carrillo Reg Agr.Final 2 01/14/99
8’733
i- “Median Income” shall mean the median gross yearly income adjusted
for actual household size, in the County of San Diego, California, as published from time to
time by HCD. In the event that such income determinations are no longer published, or are
not updated for a period of at least eighteen (18) months, the City shall provide the Owner
with other income determinations which are reasonably similar with respect to methods of
calculation to those previously published by HCD.
k. “Moderate Income Household” shall mean a household whose annual
gross income does not exceed ninety percent (90%) of Median Income, adjusted for
household size.
I. “Moderate Income Units” shall mean the Units limited to occupancy
by Moderate Income Households pursuant to Section 2.1 below.
m. “Note” shall mean the promissory note from the Owner to the City
evidencing all or any part of the Loan.
n. “Owner” shall mean Carlsbad Family Housing Partnership, a California
limited partnership, and its successors and assigns to the Development.
0. “Property” shall mean the real property described in Exhibit A
attached hereto and incorporated herein.
P. “Rent” shall mean the total of monthly payments by the tenants of a
Unit for the following: use and occupancy of the Unit and land and associated facilities,
including parking; any separately charged fees or service charges assessed by Owner
which are required of all tenants, other than security deposits; the cost of an adequate
level of service for utilities paid by the tenant, including garbage collection, sewer, water,
electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service;
any other interest, taxes, fees or charges for use of the land or associated facilities and
assessed by a public or private entity other than Owner, and paid by the tenant.
q. “Term” shall mean the period of time beginning on the date of
recordation of this Agreement and ending fifty-five (55) years after a Certificate of
Occupancy is issued by the City for all Units, but in no event later than January 1, 2056.
r. “Units” shall mean the one hundred sixteen (116) rental units to be
constructed on the Property by the Owner, but excluding therefrom one (1) resident
manager unit.
S. “Very Low Income Household” shall mean a household with an
Adjusted Income that does not exceed the qualifying limits for very low income households
as established and amended from time to time pursuant to Section 8 of the United States
Housing Act of 1937, and as published by HCD.
Ranch0 Carrillo Reg Agr.Final 3 01/14/99
t. “Very Low Income Units” shall mean the Units which, pursuant to
Section 2.2 below, are required to be occupied by Very Low Income Households.
ARTICLE 2
Affordability Covenants
2.1 Occupancy Requirement.
a. Fifty-seven (57) of the Units shall be rented and occupied by or, if
vacant, available for rental and occupancy by Very Low Income Households. The
remainder of the Units shall be occupied by Moderate Income Households.
2.2 Allowable Rent.
a. Subject to Section 2.3 below, the Rent charged the occupants of the
Very Low Income Units shalt not exceed one-twelfth of thirty percent (30%) of fifty
percent (50%) of Median Income, adjusted for household size. The Rent charged the
occupants of the Moderate Income Units shall not exceed one-twelfth of thirty percent
(30%) of ninety percent (90%) of Median Income, adjusted for household size.
6. Subject to Section 2.3.b. below, in calculating the allowabte Rent for
the Very Low Income Units and the Moderate Income Units, the following assumed
household sizes shall be utilized:
Number of Bedrooms Assumed Household Size
Studio 1
One 2
Two 3
Three 4
Four 5
2.3 Increased Income of Occupying Households
a. In the event, upon recertification of an occupant household’s income, the Owner
discovers that a Very Low Income Household no longer qualifies as a Very Low Income
Household (but does qualify as a Moderate income Household), such household’s Unit shall
be considered a Moderate Income Unit (and the Rent may be increased to one-twelfth of
thirty percent of ninety percent (90%) of Median Income upon sixty (60) days written
notice to the household) and the Owner shall rent the next available Very Low Income Unit
to a Very Low Income Household to comply with the requirements of Section 2.1 above.
In the event that the income of a Very Low Income Household or a Moderate Income
Household increases above the qualifying limit for a Moderate Income Household, the rent
shall remain at the level required for a Moderate Income Unit and the Unit shall be deemed
to be a Moderate Income Unit until the occupying household vacates the Unit, and the next
available Unit shall be rented to a Very Low Income Household or an Moderate Income
Ranch0 Carrillo Reg Agr.Final 4 Olf 14199
Household as necessary to meet the requirements of Section 2.1 above. Moreover, a Unit
occupied by a Very Low Income Household or Moderate Income Household shall be
deemed, upon the termination of such Very Low Income Household’s or Moderate Income
Household’s occupancy, to be continuously occupied by a Very Low Income Household or
a Moderate Income Household, as applicable, until reoccupied, at which time the character
of the Unit shall be redetermined.
b. If the Development is subject to federal Low Income Housing Tax Credit Program
requirements, the provisions of those requirements regarding (i) rental and occupancy
restrictions (provided such restrictions are more restrictive than those set forth herein), (ii)
assumed household size, and (iii) continued occupancy by households whose incomes
exceed the eligible income limitations, and rents to be charged to those households shall
apply in place of the provisions set forth in subsections 2.1(a), 2.2(b) and 2.3(a) above.
2.4 Lease Provisions. Owner shall include in leases for all Units provisions which
authorize Owner to immediately terminate the tenancy of any household one or more of
whose members misrepresented any fact material to the household’s qualification as a Very
Low Income Household or a Moderate Income Household. Each lease or rental agreement
shall also provide that the household is subject to annual certification in accordance with
Section 3.1 below, and that, if the household’s income increases above the applicable
limits for a Very Low Income Household or a Moderate Income Household, as applicable,
such household’s Rent may be subject to increase.
2.5 Section 8 Certificate Holders. The Owner will accept as tenants, on the
same basis as all other prospective tenants, persons who are recipients of federal
certificates for rent subsidies pursuant to the existing housing program under Section 8 of
the United States Housing Act, or its successor. The Owner shall not apply setection
criteria to Section 8 certificate or voucher holders that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application
of management policies or lease provisions with respect to the Development which have
the effect of precluding occupancy of units by such prospective tenants.
2.6 Condominium Conversion. The Owner shall not convert Development units
to condominium or cooperative ownership or sell condominium or cooperative conversion
rights to the Property during the Term of this Agreement.
ARTICLE 3
Income Certification And Reporting
3.1 Income Certification. The Owner will obtain, complete and maintain on file,
immediately prior to initial occupancy and annually thereafter, income certifications from
each Very Low Income Household and each Moderate Income Household renting any of the
Units. The Owner shall make a good faith effort to verify that the income provided by an
applicant or occupying household in an income certification is accurate by taking one or
more of the following steps as a part of the verification process: (1) obtain a pay stub for
Ranch0 Carrillo Reg Agr.Final 5 01/14/99
the most recent pay period; (2) obtain an income tax return for the most recent tax year;
(3) conduct a credit agency or similar search; (4) obtain an income verification form from
the applicant’s current employer; (5) obtain an income verification form from the Social
Security Administration and/or the California Department of Social Services if the applicant
receives assistance from either of such agencies; or (6) if the applicant is unemployed and
has no such tax return, obtain another form of independent verification. Copies of tenant
income certifications shall be available to the City upon written request.
3.2 Annual Report to City. Each year Owner shall submit an annual report to the
City, in a form approved by the City. The annual report shall include for each Unit covered
by this Agreement, the Rent and the income and household size of the household
occupying the Unit. The report shall also state the date the tenancy commenced for each
rental Unit and such other information as the City may be required by law to obtain.
3.3 Additional Information. Owner shall provide any additional information
reasonably requested by the City. Upon five (5) days prior written request and during
regular business hours, the City shall have the right to examine and make copies of all
books, records or other documents of Owner which pertain to any Unit.
3.4 Records. Owner shall maintain complete, accurate and current records
pertaining to the Units, and, upon five (5) days prior written request by the City, shall
permit any duly authorized representative of the City to inspect records, including records
pertaining to income and household size of tenant households.
ARTICLE 4
~J3efath Of The D8V8lOpm8nt
4.1 Residential Use. The Development shall be operated only for residential use.
No part of the Development shall be operated as transient housing.
4.2 Compliance with Loan Agreement. Owner shall comply with all the terms
and provisions of the Loan Agreement.
4.3 Property Tax Exemption, Owner shall not apply for a property tax exemption
for the Property under any provision of law other than Revenue and Taxation Section
214(g) without the City’s prior written consent.
4.4 Taxes and Assessments. Owner shall pay all real and personal property
taxes, assessments and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and
in such manner as to prevent any penalty from accruing, or any lien or charge from
attaching to the Property; provided, however, that Owner shall have the right to contest in
good faith, any such taxes, assessments, or charges. In the event Owner exercises its
right to contest any tax, assessment, or charge against it, Owner, on final determination of
Ranch0 Carrillo Reg Agr.Final 6 01/14/99
the proceeding or contest, shall immediately pay or discharge any decision or judgment
rendered against it, together with all costs, charges and interest.
4.5 Nondiscrimination. All of the Units shall be available for occupancy on a
continuous basis to members of the general public who are income eligible. Owner shall
not give preference to any particular class or group of persons in renting or selling the
Units, except to the extent that the Units are required to be leased to Very Low Income
Households and Moderate Income Households or to Agency or City displacees pursuant to
Section 4.6 below. There shall be no discrimination against or segregation of any person or
group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital
status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy,
tenure, or enjoyment of any Unit nor shall Owner or any person claiming under or through
the Owner, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use, or occupancy, of
tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the
employment of persons for the operation and management of the Development. All deeds,
leases or contracts made or entered into by Owner as to the Units or the Development or
portion thereof, shall contain covenants concerning discrimination as prescribed by the
Loan Agreement.
4.6 Preference to Displacees. Owner shall give a preference in the rental of any
Units to eligible households displaced by activity of the Agency or the City upon receiving a
written request of the Agency or the City regarding such displacement and provided giving
such a preference does not violate any requirement of the Low Income Housing Tax Credit
Program.
ARTICLE 5
Property Management And Maintenance
5.1 Management Responsibilities. The Owner is responsible for all management
functions with respect to the Development, including without limitation the selection of
tenants, certification and recertification of household size and income, evictions, collection
of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security. The City shall have no responsibility over
management of the Development. The Owner shall retain a professional property
management company approved by the City in its reasonable discretion to perform its
management duties hereunder. A resident manager shall also be required, selection of
whom shall be at the discretion of the Owner.
5.2 Management Agent; Periodic Reports. The Development shall at all times be
managed by an experienced management agent reasonably acceptable to the City, with
demonstrated ability to operate residential facilities like the Development in a manner that
will provide decent, safe, and sanitary housing (as approved, the “Management Agent”).
The Owner shall submit for the City’s approval the identity of any proposed Management
Agent. The Owner shall also submit such additional information about the background,
Ranch0 Carrillo Reg Agr.Final 7 01/14/99
experience and financial condition of any proposed Management Agent as is reasonably
necessary for the City to determine whether the proposed Management Agent meets the
standard for a qualified Management Agent set forth above. If the proposed Management
Agent meets the standard for a qualified Management Agent set forth above, the City shall
approve the proposed Management Agent by notifying the Owner in writing. Unless the
proposed Management Agent is disapproved by the City within thirty (30) days, which
disapproval shall state with reasonable specificity the basis for disapproval, it shall be
deemed approved.
5.3 Performance Review. The City reserves the right to conduct an annual (or
more frequently, if deemed necessary by the Cityt review of the management practices and
financial status of the Development. The purpose of each periodic review will be to enable
the City to determine if the Development is being operated and managed in accordance
with the requirements and standards of this Agreement. The Owner shall cooperate with
the City in such reviews.
5.4 Replacement of Management Agent. If, as a resuft of a periodic review, the
City determines in its reasonable judgement that the Development is not being operated
and managed in accordance with any of the material requirements and standards of this
Agreement, the City shall deliver notice to Owner of its intention to cause replacement of
the Management Agent, including the reasons therefor. Within fifteen (15) days of receipt
by Owner of such written notice, City staff and the Owner shall meet in good faith to
consider methods for improving the financial and operating status of the Development,
including, without limitation, replacement of the Management Agent.
If, after such meeting, City staff recommends in writing the replacement of the
Management Agent, Owner shall promptly dismiss the then Management Agent, and shall
appoint as the Management Agent a person or entity meeting the standards for a
Management Agent set forth in Section 5.2 above and approved by the City pursuant to
Section 5.2 above.
Any contract for the operation or management of the Development entered into by
Owner shall provide that the contract can be terminated as set forth above. Failure to
remove the Management Agent in accordance with the provisions of this Section shall
constitute default under this Agreement, and the City may enforce this provision through
legal proceedings as specified in Section 6.3.
5.5 Approval of Management Policies. The Owner shall submit its written
management policies with respect to the Development to the City for its review, andshall
amend such policies in any way necessary to ensure that such policies comply with the
provisions of this Agreement.
5.6 Property Maintenance. The Owner agrees, for the entire Term of this
Agreement, to maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
accordance with all applicable laws, rules, ordinances, orders and regulations of all federal,
Ranch0 Carrillo Reg Agr.Final 8 01/14/99
A h
state, county, municipal, and other governmental agencies and bodies having or claiming
jurisdiction and all their respective departments, bureaus, and officials.
The City places prime importance on quality maintenance to protect its investment
and to ensure that all Agency and City-assisted affordable housing projects within the City
are not allowed to deteriorate due to below-average maintenance. Normal wear and tear of
the Development will be acceptable to the City assuming the Owner agrees to provide all
necessary improvements to assure the Development is maintained in good condition. The
Owner shall make all repairs and replacements necessary to keep the improvements in good
condition and repair.
In the event that the Owner breaches any of the covenants contained in this section
and Owner fails to commence cure of such default within a period of five (5) days after
written notice from the City with respect to graffiti, debris, waste material, and general
maintenance or thirty (30) days after written notice from the City with respect to
landscaping and buitding improvements (and subject to any stricter requirements included in
any applicable City Ordinance), then the City, in addition to whatever other remedy it may
have at law or in equity, shall have the right to enter upon the Property and perform or
cause to be performed all such acts and work necessary to cure the default. Pursuant to
such right of entry, the City shall be permitted (but is not required) to enter upon the
Property and perform all acts and work necessary to protect, maintain, and preserve the
improvements and landscaped areas on the Property, and to attach a lien on the Property,
or to assess the Property, in the amount of the reasonable expenditures arising from such
acts and work of protection, maintenance, and preservation by the City and/or costs of
such cure, including an administrative charge equal to fifteen percent (15%) of such
expenditures, which amount shall be promptly paid by the Owner to the City upon demand.
ARTICLE 6
Miscellaneous
6.1 Term. The provisions of this Agreement shall apply to the Property for the
entire Term even if the entire Loan is paid in full prior to the end of the Term. This
Agreement shall bind any successor, heir or assign of Owner, whether a change in interest
occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly
released by the City. The City makes the Loan on the condition, and in consideration of,
this provision, and would not do so otherwise.
6.2 Covenants to Run With the Land. The City and Owner hereby declare their
express intent that the covenants and restrictions set forth in this Agreement shall run with
the land, and shall bind all successors in title to the Property, provided, however, that on
the expiration of the Term of this Agreement said covenants and restrictions shall expire.
Each and every contract, deed or other instrument hereafter executed covering or
conveying the Property or any portion thereof shall be held conclusively to have been
executed, delivered and accepted subject to such covenants and restrictions, regardless of
whether such covenants or restrictions are set forth in such contract, deed or other
Ranch0 Carrillo Reg Agr.Final 9 01/14/99
instrument, unless the City expressly releases such conveyed portion of the Property from
the requirements of this Agreement.
6.3 Enforcement by the City. If Owner fails to perform any obligation under this
Agreement, and fails to cure the default within 30 days after the City has notified the
Owner in writing of the default or, if the default cannot be cured within 30 days, failed to
commence to cure within 30 days and thereafter diligently pursue such cure, the City shall
have the right to enforce this Agreement by any or all of the following actions, or any other
remedy provided by law:
a. Calling the Loan. The City may declare a default under the Note,
accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the
Deed of Trust.
b. Action to Compel Performance or for Damages. The City may bring
an action at law or in equity to compel Owner’s performance of its obligations under this
Agreement, and/or for damages.
C. Remedies Provided Under Loan Agreement. The City may exercise
any other remedy provided under the Loan Agreement.
6.4 Enforcement by the Agency. The City and the owner agree that the Agency
is a third party beneficiary of this Agreement. The City and the Owner agree that this
Agreement shall be fully enforceable by the Agency.
6.5 Attorneys Fees and Costs. In any action brought to enforce this Agreement,
the prevailing party shall be entitled to all reasonable costs and expenses of suit, including
reasonable attorneys’ fees. This section shall be interpreted in accordance with California
Civil Code Section 1717 and judicial decisions interpreting that statute.
6.6 Recording and Filing. The City and Owner shalt cause this Agreement, and
all amendments and supplements to it, to be recorded against the Property in the Official
Records of the County of San Diego.
6.7 Governing Law. This Agreement shalf be governed by the laws of the State
of California.
6.8 Amendments. This Agreement may be amended only by a written
instrument executed by all the parties hereto or their successors in title, and duly recorded
in the real property records of the County of San Diego, California.
6.9 Notice. All notices given or certificates delivered under this Agreement shall
be deemed received on the delivery or refusal date shown on the delivery receipt, if: (i)
personally delivered by a commercial service which furnishes signed receipts of delivery or
(ii) mailed by certified mail, return receipt requested, postage prepaid, addressed as shown
on the signature page. Any of the parties may, by notice given hereunder, designate any
Ranch0 Carrillo Reg Agr.Final 10 01/14/99
.A
further or different addresses to which subsequent notices, certificates or communications
shall be sent.
6.10 Severability. If any provision of this Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions of this
Agreement shall not in any way be affected or impaired thereby.
6.11 Section 42(h)(6)(E)(ii) of the IRC. Notwithstanding anything to the contrary
contained herein, the parties hereto acknowledge that Section 42(h)(6)(E)(ii) of the Internal
Revenue code of 1986, as amended, provides that eviction or termination of tenancy (other
than for good cause) of an existing tenant of any low-income unit or any increase in the
gross rent with respect to such unit not Otherwise permitted under Section 42 for a period
of three (3) years after the date the building is acquired by foreclosure or instrument in lieu
of foreclosure will invalidate the extended use agreement and cause the disallowance of
the low income housing tax credits. The City agrees that, in the event the City acquires the
Development through foreclosure or instrument in lieu of foreclosure, it will refrain for three
(3) years from terminating tenancies (other than for good cause) or increasing rents in a
manner not permitted by Section 42.
Ranch0 Carrillo Reg Agr.Final 11 01/14/99
h
IN WITNESS WHEREOF, the City and Owner have executed this Agreement by duly
authorized representatives, all on the date first written above.
CARLSBAD FAMILY HOUSING CITY OF CARLSBAD, a municipal
PARTNERSHIP, a California limited
partnership
By: Housing Opportunities, Inc., a
California nonprofit public benefit
corporation, Managing General
Partner
By:
Title: aa\r-
APPROVED AS TO FORM:
By: so & Associates
o-General Partner
By:
Title:
Ranch0 Carrillo Reg Agr.Final 12 01/14/99
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
personally appeared
Place Notary Seal Above
l@$&sonally known to me
0 proved to me on the basis of satisfactor
evidence
to be the person($j whose nametic@&
subscribed to the within instrument anI
acknowledged to me tha@&h&h+execute~
the same in @/he+&& authorizel
capacity(&sj, and that by &&he&b&
signaturevon the instrument the person&$ c
the entity upon behalf of which the perso@
acted, executed the instrument.
WITNE2.S my hand and official seal.
OPTIONAL
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.
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Cl individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 Gen
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Signer Is Representing:
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
STATE OF CALIFORNIA 1
1 ss.
COUNTY OF SAN DIEGO 1
OnSGZir\ 15 19g, before me,
Notary Public in and for said I State, personally appeared fil;cl?F
~-to-me(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to
me that h&he/they executed the same in hi&her/their authorized capacity(ies), and that by
h%he#their signature(s) on the instrument, the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
Ranch0 Carrillo Reg Agr.final 01/14/99
/ . 8'751
EXHIBIT A
Property Description
Lot 207 of Carlsbad Tract 97-02 Ranch0 Carrillo Villages “A Through
D” according to Map No. 13582 filed with the County Recorder of
San Diego County on June 10, 1998.
Ranch0 Card10 Reg Agr.final 01/14/99