HomeMy WebLinkAboutCT 2021-0005; 330 Chinquapin LLC; 2023-0163178; Affordable Housing Agreement/ReleaseRecording 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
DOC# 2023-0163178
111111111111 1111111111 1111111111111111111111111 IIIII IIIII 1111111111111
Jun 22, 2023 12:09 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUN1Y RECORDER
FEES: $0.00 (SB2 Atkins $0 00)
PAGES: 7
(Space above for Recorder's Use)
AFFORDABLE HOUSING AGREEMENT
(Purchase of Credits)
:}----'THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this
]"r" day of M.~fi , 2023, by and between the CITY OF CARLSBAD, a municipal
corporation ("City") and 30 Chinquapin LLC ("Developer"), a Limited Liability Corporation,
with reference to the fo llowing:
RECITALS
A. Developer is the owner of certain real property in the City of Carlsbad, County of San
Diego, State of California, described in "Exhibit A", which is attached hereto and incorporated
herein by this reference, and which is the subject of a Tentative Map (CT2021-0005), which
provides conditional approval of the construction of nine (9) single family dwelling units
("Project").
B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Agreement shall be
entered into between the City and the Developer as a means of satisfying the Developer's
affordable housing obligation, as such is defined under Chapter 2 1.85 of the Carlsbad Municipal
Code. Planning Commission Resolution No. 7456 provides that the Affordable Housing
Obligation of one (I) unit ("Affordable Housing Obligation") will be satisfied by the
construction of the affordable housing obligation on the project site and concurrent with
the project's market rate units. Subsequent to approval of the project by the Planning
Commission on July 20, 2022, the Housing & Homeless Services Director approved a
request on March 28, 2022, from the property owner and developer (330 Chinquapin LLC)
to purchase one (1) housing credit in a combined, off-site affordable housing development
(Tavarua Affordable Development) within the northwest quadrant of the city, as provided
for in Chapter 21.85, Section 21.85.080 as an alternative to construction of the affordable
housing obligation on the site of the market rate units.
NOW, THEREFORE, incorporating the foregoing Recital s and in consideration of the
mutual covenants contained herein, the parties agree as follows:
1. The Recitals are true and correct.
CA 2/5/2013
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 Developers' obligation for
affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land
covered by Carlsbad Tract No.21-0005 (CT2021-005) by reason of the approvals of the
Tentative Map of CT2021-005, including Condition No. 22 of Planning Commission
Resolution No. 7456, and any other applicable approval.
(b) The Developer shall purchase one (1) affordable housing credit in the Tavarua
Affordable Housing developments (within the Northwest Quadrant of the City of
Carlsbad), based on availability, for an amount established by resolution of the City Council and
as required by Condition No. 22 of Planning Commission Resolution No. 7456 no later than two
(2) years following City Council approval of this Agreement. The credit fee shall be paid
prior to the Developer receiving any building permits for the project. The subject housing
credits will be reserved for said Developer for no longer than (2) years following City Council
approval of this Agreement. If the Developer does not purchase the subject credits within two (2)
years of the date of this Agreement, the City shall make the credits available to one or more
alternate developers and the Developer for this Agreement shall then be required to satisfy its
inclusionary obligation through alternate methods as approved by the City.
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. 22 of Planning Commission Resolution No. 7456. 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. 21-0005 (CT2021-0005).
4. HOLD HARMLESS
Developer will indemnify 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. This provision shall
survive the term of this Agreement.
5. NOTICES
All notices required pursuant to this Agreement shall be in writing and may be given by
personal delivery or by registed 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 & Homeless Services Department
Attn: Housing & Homeless Services Director
1200 Carlsbad Village Drive
Carlsbad, California 92008
2 CA 2/5/2013
TO THE DEVELOPER: 330 Chinquapin, LLC
Kevin Dunn, Manager
5315 Avenida Encinas, Suite 200
Carlsbad, Ca. 92008
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 the
housing lots.
THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK
3 CA 2/5/2013
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.
DEVELOPER1 .3?,ci Ch I l't-tl>-f 1 n UC
By fk,,_{;_,.--
Kevin di
Title: Manager
Dated: c; / l ~ /2,) ---L..---,7,_ ______ _
By:
CITY OF CARLSBAD /> ;J '---~ ~
Amanda Mills, Director
Housing & Homeless Services
Dated: __ 5___,_/_:;2__-s-;,_-/_.:i.._3 _____ _
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretaty under corporate seal empowering the office(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument.)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
APPROVED AS TO FORM:
Dated: __ s ___ /&-_'-~I -t-/_').._~ ___ _
4 CA 2/5/201 3
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
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On M~t~ ·2: 5: before me, Ana Alarcon, Notarx Public
personally appeared ~Od1\,_ \J\\\\ ~ (Here,nse nameandhtleoftheofficer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are 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(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. l • _, 0 ~ + ANA ALARCON • • [
COMM. #2333444 z
Notary Public • California ~
San Diego County ....
My Comm. Expires Sep. U, 2024r
Notary Public Signature (Notary Public Seal)
lNSTRUCTIONS FOR COMPLETlNG THJS FORM
ADDITION AL OPTION AL INFORMATION This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached 10 the document. Acknowledgments
from other states may be completed for documents bemg sent to that state so long
as the wording does not require the California notary to violate California notary
law.
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages __ Document Date ___ _
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
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• State and County infonnation must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
lle/she/ffley, is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form .
• Signature of the notary public must match the signature on file with the office of
the county clerk.
❖ Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
❖ Indicate title or type of attached document, number of pages and date.
❖ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
' '
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ~ C½e ~ 0 )
On IW\c,__,, d--'.:> i'..() Z, ', before me, L Iv\ • :::, \J,o,_ YI VV.-V.. N o \v~ f' cJ. \ L <..
' ' (insert name and title cl the offic
personally appeared ~-e._\}\ Q SJ \A,,.,\(\ r\
who proved to me on the basis of satisfactory evidence to be the person(.s}-whose name~ is/are--
subscribed to the within instrument and acknowledged to me that he/-SAelthey executed the same in
his/Aerltheir authorized capacity(iesr,and that by hislherftheir signature(sron the instrument the
person(~or the entity upon behalf of which the person(s}'acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature 'J ,m · ~ (Seal)
L. M. SHANNON
COMM. #2339435 z
Notary Public • Caflfornia ~
San Diego County ..
M Comm. Ex Ires Oec. 6 2024
I • \ j \, •
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF
CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS: NORTHEASTERLY HALF OF LOT 3 IN BLOCK "S" OF
PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 25 , 1924, THE
SOUTHWESTERLY BOUNDARY LINE THEREOF BEING PARALLEL WITH AND
DISTANT 70.00 FEET SOUTHWESTERLY FROM NORTHEASTERLY BOUNDARY LINE
OF SAID LOT.
APN: 206-020-11-00
5 CA 2/5/20 13