HomeMy WebLinkAboutCT 02-07; Saddleview LLC; 2005-0850617; Affordable Housing Agreement/Release[IUC # 2005-085061 7
RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
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SEP 30,2005 459 PM
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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 12th day of
September, 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 that the Developer purchase two 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 2 1.85 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 REOUIREMENTS 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
09/12/2005 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
6/27/2005 2
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. 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 City of Carlsbad, a municipal corporation
By:
Authorized Signor Community Development Director
APPROVED AS TO FORM:
CIf% ATTORNEY
06/29/2005 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
L } SS.
State of California
County of *sFi M 34*, h&d IA- {&k,L.;L ,
Name and Title of Officer (e g , "Jane Doe, Notary Public")
On 6-aq-xcc , before me,
personally appeared -Don n/lacL-Cq- 1
Date
Name@) of Signer@)
Place Notary Seal Above
W/personally known to me
0 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
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(@, or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNW my hand and official seal.
- S@ature of Notary Public
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.
Description of Attached Document -
Title or Type of Document: fi.10,JLbft &,& /&q( 4Qb-l-d-e
Document Date: Number of Pages: 5
Signer(s) Other Than Named Above: k)Ot'lP[d &a I/, d4~ WR /-bid e
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Individual
Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conseyator '
&Other: &c~--ktrtz~-L -&pd
Signer Is Representing: &hrnda.
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Signer's Name:
0 Individual
0 Corporate Officer -Title@):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
I I
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Q 2004 Nabonal Notary Assmatron * 9350 De Soto Ave , PO Box 2402 Chatswoilh, CA 91313-2402 Itern No 5907 Reorder Call Toll-Free 1-800-876-6827
6/27/2005
ATTACHMENT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
5
s Fo~m No. 1402.70
Owner's 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 DESCRIPTION NO. 5, SAID POINT
BEING THE INTERSECTION OF LAUREL TREE ROAD AND THE 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 SOUTHWESTERLY 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
1845" 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 NORTHEASTERLY, HAVING A RADIUS OF 570.00 FEET; THENCE
NORTHWESERLY 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 INTERSECnON OF THE CENTER LINE OF LAUREL TREE LANE AND THE
NORTHERLY LINE OF SAID DESCRIPTION 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 SOUTHWESTERLY AND SOUTHEASTERLY 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 UNE OF
LAUREL
TREE LANE, SOUTH 18 DEGREES 3857'' 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
fist American Tttle
' Form No. 1402.70
Owner's Policy (Amended 10-17-70)
Order Number: 1661716
Page Number: 8
THE CENTER LINE OF LAUREL STREET LANE; THENCE ALONG SAID LINE NORTH 71 DEGREES
21'03" WEST, 301.37 FEET TO 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 COMPLINACE
RECORDED JULY 30, 1998 AS INSTRUMENT NO. 1998-0474921 OF OFFICIAL RECORDS.
PARCEL 2:
LOT 115 OF CARLSBAD TRACT NO. 84-32(A), UNll 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 UnUTY 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.
EXCEPTING FROM SAID 60 FOOT STRIP, THAT PORTION WHICH LIES WlTHIN 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 FILE/PAGE NO. 89-239677 OF
OFFICIAL RECORDS, THAT PORTION BEING A PORTION OF THE EASEMENTS FOR ROADWAY
AND UTIUTY 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 DESCRIPTION NO. 4 OF SAID RECORD OF SURVEY MAP NO. 5715 SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER LINE OF LAUREL
TREE LANE, SOUTHWESTERLY 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
Fkst American Title
' ' FormNo. 1402.70
Owner's Policy (Amended 10-17-70)
Order Number: 1661716
PageNumk 9
CENTRAL ANGLE OF 84 DEGREES 56'26"; THENCE TANGENT TO SAID CURVE SOUTH 71
DEGREES 21'03" EAST 301.37 FEET; THENCE LEAVING SAID CENTER UNE 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.
fitst American 77tle