HomeMy WebLinkAboutCT 02-29; Trimark Pacific Homes LP; 2005-0850618; Affordable Housing Agreement/ReleaseRecording Requested by:
City of Carlsbad
When Recorded Mail to:
City of Carlsbad
City Clerk’s Office
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SEP 30,2005 459 PM
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Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
(Space above for Recorder’s Use)
AFFORDABLE HOUSING AGREEMENT 9, L
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 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
REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE
. HOUSING CREDITS.
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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
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TO THE DEVELOPER:
Trimark Pacific Homes, LP
61 3 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
Alisa Viejo, CA 92656-4105
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 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.
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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: TPH, LLC, a California limited
liability company,
Member-Manager
By: ALY
Sandra L. Holder
Community Development Director
/
By: Trimark Ventures, Inc.,
a California corporation,
Member
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:
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STATE OF CALIFORNIA ) 1 COUNTY OF OUuK& ) ss.
Wk~u ,a , personally known to me (ur
personwwhose nameH
iswubscribed to the within instrument and acknowledged to me that helddthey
executed the same in his/lwMmr * authorized capacitdnd that by hiskdthek
the instrument the person(b/ror the entity upon behalf of which the
executed the instrument.
WITNESS my hand and official seal.
(Seal)
My Commission Expires 10 7
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EXHIBIT 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.
PARCEL 2:
LIVING UNIT NOS. 1 THROUGH 36, AS SHOWN UPON THE VILLAS DE LA COSTA
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, (THE
"CON DO M I N I U M 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.
PARCEL 3:
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.