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Home My WebLink AboutCT 03-06; Tabata, Noboru & Evelyn & Isokazu; 2005-0850706; Affordable Housing Agreement/ReleaseDOC # 2005-0850706 If (I Recording Requested by: I@ &p City of Carlsbad When Recorded Mail to: I llllllll Ill 111111111111111 11111 111ll11111 Ill11 111ll1llll11111 Ill1 1111 SEP 30,2005 459 PM UFFICIAL RECDRLIS SAN DIEGO COUNTY RECORDER’S OFFICE GHEGUKY J SMITH, CDUNTYRECURDER Pb,G E S 7 FEES n nu 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 12th day of September, 2005, 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 (16) 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 35, 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 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 11,2002 covered by Carlsbad Tract No CT03-06 by reason of the approvals of the Tentative Map of CT03-06, including Condition No. 1 O(b) 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. 1 O(b) 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. 1O(b) 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. 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: Noboru & Evelyn Tabata Isokazu Tabata P.O. Box 679 Carlsbad, Ca. 92018 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 By: x* Q& By: Name Noboru Tabata Title Owner Community Development Director By: Title By: d& Name IGkazu 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 June 11 , 2002 1 1 STATE OF }ss. COUNTY OF , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) 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(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Title of Document Date of Document abLe 'ticLCSIh2 bd ffo. of Pages I I Other signatures not acknowledged Exh i bi t "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