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HomeMy WebLinkAboutCT 04-14; Luke Development LLC; 2008-0457180; 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 4545 F3i P DOC# 2008-0457180 AUG26, 2008 12:32 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT -*- THIS AFFORDABLE HOUSING AGREEMENT ('Agreement") is entered into thiscg/ day of 00? . by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and Luke Development, a Limited Liability Corporation (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 04-14), which provides conditional approval of the construction of 14 multilevel twin homes ("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. 6329 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 21.85, 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. The Recitals Are True And Correct. 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. 04-14 by reason of the approvals of the Tentative Map of CT 04-14, including Condition No. 2 listed in Planning Commission Resolution No. 6329. and a Planned Unit Development (PUD 04-12), 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. 2 of Planning Commission Resolution No. 6329. The fee shall be paid prior to the Developer receiving any building permits for the project. Approved 3/1/07 4546 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. 2 of Planning Commission Resolution No. 6329. 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. 04-14. 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 Developers' 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 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 and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE DEVELOPER: Luke Development, LLC Attn. Chris Coseo 18790 Heritage Drive Poway. CA 92064 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. Approved 3/1/07 7 4547 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER LUKE DEVELOPMENT, LLC By: By: Name Title Name Title CITY City of Carlsbad, a municipal corporation By: Sandra L. Holder Community Development Director 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 Approved 3/1/07 s 4548 STATE OF CALIFORNIA ) ) ss. COUNTY OF 3a m)»eui 0 ) , 2008, before me, ( c/ y(C- _ , a Notary Public, personally appeared OJnfcA'sioph'Y'' C_CZ>g.D _ 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 certified under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handed official seal. f ^^ commS t Notary Pubic • Cawomta Ian Otogo County MyComm. Exf*«Aug7.201Q Signature [seal] 4549 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On L>\ Date 1~ personally appeared before me,rv V Here Insert Name arta Title of the Name(s) of Signer(s) BARBARA J.NEDROS Commission #1528315 Notafy Puttie • CoHfomio Son Diego County My Comm. Expires Nov 23.2008 who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -bis/her/tnetf authorized capacity(tes), and that by Ws/her/tbeir signature^) on the instrument the person(s), or the entity upon behalf of which the person(a)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature ^14 OPTIONAL - Q. Sgnatura* Notary Public 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: _ Document Date:Number of Pages:.1 Signer(s) Other Than Named Above: ^apacity(ies) Claimed by Signer(s) Signer's Nafl D D D D D D D Individual Corporate Officer — Titled Partner — D Limited D General Attorney in Fact Trustee Guardian or Conservator Other: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact ustee D GuaroTs»wir Conservator D Other:. RIGHT THUMBPRINT OF SIGNER ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402-Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 ATTACHMENT A 45 5Q LEGAL DESCRIPTION OF SUBJECT PROPERTY THAT PORTION OF LOT 7 OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ALONG THE WEST LINE OF SAID LOT 7, SOUTH 1°32'19" WEST 360.00 FEET; THENCE ALONG THE STRAIGHT LINE DRAWN THROUGH THE NORTHWEST CORNER OF LOT 6 OF FALCON HILL UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 5520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 88°43'21" EAST 264.90 FEET; THENCE NORTH 36°59'11" EAST 208.57 FEET TO THE BEGINNING OF A TANGENT 892.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 266.77 FEET THROUGH AN ANGLE OF 17°08'07" TO THE NORTH LINE OF SAID LOT 7; THENCE NORTH 88041'14" WEST 570.54 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS FOLLOWS: EXCEPTION PARCEL A: ALL OF THAT PORTION OF LOT 7, OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 89°11'20" EAST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 353.62 FEET TO THE TRUE POINT OF BEGINNING OF THAT PORTION TO BE DESCRIBED. THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24°15'57" EAST, A DISTANCE OF 156.94 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY BEING A POINT ON AN 892.00 FOOT RADIUS CIRCULAR CURVE, CONCAVE SOUTHEASTERLY (FROM SAID POINT THE CENTER OF SAID CURVE BEARS SOUTH 49°33'44" EAST); THENCE NORTHEASTERLY ALONG SAID CURVE, AND SAID GRANTOR'S BOUNDARY, AN ARC DISTANCE OF 206.00 FEET, THROUGH AN ANGLE OF 13°13'54", TO THE NORTH LINE OF SAID LOT 7; THENCE NORTH 89°11'20" WEST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 214.98 FEET TO THE TRUE POINT OF BEGINNING OF THE PORTION DESCRIBED. EXCEPTION PARCEL B: ALL OF THAT PORTION OF LOT 7, OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, BEING ALSO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 89°11'20" EAST ALONG THE NORTH LINE OF SAID LOT 7 A DISTANCE OF 303.94 FEET TO THE TRUE PONT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 24°15'57" EAST A DISTANCE OF 200.85 FEET TO THE SOUTHEASTERLY BOUNDARY OF GRANTOR'S PROPERTY, BEING A POINT ON THE ARC OF AN 892 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, (FROM SAID POINT THE Approved 3/1/07 CENTER OF SAID CURVE BEARS SOUTH 52°48'16" EAST); THENCE NORTHEASTERLY ALONG SAID 892 FOOT RADIUS CURVE, THROUGH AN ANGLE OF 3°14'32" FOR AN ARC DISTANCE OF 50.48 FEET; THENCE NORTH 24°15'57" WEST A DISTANCE OF 156.94 FEET; THENCE NORTH 89°11'20" WEST A DISTANCE OF 49.68 FEET TO THE TRUE POINT OF BEGINNING. 4 5 *> 1 (APN: 156-090-41) Approved 3/1/07 / /