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Home My WebLink AboutCT 04-21; Enright, Robert; 2006-0399371; 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 13649 F? DOC# 2006-0399371 JUN06, 2006 4:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 23.00 PAGES: 6 2006-0399371 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this - day of V7?a^- , 2006, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter deferred to as the "City"), and Robert Enright, property owner, (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 04-21 which provides conditional approval of the construction of up to nine (9) airspace condominiums ("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. Design Review Board Resolution No. 300 provides that the Affordable Housing Obligation of two (2) units may be satisfied by the purchase of affordable housing credits in an off-site combined project, 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. THAT SATISFACTION OF DEVELOPER'S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. June 11,2002 13650 (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 covered by Carlsbad Tract No. CT04-21 by reason of the approvals of the Tentative Map of CT 04-21, including Condition No. 14 listed in Design Review Board Resolution No. 300, and any other applicable approval. (b) The Developer shall purchase two (2) Affordable Housing Credits in the Roosevelt Street Condominiums project (within the Northwest Quadrant of the City of Carlsbad) for an amount established by resolution of the City Council and as permitted by Condition No. 14 of Design Review Board Resolution No.300 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 two (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 said Developer for this Agreement shall then be required to satisfy said inclusionary housing 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. 14 of Design Review Board 300. 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 04-21. 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. June 11, 2002 13651 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 TO THE DEVELOPER: Robert Enright 224 Violet Avenue San Marcos. Ca. 92078 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. June 11, 2002 13652 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 Robert E. Enright By: Name Title CITY City of Carlsbad, a Municipal corporation By: Sandra L. Holder Community Development Director By: Name Title 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: RON/cfc^R. BALL, City Attorney By: gsistai>t City Attorney gV 2. z/ 06. June 11,2002 13653 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY The land referred to in this report is situated in the State of California, County of San Diego and is described as follows: The Northeast half of Lot 26, Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. APN: 203-101-02 Al,!ee Attached California Ail-Purpose Acknowledgment June 11,2002 13654 California Ali-Purpose Acknowledgment STATE OF CALIFORNIA COUNTY OF SAN DIEGO On A 0 0(2 , before me, B. R. Mehta, Notary Public, personally appeared DATE NAME(S) OF SIGNER(S) D B. R. MEHTA COMM. #1581280 m Notary Public-CaHfornla <2 SAN OIEOO COUNTY •* My Comm. Exp.May22,2009 fr personally known to me 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF +4OTAKV 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 DOCUMENT DATE NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE . CAPACITY(IES) CLAIMED BY SIGNER SIGNER'S NAME D INDIVIDUAL D CORPORATE OFFICER—TITLE(S) D PARTNER—D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE D GUARDIAN OR CONSERVATOR D OTHER SIGNER IS REPRESENTING RIGHT THUMBPRINT OF SIGNER