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HomeMy WebLinkAboutCT 05-10; K. HOVNANIAN AT CARLSBAD LLC; 2011-0287301; Affordable Housing Agreement/ReleaseDQCtt 2011-0287301 Recording Requested by: ^ \ IIIIIHI HI liHi 'III' Hill Hill Hill Hill Hill Hill Hill Hill Illl City of Carlsbad E? JUN06.2011 10:26 AM .... D . . ,. ... ,MX OFFICIAL RECORDSWhen Recorded Mail to: /i < SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER City of Carlsbad ™ °» City Clerk's Office JrALrJLjj. 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 2^? day of tJ\0c4 , 2011, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and_K.HOVNANIAN AT CARLSBAD, LLC., a California 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 a Tentative Map (CT05-10), which provides conditional approval of the construction of twenty-seven (27) single family dwelling units ("Project"). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and Developer as a means of satisfying 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. 6096 provides that the Affordable Housing Obligation of five (5) 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. CT05-10 by reason of the approvals of the Tentative Map of CT 05-10, including Condition No. 15 listed in Planning Commission Resolution No. 6096, and a Planned Unit Development (PUD 05-08), and any other applicable approval. (b) Developer shall purchase five (5) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. 15 of Planning Commission Resolution No.6096. The fee shall be paid prior to Developer receiving any building permits for the Project. Approved 2/17/11 3. REMEDIES Failure by 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. 15 of Planning Commission Resolution No. 6096. 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. 05-10. 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: K. Hovnanian at Carlsbad, LLC Attn: Chief Legal Officer 1500 S. Haven Ave., Suite 100 Ontario, California 91761 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 2/17/11 8. SUCCESSORS This Agreement shall benefit and bind Developer and its successors and assigns. . 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 K. Hovnanian at Carlsbad, LLC a California limited liability company City of Carlsbad, a municipal corporation By: K. Hovnanian Companies of California, Inc. a California Coraoratic Name Shane Maloney Title Vice President of Operations By: John Coates, Assistant City Manager By: _ Nam 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. ** Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 By: ,- f'*?- // v>a~he Mobafdi, Assistant City Attorney Approved 2/1 7/11 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On Ma\j2U before me, personally appeared _ 0 D C (Hefff'insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the personO^whose name^s) is/are^ubscribed to the within instrument and acknowledged to me that he/ske&hsy executed the same in his/hcr/thotr authorized capacity (4es), and that by his/her/their signature^) on the instrument the person^, or the entity upon behalf of which the person(s)-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. H Signature of Notary Public (Notary MORGEN FRY f Commission #1918442 | Notary Public - California z San Diego County | My Comm. Expires Dec 24,20141 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER, D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorp^in-Fact D Tptr£tee(s) •'Other INSTRUCTIONS FOR COMPLETING THIS FC Any acknowledgment completed in California must contain vprmage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document^fhe only exception is if a document is to be recorded outside of California.^insuch instances, any alternative acknowledgment verbiage as may be printef^on such a document so long as the verbiage does not require the notary to ji6 something that is illegal for a notary in California (i.e. certifying the authored capacity of the signer). Please check the document carefully for proper npfarial wording and attach this form if required. • State and Countyitrformation must be the State and County where the document signer(s) perspnSTly appeared before the notary public for acknowledgment. • Date ofjxrfarization must be the date that the signer(s) personally appeared which mysralso be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization. Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. tie/she/they, is /afe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with the office of the county clerk * Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <• Indicate title or type of attached document, number of pages and date. <• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On fa 20 1/ before Date personally appeared me, } /710/0W rf-- Here fnlert Name and Title oflhe Officer i'Name(s) of Signer(s) CATHIE ZHOU ~» Commission * 1819063 I Notary Public - California I San Bernardino County i My Comm. Expires Oct 21.20121 who proved to me on the basis of satisfactory evidence to be the persorj^sfwhose namej(g£lfibre' subscribed to the within instrument and acknowledged to me that fjg&he/trrey executed the same in^Tigfaer/their authorized capacity(iee)rand that by^Tijp'keiT'triSlr signature(8^on the instrument the persorj^for the entity upon behalf of which the person(s) 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, Place Notary Seal Above Signature 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: /rlArth /(?,Number of Pages: igner(s) Other Than Named Above: Capacity(iesTXMaimed by Signer(s) Signer's Name: D Individual D Corporate>0fficer — Title(s): arta^f-— D Limited n General Signers Name: CH Individual D Corporate Officer D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: in Fact D Trustee D Guardian or Con D Other: Top of thumb here Top of thumb here Signer Is Representing:Signer Is Representing: ©2007 Nationai Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Lot 171, of Carlsbad Tract No. 73-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 7996, filed in the Office of the County Recorder of San Diego County, August 2, 1974. Approved 2/17/11