HomeMy WebLinkAboutCT 13-02; Coastal Living 10 LLC; 2014-0310440; Affordable Housing Agreement/ReleaseDOCtt 201
llllllllllllllllllllllllllllllll
03
lllll
0440
Illlli
^% Recording Requested bv:
/^ City of Carlsbad
When Recorded Mail to:
City of Carlsbad
City Clerk's Office
Attn: CityClerk
1200 Carlsbad Village Drive
Carlsbad. Califomia 92008
JUL 23, 2014 11:38 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Emest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 30.00
PAGES:
(Space above for Recorder's Use)
AFFORDABLE HOUSING AGREEMENTv2
(Purchase of Credits)
THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this
9^ day of CXuJbL^ . 2014, by and between the CITY OF CARLSBAD, a municipal
:itj£i') andOCo corporation ("Citjj?') andUCoastal Living 10 LLC, ("Developer"), a Califomia limited liability
corporation, 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 "Exhibit A", which is attached hereto and incorporated
herein by this reference, and which is the subject of a Tentative Map (CT 13-02), which provides
conditional approval of the construction of ten (10) dwelling units ("Project").
B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Agreement shall be
entered into between the City and the Developer as a means of satisfying the Developer's
affordable housing obligation, as such is defined under Chapter 21.85 ofthe Carlsbad Municipal
Code. Planning Commission Resolution No. 7012 provides that the Affordable Housing
Obligation of two (2) units ("Affordable Housing Obligation") 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 tme 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. 13-2 by reason of the approvals ofthe Tentative Map of CT 13-2,
including Condition No. 14 of Planning Commission Resolution No.7012, and any other
applicable approval.
CA 2/5/2013
(b) The Developer shall purchase two (2) affordable housing credits in the Cassia
Heights Affordable Housing developments (within the Southwest/Southeast Quadrant ofthe City
ofCarlsbad), based on availability, for an amount established by resolution ofthe City Council
and as required by Condition No. 14 ofPlanning Commission Resolution No. 7012 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 pennits for the project. The subject housing credits
will be reserved for said Developer for no longer than (2) years following City Council approval
ofthis 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 altemate
developers and the Developer for this Agreement shall then be required to satisfy its inclusionary
obligation through altemate 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 Planning Commission Resolution No. 7012. 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. 13-02.
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 attomeys' 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. This provision shall
survive the term of this Agreement.
6. 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, retum receipt requested to the party to receive
such notice at the address set forth below:
TO THE CITY: City of Carlsbad
Housing & Neighborhood Services Department
Attn: Housing & Neighborhood Services Director
1200 Carisbad Village Drive
Carisbad, Califomia 92008
TO THE DEVELOPER: Brian Merritt
Coastal Living 10, LLC
7668 El Camino Real 104-108
Carlsbad, Ca. 92009
C A 2/5/2013
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 imless 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.
//
//
//
//
//
// INTENTIONALLY LEFT BLANK
//
//
//
//
//
//
//
//
//
CA 2/5/2013
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 ofthis 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
ofthe day and year first above written.
DEVELOPER
COASTAL /.ic^//u€n 70^ LLC
By: JS'tr ^sj^^y r>ip./r?/r^^ /AC
Title: /y7/lAJ/}G,^y,
OF CARLSBAD
By:
Debbie Fountain, Housing ana
Neighborhood Services Director
Da.ed: 7Af//Y Dated: <7e//^/C Z^. ^-^y
By:
Name: <^ /Vl f\ [/ ^f\K)f:
Title: PnJiS> o(j?^^
Dated: /^/ZT
(Chairman, president or vice-president and secretary, as.9istant .secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified hy the secretary or assistant .secretary under corporate seal empowering the office(s)
signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument.)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
APPROVED AS TO FORM
Celia A. Brewe^ C^ Attorney
Jan6fm)baldi, Assistant City Attomey Dated: :AA:-/yyA^
CA 2/5/2013
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 40 of La Costa South Unit 1, according to the map thereof No. 6117, filed in the office ofthe
County Recorder of San Diego County, June 3,1968.
APN: 216-170-19
C A 2/5/2013
California
All-Purpose Acknowledgmerit
state of California
County of .._0^,yAA^.....
On J^*^^.:^!^ beforeme, l?oyA,F/^, t^otmy f^Sti^
personally appeared „
who proved to me on the basis of satisfactory evidence to be the person(j^ whose
name^ is/91^ subscribed to the within instrument and acknowledged to me that
he/sjsi/th^y executed the same in his/lT^^/thjastTr authorized capacity(ifi^, and that by
his/h^ffth^ir signaturefi^S on the instrument the personj^, or the entity upon behalf
of which the person^ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
the foregoing paragraph is true and correct.
WITNESS my hand icial seal.
Signa Notary Public
DON S. PARK r
Commission # 2021655 \
Notary Public - California 1
Orange County g
My Comm. Expires May 21,2017 L
My commission expires on: Mi/h^/Mf.^ojf}
Phone No.: