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HomeMy WebLinkAboutCT 15-11; Carlsbad Buena Vista 12 LP; 2019-0054131; Affordable Housing Agreement/Release• ,,,, RECORDING REQUESTED BY: City of Carlsbad DOC# 2019-0054131 111111111111 IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII AND WHEN RECORDED MAIL TO: Feb 14, 2019 02:24PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0.00) City Clerk City of Carlsbad PAGES 31 1200 Carlsbad Village Dr Carlsbad,Ca.92008 1 2 D Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on _______ (date) as document number ____________ of Official Records, or, 3 D Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on __________ (date) as document number(s) ________________________ of Official Records, or 5 D Exempt from fee per GC27388.l; document transfers real property that is a residential dwelling to an owner-occupier, or, 6 D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier, or, 7 D Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring the dwelling to the owner-occupier was recorded on __________ (date) as document number(s) __________________________________ , or, 8 D Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 IZJ Exempt from fee under GC27388.l for the following reasons: GC27388.1 (2)(0): real estate document recorded by a municipality THIS PAGE ADDED TO PROVIDE SENATEBIU.2EXEMPTIONINFORMAT1ON (Additional recording fee applies) I '-I Recording 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 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT (Second or Accessory Dwelling Units) THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this ____ day of ______ , 2017, by and between the CITY OF CARLSBAD, a municipal corporation ("City"), and CARLSBAD BUENA VISTA 12, LP a Delaware limited partnerhsip corporation, ("Developer"), 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 15-11, which provides conditional approval of the construction of twelve (12) single family dwelling units ("Project"). B. Condition No. 12 of Planning Commission Resolution No. 7202 states 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, as such is defined under Chapter 21.85 of the Carlsbad Municipal Code ("Affordable Housing Obligation"). Planning Commission Resolution No. 7202 provides that the affordable housing obligation will be satisfied by applying the requirements set forth in this Agreement for construction of second or accessory dwelling units on affordable housing lots ("Affordable Housing Lots"). The Affordable Housing Lots which are subject to this Agreement are: Lots 2 & 7 of Carlsbad Tract No. 15-11 in the City of Carlsbad, County of San Diego, State of California, according to Map No. 16301 filed with the County Recorder of San Diego County on 9/14/2018. C. Developer intends to construct the required inclusionary units concurrent with the project's market units that are also identified on Exhibit "A". The Affordable Housing Lots shall be subject to this Agreement and this Agreement shall be recorded on the title for each Affordable Housing Lot. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: !0!0117\2059295.1 1. The Recitals Are True And Con-ect. 2. THE AFFORDABLE HOUSING OBLIGATION SHALL BE SATISFIED BY CONSTRUCTION OF SECOND OR ACCESSORY DWELLING UNITS. 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 in Tentative Map CT 15-11_, by Condition No. 12 in Planning Commission Resolution No. 7202 and any other applicable condition of approval. 3. SECOND OR ACCESSORY DWELLING UNITS. (a) Construction of Second or Accessory Dwelling Units. Developer shall at the time a residential structure is constructed on the Affordable Housing Lot, include in such residential structure a Second or Accessory Dwelling Unit as defined under and subject to the requirements contained in Municipal Code Section 21.85.070. The second or accessory dwelling unit shall have no interior entrance into the single family home, a separate exterior entrance to the second dwelling unit, and provide for a one bedroom unit with a full kitchen with full size appliances including but not limited to a full size stove with oven, a full size refrigerator and full size sink. The second dwelling unit may be used for no purpose other than a residential rental unit; the unit may not be used as a sh01t te1m vacation rental or similar purpose at any time. (b) Restriction on Rental of Second or Accessory Dwelling Unit. The maximum monthly rent for any Second or Accessory Dwelling Unit, subject to this Agreement, which becomes rented or leased shall not exceed an amount of 1112th of thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at seventy percent (70%) of the San Diego County median income, as such median income is published by the United States Department of Housing and Urban Development from time to time. For purposes of this Agreement, "Rent" shall include a utility allowance as established and adopted by the City of Carlsbad Housing Authority, as well as all required monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant (but not including fees and charges resulting from any default by the tenant or damage caused by the tenant, or fees or charges paid by the tenant to third party utilities or other providers). A sample schedule showing the calculation of the maximum rental amount as for 2011 is attached to this Agreement as Exhibit "B". (c) Restriction on Tenant Income. The Affordable Units shall be available to households with incomes not exceeding 80% of the median income for San Diego County, adjusted for actual household size. ( d) Covenants and Restrictions Governing Rental of Affordable Second or Accessory Dwelling Unit. Developer shall require the purchaser from Developer of an Affordable Housing Lot upon which a Second or Accessory Dwelling Unit has been constructed to execute and record the Agreement Containing Covenants and Restrictions Governing Rental of Affordable Second or Accessory Dwelling Unit as set forth in Exhibit "C" which sets forth the restrictions on use of the Second or Accessory Dwelling Unit and the income and monthly rental rate restrictions not to 2 IO 10\17\2059295.1 exceed the rate set fo1ih in paragraph 3(b). Developer shall complete the agreement, obtain purchaser signature and forward a purchaser executed copy of the Agreement to the City Housing and Neighborhood Services Director for review, approval and execution prior to close of escrow. Following execution of said Agreement by purchaser and the City of Carlsbad, the Agreement shall be deposited to escrow for recordation against said property with an affected lot. (e) Deed Restriction. Following sale of an affected lot, the Developer shall provide a copy of the recorded Agreement Containing Covenants and Restrictions Governing Rental of Affordable Second Dwelling Unit" owner agreement as set fo1ih in Exhibit "C", which shall provide proof of the deed restriction and that said restriction will run with the land so as to restrict subsequent transfers. 4. 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. l 2_of Planning Commission Resolution No. 7128. 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. 15-11. 5. 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, and/or actions, allegedly caused by, arising out of or pertaining in any manner to Developer's actions or defaults pursuant to this Agreement, and Developer shall protect and defend Indemnitees, and any of them with respect thereto. This provision shall survive the term of this Agreement. 6. INSURANCE Developer shall obtain, at its expense, commercial general liability insurance for development of the Project naming Indemnities as additional insureds with aggregate limits of not less than one million dollars ($1,000,000) purchased by Developer from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, with a current Best's Key Rating of not less than A-:VII, such insurance to be evidenced by an endorsement which so provides and deliver to the City Clerk prior to the issuance of any building permit for the Project. 7. 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 fmih below: TO THE CITY: IO 10117\2059295. I City of Carlsbad Housing & Neighborhood Services Department 1200 Carlsbad Village Drive Carlsbad, California 92008 3 TO THE DEVELOPERS: Carlsbad Buena Vista 12, L.P. 5927 Priestly Drive, Suite 110 Carlsbad, Ca. 92008 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 f01th above. 8. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the patties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 9. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. The restriction set forth in Paragraph 3(b) above shall terminate as to the Affordable Housing Lot at such time as the Second or Accessory Dwelling Unit on the Affordable Housing Lot has reached the end of its useful life, which is assumed to be not less than 55 years from the date of completion of original construction. 10. SUCCESSORS This Agreement shall benefit and bind Developers and any successive owners of Affordable Housing Lots. 11. 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 neve1iheless, be and remain in full force and effect. (Remainder of Page Intentionally Left Blank) 4 10 I0\1712059295.1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER CITY OF CARLSBAD By: ewe Carlsbad 12, LLC ~ ~ J_ \ Carlsbad Buena Vista 12, L.P. By: ::\,2)J,,·P t:1;,1..-vi_La,.._j Its: By: General Partner Debbie Fountain Robert H. Thome ~ommunity & Economic Dev. Director Title: Dated: CEO l, / '2-] { I '.B Dated: 7 /iJ / l Z:2 (Chairman, president or vice-president and secreta,y, assistant secretary, CFO or assistant treasurer must sign for co,porations. Otherwise, the co,poration must attach a resolution certified by the secreta,y 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 Developer must be attached.) APPROVED AS TO FORM: 5 1010\17\2059295 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Di ego On ----~i.+/_:i.--.~,_,h,_'I_._( __ before me, __ M_._K_. _S_t_u_c_k_e~y---',,__.o~o-t-a~r.....,y,__.,,..p~u~b~J~i~· c~---~ ?late Here Insert Name and Title of the Officer personally appeared ___ R_o_b_e_r_t_H_._T_h_o_r_n_e _________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name(~ is/ale subscribed to the within instrument and acknowledged to me that he/s\e/tyt::iy executed the same in his/h'\r/t~ir authorized capacity(i~), and that by his/ht,r/t\113ir signature(M on the instrument the personM, or the entity upon behalf of which the person~ acted, exe'cuted the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph M K STUCi,;EY is true and correct. Commission# 2107610 Notary Public -Caliiornia San Diego County M'/ Comm. Expires MJy 1 G, 201 ~1 ~~·~~•"'"-.~~~r~ -.._~~··<:~--:, -.. :-.... Place Notary Seal Above WITNESS my hand and official seal. Signature /.1,J(J/,J~ Signatur.; ~Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ D Partner -D Limited D General □ Partner -□ Limited □ General D Individual D Attorney in Fact □ Individual □ Attorney in Fact D Trustee D Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ='<Z=~=~~'g,.~'{3;"-_'{,~~~~~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of :Sx:>.n D, '!JJO ' ' - on:S u \ y I]. '.ab\$ before me, Pa±ci UQ.., L C tekc e~ Nab~ Q1b (, C 1 Date Here Insert Name a Title of t e Officer personally appeared DQ bb 1e .. ~(\t7J. .\ n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s( whose nam~ is/are subscribed to the within instrument and acknowledged to me that i',e/she/they executed the same in -rus/her/U:ieir authorized capacity()e$), and that by ~her/thcrtr signature(ft) on the instrument the personOO, or the entity upon behalf of which the person.(S) acted, executed the instrument. ~a~~~:• . 0 PA;I; 2 c:s~: * l _ • · ~ Notary Public -California ◄ _. 7 Z ::i: t -.' -San Diego County ;:: • Commission# 2239911 - "•, ...... , My Comm. Expires M.Jy 24, 2022 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Ti h this section is optional, completing this information can deter alteration of the documi::~7"1 fraudulent reattachment of this form to an unintended document. Description of Attac Document Title or Type of Document:-""'-,_=------------ Number of Pages: ___ Signe Capacity(ies) Claimed by Signer(s) Signer's Name: ----------.,,.,..=-----= Corporate Officer -Title(s): --~---- □ Partner - I I Limited □ Ge ~ Individual l J Attor J Trustee [ J Other: -----,-------------- Signer Is [J Individual I_J Trustee orney in Fact [J Guar or Conservator lJ Other: ----------~=----- ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY City of Carlsbad M.S. 2017-0002, Parcel Map #21588, Being a subdivision of a portion of Lot 30 of Patterson's Addition to the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to map thereof NO. 565, filed in the office of the County Recorder of San Diego County on September 22, 1888 and a portion of Section 31, Township 11 South, Range 4 West, San Bernardino Meridian. 2 parcels 4.57 acres. 6 1010\17\2059295. l EXHIBIT B MAXIMUM MONTHLY RENTAL AMOUNT Maximum rent based on 2018 income levels. Rents may be adjusted to new income levels on an annual basis. Maximum rent also assumes that all utilities are included within the monthly rental rate. If utilities are not included in the monthly rental rate and the tenant must pay the utilities separately, an adjustment must be made in the monthly rental rate for a utility allowance. Owner should contact the City of Carlsbad Housing and Neighborhood Services Department for the applicable utility allowance. Rental Chart -2017 -70%of AMI maximum household income HH Size Bedroom Size 1 1.5 1 bedroom 2 Assumed HH size (for rent calculation): *1 bedroom = assumed 1.5 persons IO 10117\2059295.1 Max. Gross HH Max. Monthly HH Income (80% AMI) Income $54,500 $ 4,542 $62,300 $ 5,192 7 Max. Rent* $1,362 $1,460 $1,557 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Carlsbad City Clerk's Office 1200 Carlsbad Village Drive . Carlsbad, CA 92008 No fee for recording pursuant to Government Code Section 27383 E HIBIT C AGREEMENT CONTAINING COVENANTS AND RESTRICTIONS GOVERNING RENT AL OF AFFORDABLE SECOND OR ACCESSORY DWELLING UNIT THIS AGREEMENT CONTAINING COVENANTS AND RESTRICTIONS GOVERNING RENTAL OF AFFORDABLE SECOND OR ACCESSORY DWELLING UNIT (the "Agreement") is made and entered into as of _________ , 20_ (the "Effective Date"), by and between the City of Carlsbad, a municipal corporation (the "City"), and ________ , or any successor in interest (collectively, the "Owner") with reference to the following: RECITALS A. Owner is the fee owner of that certain property in the City of Carlsbad, California, which is more particularly described in Exhibit A (the "Property"). As of the Effective Date, two (2) housing units are located, or will be constructed, on the Property. One unit shall be referred to herein as the "Primary Unit" and the other unit shall be referred to herein as the "Second or Accessory Dwelling Unit". Such units are designated on Exhibit B. B. The Property, and other real prope1ty, are the subject of (Tentative) Map----~ and Site Development Plan ____ ~ which provided conditional approval of the construction of ____ single family dwelling units (the "Master Development"). C. Condition No. of Planning Commission Resolution No. for the Master Development required, among other things, that the City and _________ (the "Developer") enter into that ce1tain Affordable Housing Agreement dated as of ________ , 20 _, and recorded in the Official Records of San Diego County (the "Official Records") on ______ , 20_, as document _____ (the "Affordable Housing Agreement"). The Affordable Housing Agreement encumbers the Property and the other real property on which the Master Development is developed. D. The Affordable Housing Agreement satisfied the Developer's affordable housing obligation, as set fmth in Chapter 21.85 of the Carlsbad Municipal Code (the "Affordable Housing Obligation"). The Owner, as the owner of the Property, is the successor-in-interest to the Developer. E. In conjunction with the approval of the Master Development, the Developer requested, and the City approved, the ability to satisfy the Master Development's Affordable Housing Obligation by providing the Second or Accessory Dwelling Unit on the Property as an alternative to providing for-sale single family dwelling units, as affordable units, in accordance with Chapter 21.85 of the Carlsbad . Municipal Code. Such approval is a form of assistance specified in Chapter 4.3 ( commencing with Section 65915) ofDivision l of Title 7 of the Government Code (the "Incentive"). Accordingly, the Owner is required to make the Second or Accessory Dwelling Unit available for rent exclusively to Low Income Households (as defined below) at an Affordable Rent (as defined below). 8 IO 10\17\2059295.1 F. This Agreement is required to be entered into by the City and the Owner, and recorded in the Official Records against the Property, in accordance with Section[_] of the Affordable Housing Agreement in order to comply with the requirements of the Affordable Housing Obligation and Chapter 21.85 of the Carlsbad Municipal Code. NOW THEREFORE, it is hereby agreed by and between the City and the Owner (each a "Party", and, collectively, the "Parties") as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the terms set fo1th below shall have the following meanings (other defined terms herein not referenced below shall have the meanings where first used). 1.1 "Affordable Rent" means the maximum allowable Rent for the Second or Accessory Dwelling Unit, equal to one-twelfth (1112th) of thirty percent (30%) of seventy percent (70%) of the Median Household Income for Low Income Households, adjusted for assumed household size of two persons in a one-bedroom or three persons in a two-bedroom. 1.2 "Eligible Household" means a household that has been dete1mined to be eligible to be a Tenant of the Second or Accessory Dwelling Unit as a Low Income Household. 1.3 "HCD" means the State of California Department of Housing and Community Development, or any successor 1.4 "HUD" means the U.S. Department of Housing and Urban Development, or any successor. 1.5 "Low Income Household" means a household whose income does not exceed the low income limits applicable to San Diego County, adjusted for household size, as determined by HUD and published annually by the. As of the Effective Date, such income limit is approximately equal to eighty percent (80%) of Median Household Income. 1.6 "Median Household Income" means median yearly income in San Diego County as determined by HUD and published by HCD. 1.7 "Rent" means the total monthly payment by the Tenant of the Second or Accessory Dwelling Unit for all of the following: (1) use and occupancy of the Second or Accessory Dwelling Unit and land and all facilities associated with the Second or Accessory Dwelling Unit, including but not limited to parking, storage, and use of any common areas; (2) any separately charged fees or service charges assessed by the Owner to the Tenant, except security deposits; (3) an allowance for utilities paid by the Tenant as established by the San Diego County Housing Authority, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, Internet, or cable or subscription TV; and (4) any other interest, taxes, fees or charges for use of the Property or associated facilities that are assessed by a public or private entity other than the Owner and paid by the Tenant. 1.8 "Tenant" means an Eligible Household entitled by w1itten or oral agreement with the Owner to have the exclusive right to occupy the Second or Accessory 9 I 010\1712059295.1 Dwelling Unit as a home or residence to the exclusion of all others. ARTICLE2 OWNER'S OBLIGATIONS 2.1 Rental of Second or Accessory Dwelling Unit to Eligible Households. The Owner shall ensure that the Second or Accessory Dwelling Unit is rented to, and occupied by, Eligible Households in accordance with this Agreement. The Owner shall not use the Second or Accessory Dwelling Unit for any other purpose other than as set forth in this Agreement; provided, however, nothing in this Agreement shall be deemed to prohibit the Second or Accessory Dwelling Unit from being vacant so long as such vacant Second or Accessory Dwelling Unit is not used by Owner (or any other person) for any purpose, including, but not limited to use by the Owner in conjunction with the use and occupancy of the Primary Unit. Except as set forth in the preceding sentence nothing in this Agreement limits the use or occupancy of the Primary Unit. (a) Income Ce1tification. The Owner shall not enter into a lease or rental agreement, or receive Rent from a Tenant, for the Second or Accessory Dwelling Unit unless the Owner has made a good faith eff01t to verify that the income provided by an applicant in an income certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay period; (2) obtain an income tax return for the most recent tax year; (3) conduct a credit agency or similar search; (4) obtain an income verification form from the applicant's cunent employer; (5) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (6) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of tenant income certifications shall be available to the City upon request. (b) Maximum Allowable Rent. The maximum Rent charged to the Tenant of the Second Dwelling Unit shall not exceed Affordable Rent. (c) Increased Income of Tenants. If, upon recertification of a Tenant's income pursuant to Section 2.2, the Owner determines that the Tenant's household income has increased and exceeds the qualifying income for a Low Income Household, then such Tenant shall continue to be considered an "Eligible Household", and shall be pe1mitted to continue to occupy the Second Dwelling Unit, at the rent set forth in subsection (c), above; provided, however, nothing in this Agreement shall prohibit the Owner from terminating such tenancy upon the expiration of such Tenant's lease. Following such Tenant's vacancy, the Owner shall lease the Second Dwelling Unit to an Eligible Household. (d) Information. At the request of the Owner, the City shall provide the Owner with the low and very low income limits applicable to San Diego County, adjusted for household size, as published from time to time by HCD. 2.2 Annual Certification. The Owner shall certify the Tenant's household income on an annual basis. The Owner shall provide the City with a certification, in the form attached as Exhibit C, no later than June 30th of each year of the Term setting forth the following 10 I 010117\2059295. I infmmation with respect to the Tenant occupying the Second Dwelling Unit: unit address, Tenant name, size of Tenant's household, unit size, and date first occupied, and a copy of the annual income certification obtained by the Owner from the Tenant. The purpose of the yearly Owner certification is to document Owner's compliance with the restrictions set fo1th herein. 2.3 Lease Provisions. The Owner shall use a form of Tenant lease (the "Tenant Lease") approved by the City for the Second Dwelling Unit. The City shall either approve or specify its basis for disapproval, if any, within thirty (30) days after the Owner submits such proposed form lease to City. The Tenant Lease shall, among other matters: (a) provide that the Rent may not be raised more often than once every twelve (I 2) months. The Owner will provide the Tenant with at least sixty ( 60) days written notice of any increase in Rent, and any Rent increase shall not violate the limitations imposed by this Agreement; (b) prohibit the Second or Accessory Dwelling Unit (or any portion of the Second Dwelling Unit) from: (i) any sublease, except as pe1mitted by Section 2.6, below; (ii) use as a "short-te1m vacation rental" (as such term is defined in Chapter 5.60 of the City of Carlsbad Municipal Code, as may be amended from time to time); (iii) use for tourist or transient use, or any other short-term rental; and (iii) being listed on any "hosting platform" (as defined in California Business & Professions Code 22590, as may be amended from time to time), including, but not limited to any Internet-based "hosting platform", such as "airbnb.com", or any similar service; (c) require the Tenant to provide an annual income ce1tification to the Owner; (d) include, at Owner's option, the obligation for Tenant to provide a security deposit not exceeding two months' rent; and (e) be for an initial term of one year. 2.4 Inspection. For purposes of confirming compliance with this Agreement, the Second Dwelling Unit shall be made available by Owner to be inspected by the City during regular business hours upon seventy-two (72) hours' written notice; provided, however, that any such inspection shall occur only once during any twelve (12) calendar month period unless: (i) the City receives a complaint that a Tenant is occupying the Second or Accessory Dwelling Unit in violation of this Agreement (or that the Owner is otherwise violating this Agreement); or (ii) a new Tenant is occupying the Second Dwelling Unit, in which case City may re-inspect. The Owner hereby irrevocably grants the City ( and its agents) a right of entry to enter the Prope1ty for the purposes of such inspection. 2.5 Records. The Owner shall maintain reasonably complete and accurate records pe1taining to such rental of the Second or Accessory Dwelling Unit throughout the duration of each tenancy. Owner shall permit any authorized representative of the City to inspect such records of any current Tenant upon reasonable notice, including those resident files pertaining to said rental, for the purpose of confoming compliance with the terms, conditions and covenants of this Agreement. 11 I 010\17\2059295.1 2.6 Assignments and Subletting. The Owner shall at no time pe1mit the Tenant to assign its leasehold interest in the Second or Accessory Dwelling Unit or to sublet all or a portion of the Second or Accessory Dwelling Unit to any person other than to another Eligible Household. Owner shall have the right to approve or disapprove any proposed assignment or sublease at Owner's sole discretion; provided that prior to approving any proposed assignment or sublease, Owner shall comply with the provisions of Section 2.1 above to confirm the eligibility of the proposed assignee or sub-lessee. 2.7 Agreement to Limitation on Rents. (a) The Owner acknowledges that the Property, as a component of the Master Development, received the Incentive from the City in connection with the approval of the Master Development, and the Incentive is a form of assistance specified in Chapter 4.3 ( commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Sections l 954.52(b) and l 954.53(a)(2) of the Costa-Hawkins Act provide that, where an owner has received such assistance, ce1tain provisions of the Costa-Hawkins Act do not apply if a prope1ty owner has so agreed by contract. The Owner hereby agrees to limit the Rents for the Second or Accessory Dwelling Unit, as provided in this Agreement, in consideration of the Property's receipt of the Incentive and fmther agrees that any limitations on Rents imposed on the Second or Accessory Dwelling Unit are in conformance with the Costa-Hawkins Act. (b) The Owner fmther wairnnts and covenants that the terms of this Agreement are fully enforceable. The Owner agrees and acknowledges that the City would not have provided the necessary approvals for the Master Development without the obligation to record this Agreement against the Property in the Officials Records, and that in providing the necessary approvals for the Master Development, the City was relying on the restrictions imposed on the Second or Accessory Dwelling Unit by this Agreement. 2.8 Deeds. Owner acknowledges that this Agreement shall be recorded in the Official Records against the Property, and any deed transferring any fee interest in the Property shall include the following language; provided, however, the failure to include the following language shall not limit, waive, or impair the obligations set forth in this Agreement: NOTICE: THE SECOND DWELLING UNIT ON THIS PROPERTY IS REQUIRED TO BE RENTED TO PERSONS MEETING CERTAIN ELIGIBILITY REQUIREMENTS AT A BELOW-MARKET RATE RENT, PURSUANT TO THE CITY OF CARLSBAD MUNICIPAL CODE. FOR MORE INFORMATION, SEE THE AGREEMENT RECORDED AGAINST THIS PROPERTY ENTITLED "AGREEMENT CONTAINING COVENANTS AND RESTRICTIONS GOVERNING RENTAL OF AFFORDABLE SECOND DWELLING UNIT". THE RESTRICTIONS SET FORTH IN SUCH AGREEMENT BIND ALL HEIRS AND SUCCESSORS TO THIS DEED. ARTICLE3 TERM 3 .1 Te1m. This Agreement shall become effective as of the Effective Date and shall remain in full force and effect for a term of fifty-five (55) years following the recordation of this Agreement in the Official Records unless the City elects, in the City's sole discretion, to terminate this Agreement by written instrument recorded in the Official Records. 12 IO 1011712059295.1 ARTICLE4 DEFAULT 4.1 Violations by Owner. Failure of the Owner to cure any default in the Owner's obligations under the terms of this Agreement within thirty (30) days after the delivery of a written notice of default from the City ( or such longer period of time up to an additional sixty (60) days as may be necessary to remedy such default, provided that the Owner has commenced action during the thirty (30) days necessary to remedy such default, and the Owner is proceeding with reasonable diligence to remedy such default) will constitute a default under this Agreement. 4.2 Remedies. Subject to the applicable notice and cure period set forth above, the City may exercise any and all remedies available to it at law or equity with respect to the Owner's failure to satisfy the te1ms of this Agreement. Owner acknowledges that any breach in Owner's performance of Owner's obligations under this Agreement shall cause i1Teparable harm to the City, and materially impair the public policy objectives set forth in the Carlsbad Municipal Code. Therefore, Owner agrees that the City is entitled to equitable relief in the form of specific perfmmance, and that an award of damages may not be adequate to compensate the City for Owner's failure to perform according to the terms of this Agreement. Notwithstanding the foregoing, the City, in its sole and absolute discretion, may elect the appropriate remedy for Owner's default under this Agreement. ARTICLES GENERAL PROVISIONS 5.1 Notices. All notices required pursuant to this Agreement shall be in writing and shall be deemed to have been duly given (a) upon personal delivery, including delivery by courier, or (b) three (3) business days after the mailing by registered or ce1tified mail, return receipt requested, to the Party to receive such notice at the addresses set forth below: To the City: City of Carlsbad Housing and Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 To the Owner: Any Party may cjiange the address to which notices are to be sent by notifying the other Parties of the new address, in the manner set forth above. 5.2 Entire Agreement. The Recitals set forth above, and all exhibits attached hereto, are hereby incorporated into this Agreement by this reference. This Agreement contains the entire agreement between the Patties as to the subject matter hereof, and supersedes any and all prior an-angements and understandings between the Parties, and no other agreement, statement 13 l010\1712059295. I or promise made by either Party hereto which is not contained herein shall be binding or valid provided, however, that nothing in this Section limits the effect or enforceability of the City of Carlsbad Municipal Code. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. The Parties have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party (including but not limited to Civil Code Section 1654 as may be amended from time to time) shall not apply to the interpretation of this Agreement. In the event of any conflict between the terms of this Agreement, and the terms of the disclosure statement executed by the City and the Owner in conjunction with this Agreement, the terms of this Agreement shall prevail. 5.3 Amendment. This Agreement may be amended only by the written agreement of the Parties. 5.4 Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any com1 of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable pursuant to any California statute which became effective after the Effective Date, the remaining portions of this Agreement shall neve11heless remain in full force and effect. 5.5 Waiver. The waiver of or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provisions hereof. 5.6 Covenant Running with the Land. The covenants and conditions herein contained shall apply to and bind, during their respective periods of fee ownership, Owner and its heirs, executors, administrators, successors, transferees, and assignees ( each a "Transferee") having or acquiring any right, title or interest in or to any pm1 of the Property, whether by operation of law or in any manner whatsoever, and shall run with and burden the Property for the entire Term unless or until released in accordance with Article 3. All of the provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including without limitation Section 1468 of the California Civil Code. Each covenant to do, or to refrain from doing, some act on the Property hereunder: (a) is for the benefit of the Property and is a burden on the Property, (b) runs with the Property, and (c) is binding upon each Party and each successive owner during its ownership of the Property or any portion thereof, and shall be a benefit to and a burden upon each Party and the Property hereunder and each other person or entity succeeding in an interest to the Property. 5.7 Assignment and Assumption; Release. Provided that a Transferee expressly assumes Owner's obligations hereunder pursuant to an assignment and assumption agreement in a form approved by the City in connection with the transfer of any part of the Property, the Owner shall be released from all obligations following the recordation of such assignment and assumption agreement in the Official Records. 5.8 Non-Discrimination. The Second or Accessory Dwelling Unit shall be available for occupancy to members of the general public. The Owner shall not give preference to any particular class or group of persons in renting the Second Accessory Dwelling Unit or selling the Property, except to the extent that the Second or Accessory Dwelling Unit is required 14 IO I 011712059295. I to be rented to Eligible Households; provided, however, there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income ( e.g., SSI), age, ancestry, disability, or any other basis prohibited by the Fair Housing Act or the Fair Employment and Housing Act in the leasing, transferring, use, occupancy, tenure, or enjoyment of the Second Dwelling Unit nor shall the Owner or any person claiming under or through the Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Tenants of the Second or Accessmy Dwelling Unit. The Owner has agreed to the obligations set fo1th in this Section in consideration for the Incentive. 5.9 Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or any third paity to create the relationship of principal and agent or of paitnership or of joint venture or of association. The relationship of the Paities is that of an owner of real property and an administrator of a City inclusionary housing program; fu1the1more, the Paities agree and acknowledge that this Agreement is in furtherance of the inherent power of City to regulate the use of land within City's jurisdiction. Owner further acknowledges, understands and agrees that the City does not undertake or assume any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Second or Accessory Dwelling Unit (or any other portion of the Property). The City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Property and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against the City for any loss, damage or other matter arising out of or resulting from any condition of the Property and will hold the City harmless from any liability, loss or damage as set forth in Section 5.10. Any review by the City of any documents submitted by the Owner to the City pursuant to this Agreement, including, but not limited to any Tenant Lease, is solely to confom compliance with the requirements of this Agreement and shall not be deemed to be a representation of any kind of the validity or legal enforceability of such document(s). 5.10 Hold Harmless; Indemnity. Owner shall indemnify, defend (with counsel reasonably selected by the City), and hold harmless the City and its officers, officials, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury or death of any person or damage to property or other liability of any nature, or any claims by a Tenant, a former Tenant or prospective Tenant, arising out of Owner's performance of its obligations hereunder, except where the cause of such is the gross negligence or willful misconduct of the City. The indemnification obligations set forth in this Section shall survive any termination or expiration of this Agreement. 5.11 Applicable Law and Venue. This Agreement shall be governed by California law. Venue for any dispute arising out of this Agreement shall be San Diego County. 5.12 Attorneys' Fees and Costs. In the event any action or proceeding in court or other dispute resolution mechanism permitted under this Agreement is commenced by either party to interpret or enforce the terms of this Agreement, the prevailing Party therein shall be entitled to recover from the non-prevailing Party all of the prevailing Paity's reasonable costs and expenses in connection therewith, including on any appeal and including expe1t witness fees, 15 IOI0\17\2059295.1 document copying expenses, exhibit preparation costs, carrier expenses and postage and communication expenses, and reasonable attorneys' fees and costs for the services rendered to the prevailing Party in such action or proceeding (which shall include the reasonable costs for services of the City's in-house counsel). 5 .13 Time is of the Essence. In all matters under this Agreement, the Parties agree that time is of the essence. References in this Agreement to days shall be to calendar days. If the last day of any period to give or reply to a notice, meet a deadline or undertake any other action occurs on a day that is not a day of the week on which the City of Carlsbad is open to the public for carrying on substantially all business functions ( a "Business Day"), then the last day for giving or replying to such notice, meeting such deadline or undertaking any such other action shall be the next succeeding Business Day. In no event shall a Saturday or Sunday be considered a Business Day. 5.14 Interpretation. The use in this Agreement of the words "including", "such as" or words of similar import when used with reference to any general term, statement or matter shall not be construed to limit such statement, term or matter to the specific statements, terms or matters, unless language of limitation, such as "and limited to" or words of similar import are used with reference thereto. The headings of this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions hereof. All pronouns and variations thereof shall be deemed to refer to the masculine, feminine, or neuter, and to the singular or plural, as the identity of the party or parties may require. 5.15 Government Standards. In the event any standard established and maintained by any governmental agency which is necessary to give effect to this Agreement ceases to exist, and no comparable replacement is issued, the Parties shall create a replacement standard utilizing the formula and factors previously used to create the discontinued standard. 5.16 No Limitation on Municipal Powers. Nothing in this Agreement shall limit, waive, or otherwise impair the authority and discretion of: (a) the City's Building Department, in connection with the review and approval of any proposed construction plans for the Property (or any change to such plans), or any use, or proposed use, of the Property; or (b) any other office or department of the City acting in its capacity as a governmental regulatory authority with jurisdiction over the development, use, or operation of the Property. 5.17 Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts, which shall constitute one and the same agreement. Remai11der of Page Left lllte11tio11ally Blank 16 JOI0\1712059295.1 Date. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective CITY: CITY OF CARLSBAD, a municipal corporation By: Name: Its: OWNER: By: Name: By: Name: (Signatures 11111st be notarized) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ce11ificate is attached, and not the truthfulness, accuracy, or validity of that document. 101011712059295. I STATE OF CALIFORNIA ) COUNTY OF ______ _ ) On _________ ., before me, -----------~ Notary Public, personally appeared _________________ , 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 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. Name: Name: Notary Public I 010117\2059295.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ST A TE OF CALIFORNIA ) ) COUNTY OF ______ _ On _________ , before me, _____________ , Notary Public, personally appeared __________________ , 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 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. Name: Name: Notary Public I 010\17\2059295.1 1010\17\2059295. l EXHIBIT A PROPERTY LEGAL DESCRIPTION [To be Inserted) A-1 owt:,ERS STAJBENI 11£ IEREBY srATC JHAT NE' ARE D£ OltN:RS' (T {R ARC INFfJi£Sl[D.,, D£ LANO sumaD lfY IIIS IIN' NIJ M£ ct:NSDlr ll1 11£ MPARAna/ NIJ RCCOIIMna/ <T T#fS MAP. M£ IDl!BY OCDICAre ll1 11£ PIJ8UC YADA Pu.CC NIJ PalllONS IT 8IJOIA ICSrA WAY, VMJEY SrllEU NI) 11<:t:J.1.UY I.NE AS v.sDIE>lr5 FrY1 PIJ8UC SrllEU AJ/0 PIJ8UC UrlJTY ~ AU. AS SHOWN t£/IECJI. 1£ IDl!BY RDMQJr.iH AJ/0 ll'A/1£ AU. AGa5S IOCH,S l1IOII LO,S I, i l <. II. ,WO I M N«J 10 VAL.L£l' STRECT ANO J#CCAtl.£Y l..ANC Ml AS SH<IIIH CW S4D IIJP 1£ ALSO H£R£BY Oll:A1£ A cm£HA.Nr (T PRJVAlr CASDIEJiT 00 l'ORTICWS (T LOTS I, .t J. 4. a 9, IQ H AMJ 12 FrR 11£ BDl£FIT (T HCM FOR ff IIAIN"fC/IAHCC IT 51.(>'( BROIi' DIIIX SICR£DI ll'AU.S AJIO Sll1RJJ DIWN FACJUrES AS SHOWN 1£11£CJI. rHIS CO>OWtr IS CRCAIED 1H101 C<lll.SIIAO IIINCIPAI. CaJC sccncw 20.04.140 ~ ,s 51.BECT 10 11£ REOUIREJIOll'S THEROt. CNiUBAO BU£HA \CS'TA 1Z. LP .. A 00.A.IMRC LM'lW PNHNERSHP BY: C'MC CARlSBAO 11. LL~ A CALl'ONA LMTE:D UAl/aJTY CO,,/PAHY IT'S: CDERN.. PARTNCR B~~ < NAJI£: RQSPT H. 1'fORHC nnc:gp FRST NICRJCAN 11n.£ "9JRANC£ C:0,,ANY, AS 11NSTa l,HJ£R DCllJ OF .TRUST RfCORt1CD ..U.Y I~ 20t• AS OOCIMDIT Nd 20ra-<aso91 CF a1JaAL R0XWDS. B1'#'4. t:. r:, .. ,a,.,-{,,_ I NAJI£:'°'' CARPQtlffl nnc: WCE' fflC«Nl A NOrARY PU8UC OR OmF:R OFflC01 COIJPLOWC rHIS CER11f1C<il: ~ ON1. Y rHt: IOCNnTY or iH£ INIJMOUloL ..., SIGN£D THE DOCUMENT TO WHICH T111S C(R0FJCA1'£ IS ATTACHED, ANO NOT TH£ TRtfTHFtJtRESS, ACCURACY OR VALJOfTY OF 1™T DOCIJJJ.Dn: STAil: or CAUFORHIA COUNrr or SAN OICCO OH 7/((, 20.Jl ™ ME. Ht< S:N<'-1/ NOrAKr PUBUC, PCRSONALLY APPG>RED, ______ _ B.otocrt tl ::r:\,a..-'l'- "'INESS IIY HAND , dFrtCIAL SGA{. SICNATIJ~ H [( s:,J.,.,~ PWS£ PRllff NAJ,1£ M.I'. s.Tvc.Ku l 1/Y PRINCIPAL PUC£ OF 8USJHE:SS IS IN (A-n J\;c.i.. u AIY COIJMISSJOH D<PIRfS,c.· ->J1'-'''-""'-- .. c COUNTY. CARLSBAD TRACT NO. 15-11 BCINC A SUBOMSION or THE D£SICNATE:O RDIAJNOCR OF PA.Ren UAP NO. 21588, nLCD IN TH£ OFTIC( OF TH£ COUNTY RECORDER OF SAN DIE(:X) COUNrY ON MAY 21, 2018. ALSO 8£tHG A POROON OF LOT JO OF PAmRS()N'S ADDITION ro m£ TOWN OF ~. lN THC CITY OF c.ARLS8AD. COUIITY OF SAN OICGO. STA1£" OF CALJFORNIA, NXOROIHG ro MAP rH~OF' HO. 565, Rt.CO IN THE OFF1C£. OF THE COUNTY RCCORO£R OF SAN OICCO COUNTY ON SEPTDIBfR 22. 1888 AND A PORT10N OF SECT10N JI, TOWNStUP 11 SOUTH, RAHGE • WBT, SAN OCRNAROINO MERIOWJ. CUARANrfE l'fl£1Wl£D 11Y RRSr AJlfJ!ICAN TIii£ C<MP,WY, OROO< HO. OTR-5450174 (06). D<IED M..Y ~ 20111. 12 LOl'S J.50f ACRES" ~lUES OMISSION 11£ SICHATIJR£(S) IT IH£ PART£$ USIED BO.OW. OIIIIER(S) OF £ASEJICNTS P£R OCCUtlEJITS NOTCD BEl.OW HA~ B£DI 0"1r7£D UHO£R 11£ PR0"'5KJNS IT SECIION 664'6 SU8S£CIION (aXJXA)(,) IT me SVBalCS10H 11N' ACT. 1IDI WTER£STS IS SUCH 1HA T IT CAHHOr RIPEN INro A FEE nn.c N«J SM> SICNATUR(S AR£ HOT Rf.OUIRED BY 1H£ COV£RHINC SOOY. I. TRAIIS RIPPf1' N/0 LORRAM L '1Jf'PO/, HaDE11 OF AH CASDICNr FOR WAIUI PIP£lM N/0 wOOCNrAL PURPOSES RC.CORDED ON ..U. Y 1.}. 19$,f tN 800K 5291 ON PAC£ 4-49 OF OF'F10AL Rf"CMOS. A NOTARY PV8UC OR OTHER OFflC01 COIJPIErWC 1'HfS CERT1F1CAIE: ,£/!1FU OM. y THC /OCNnTY or THC INDMDUAL ..., SIGNED rH£ CXJOJl,,l£Nr TO WHICH THIS C£RTIF1CATE: IS ATTACHED, AHO NOT T1IE: TRUTHF1.Jl.N€SS, ACCURX:Y OR VN.JDITY OF 1™T OOCUUENT. STATE OF CAUFORNIA COUHl'Y or SAN OIEGO ON 1 !IL 20.!1. 8UORE: ME. % j $L h'JC,i Ce,a...,{/., A NOrARY PUBUC, PCRStJNALJ.Y ,ppw,u, l«i C. Cu,t/4}µ .,., fflOV£D ro uc OH THC BASIS or s,rrsr,cTORY £VtOCNC£ TO 8£ IH£ P£RSON(S) ~ NAIICS(S) IS/Al/£ St/8SCll18ED TO IHC WITHIN WSTRIJll£NT AHO ,cl(NOWI.EDClIJ TO 11£ TH<T l£,ISHC/rr£r DIE'CUIED rr£ SAIJ£ IN HlS/Hfll/r>IOR AlflHORJZCD CAP~). NK) TH<T 11Y HIS/IICR,IIHOR SIC""1Ml£(S) OIi n£ INSTRUIIENr n£ PERSON(S), OR THC CNnrr UPON 80/AU' or WHICH THC P£RSON(S) ACTED, EXCCUIED 111£ IIISTRUIIDff. I CERTIFY VNOCR POW.TY or P£RJUR'Y UNOCR THC 1.AWS or n£ STAre or C<UrollNM n..r 111£ roRCGOINC PAJW;/W'H IS TRUC AHO CORRECT. Mf1M:S5 ltl'f lw«Ji 01il'P'l(.l"'l..6~ SIGNATURE: tk,-.-..._ tq ______,-- PWSC PRIM' IIAMF /J-?y,;SL h1oa«<a,,L AIY PRIHCIPAL PlAC£ or 8US/NCSS IS JN $,.,, a~;, COUHl'Y. IIY COIJMISSIOH D<PIRES· j-z_j 20_[}. COlMX TR:ASlfflt TAX COLL.ECTOR cam=lCAlE MC COIINrr lll£ASUllER-TAX CDUECroR Of' IH£ COIINrr IT SAN o,r~ SrA re Of' CAI.JFORNIA, N/0 OflCCroR Of' PUBUC II01!CS IT SM) CCIJNrY, /£11£BY CCRrrY IHAT IH£R£ AR£ NO UNPAJD S1'COAL ASS£SS>IO/r5 <NI BONDS IWICH MAY 8£ PAI) IN FtA.L. SHOtllH BY r,£ BOOKS <Y' QM CfTICES. ACAINST TH£ TRACT OR SUBOMSIOH CR AHY PART 11£RltF SHOMH ON n£ ANN£X£D liAP AIEJ D£SCRl8ED 14 Tl£ CAPT'ION THCRECI'. OAH /kALLJSl£P. COIINTY 1RCAS!.f1ER-TAX CCUECroR 8,, rt..U OCPVrr CrTY TlEASUEffS carrt=jCAJE ' awe IJNOHW( arr TR£ASIJR£1I OF IH£ arr IT CARI.SBAO, STAre IT c,,Jl'ORHIA, /£REBY CCRrrY IHAr IHCIIC AR£ NO LCNS FOR UNPAJD arr rA.>XS <NI IH'AJD BOHOS 1SSJJCD UHO£R ANY llll'fl0181D/rs ,er (NI IIIPflO>OK>/T 8/N) ,er IT IH£ STA re IT CAUftflMA SHO...: ON Tl-£ 800fCS OF 1HS amc(. CXCEPT T,U£5' NOT l"£T PA. YAE:1£ AGAINST TH£ TRACT M SU8Dl'>1SION OR A.NY PART THCRfOF. SHOtfH ON 11-1£ ANN£X£D iJAP AND D£SOla8ED IN THC CAPOON Tf£R£0F. 1,1, ~ DAY IT ~Ln-f: , 201! Br.~~ awe ~ a rrTRCASUl£R CID Pl.AtffR 00 CID ATTOFN:Y'S CSJTECAJE ' OOIIAll) H£lJ, SE01UAIIY TO IH£ PWIHIHC C/Jl,IJ,/JSS/(} IT IH£ arr IT CARI.S8AO /£11£BY CERrrY IHA r 11£ IDlrA DI£ .,,.,, Of' CARf.S8AD TRACr NO. 15-11, HAS 8££N Sl.,ISYnEO TO n£ PUNNING C04l1SSKJH FOR R£PORr AHO REOOlll/£1IOAII()< Br.Cl-LL ~l? OONIICIJ o re SE01UARY TO 11£ PWINIIIC OOIN/SSIOII ~-- MAP NO. \ G,30 I _________ ...:_ __ _ SHEET 1 OF 5 SHEETS SUM;YOR'S STATBENT ' -A. -A RCasrcRED PROffSSIOHAL UJllJ SUOIO'tVI IT me STA re IT CAUl'OIINIA. /£ll£BY STA re THAr me SUOl£Y IT IIIS SVBallSION WAS "-'DC BY IIC <NI /JNOCR IIY OflCCIION IN AjJQ}Sr 2017 NI) SM) SUO\£Y IS 11IL£ AHO COIIPU1f AS SHOWN; 1HA T IHC l/CNNDITS OF 11£ OIARACIUI flDICA IED HA 1£ sm, scr <NI FWND AT 11£ SVBa"510H 8DIJNOARY CORNEJIS. N/0 I MIU SET AU. OIHCR IIOl/fJIICNrs IT 11£ OIARAC1£11 Ar 111£ P<ISlrlONS flDICA IED BY IH£ IICD/0 IN n,s IIN' 'M IHIN JO DA>S ;.F1fJI 11£ aMP/..CnDN IT 11£ RC<Ml/£0 "'1'ROl£JICNTS N/0 IHCJII ACaPrAHCC BY 11£ arr OF CAl1LSIJAO NID AU. SUCH IIOHUIID/rs AR£ M MIU 8£ svmao,r TO DIABI.£ 11£ SU01£Y TO 8£ RC111ACED (SE£ IICD/0 OH 9<EU NO. 2) ~~1,~1~Jlm CALRlRNJ,I Pl10fESSIOIIAI. w,o SIAM)llR CID ENGtEEH'S STATEMENT , JASON s. CEUJERr. arr £JICJHEDI IT 11£ arr OF CARI.S8AD. CAUl'OIINIA. 1£REBY aRWY lHAT I HA\£ £XAJIINCD TH£ MAP (Y THIS <Y 1HS SVBOIMS10H 1D 8£ KNOWN AS arr IT CARI.SBAO TRACr er 15-11 COIISISTIHC IT $ SH£Crs AHO ocsc:ffiED W TH£ CAPTKJH 11£RCOF, AND HA\£ F(»,6) THAT TH£ DCSICII IS Sl.JBSTAN11N.J.Y n£ SAIi£ AS IT N'P£<ll£D OI 11£ ,U,Wl\f' 11N' N/0 ANY N'PRO\£D AL IUIA D01S IH£REIT; 1HA T AU. TH£ PROlfSIONS IT IHC SVBalfSION IIN' ACT IT me STA re' C£ CALRRNIA.. AND ANY LOCAL ORDINANC£ OF SU> OrY APPUCABl.£ AT TNf T1i,I£ CF n£ N'PROVN. OF n-£ 1£NTA 11\£ lll,,P HA\£ SUN C0WPU£D M1H. I HERDJY N'PRO\£ AJ/0 RCOOIIJIOD S<D IIN'. I ACaPT AU. IHOSC PUBUC O!lllCA 1lOIIS US1£D Iii THE STA TDICNT SIGHOJ BY 11£ 0~ UNDER nE OOHOITIONS OPRCSSCD IHlJ/£JH. PURSUAHr TO SECIION 664J,1{9) IT IH£ SVBalfSION .,,.,, ACr. 111£ FUIC IT n,s WP iWTHOUT SHOIIWC THC FtUOIMHG CON$11,V1£S A8AH{)()HM£NT: PU8UC ROADWAY £ASOIENT RE.CCROEIJ OH UI£ .. 1990 AS DOCIJIIOIT NO. 90-J01.UO. anaAL RCCORIJS. Br.~ 12JJMd-$eA;,.,tx!r K) ZVJ(J S. CEUJERr. R.c.£. 6.1912 OAre I arr DICINCE1I CID e«:lN333:S JECtNCAL STATBENT , KElfll o. lkHUQ/ .fl. sr.re 111,r, HA>f' aua,m n,s .,,.,, FOR 11£ arr OIQH£IR AND f'OUHO THAT IT IS TCOHCALLY CORR£Cr. cg.MY fJ;OC)fJ)B'J'S cemFJCAJE FIEHO. °20\j!.•7O00~53 ' £RH£ST J -.II... COVNrr R£tx)Rf)£1I IT 111£ COVNrr IT SAN D£GO, sr.re IT CALJF'OI/MA, I/ER£8Y CCRrrY I HA\£ ACaPIED F<NI R£aJIIOAIION Tl/IS 11N' FU1J AT IH£ RCOIJCSr Of' ARIIAHO A. OlARIOS, -~""Y <F str:ru•,ei,;.., . 201a .. ~· a.OQ(A,11. PAo~E,,8U~#Tr• /./ ./ /~ £RH£Sr J -e,BERe .11. B1' ~J"'i COIINTY RfCOROC/1 OCPVTY COIINTY ra: 1..J:LQQ.. CAI.FORNIA COOROCNA T£ INO£X .166 f§§S{NAQ 83) 0TY Of CAALSBAD CT 15-11 Pl ID: 1J9 Oesc: ROS 17271 PT/IJ9 N: 2007465.166 E:: 6226282.27. EPOCH 1991.35 / D: 82.22 NGVD 29 ~ __ ~ID TIE: ONLY) ' N76'1<"•9'iru6T,1~~ +;;-_~ .... "'· ~~ NB8'28 2• w -'~:--v· 4-6.65' ..,.,.:_,~,,. NJ4'00'09'W "'~f'"'~~ •Js.02· .,~t .,._, ~ ,t), .. \,~) ,,..,~,,._ 'ft,.!' .,·~~ 0 Pl 1D, 122 '1e>"'%' ~l},-;G~,o Desc: ROS 17271 _7 ' PT/122 N: 2005•50.968 E:: 6228Jl6.9J7 EPOCH 1991 .35 £1: 127.19 NI/CD 29 NO SCALE bi.A, Inc .,,, ·--=' H . QW.SlMA CA. ffl)()IJ (760J "1-1,-100 CARLSBAD TRACT NO. 15-11 PROCEDURE OF SURVEY COIMRG£NC£ ANGLE AT STAT10N CLSB-122, -(.)(jJ5'5.f.98S. MAP NO. \ l.o30 \ SHEET 2 OF 5 SHEETS BASIS OF 8EAAINQS THE 8'SIS OF 8£N1fNCS FOR THIS SURl£Y IS THE: CAUFORN/A COORD/HIITE: SYSTEM, I/AD BJ (CCS8J) {EPOCH 1991 . .JSJ ZON£ 6, AS OUERIIINfD LDCAI..LY BY A UN£ Bf:rWC£N FIRST OROCR CONTROi. STATIONS ClS8 1.22 ANO ClS8 .1Ja BE1NC A GRID 8£AR1NG Of t/...£i.l.rJ.J: AS OfRMD FROII croornc VALUES SHOWN ON RE:CORO Of SUR\IEY I 7271 {WY Of CARLSlW) SlJfM:'f CONTROL), Fil.ED ON FfBRUARY OB, 2002 AS Fil£ NUIIB£R 2002--()112862 IN THE: OFF1C£ OF 1>£ COUNTY RE:COROE:R OF SAN DIE:GO COUNTY. THE C(Jj/fJ1NfCJ SCALE FICTOR AT SfAOON "Cl.ss-122" IS 0.999957690 GRID DISTANCE: • GROUND DISTANCE: X COIIBINED SCALE: FICTOR QUOTED 8E:ARINGS Fl/OIi SW RUUIE:NC£ IIJPS ,,.r OR MAY NOT BE: IN 1DNS Of SAID S>SIDI. 0 () (R) • FOUND IIONUIJ£NT AS NOTED HEREON. • INDICATES 111U. SIT srRffT S<AMY IIONUIIENT IIARICED 1..5. 5941" PE:11 SAN DIE:GO NO. RE:GKJNAL SToWIMRD DRAWING 11-10 ANO 11-IJ. • INDICA.TES WU SET A LEAD PLUG AND BRASS DISC STAMPW 1.5 59•1 ~ IN THE: TOP Of CURB = INDICAT£S RECORD D4TA AS' NOTED P£R PII 21588. • INDICATES RADIAL 8E:Nl1NG INDICATES SU80MSKJH BOUNDAJ?Y INDICATES LOT LINE: INDICATES ABflTTER'S R/GHrS OF ACaSS R£1.JNOUISHE:D, WAIVED NIVNXB'TfDHDIE:ON. EASEMENT DESCRPT10NS (j) -~8~0~~~ PUBUC UTIUTY E:ASEI.IE:NT (j) -f-g:•::_r f:o Pft1~ ~~iZi,,~~ '::t',.TI~ ir: LOTS l. B. UAJNTENANCE OF SLOP£S. BIO-BASINS. STORM DRAIN FACIUnES, LANDSCAPING AND WALLS AS SHOWN HERE:ON. (SEE: 5HITT •J @ -COVE:NANT OF PRIVATE: E:ASEI.IE:NT O>El? PORTIONS OF LOTS 1, THRU 4 FOR THE BENEF1T OF HOA FOR THE UAINTcNANCE OF SLOPES, LANDSCAPING AND WALLS AS SHOWN HERE:ON. (SEE: 5HITT •J @ -PRNATE: PIPD.JNE EASEI.IE:NT IN FAVOR OF IRAVIS FUPPE:11 AND LORRAJNE: L FUPPEN PER BOOK 5297, PACE .. 9 OF OFFICIAL RECORDS. @= FD GIN SPIKE: Wj'WASHER STAIIPE:D 'l.S 59•1• PfR PII 21588. ~-FD J/•" LP. WfT/1 DISC 5T,WPE:JJ 'l.S 5941" PER PM 21588. @= FD 2" I.P. WfT/1 DISC SfAIJPED 1.5 59•1" PE:11 MAP l/0. 16215. 100· .,,, \ \ SCALE: 1~ ~ 50' 150' I CALIFORNIA COORDINATE INDEX 366 ]§§S(NAO 83) OTY OF CARLSBAD CT 15-11 WILSON STREEI' I I Qii 10 I:., I~ I 1'£ -I I I I lJ ~: PARCEL 1 PM 21588 (MS 17-0002) NJS19'04-"w fJ6.79' -----,26.79·----- WT12 9,561 SF NET/GROSS ~-___ ,,vr-__ 1<2•~·2,...,, .... ~ ~·:g LOT5 15,72QSF NET/GROSS 7 I :~~~~---!!_N:;35c,_'!_:19!.c'Q'!C<':,"'W:::-,cc1fJ6"'-.3,c7c_' ____ --:;~ 126.Jl' WT6 9,619SF NET/GROSS I 20.00· 30.00' I l 10.00· ,-- LOTJl 9,552SF NET/GROSS NJS19'04"W 135.95' 12S.95' LOT JO 9,5.USF NET/GROSS NJ5'19'04-W 1J5.52' 725.52' N52"59'J6"w (R) 2.18' N.J4'00'09"W 94.21' WT7 9,566SF NET/GROSS LOTB ll,995SF NET/GROSS WT4 15,634SF NET/GROSS WT2 9,605SF NET/GROSS MAP NO. \ lo '3 0 \ SHEET 3 OF 5 SHEETS CARLSBAD TRACT NO. CT15-11 NO. C1 C2 CJ c• cs (Sf£ SHEU 2 QF S roR LffiENO} (Sf£ SHID 2 QF S roR ALL EAS£JIENTS DESCRJF'OONS} (Sf£ SHEET 2 QF S roR ALL FOOND IIONUJIV(T D£SCRfPOONS} 30• 15• o· ,...,__ -30' SCAL.£: 1" = 30' so· CURVE DATA TABLE LENGTH DELTA R,4,0IUS NO. LENGTH 31.00' 88"47'52" 20.00· C6 '43.85' 31.42' 90'00'00" 20.00" C7 55.90' 29.83' 1a-s9•2r 90.00' C8 29.83' 53.95' 59"26'58w 52.00" C9 .J1.42' 4-4.13' 48"37'1r 52.00' C10 31.«' MONUMENT DATA TABLE NO. LENGTH BEARING NO. LENGTH Ml 15.75' NJs,9•04•w MS 9.75' M2 10.06' N3512°17"W M9 9.75' M3 9.75' N55'59'51"E M10 9.75' ... 9.75' N55'08'26"E "" 9.75' MS 9.75' N34 oo·os·w M12 9.75' MS 9.75' N52"S9'36'"W M13 13.23' M7 10.31' N34 '00'09"W 90' I DELTA 4818'48" 51·35•52• 18°59'27" 901)0'00" 90°03'40" BEARING RADIUS 52.0()' 52.00' 90.00' 20.00· 20.00· N6'27'22"E N55'04 39"E N7S'36'34"W N15-00'41"W N34"0l'49"W N76.J6'34'"W CAUfORNIA COORDINATE INDEX .}66 ]665lNA.P 83) aTY OF CARLSBAD CT 15-11 +:+ ++ I ;.., ~ ~I LOTJ ~ ::1 ,-.. ~~ ~I~ 11,951 SF ~12 0, 0 NET/GROSS !> -g, ~ ,., ~, .... "' 16.08' 71.46' J bliA, Inc.~'=' ~ ,._,,...,,,., CARLSBAD TRACT NO. 15-11 LOT2 9,605SF NET/GROSS LOT3 9,582SF NET/GROSS MAP NO. \lo30\ LOT4 15,634SF NET/GROSS _L}I _____ _ 54.18' SHEET 4 OF 5 SHEETS 2.50' lg --------N55"56'11~ J78.97' ______________________ :_iv MCCAULEY LANE EASEt.4ENT DATA TABLE NO. LENGTH BEARING L1 14.77' N62'00 37"E l2 15.43' N62'53'54"E L3 26.28' N6417'20"E L4 8.46' N5411'21"E L5 10.75" N6"36'27"E L6 40.48' N67i4°4TE L7 37.69" N55"56'11•E LS 14.31' N40"41'59'"E L9 21.31" N66'05'54•E L10 122.77' N55"56"11"E L11 56.44' N55-S6'11"E L12 6.26' N341)()'09"W L13 3.40" N76"36"34"W 20· 10· o· 20· 40' 60' P""-1 -SCALE: 1· • 20· CALIFORNIA COORDINATE INDEX 366-J665lNA0 83) CITY OF CARLSBAD CT 15-11 CARLSBAD TRACT NO. 15-11 NON-MAPPING DATA THfR£ ARE. NO PUBUC PMK OR RECREAT10NAL FACllfllES TO SE LOCATED IN MffOl£ OR fN PART 'Wt1HIN 1HJS SUBDMSION. THE: SUBDMDCR IS 1HERfFOR£ OBUGATED TO PAY PARK-IN-LJ[IJ FEES IN NXORDANCE WITH SECTICN 20.44.050 OF THE CARI.S8AD MUNICIPAL CODE ANO HAS EITHER PAID Al..1. OF SNO PARK IN-UEU FUS OR AGREED 10 PAY All. OF SAID PARK-IN-l.£V FEES IN ACCORDANCE wtm SECTION 20.16.070 OF TH£ CARI.SBAD MIJNICIPAJ... CODE. CONDlnON #45 A OEVEl..OPfR HAS EXECUTED A CITY STNID,t4,RD SU8D/VISKJN n.tPR0VEM£NT ACIIEDIENT AND HAS POSTED SECURITY IN ICCORDANCE WITH C.AI.C. SECTION 20.16.070 ro INSTALL PfJ8UC ll/PRflVOIENIS SHOWN ON THE TENrATIVE IIAP. THESE IIIPROV6IEN1S /NCI..IJN. 8IJr -NOT I..Mllm) TO: t. CURB, GUTTU?, SIOCWALK ANO PAVOICNFJ STREET IIIPRCM:MENTS. 2. RELOCATION OF £XJSTINC OVERH£AD IJT1lJ1Y FN:JUT/£S. J. EXTENSJON OF ll'Allli' A/AIN, INSTALLATION OF FIR£ HYDRANTS AND APPUHTENANCF:S. 4. EXTENSJ0N OF SEWER LINE. INSTALLATION OF AIAIIHOIES. 8. 8UIWING PCRJIITS WU NOT BE /SSU£D FDR DEVELOPIIENT OF THE SUBJECT PROPCRTY UNl£SS THE N'PROPR/ATE: AGENCY OCmN1NES THAT SEWER AND WATEN FJCIL/11£S AR£ AVAfLABt.£ C. NO ST11UCTUR£. FENCE. WAU. TREE. SHRUB. S/CN, OR OT/fER OBJECT A/AY BE PtACED OR PERIIITTfD ro ENCRON:H WITHIN THE ARfjl ID£NTIFIED AS A SIGHT DISTANCE CDRflJDOR AS DEFINED BY CfTY OF CARLS/WJ ENC/NEERING STAI/OAIIDS OR 1./NE--OF-SIGHT PfR CAI.TT/ANS STANCW?DS. D. THE OWi/Eli OF THE PROP£RTY ON BEHALF OF fTSE1I ""'1J ALL OF ns SUCCESSORS IN INTE:R£ST HAS AGREED Ill HOU} IWllll£5S ANO INNAINIFY THE CITY OF CARLSBAD FROIJ ANY ACTION THAT .w4Y ARISE THROUCH ANY GEOI.OCIC4/. FAJWRE. GROUND ll'Allli' SEEPAGE OR UNO SU9S/DENCE ANO SUBSEOUENT ll<"4GE THAT A/AY OCCUR ON. OR ADJN:£NT ro, 11/iS SUBOMS10N OUE ro ns CONSTRUCTION. OPERATION OR IIA/NTE:NINCE. D. THE OWNER OF THIS PIIOPERTY ON BEHALF OF fTSE1I AND ALL OF ns SUCCESSORS IN IN1FREST HAS AGREED TO HOLD HARUL£SS AND INDDINIFY THE CfTY OF CARI.SBNJ FI/OI,/ ANY N::TION THAT AIAY ARISE THROUGH ANY DIVU/SION OF WATrns; THE ALTERATION OF THE NORU41. FLOW OF SJ.MN:£ WAIUIS OR DRAINAGE, OR THE CONC£NT11ATION OF SJ.MN:£ WAIUIS OR DIWNAGE FI/OI,/ THE ORNNAGE SYSTDI OR OTlfER /JIPROVDJEN1S ID£NTIRaJ IN THE CfTY Af'PRO'lfI) DEVELOPIIENT PW/S; OR BY THE 0£SJGN, CONSTRUCTION, OR UAINTENANCE OF THE DRAINAGE SYSTD,/ OR OTHER /l,IPRm£MENTS JDEJmf1ED fN THE CITY APPROVED OE.Vfl.OPMENT Pl.ANS. CONDfTION /60 A. CIV,PTE:R 21.90 OF THE CARI.S8AD MUNICIPAL COO£ ESTABUSHED A CROWIH MANAGO/ENT CONT1IOI. POINT FDR EACH GENERAL PIAN WW USE OESICN',T/ON. DEVELOPMENT CN/NOT EXCEFD THE GROWTH CONTROi. POINT EXCEPT AS PROVID£J) BY CIV,Pllli' 21.90. TIE WID US£ OfSJCNATION FDR THIS DEVELOPMENT IS R-4 RCSIOENTIAL, 0-4 Dwru.wG IJNtTS PER NON-CONSTRAJNED ACRE. LOTS 1-12 AND THE /IEIIAJNDER LOT WCRE USED ro CAI.CUI.ATE: THE INIDISITY OF DEVELOPIIENT UNDER THE G£N£RAI. PIAN AND CHAPTER 21.90. SUBSEOUENT REDfVEI.OPIENT OR RESUBOM/SON OF ANY ON£ OF THESE LOTS A/LIST ALSO INCUJOC LOT t-12 UNDER THE GENERAL PIAN ANO CHAPTER 21.90 OF THE CARI.S8AD IIIJNICIPAL CODE. SOLS NOTE: A SOLS REPORT AND RECOIJMOIDATIOHS BY G£0Scyt.S. INC "9-6927-A-SC DA1ED AVWST S 2015 PHASE I fNVIRONIJENTAL SIT£ ASSCSMENT/fJWTfD PHASER SOIL EVAL.UA110N BY Cl"OSlVlf.S INC WO £6927-SC DATmALJGUST 19 2015 I.ND PRCPERTY "l11GA110N PLAN BY GE'OSgl,S, INC !O. mn-sc DAmJ JANUARY .5 2018. IS ON Al£ PfR OIC 20.20.160. MAP NO. \ <o 30 I SHEET 5 OF 5 SHEETS CALIFORNIA COOROINA TE INDEX 366 1665{NAD B3) ClTY or CARLSBAD CT 15-11 IO 10117\2059295.1 EXHIBIT B DRAWING DEPICTING PRIMARY UNIT AND SECOND OR ACCESSORY DWELLING UNIT ON PROPERTY [To be Inserted] B-1 !l ; ~ ~ = = ; . 19'-0 1/2" OPT. AFFO"°A6LE D~LLIN<S UNIT IN LIBJ Of' Off'IGE • ,,. ... ~ 1 I __________________ I ·-+--- I[~~ 1' I ~-' -Ll:...:-.: il~0 :~('~ 111 I : J'-=J ~r-~ ' □ l';::::====;;:iu □~ _Ill --~ .. --_-_-_____ _,QI ~ !l !l i 5' . ~ " ! +----rt ~ +->--- ! PLANS Jl ,,. ... 99'-0" ,. ... 1/2" I I I I I I ~ ~I __ .n ' I =ell, ~ I I I I I I~ JI~ _f ::: :J□ l l OFFICE I I I ___________________ LJ ... ..,. •'-" 1/2" 1<•-2• □ ; " 16'•2" " EXHIBITC FORM OF OWNER CERTIFICATION To: City of Carlsbad ("City") From: __________ (name ofowner(s)] ("Owner(s)") Address of Property: _________ ("Property") Date: By signature below, I/we _________ [insert name or names of Owner(s)l hereby certify to the City, under penalty of perjury, that the second dwelling unit located on the Property (the "Second Dwelling Unit") is being utilized in accordance with the "Agreement Containing Covenants and Restrictions Governing Rental of Affordable Second Dwelling Unit" (the "Agreement") recorded against the Property. In accordance with Section 2.2 of the Agreement, I/we provide the following information regarding the Second Dwelling Unit: I. Tenant name: 2. Size of Tenant's household: 3. Second Dwelling Unit size (number of bedrooms): 4. Date Second Dwelling Unit first occupied by Tenant: ________ _ 5. A copy of the Tenant's annual income certification is attached. This Owner Certification is signed on _______ , 20_, under penalty of perjury. By: Owner signature Date: Due Date: June 30 of each calendar year. 2 CA 05/27/2016