HomeMy WebLinkAboutCT 16-09; 82 GRDAVE Owner LLC; 2018-0321505; Affordable Housing Agreement/ReleaseRECORDING REQUESTED BY:
City of Carlsbad
AND WHEN RECORDED
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr
Carlsbad, Ca. 92008
DOC# 2018-0321505
1111111111111111111111111111111111111111111111111111111111111111111111
Aug 06, 2018 04:27 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $35.00 (SB2 Atkins $0 00)
PAGES 8
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i ·vurch:1oLof-CrJCJ115
1 0 Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is subject to the imposition of documentary transfer tax, or,
2 0 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 0 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 0 Exempt from fee per GC27388.1; 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 0 Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or,
9 [l] 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 SENATEBlll2EXEMPTIONINFORMATION
(Additional recordingfeeapplies)
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
(Purchase of Credits)
/l I THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into_ t_his
~day of s~~f, 20/& by and between the CITY OF CARLSBAD, a municipal
corporation ("Citi')nd 82 GRDA VE OWNER, LLC, a Delaware limited liability company
("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 16-09/RP 16-16 -800
Grand Avenue), which provides conditional approval of the construction of 33 airspace
condominium 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 of the Carlsbad Municipal
Code. Planning Commission Resolution No. 7232 provides that the Affordable Housing
Obligation of six (6) 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 of the Carlsbad
Municipal Code.
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the
mutual covenants contained herein, the parties agree as follows:
I. The Recitals are true and correct.
2. THAT SATISFACTION OF DEVELOPER'S AFFORDABLE HOUSING
REQUIREMENT WILL BE BY THE PURCHASE QF 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
CA 2/5/2013
Carlsbad Tract No. CT 16-09/RP 16-16 -800 Grand Avenue by reason of the approvals of the
Tentative Map of CT 16-09/RP 16-16-800 Grand Avenue, including Condition No. 7 of Planning
Commission Resolution No. 7232, and any other applicable approval.
(b) The Developer shall purchase six (6) affordable housing credits in the Tavarua
Affordable Housing development, based on availability, for an amount established by resolution
of the City Council and as required by Condition No. 7 of Planning Commission Resolution No.
7232 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 (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 Developer for this Agreement shall then be required to satisfy
its inclusionary 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. 7 of Planning Commission Resolution No. 7232. 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 16-09/RP 16-16 -800 Grand Avenue.
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 "lndemnitees"), and any of them, from and against all loss, all risk of loss and all
damage (including reasonable 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 default 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.
s. 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:
TO THE DEVELOPER:
City of Carlsbad
Housing & Neighborhood Services Department
Attn: Housing & Neighborhood Services Director
1200 Carlsbad Village Drive
Carlsbad, California 92008
82 GRDA VE OWNER, LLC
7121 Fairway Drive, Suite 410
Palm Beach Gardens, Florida 33418
Attn: General Counsel
Facsimile No.: (561) 422-4672
2 CA 2/5/2013
WITH A COPY TO: McKellar McGowan
Attn: Chris S. McKellar
888 Prospect St. #330
La Jolla, CA 92037
82 GRDA VE Holdings, LLC
Attn: General Counsel
7121 Fairway Drive, Suite 410
Palm Beach Gardens, Florida 3 3418
Westbrook Properties
Attn: Austin Richter
12424 Wilshire Blvd, Suite 840
Los Angeles, CA 90025
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 for 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, and in
connection any such termination, Developer's obligations under this Agreement shall be deemed
fully satisfied immediately upon such termination.
s. SUCCESSORS
This Agreement shall benefit and bind the Developer and any successive owners of the
Project.
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.
to. THIRD PARTY BENEFICIARIES
The performance of City's and Developer's respective obligations under this Agreement is
not intended to benefit any party other than City or Developer. To the extent legally permissible,
no person or entity not a signatory to this Agreement shall have any rights or causes of action
against any party to this Agreement as a result of that party's performance or nonperformance
under this Agreement, or for the enforcement of any provisions of this Agreement.
3 CA 2/5/2013
11. TRANSFERS SUCCESSORS & ASSIGNS
Developer shall have the right to sell, transfer or assign ( collectively, "Transfers") all or any
portion of the Project or one or more Transfers of direct or indirect interests in Developer
without prior notice to or consent of the City; provided that, upon any such Transfer this
Agreement shall be binding upon the transferee, successor and/or assignee of the Project
immediately following such Transfer and such transferee, successor and/or assignee shall be
responsible for the obligations of Developer hereunder. Upon Developer's transfer, assignment or
sale of the Project, the new owner of the project must enter into a novation agreement with the
City. Developer shall be fully released, acquitted and discharged from any and all obligations,
claims causes of action, damages, liabilities and costs and expenses arising from acts occurring
after the Project has been sold and the novation agreement has been executed.
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4 CA 2/5/2013
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as
of the day and year first above written.
Dated ~Lg /
LC "
CITY OF CARLSBAD
By liJL ~ -f o-,J
Debbie Fountain,
Community & Economic
Development Director
Dated: ]/I ] It E2
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the office(,1,) 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:
Celia
/\ nutar: puhlic or other orliccr completing Lhis
ccrtiticak \ critics onl: the idcntil) of the
indi\idual 11ho signed the documcnl lo 11hich this
ccrtilicall' is attached. and not Lhc truthfulness.
accuracy. or I alidit> of that document.
Dated: -1'~~-+-'--/2d. __
5 CA 2/5/2013
~1:__.~ c,-\ 1 Ct lt l(_ d 0\_'CLll\ \..U'0{-
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
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 ;)'.:t n 1):)::£ J 0
On JI J \,\~ l O 1 2)D I k befor~ me, __._,___,,,.-"--'-'-...,____._____,-"'-+-----+-'~..LJL.-'..~--'----f-N......,'~o~tr~c_,~,v---,J,,---+--"-~~l l ___
personally appeared Ch vi Sh, p}'.\.vl[ j
who proved to me on the basis of satisfactory evidence to be the person(,1' whose name(Jf is/q/e subscribed to
the within instrument_ and acknowledged to me that he/s~/t!iey executed the same in his/l}e'r/t~ir
authorized capacity(i~, and that _by his/h¢r/tl)eir signature(% on the instrument the persoy.s1, 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 that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
· lndividual(s)
] Attorney-in-Fact
· Corporate Officer(s)
J Guardian/Conservator
; Partner -Limited/General
] Trustee(s)
Other:
representing:
1 ,tle(s)
Name{s) of Per)on(s) or Ent1ty{1es) S1qner 1s Representing
tft iheti • ffii 4 id U. i, I
I Method of Signer ldentificatiOll__
Proved to me on the basis of satisfactory evidence:
C.' form(s) of identification credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry#
Notary contact:
Other
] I Additional S,gner(s)
r~
] S1gner(s) Thumbprint(s)
t) Copyright 200/-2016 Not<1ry Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507 All Rights Reserved. Item Numbc>r 101772 f)lcase contact your Authorized Re<,eller to purchase copies of this forrn
' 'i
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel 1, in the City of Carlsbad, County of San Diego, State of California, as shown on
Page 3260 of Parcel Maps to Maps, filed in the Office of the County Records of San
Diego County, November 27, 1974.