HomeMy WebLinkAboutCT 93-01; Continental Ranch Inc; 2000-0030108; Affordable Housing Agreement/Release2819 JAN 209 2000 10-43 AMi
RECORDING REQUESTED BY
City of Carlsbad
WHEN RECORDED MAIL TO:
OFFICIAL RECORDS SEIN DIEGO %JNTY KCORDER’S OFFICE
FEES: 70.00 GRujoRY J. SMITH, CWNTY RECOKDER
City of Carlsbad
City Clerk’s Office
Am: City Clerk
1200 Carlsbad Village Drive Carlsbad. California- 92008
(ABOVE SPACE FOR RECORDER’S USE)
SECOND AMENDED AND RESTATED
AFFORDABLE HOUSING AGREEMENT
IMPOSING RESTRICTIONS ON REAL PROPERTY
This SECOND AMENDED AND RESTATED AFFORDABLE HOUSING AGREEM NT
IMPOSING RESTRICTIONS ON REAL PROPERTY (“Agreement”), entered into this 9 tf day of To\./ , 1999, by and between the CITY OF CARLSBAD, a municipal corporation (“City”),
and CONTINENTAL RANCH INC., a Delaware corporation (“Developer”), is made with reference to
the following:
A. Developer is the owner of certain real property in the City of Carlsbad, in the County of
San Diego, California (“Subject Property”) described in “Attachment A“, which is attached hereto and
incorporated herein by this reference.
B. City and Developer have previously entered into that certain Affordable Housing
Agreement Imposing Restrictions on Real Property dated March 23, 1998 (“Original Agreement”), which
was recorded on March 25, 1998, in the Official Records of San Diego County as Document No. 1998-
0162920. City and Developer have previously entered into that certain First Amended an Restated
eement Imposing Restrictions on Real Property dated b2~rnh I, Ip 1993, which
was recorded on e4 2 I
endment ”). City and Developer want to amend and restate the Original
, 1992, in the Official Records of San Diego County as Document No.
ent by this Agreement to provide for the orderly and efficient development
of the Subject Property in compliance with the City’s Inclusionary Housing Ordinance.
C. Developer wishes to construct a total of 1,711 residential units on the property which is
the subject of the land use approvals and entitlements described in the following sentence for the “Master
Development” of the Subject Property). The City has approved the Rancho Carrillo Master Plan (“Master
Plan”); Carlsbad Tract Map Numbers CT 93-01, CT 93-04, CT 93-07, CT 93-08 and CT 95-06; Planned
Unit Development Numbers PUD 93-06, PUD 93-07, PUD 95-04 and,PUD 95-05; and, Site
Development Plan Numbers SDP 94-01, SDP 95-12 SDP 95-13, and53 p?g-Qthe “Master
Development” of the Subject Property. The City issued these approvals subject to certain Conditions of
Approval, including a condition requiring fifteen percent (1 5%) of the units in the Master Development
to be affordable housing as required by the City’s Inclusionary Housing Ordinance, Carlsbad Municipal
Code Chapter 21.85 (“CMC Chapter 21.85”). In that regard, this Agreement, as supplemented and
amended from time to time, is intended to implement the requirements imposed by CMC Chapter 21.85
for these approvals and all future City approvals of tentative maps, planned development permits and site
development plans pursuant to the Master Plan.
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D. Developer has indicated that it intends to meet its inclusionary housing requirement (i)
for Phase 1 of the Master Development by constructing, or causing to be constructed, 116 units within a
portion of Village B of the Master Plan and (ii) for Phase 1 of a portion of the balance of the Master
Development by constructing, or causing to be constructed, 50 secondary dwelling units dispersed
throughout the Master Development and (iii) for Phase 2 of the Master Development by constructing, or
causing to be constructed, 90 affordable townhomes within a portion of Village B of the Master Plan,
E. Developer is required by the Conditions of Approval to enter into an Affordable Housing
Agreement as required and with the content specified by CMC Chapter 21.85. This Agreement is an
Affordable Housing Agreement pursuant to CMC Section21.85.020(2), and shall be signed prior to the
approval of additional Final Maps for the Subject Property. The Original Agreement permitted the
approval of Final Maps for 775 dwelling units for the Master Development, which included 116
affordable housing rental units. The First Amendment permitted the approval of Final Maps for up to
1,158 dwelling units for the Master Development, which includes a total of 166 affordable housing rental
units. This Second Amendment shall permit the approval of Final Maps for the Subject Property, for up
to 1,711 total dwelling units in the Master Development, including a total of 166 affordable rental
housing units and 90 affordable for-sale housing units.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Incornoration of Recitals: Amendment and Restatement of Original Ameement and the
First Amendment. The Recitals are hereby incorporated in this Agreement. The Original Agreement and
the First Amendment are hereby superseded and amended and restated in their entirety by this
Agreement.
2. Satisfaction of Affordable Housing Obligation and Conditions of Auuroval. In order to
satisfy the Conditions of Approval of CT 93-01, CT 93-04, CT 93-07, CT 93-08, CT 95-06 and future
tentative maps approved by the City within the Master Plan, and the requirements of CMC Chapter
21.85, Developer shall cause a minimum of one hundred sixteen (1 16) multifamily dwelling units and a
maximum of fifty (50) secondary dwelling units of Phase 1 of the Master Development to be affordable
to lower-income households and shall cause 90 for-sale affordable town home units of Phase 2 of the
Master Development (the "Affordable For-Sale Housing Units") to be affordable to lower-income
households, according to the schedule and terms contained herein.
3. Number and Twe of Affordable Units. Developer shall construct, or cause to be
constructed, one hundred sixteen (1 16) multifamily dwelling units ("Affordable Multifamily Units"), a
maximum of fifty (50) secondary dwelling units ("Affordable Second Dwelling Units"), - and 90
affordable for-sale town home units ("Affordable For-Sale Housing Units").
4. Terms Governing Provision of Affordable Multifamilv Units. Provision of the
Affordable Multifamily Units shall be governed by the following terms:
4.1 Location of Affordable Units. The Phase 1 Affordable Multifamily Units shall
consist of one hundred sixteen (1 16) units to be constructed within Village B of the Master Development.
The Affordable Second Dwelling Units shall be constructed within Villages G, H, J, K, M, Q and R of
the Master Development. The Phase 2 Affordable For-Sale Housing Units shall consist of ninety (90)
town home units to be constructed within Village B of the Master Development.
4.2 Size and Bedroom Count. The Phase 1 Affordable Multifamily Units shall
include one, two and three bedroom units in the numbers and with the square footages indicated in
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"Attachment B" to this Agreement. The Affordable Second Dwelling Units shall include studios and one
bedrooms in the numbers and with the square footages indicated in Attachment "B" to this Agreement.
The Phase 2 Affordable For-Sale Housing Units shall include two and three bedroom units in the
numbers and with the square footages indicated in Attachment "B" to this Agreement.
4.3 Affordabilitv Reauirements. The Phase 1 Affordable Multifamily Units shall be
restricted to occupancy by households with incomes, at the time of initial occupancy, that do not exceed
50%, 60%, or 80% of the median income for San Diego County, adjusted for actual household size.
Twenty percent (20%) of the Phase 1 Affordable Multifamily Units shall be affordable to households
with incomes, at the time of initial occupancy, that do not exceed 50% of the median income for San
Diego County, adjusted for actual household size; forty percent (40%) of the Phase 1 Affordable
Multifamily Units shall be affordable to households with incomes not exceeding 60% of the median
income; and forty percent (40%) of the Phase 1 Affordable Multifamily Units shall be affordable to
households with incomes not exceeding 80% of the median income. Monthly rents (including utility
Affordable Multifamily Units shall not exceed 1/12th of 30% of the designated percentage of median allowance as published by the United States Department of Housing and Urban Development) of the
income for San Diego County, adjusted for assumed household size appropriate for the unit. Second
Dwelling Units are not required to be rented. However, if rented, the monthly rents (including utility
allowance as published by the United States Department of Housing and Urban Development) for the
Affordable Second Dwelling Units shall not exceed 1/12* of 30% of 80% of the median income for San
Diego County, adjusted for assumed household size appropriate for the unit. Median income figures
shall be those published annually by the United States Department of Housing and Urban Development.
Assumed household size figures shall be provided to Developer by the City of Carlsbad Housing and
Redevelopment Department. With respect to each Affordable Multifamily Unit and Affordable Second
Dwelling Unit, the affordability requirements of this Section 4.3 shall continue for fifty-five (55) years
from the date of issuance of a Certificate of Occupancy by the City for such unit. The affordability
requirements of this Section 4.3 shall be set forth in the Regulatory Agreement between the Developer or
its successor and the City, provided for in Section 4.8.4 below, which shall supersede this Agreement
with respect to the Phase 1 Affordable Multifamily Units upon recordation of the Regulatory Agreement.
The Phase 2 Affordable For-Sale Housing Units shall be restricted to occupancy by households with
incomes, at the time of purchase, that do not exceed 80% of the median income for San Diego County,
adjusted for actual household size.
4.4 Affordable Housine Develouer. Developer has contracted with an affordable
housing developer to develop and construct the Phase 1 portion of the Affordable Multifamily Units to
be constructed in Village B. Developer has obtained City approval of the developer and development
agreement for the units ("Affordable Housing Development Agreement"). The Affordable Housing
Development Agreement describes with particularity the financial arrangements for the construction of
the Affordable Multifamily Units, the restrictions applicable to the Affordable Multifamily Units and the
record keeping obligations for the management of the units. Developer or guest builders shall construct
the Affordable Second Dwelling Units. Property owner must sign affidavits of compliance prior to the
issuance of the required Second Dwelling Unit Administrative Permits. The affidavits shall be provided
to all perspective home buyers prior to entering into a sales contract for the property. Developer has
indicated that it will construct and sell the Affordable For-Sale Housing Units. Should the Developer
choose to contract with an affordable housing developer to develop and construct the Phase 2 portion of
the Affordable For-Sale Housing Units to be constructed in Village B, Developer shall obtain prior City
approval of the developer and proposed development agreement for the units ("Affordable Housing
Development Agreement").
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4.5 Schedule for Develooing Affordable Multifamily Units. Developer shall provide
the Affordable Second Dwelling Units concurrently with the related single family home construction.
The Affordable Multifamily Units shall be developed pursuant to the following schedule:
4.5.1 Additional Final Maps for the Master Development may be approved
because the following are in place:
4.5.1.1 The Original Agreement was duly signed and recorded against
the Subject Property on March 25, 1998, in the Official Records of San Diego
County as Document No. 1998-0162920.
4.5.1.2 Site Development Plan - ’ ’ approved for the 1
Multifamily Units.
Affordable Second Dwelling Units.
4.5.2 After the First Amendment was duly signed and recorded against the
Subject Property on&, 7 \ 5-t , 1993, in the Official Records of San Diego
County as Document No. 19%- Q02.404 3 , Developer was entitled to obtain up to
400, or 40% of the total market rate units included in Phase 1 of the Subject Property
prior to the Phase 1 Affordable Multifamily Units (1 16 total) in Village B being under
construction. For purposes of the Original Agreement and the First Amendment, under
construction” means approval and issuance of the building permits and completion of
inspection(s) for the foundation(s) for the initial phase of the Phase 1 Affordable
Multifamily Units. The 400, or 40% of the total building permits for market rate units
included in Phase 1 of the Master Development may be allocated among the villages in
Phase 1 of the Master Development in any combination as Developer determines in its
sole discretion. The total number of building permits which may be issued for market
rate units may be increased by seven (7) permits for each additional one (1) Affordable
Second Dwelling Unit Administrative Permit approved and issued by the City of
Carlsbad. The Developer shall at the time a residential structure is constructed on the
Affordable Housing Lot identified for the second dwelling unit, include in such
residential structure the required Affordable Second Dwelling Unit.
4.5.1.3 Site Development Plan 98-12 was approved for the Phase 1
4.5.3 Building permits shall not be issued for more than 754, or 76%, of the
total market rate units included in Phase 1 of the Master Development prior to
completion of the construction of the Phase 1 Affordable Multifamily Units in Village B
(1 16 units total). After final inspection is completed by the Building Department and a
final Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamily Units
Phase 1 of the Master Development, for a total of 1,158 dwelling units in the Master (1 16 total), building permits may be obtained for the remaining 238 market rate units in
Development (992 market rate units +166 Affordable Multifamily Units and Affordable
Second Dwelling Units. The total number of building permits which may be issued for
market rate units may be increased by seven (7) permits for each additional one (1)
Affordable Second Dwelling Unit Administrative Permit approved and issued by the
City of Carlsbad. The Developer shall at the time a residential structure is constructed on
the Affordable Housing Lot identified for the second dwelling unit, included in such
residential structure the required Affordable Second Dwelling Unit.
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4.5.4 The Original Agreement permitted the approval of a final map or maps
for 775 dwelling units. Because Site Development Plan 98-12 was approved for the
Affordable Second Dwelling Units and the First Amendment was duly signed and
recorded against the Subject Property onbce.lber 21 1993, in the Official Records
of San Diego County as Document No. 1991-m! 6y3, final map or maps may he
approved for 1,158 dwelling units (992 market rate units + 166 Affordable Units,
including a maximum of 50 Affordable Second Dwelling Units).
4.6 Schedule for Developing Affordable For-Sale Housing Units. Developer shall
provide the Affordable For-Sale Housing Units concurrently with the related market rate construction.
The Affordable For-Sale Housing Units shall be developed pursuant to the following schedule:
4.6.1 prior to the approval of any additional Final Maps for the Master
Development, beyond those already permitted under Section 4.5 above, the following
shall be in place:
4.6.1.1This Agreement shall be duly signed and recorded against the Subject
Property.
4.6.1.2Site Development Plan 98- a shall be approved for the Phase 2
Affordable For-Sale Housing Units.
4.6.1.3The phasing of construction shall be as shown in Attachment "C" and as
described in Section 4.6.2 below.
4.6.2 After this Agreement is duly signed and recorded against the Subject
Property, building permits may be issued for up to an additional 158, or 34%, of the total
additional 463 market rate units included in Phase 2 of the Master Development prior to
the Phase 2 Affordable For-Sale Housing Units being under construction. For purposes
of this Agreement, "under construction" means approval and issuance of the building
permits and completion of inspection(s) for the foundation(s) for the initial phase of the
Phase 2 Affordable For-Sale Housing Units. The 158, or 34%, of the total additional 463
building permits for market rate units included in Phase 2 of the Master Development
may be allocated among the villages in the Master Development in any combination as
Developer determines in its sole discretion. The total number of building permits which
may be issued for market rate units may be increased by seven (7) permits for each
additional one (I) Affordable Second Dwelling Unit Administrative Permit approved
and issued by the City of Carlsbad. The Developer shall at the time a residential structure
is constructed on the Affordable Housing Lot identified for the second dwelling unit,
include in such residential structure the required Second Dwelling Unit.
4.6.3 Building permits shall not be issued for more than 352 , or 76%, of the
total additional 463 market rate units included in Phase 2 of the Master Development
prior to completion of the construction of the Phase 2 Affordable For-Sale Housing Units
and approval and issuance of administrative permits for a minimum of 19 Affordable
Second Dwelling Units in Phase 1. After final inspection is completed by the Building
Department and a final Certificate of Occupancy is issued, for the Phase 2 Affordable
For-Sale Housing Units (90 total), building permits may be obtained for the remaining
dwelling units in the Master Development (1455 market rate units + 256 Affordable
11 1 market rate units in Phase 2 of the Master Development, for a total of 1,711
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Multifamily Units, Affordable For-Sale Housing Units and Affordable Second Dwelling
Units).
4.6.4 The total number of building permits which may be issued for market
rate units may be increased by seven (7) permits for each additional one (1) Affordable
Second Dwelling Unit Administrative Permit approved and issued by the City of
Carlsbad. The Developer shall at the time a residential structure is constructed on the
Affordable Housing Lot identified for the second dwelling unit, include in such
residential structure the required Affordable Second Dwelling Unit.
4.6.5 The First Amendment permitted the approval of a final map or maps for 1,158 dwelling
units (992 market rate units plus 166 affordable units, including a maximum of 50 second dwelling
units). After Site Development Plan 98, is approved for the Affordable For-Sale Housing Units and
this Agreement is duly signed and recorded against the Subject Property, a final map or maps may be
approved for 1,711 dwelling units (1455 market rate units, 116 Affordable Multifamily Units, 90
Affordable For-Sale Housing Units and a maximum of 50 Affordable Second Dwelling Units).
4.6.6 The Affordable For-Sale Housing Units shall be constructed in the normal course of
development with the market rate single-family units included within Phase 2 of the Master
Development. The Affordable For-Sale Housing Units shall be constructed according to the schedule for
constructing the market rate single-family units; provided, however, the construction of the Affordable
For-Sale Housing Units shall be reasonably proportionate to the construction of the market rate single-
family units.
4.7 Compliance Report. Following completion of construction of the Phase 1
Affordable Multifamily Units, a Compliance Report meeting the requirements of CMC Section
21 X5.180, verifying compliance of the completed Phase 1 Affordable Multifamily Units with the terms
of this Agreement and certified as correct by a third-party, shall be submitted annually to the Housing
and Redevelopment Director. If similar reports on the Phase 1 Affordable Multifamily Units are required
for regulatory compliance with other financing programs, those reports may be deemed satisfactory for
the purpose of this section by the Housing and Redevelopment Director, with respect to the Phase 1
Affordable Multifamily Units covered by such reports, provided that copies of those reports are provided
on an annual basis to the Housing and Redevelopment Director with a third party certification addressed
to the City.
acceptable to the City, shall be used in connection with the sale of the Phase 2 Affordable For-Sale
Housing Units. Such documents shall be prepared by the Developer or its successor and shall be
submitted to the Housing and Redevelopment Director for review and approval no later than the
commencement of construction of the Phase 2 Affordable For-Sale Housing Units:
4.8 Citv AnDroval of Document$. The following documents, in form and substance
4.8.1 A marketing plan establishing the process for seeking, selecting and
determining the eligibility of persons purchasing the Phase 2 Affordable For-Sale
Housing Units.
4.8.2 A form of Note
4.8.3 A form of Deed of Trust.
5. Terms Reeardine Provision of Affordable Second Dwelling Units. Provision of the
Affordable Second Dwelling Units shall be governed by the following terms:
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5.1 Location of Units. The Affordable Second Dwelling Units shall be located in the
villages of the Master Plan ]as approved in Site Development Plan 98-12. The lots identified as including
an Affordable Second Dwelling Unit shall be required to have an approved Administrative Permit in
compliance with the requirements of Carlsbad Municipal Code Section 21.10.015, unless otherwise
approved by the Community Development Director, prior to construction on the lot.
5.1.1 Subject to the approval of the Planning Director, up to fifty percent
(50%) of the Affordable Second Dwelling Units in later phases (Villages G, K, M, Q-2,
4-4 and R) of the Master Development may be relocated within the same village at the
time of approval of the Affordable Second Dwelling Unit Administrative Permit, subject
to compliance with all requirements of Carlsbad Municipal Code Section 21.10.015 and
the Housing Commission's Guidelines for Development of Second Units. Affordable
dispersal shown on Exhibit "A" of Site Development Plan 98-12.
Second Dwelling Units must be dispersed throughout the villages similarly to the
5.1.2 If the City determines that the proposed revisions to the locations of
Affordable Second Dwelling Units necessitates an amendment to this Agreement, then
the proposed amendment, and any necessary modifications to exhibits to reflect the
amendment, shall be administratively approved by the Community Development
Director. An application for this type of revision only needs the signature of the owner of
the particular phase of a village in which the revision will occur. Any proposed revision
shall be in compliance with all requirements of Carlsbad Municipal Code Section
21.10.015 and the Housing Commission's Guidelines for Development of Second Units.
5.1.3 At the time of review of the Affordable Second Dwelling Unit
Administrative Permit, the Planning Director shall determine that all proposed
Affordable Second Dwelling Units in the Master Plan are in conformance with the
requirements of CMC Section 21.10.015 and the Housing Commission's Guidelines for
Development of Second Units. Affordable Second Dwelling Units developed in Villages
G, K, M, 4-2, Q-4 and R shall be compatible in design and appearance with the proto-
typical units approved by Site Development Plan 98-12.
5.2 Affordability of Second Dwelling Units. Affordable Second Dwelling Units
shall be provided in accordance with the requirements of Carlsbad Municipal Code Section 21.10.015.
Affordable Second Dwelling Units may be, but are not required to be, rented. If an Affordable Second
Dwelling Unit is rented, the monthly rent (including utility allowance) shall not exceed 1/12th of 30% of
80% of median income in San Diego County, adjusted for assumed household size appropriate for the
unit, as required pursuant to CMC Section 21.10.015(P). Median income figures shall be those published
annually by the United States Department of Housing and Urban Development. Assumed household size
figures shall be provided to Developer by the City Department of Housing and Community
Development. The affordability requirements of this Section 5.2 shall continue for 55 years from the
date of completion of original construction of each Unit
5.3 Schedule of Develoument of Second Dwelling Units. The Affordable Second
Dwelling Units shall be constructed in the normal course of development with the market rate single-
family units included within the Master Development. The Affordable Second Dwelling Units shall be
constructed according to the schedule for constructing the market rate single-family units; provided,
however, the construction of the Affordable Second Dwelling Units shall be reasonably proportionate to
the construction of the market rate single-family units.
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6. Release of Subiect Prouerh, From Aereement. The covenants and conditions herein
contained shall apply to and bind the heirs, executors, administrators, successors, transferees and
assignees of all the parties having or acquiring any right, title or interest in or to any part of the Subject
Property, and shall run with and burden the Subject Property until terminated in accordance with the
provisions hereof. Prior to the issuance of building permits, Developer shall expressly make the
conditions and covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the Subject Property. Notwithstanding anything to the contrary set forth in this
Agreement, individual purchasers of single-family units pursuant to an approved public report in
compliance with the California Subdivided Lands Act, and mortgage lenders holding deeds of trust on
such individual units after sale to such purchasers, shall not be subject to the terms of this Agreement;
and the terms of this Agreement shall be of no further force or effect with respect to such completed unit
on the date of the recordation of a deed to the individual purchaser. Upon allocation by the Developer of
the building permits for the first 400 market rate units among the villages in Phase 1 of the Master
Development, in any combination as Developer determines in its sole discretion, then 400 market rate
units shall be released from the burdens of this Agreement. Upon allocation by the Developer of the
building permits for the 401" through 755th market rate units among the villages in Phase 1 of the
Master Development, in any combination as Developer determines in its sole discretion, and after the
Phase 1 Affordable Multifamily Units (1 16 total) in Village B are under construction, then the 401"
through 755th market rate units shall be released from the burdens of this Agreement. After final
inspection is complete, or a final Certificate of Occupancy is issued, for the Phase 1 Affordable
Multifamily Units, then the remaining 238 market rate units in Phase 1 of the Master Development shall
be released from the burdens of this Agreement. Upon allocation by the Developer of the building
permits for the first 158 additional market rate units among the villages in Phase 2 of the Master
Development, in any combination as Developer determines in its sole discretion, then 158 market rate
units shall be released from the burdens of this Agreement. Upon allocation by the Developer of the
building permits for the 159th through 352" market rate units among the villages in Phase 2 of the
Master Development, in any combination as Developer determines in its sole discretion, and after the
Phase 2 Affordable For-Sale Housing Units (90total) in Village B are under construction, then the 159th
through 352d market rate units shall be released from the burdens of this Agreement. After final
inspection is complete, or a final Certificate of Occupancy is issued for the Phase 2 Affordable For-Sale
Housing Units, then the remaining 11 lmarket rate units in Phase 2 of the Master Development shall be
released from the burdens of this Agreement. Appropriate adjustments shall be made in the number of
market rate units released from the burdens of this Agreement consistent with the increases in building
permits pursuant to Subparagraph 4.5.3 above.
7. Default. Failure of Developer to cure any default in Developer's- obligations under the
terms of this Agreement within ninety (90) days after the delivery of a notice ofhefault from the City (or
where the default is of a nature which cannot be cured within such ninety (90) day period, the failure of
Developer to commence to cure such default within the ninety (90) day period or Developer's failure to
proceed diligently to complete the cure of such a default within a reasonable time period) will constitute
a breach of this Agreement and the requirements of Carlsbad Municipal Code Chapter 21.85 and the City
may exercise any and all remedies available to it with respect to Developer's failure to satisfy the
Conditions of Approval and Chapter 21.85 of the Carlsbad Municipal Code, including, but not limited to,
the withholding of building permits for the market rate units within the Master Plan.
8. Amointment of Other Agencies. At its sole discretion, the City may designate, appoint
or contract with any other public agency, for-profit or non-profit organization to perform the City's
obligations under this Agreement.
9. 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
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(hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk
of loss and all damage (including expense) sustained or incurred because of or by reason of any and all
claims, demands, suits, actions, judgments and executions for damages of any and every kind and by
whomever and whenever made or obtained, allegedly caused by, arising out of or relating 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.
their) expense, comprehensive general liability insurance for development of the Affordable Units
naming Indemnitees as additional named insureds with aggregate limits of not less than Five Million
Dollars ($5,000,000) for bodily injury, and death and property damage, including coverage for contract
liability and products and completed operations purchased by Developer (or its successor or successors)
from an insurance company duly licensed to engage in the business of issuing such insurance in the
State, with a current Best's Key Rating of not less than A-V, such insurance to be evidenced by an
permit for the Affordable Units.
endorsement which so provides and delivered to the City Clerk prior to the issuance of any building
10. Insurance Reauirements. Developer (or its successor or successors) shall obtain, at its (or
1 1. m. All notices required pursuant to this Agreement shall be in writing and may be
given by personal delivery or by registered or certified mail, retum receipt requested, to the party to
receive such notice at the addresses set forth below:
CITY OF CARLSBAD
Housing and Redevelopment Department
Attn: Housing and Redevelopment Director
2965 Roosevelt Street, Suite B
Carlsbad, California 92008-2389
CONTINENTAL RANCH, INC.
Attn: Dave Lother
2237 Faraday Avenue, Suite 100
Carlsbad, California 92008
Any party may change its address to whit
party of the new address, in the manner set forth above.
:h notices are to be sent by notifying the other
parties and no modification hereof shall be binding unless reduced to writing and signed by the parties
hereto.
date certificates of occupancy have been issued for all Affordable Units.
12. Intemated Ameement. This Agreement constitutes the entire agreement between the
13. Duration of Ameement. This Agreement shall remain in effect for 55 years following the
14. Recordine of Ameement. The parties hereto shall cause this Agreement to be recorded
against the Subject Property in the Official Records of the County of San Diego.
**************
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contained in this Agreement is to be held invalid, void or unenforceable by any court of competent
jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and
effect.
15. Severability. In the event any limitation, condition, restriction, covenant or provision
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the
day and year first above written.
DEVELOPER
CONTINENTAL RANCH, MC.,
a Delaware corporation
By:
Its: Yl@G PW.
CITY
CITY OF CARLSBAD, a municipal corporation
By: a&c
MARTIN ORENY
Community Development Director w
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LLLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SCeV, DCM } ss.
Place Notary Seal Above
6ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the perso@ whose nameadare
subscribed to the within instrument and
acknowledged to me thatAekkdthey executed
the same in Ai&edtheir authorized
capacity@, and that by "4ef/their
signatureeon the instrument the person@, or
the entity upon behalf of which the persona
acted, executed the instrument.
WITNESS my hand and official seal
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer ~~ Signer's Name:
0 Individual n Corporate Officer - Title@):
0 Partner - 0 Limited C General
:Y Attorney in Fact
L Trustee
0 Guardian or Conservator
U Other:
Signer Is Representing:
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ATTACHMENT "A"
SUBJECT PROPERTY
11 07/08/99
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE, VILLAGES H, J, 0, Q PHASE 1,
AND PORTIONS OF VILLAGES "A-D"
By: RBljb.005
TC Ref.
co.
Order No.
Dale
Date: July 1, 1999
Page 1 of 7
A parcel of land being a portion of the Southerly one half of Section 18 and a portion of
Section 19, Township 12 South, Range 3 West, San Bernardino Meridian and a portion of
Fractional Section 13 and a portion of Fractional Section 24, Township 12 South, Range
4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of
California described as follows:
Beginning at a point on the Westerly boundary line of Record of Survey No. 91 12 on file
in the Office of the County Recorder of said County of San Diego, said point also being on
' the centerline of Palomar Airport Road and the beginning of a non-tangent 1200.00 foot
radius curve concave Southwesterly, to which a radial line bears North 02"03'04" East;
thence leaving said Westerly line and along said centerline Southeasterly along the arc of
said curve through a central angle of 20"13'34" a distance of 423.61 feet; thence South
67"43'22" East 1328.80 feet to the beginning of a tangent 1000.00 foot radius curve
concave Northeasterly; thence Southeasterly along the arc of said curve through a central
angle of 03"09'32" a distance of 55.13 feet to the beginning of a non-tangent 2263.00 foot
radius curve concave Northerly to which a radial line bears North 08"33'46" East; thence
Easterly along the arc of said curve through a central angle of 16"17'25" a distance of
643.41 feet to the beginning of a non-tangent 1000.00 foot radius curve concave
Northwesterly to which a radial line bears North 18"16'59 West: thence Northeasterly
along the arc of said curve through a central angle of 03"09'32" a distance of 55.13 feet;
thence North 68"33'29" East 1525.56 feet to the beginning of a tangent 6000.00 foot
radius curve concave Southeasterly; thence Northeasterly along the arc of said curve
through a central angle of 05"39'05" a distance of 591.81 feet; thence North 74"12'34"
East 454.40 feet to the beginning of a tangent 3000.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central angle of
RE103 4/89
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE, VILLAGES H, J, 0, Q PHASE 1,
AND PORTIONS OF VILLAGES "A-D"
By: RBljb.005
Date: July 1, 1999
Page 2 of 7
00'52'58 a distance of 46.22 feet to a point on the Easterly boundary line of said Record
of Survey No. 91 12; thence leaving said centerline and Southerly, Westerly and Northerly
along the boundary lines of said Record of Survey the following courses: South OO"39'50"
West 2492.24 feet; thence South OO"O8'23" West 2669.98 feet; thence South OO"O7'39"
West 1335.81 feet; thence North 89"45'39" West 1314.12 feet; thence North 89O48'08"
West 1248.20 feet; thence North 89"46'41" West 1848.74 feet: thence South OO"51'48"
West 431.07 feet to the beginning of a non-tangent 900.00 foot radius curve concave
Northeasterly, to which a radial line bears South 15"05'10" West; thence Northwesterly
along the arc of said curve through a central angle of 01 "44'50" a distance of 27.45 feet;
thence North 73"10'00" West 120.00 feet to the beginning of a tangent 900.00 foot radius
curve concave Northeasterly; thence Northwesterly along the arc of said curve through a
central angle of 29"32'00" a distance of 463.91 feet; thence South 46"22'00" West 82.83
feet to the beginning of a tangent 150.00 foot radius curve concave Northerly; thence
Westerly along the arc of said curve through a central angle of 82"18'00" a distance of
215.46 feet; thence North 51 "20'00" West 440.25 feet to the beginning of a tangent 700.00
foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve
through a central angle of 19"20'00" a distance of 236.20 feet; thence North 32"OO'Oo"
West 425.00 feet to the beginning of a tangent 750.00 foot radius curve concave
Southwesterly; thence Northwesterly along the arc of said curve through a central angle
of 57'17'44" a distance of 750.00 feet; thence North 89"17'44" West 480.00 feet; thence
North OO"41'42" East 205.09 feet; thence South 89"26'46" East 2458.80 feet; thence North
02"38'0(7' West 5065.02 feet to the Point of Beginning.
Excepting therefrom the following described parcels of land:
r@v Snn Dicgo L 1 California92110-2596
5620 Friars Road RICKENGINEUUNG~MFANY
(6191291-0707
2833
Legal Description
TC Ret
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE, VILLAGES H, J, 0, 0 PHASE 1,
0rd.r No.
AND PORTIONS OF VILLAGES "A-D" 0-r.
Rev. By
By: RWjb.005
Date: July 1, 1999
Page 3 of 7
[Existina Park Site 1)
Commencing at the Southeast comer of said Record of Survey No. 91 12; thence North
OO"O7'39" East along the Easterly line thereof 1335.81 feet; thence leaving said Easterly
line North 89'46'1 1" West 1308.84 feet; thence North 00°21'00" East 1398.14 feet; thence
North 89"39'00" West 542.1 1 feet to the TRUE POINT OF BEGINNING, being a point on
that certain document granted to the City of Carlsbad on February 24,1977 as File/Page
77-068081; thence along said document the following courses: South 36"15'49 West
408.00 feet; South 05"10'15" East 176.66 feet; South 06"32'57" West 225.02 feet; South
79"55'36" East 228.30 feet; South 32"22'19 East 107.90 feet; South 19"16'22" West
68.69 feet; South 7650'48" West 575.23 feet; North 48'51'58"West 291.10 feet; North
16"01'37" East 549.47 feet; North 4958'58" East 494.91 feet; North 85"50'40" East
240.49 feet to the TRUE POINT OF BEGINNING.
JExistina Park Site 21
That parcel of land described in that document recorded November 4, 1997 as
Document No. 97-0554155 and being a portion of Parcel 2 of Certificate of
Compliance, Document No. 94-0497667 in the City of Carlsbad, both on file in the
Office of the County Recorder of San Diego County, State of California described as
follows:
Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the
intersection of the two courses: North 85"50'40" East 92.05 feet, North 04"09'20"
West 326.97 feet; thence along said Southeasterly line the following courses: South
85"50'40" West 92.05 feet to the beginning of a tangent 2000.00 foot radius curve
San Dirgo
5610 Friars Road
1 Califomia92110-2S96 2834
1619)291-0707
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE, VILLAGES H, J, 0, Q PHASE 1,
AND PORTIONS OF VILLAGES "A-D"
By: RB/jb.005
Date: July 1, 1999
Page 4 of 7
TC Rat.
OrdN No.
Rev. By
concave Southerly; thence Westerly along the arc of said curve through a central angle
of 02"22'02" a distance of 82.63 feet; thence leaving said Southeasterly line North
50"32'05" East 214.03 feet to said Southeasterly line; thence along said
Southeasterly line South 04"09'20" East 122.00 feet to the Point of Beginning.
[School Site)
That portion of Parcel 2 of Certificate of Compliance, Document No. 944497667 and
Parcel 3 of Certificate of Compliance, Document No. 94-0497669 both in the City of
Carlsbad, on file in the Office of the County Recorder of San Diego County, State of
California described as follows:
Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the
intersection of the two courses: North 85"50'40" East 92.05 feet, North 04"09'20"
West 326.97 feet; thence North 04"09'20" West along said Southeasterly line
122.00 feet to the TRUE POINT OF BEGINNING; thence South 50"32'05" West
230.39 feet; thence South 38"58'12" East 19.32 feet: thence South 55"32'56" West
143.45 feet; thence South 48"54'47" West 151.28 feet; thence South 44"27'17"
West 104.02 feet: thence South 56"30'35" West 147.1 7 feet: thence North
74"13'36" West 146.41 feet: thence North 84"11'15" West 218.1 1 feet to the
beginning of a tangent 140.00 foot radius curve concave Southeasterly; thence
Southwesterly along the arc of said curve through a central angle of 56"28'45" a
distance of 138.01 feet; thence South 39"20'00" West 236.54 feet; thence South
46"46'16" West 31.78 feet; thence South 60"10'20" West 58.15 feet to the
beginning of a tangent 125.00 foot radius curve concave Northerly; thence Westerly
along the arc of said curve through a central angle of 51 "48'28" a distance of 1 13.03
VAT San Dirgo L-1 Cdifoornia92110-2596
5620 Friars Road RICKENG~VEERINGCOMPANY 2835
(619)291-0707
Legal Description
TC Rd.
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES, y
SCHOOL SITE, VILLAGES H, J, 0, Q PHASE 1,
By: RBljb.005
Date: July 1, 1999
Page 5 of 7
AND PORTIONS OF VILLAGES "A-D" De*=,.
Rev. By
feet; thence North 68"01'12" West 41.08 feet to the beginning of a tangent 100.00
foot radius curve concave Southerly; thence Westerly along the arc of said curve
through a central angle of 35"36'36" a distance of 62.15 feet; thence South
76"22'12" West 45.13 feet; thence North 87"28'01 West 41.18 feet; thence North
18"34'56" West 95.67 feet; thence North 72"43'50" East 84.30 feet to the
beginning of a tangent 145 1 .OO foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 30"05'48" a
distance of 762.19 feet to the beginning of a reverse 20.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said curve through a central angle
of 21 "1 2'1 6" a distance of 7.40 feet to the beginning of a reverse 30.00 foot radius
curve concave Northwesterly; thence Northeasterly along the arc of said curve through
a central angle of 33"23'30" a distance of 17.48 feet to the beginning of a reverse
170.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc
of said curve through a central angle of lO"03'18" a distance of 29.83 feet to the
beginning of a reverse 1451 .OO foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 07"43'04" a
distance of 195.45 feet; thence North 32"47'02" East 240.48 feet to the beginning
of a tangent 21 49.00 foot radius curve concave Southeasterly; thence Northeasterly
along the arc of said curve through a central angle of OO"54'11" a distance of 33.87
feet; thence North 33"41'13" East 280.45 feet to the beginning of a tangent 25.00
foot radius curve concave Southerly; thence Northeasterly along the arc of said curve
through a central angle of 91 "53'02" a distance of 40.09 feet; thence South
46'49'56'' East 31.87 feet; thence South 53"32'41" East 8.86 feet; thence South
59"31'58" East 35.19 feet to the beginning of a non-tangent 2337.00 foot radius
curve concave Southwesterly, to which a radial line bears North 37"25'20" East;
thence Southeasterly along the arc of said curve through a central angle of 13"37'27"
L . ..
VAT San Diego L-A California92110-2596
5620 Friars Road RICKENGINEERNGCOh4PANY
(619)291-0707 2836
Legal DescriDtion
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE, VILLAGES H, J, 0, Q PHASE 1,
AND PORTIONS OF VILLAGES "A-D"
By: RBljb.005
TC Ref.
co.
0d.r No.
Dale
Dncr.
Rev. By
Date: July 1, 1999
Page 6 of 7
a distance of 555.71 feet: thence South 50"32'05" West 59.84 feet to the TRUE
POINT OF BEGINNING.
jVillaae "H"1
Carlsbad Tract No. 97-01, Rancho Carrillo Village "H" in the City of Carlsbad, County
of San Diego, State of California according to the map thereof No. 13581 on file in the
Office of the San Diego County Recorder.
JVillaae "J")
Carlsbad Tract No. 93-01, Rancho Carrillo Village "J" in the City of Carlsbad, County
of San Diego, State of California according to the map thereof No. 13552 on file in the
Office of the San Diego County Recorder.
/Villaae "0")
Carlsbad Tract No. 93-08, Rancho Carrillo Village "0" in the City of Carlsbad, County
of San Diego, State of California according to the map thereof No. 13553 on file in the
Office of the San Diego County Recorder.
/Villaae "Q", Phase 11
Carlsbad Tract No. 93-04, Rancho Carrillo Village "Q" Phase 1 in the City of Carlsbad,
County of San Diego, State of California according to the map thereof No. 13551 on
file in the Office of the San Diego County Recorder.
r@ San Dicga
5620 Friars Road RICKENGINEXRINGrnMPANY 2837 1 Californie.92110-2596
(619)291-0707
Legal Description
J-12987
RANCHO CARRILLO, EXCLUDING PARK SITES,
SCHOOL SITE, VILLAGES H, J, 0, Q PHASE 1,
AND PORTIONS OF VILLAGES "A-D"
By: RBljb.005
Date: July 1, 1999
Page 7 of 7
JVillaaes "A-D", Excludina Lots 206 and 208)
Carlsbad Tract No. 97-02, Rancho Carrillo Villages "A-D" in the City of Carlsbad,
County of San Diego, State of California according to the map thereof No. 13582 on
file in the Office of the San Diego County Recorder, excluding therefrom, the herein
described exception, Lots 206 and 208 of said Map 13582.
A?L 71 4- e93 . Coram L.S. 5059
,-
ATTACHMENT "B"
2838
Number of
Bedrooms
One
Two
Three
PHASE 1 MULTIFAMILY SIZE AND BEDROOM COUNT
Square Footage
of Unit
Number of
Units
700 S.F. 12
900 S.F. 48
1100 S.F. 56
TOTAL: 116
SECOND DWELLING UNITS
Village -
H
Locations
J
Lots 6, 12,22,58 & 69
Q1
Lots 6,23,28,43,53 & 61
Lots 6, 12, 30,44, 53, 72,
77 84101
G Lots 358,362,376, & 390
K Lots 84,93,96,102, 109, 128,
138, & 153
M Lots 245,258,262,283,290,
300 & 307
Q-2 Lots 113,137, 144, & 157
4-4 Lots 217,227,234 R-3 Lots 166,187, 190,197 and 204
Number of Bedrooms
2
3
3
Total Number
5
6
8
TOTAL 50
AFFORDABLE FOR-SALE HOUSING UNITS
Square Footage
901
1003
1139
- Size 587 square feet
616 square feet
611 square feet (5), 616
400 to 640 square feet
square feet (3)
400 to 640 square feet
432 to 640 square feet
432 to 640 square feet
432 to 640 square feet
432 to 640 square feet
Number of Units
10
40
40
Rancho Camllo Amendment #2 12 07/08/99
., . .
ATTACHMENT "C"
PHASING OF CONSTRUCTION
2
2840
RANCHO CARFULLO - AFFORDABLE HOUSING AGREEMENT PHASING FOR
CONSTRUCTION OF UNITS
Action Required
Phasing
Received
Appropriate
Approval of &
:xecute Second
Amended Affordable
Housing Agreement.
L 16 unit affordable
ipartment project and
)O town home units
mder construction.
kal Certificate of
Iccupancies issued
or the 116 unit
lffordable apartment
roject and 90
iffordable town
lome units.
rota1
# of Building
Permits & Type
Released
558
market rate
building permits
1 16 affordable
and
apartment
building permits
and
90 for-sale town
homes
and
Building Permits
For up to 50 SDU’s
548
market rate
building permits
349
market rate
building permits
1,711 units
% of Market
Rate
Permits for
Project
38%
76%
24%
100%
Comments
Developer may proceed with 558 market
rate units prior to starting 116 affordable
apartment units & 90 for-sale town homes.
Final maps can be recorded for a total of
1711 units within the Master Plan
At this point, the total market rate permits
allowed to be issued would be 1106 or
76% of the total number of market rate
mits in Phase 1 & Phase 2 of the
5evelopment. This number could be
increased by 7 for every SDU Admin.
Permit approved & issued by the City.
4t this point, all 116 affordable apartment
mits & 90 town home units will be
:omplete. The final 349 market rate units
:odd be under construction. It is possible
bat the final 50 SDU’s will not be
:ompleted until the completion of all
narket rate units.
1455 market rate, 116 affordable
ipartment units, 90 town home units & 50
3