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HomeMy WebLinkAboutCT 97-24; Carlsbad Estates LLC; 1999-0492465; Affordable Housing Agreement/ReleaseSECOiDING RiOUESTED BY IAWYEh. fLE . - DOG tt: 1999-0492465 Kecordin&keauested by: JUL 15s 1999 3:24 PM . . City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office A& Citv Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 a+ 308b-c5 IIIIIIYYYll~ll~~RRl~~l~lll~l~~ 1999-0492466 CT43GPt fqt4-y s3fiaw1210d AFFORDABLE HOUSING AGREEMENT- i 8492 mrc1flL Rmm SM DIERI ClMTV RECMER’S OFFICE - kE!!rmv ?KoErn : . THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this 2”d day of April, 1999, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”), and Carlsbad Estates LLC., (hereinafter referred to as “Developer”), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map (CT97-24) which provides conditional approval of the construction of 14 single family dwelling units (“Project”). B. Condition No. 13 of Planning Commission Resolution No. 4327, 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 (“Affordable Housing Obligation”), as such is defined under Chapter 2 1.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 4327 that the Affordable Housing Obligation will be satisfied by applying the requirements set forth in this Agreement for two (2) affordable housing lots (“Affordable Housing Lots”). The Affordable Housing Lots which are subject to this Agreement are: Lots 7, and 8 of Carlsbad Tract No 97-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13784 filed with the County Recorder of San Diego County on Mav 20.1999. 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. 06129199 .- I 8493 2. SATISFACTION OF AFFORDABLE HOUSING REOUIREMENTS THROUGH CONSTRUCTION OF SECOND DWELLING UNITS. Performance under this Agreement satisfies the Developer’s obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. 97-23 by reason of the approvals of the Tentative Map of CT97-24, including Condition No. 13, listed in Planning Commission Resolution No. 4327, and any other applicable approval. 3. SECOND DWELLING UNITS. (a) Construction of Second Dwelling Units. Developer’s shall at the time a residential structure is constructed on the Affordable Housing Lot, include in such residential structure a Second Dwelling Unit as defined under and subject to the requirements contained in Municipal Code Section 21.10.015. (b) Restriction on Rental of Second Dwellin9: Unit. The maximum monthly rent for any Second Dwelling Unit, subject to this Agreement, which becomes rented or leased shall not exceed an amount of l/12’ of thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at eighty percent (80%) 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. A sample schedule showing the calculation of the maximum rental amount as for 1996 is attached to this Agreement as Attachment “B”. (c) Declaration. Developer’s shall require the purchaser from Developers of an Affordable Housing Lot upon which a Second Dwelling Unit has been constructed to sign an affidavit or declaration under penalty of perjury, in a form prescribed by the City Planning Director, which states that if the Second Dwelling Unit on the Affordable Housing Lot is rented that it shall be rented at a monthly rental rate not to exceed the rate set forth in Paragraph 2(b). Developers shall forward the original declaration to the City Planning Director for maintenance in the City’s files, and retain a copy for its own files in the event proof becomes necessary. (d) Deed Restriction. Prior to the sale of an affected lot, the Developers shall provide proof to the City Planning Director that the language contained in Exhibit “C” has been included in each deed prior to the sale of an affected property and will run with the land so as to restrict subsequent transfers. 4. CONSTRUCTION PHASING OF PROJECT AND AFFORDABLE HOUSING LOTS. Developers will build the Project in accordance with SDP 98-05. Further, the Second Dwelling Units must be constructed in a reasonable proportion to the Project construction. M/29/99 8494 5. REMEDIES Failure by the Developers 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. 13 of Planning Commission Resolution No. 4327. 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. 97-24. 6. HOLD HARMLESS Developer will indemnity 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 expense) sustained or incurred because of or by reason of any and all claims, demands suits, actions, obtained, allegedly caused by, arising out of or retaining 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, Developer’s shall obtain, at its expense, comprehensive general liability insurance for development of the Project naming Indemnities as additional insureds with aggregate limits of not less than five million dollars ($5,000,000) 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-:V, such insurance to be evidenced by an endorsement which so provides and delivered 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 forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE DEVELOPER: Carlsbad Estates LLC 110 Juniper Street San Diego, CA 92101 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. 8. 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. 06129199 3 9. DURATION OF AGREEMENT 8495 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 2(b) above shall terminate as to the Affordable Housing Lot at such time as the Second 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 DeveloperL3 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 nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPERS Carlsbad Estates LLC CITY (Name) Herbert M. Municipal corporation Community Development Director By: Manager (Title) APPROVED AS TO FORM: State of California County of San Diego On April 2, 1999 before me, Roberta G. Ezell, Notary Public , Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared Herbert M. Palmt ag I Name(s) of Signer(s) m personally known to me - OR - 0 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. WITNESS my hand and official seal. ‘CL Signature of Notary 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: Affordable Housing Agreement Document Date: 4/2/99 Number of Pages: a Signer(s) Other Than Named Above: Martin Orenyak and Ronald R. Ball Capacity(ies) Claimed by Signer(s) Signer'sName: Herbert M. Palmtag Cl Individual 0 Corporate Officer Title(s): &I Partner - 0 Limited Cl General I! Attorney-in-Fact 0 Trustee q Guardian or Conservator 0 Other: Signer Is Representing: Carlsbad Estates LLC Top of thumb here Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - •i Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1995 National Notary Association l 6236 Remmet Ave., P.O. Box 7164. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY 849’7 SEE ATTACHED EXHIBIT "A" . 8498 ORDER NO.: ~xm3IT A (LEGAL DESCRIPTION) Lots 1 through 14 inclusive of Carlsbad Tract No. 97-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13784, filed in the Office of the County Recorder of San Diego County, May 20, 1999. END OF SCHEDULE A I 8499 \ ./ i Al 63”/3 ‘36” U’ I 675.00’ / 423. ao’ m63”a9’oo”w I ’ 425oO’PER #do --LL 389. do’ --.. _ /33.40’ /a/.00 - -- ! /35 00’ --. 5 -4 mod' . 1 i / '- I G3.00 ' -.. '- 76.00 * --'%. c53too -7 \ 389.87’ 5 i 389.87’ ; I # I 9: i b b /29.87’ ; _-. - 75.87’ --, -- 75.00’ -‘p-- 3500 -: b II a u)- a-R a N63’/0’2/-W I -? -e % 3 G b fs i .s u k i nl ATTACHMENT B MAXIMUM MONTHLY RENTAL AMOUNT 8500 - - 7 s !? 25 2: 88 010 cI)m SC4 ; ; .-- o> ?O,W >zccr 5: Eg $3 Eg _- -- -- _- yp NC-4 (vm mm m* -‘I- s Y om ES g8 WOD “,F; gg ; ; ; ; .= !S2, E2g 58 NY ;zIH is 82 -- -- -- 6-F 358 NC-4 mo ** 002 AZ- 8501 . ATTACHMENT C 8502 DEED RESTRICTION A Second Dwelling Unit has been constructed as part of this property, and shall be maintained and utilized in accordance with the requirements of Carlsbad Municipal Code Section 21.10.015 for the useful life of the main structure (estimated to be 55 years). The maximum monthly rent for the Second Dwelling Unit, if rented or leased, shall not exceed an amount equal to thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at eighty percent (80%) 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. Prior to subsequent transfers of the property, seller shall require the purchaser to submit a signed affidavit or declaration under penalty of perjury on a form satisfactory to the City Planning Director, to the Planning Department, which acknowledges that the purchaser has read and understand the restrictions as they relate to the Second Dwelling Unit.