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HomeMy WebLinkAboutSDP 00-16; Pirineos Pointe LLC; 2002-0058641; Affordable Housing Agreement/Releaser Recording Requested by: 3 @ City of Carlsbad DOC # 2002-0058641 JCIN 23. 2002 3:44 PM When Recorded Mail to: City of Carlsbad City Clerk‘s Office Attn: Citv Clerk 1200 Carlsbad Village Drive m: 19.00 Carlsbad, California 92008 OFFICIIY. m 8AN DIEWl CaMTY RECRIER’S OFFIE GREGORY J. SIIIM, CaMTY llEwRDER OPSO58 AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (“Agreement”) is entered into this 2-8 th day of l3ere.M hc.c ,2001, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the ”City”), and Pirineos Pointe LLC, a California limited liability company, (hereinafter referred to as the “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 Site Development Plan (SDP 00-16), which provides conditional approval of the development of 14 multi-family residential units (“Project”). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developers’ affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. The Affordable Housing Obligation for this project is determined to be two (2) units and will be satisfied by applying the requirements set forth in this Agreement. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2. SATISFACTION OF AFFORDABLE HOUSING REOUIREMENTS THROUGH THE PAYMENT OF AFFORDABLE HOUSING CREDITS. housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land covered by Site (a) Performance under this Agreement satisfies the Developers’ obligation for affordable Development Plan SDP 00-16 by reason of the approvals of the Site Development Plan SDP 00-16, and any other applicable approval. and as required by Condition No. 3 of City Council Resolution No. 2001-316. The fee shall be paid prior (b) The Developer shall pay for two (2) Affordable Housing Credits zs estsblished by the City to the Developer receiving a building permit for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to Council Resolution No. 2001-316. Such failure will allow the City to exercise any and all remedies satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 3 of City available to it including but not limited to withholding the issuance of building permits for residential units shown on Site Development Plan SDP 00-16. 1 915059 4. 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 Developers’ actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal the address set forth below: delivery or by registered or certified mail, return receipt requested to the party to receive such notice at 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 B. Darryl Clubb, Managing Member Pirineos Pointe, LLC 7909 Silverton Ave, #213 San Diego, CA 92126 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 bc 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 of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 2 .. 9. SEVERABILITY 015060 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. DEVELOPER CITY Pirineos Pointe, LLC, a California limited City of Carlsbad, a municipal corporation liabili cam an By: Managing Member Community Development Director n If required by City, proper notarial acknowledgment of execution by contractor must be attached. Ifa Cornoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Assistant Secretary, Secretary, CFO or Assistant Treasurer Otherwise, the corporation attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the offlcer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: L,' '" K M.LL4-d l" ld Deputy City Attorney 3 015061 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Parcel 1 of parcel Map 4548 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 16, 1976 as file No. 76-076420 of official records 4 . . r 015062 State of California '\ } ss. 0 personally known to me Mved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature of NolaTPPublic Description of Attached Title or Type of Document: . Document Date: T\OL) lq: ZUQ! Number of Pages: Signer(s) Other Than Named Above: ~ 0 Individual