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HomeMy WebLinkAboutSDP 06-04; Calavera Hills LLC; 2008-0373208; Affordable Housing Agreement/ReleaseDQC# 2008-0373208 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 JUL11,2008 3:32 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 36,00 PAGES:10 (Space above for Recorder's Use) FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT IMPOSINGJIESTRICTIONS ON REAL PROPERTY ("Agreement"), entered into this [ff^ day of OuiUUt-. , 2008, by and between the CITY OF CARLSBAD, a municipal corporation/thereinafter referred to as the "City"), and CALAVERA HILLS II, LLC, a California limited liability corporation (hereinafter referred to as the "Master Developer"), and CIC GLEN RIDGE, L.P., a California limited partnership (herein referred to as the "Affordable Housing Developer") is made with reference to the following: A. Master Developer and Affordable Housing Developer each own one or more lots or parcels of real property in the City of Carlsbad, in the County of San Diego, California (hereinafter collectively referred to as the "Subject Property") described in "Attachment A", which is attached hereto and incorporated herein by this reference. B. Master Developer has requested an amendment to the Agreement to increase the total number of dwelling units within said project from four hundred sixty-nine (469) to four hundred eighty-two (482) units, which shall include four hundred and four (404) market-rate dwelling units and seventy-eight (78) affordable housing units. C. Master Developer has requested that the Affordable Housing Developer be added as a party to the Agreement due to a recent transfer of property ownership. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Agreement. The terms and conditions of the Agreement, dated February 26, 2007 and recorded in the Official Records of San Diego County, California on March 27, 2007 as Instrument No. 2007-0205913, shall remain in full force and effect, except as where amended per this First Amendment to said Agreement. April 11,2002 2. Total number of Housing Units. The total number of dwelling units within the East Village Development of the Robertson Ranch Master Plan (MP 02-03) and Tentative Tract Map CT 02-16, shall be increased from four hundred sixty-nine (469) to four hundred eighty-two (482) units, which shall include four hundred and four (404) market-rate dwelling units and seventy-eight (78) affordable housing units. An amendment to this agreement will be required to receive final map approval for additional housing units within the East Village Development, above the subject four hundred eighty-two (482) total housing units. 3. Number and Type of Affordable Units. As a condition to the satisfaction of Master Developer's affordable housing requirements for the East Village Development, Master Developer shall continue to construct, or cause to be constructed, on the Subject Property a total of seventy-eight (78) apartment units (hereinafter referred to as the "Affordable Multifamily Rental Units"), of which six (6) units will be excess units that may be used as affordable housing credit for an alternate development of Master Developer or a third party designated by the Master Developer and at the sole discretion of the City Council. All provisions of the Agreement as related to the affordable units shall remain in full force and effect, except that the schedule for the release of building permits is hereby modified to increase the total number of building permits to be released to four hundred four (404) market rate permits and seventy-eight (78) affordable unit permits. 4. Affordable Housing Developer. Master Developer has contracted with Chelsea Investment Corporation, and its successor CIC Glen Ridge, L.P., to serve as the Affordable Housing Developer and develop and construct the Affordable Multifamily Rental Units to be constructed in Planning Area 15, and has transferred ownership of said property to subject affordable housing developer. The Affordable Housing Developer, which shall be known as CIC Glen Ridge, L.P is hereby added as a party to the Agreement and shall be subject to all provisions of the Agreement as well as this First Amendment to said Agreement along with Master Developer. 5. 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 addresses set forth below: TO THE CITY OF CARLSBAD: CITY OF CARLSBAD Housing and Redevelopment Department Atm: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE MASTER DEVELOPER: Calavera Hills II, LLC c/o Brookfield Homes Atm: Larry Cortes 12865 Pointe Del Mar, Suite 200 April 11,2002 Del Mar, Ca. 92014 TO THE AFFORDABLE HOUSING DEVELOPER: CIC GLEN RIDGE, L.P c/o Chelsea Investment Corporation 5993 Avenida Encinas, Suite 101 Carlsbad, Ca. 92008 Attn: James Schmid With a copy to: MMA Glen Ridge, LLC c/o MMA Financial TC Corp. 101 Arch Street Boston, MA 02110 Attn: Asset Management and Legal Department 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. Recording of Agreement. The parties hereto shall cause this First Amendment to the Agreement to be recorded against Subject Property in the official Records of the County of San Diego. To the extent any portion of the Subject Property is released pursuant to the terms of this Agreement, then, if Master Developer so requests, City will execute and deliver to Master Developer written confirmation of the release of such portion of the Subject Property from this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. April 11, 2002 MASTER DEVELOPER CITY By: CALAVERA HILLS II. LLC, a California Limited Liability Company CITY OF CARLSBAD, A Municipal Corporation By: Sandra L. Holder Community Development Director ATTEST: Vice President/CFO AFFORDABLE HOUSING DEVELOPER Hi CIC GLEN RIDGE, LP k California Limited Partnership By: Ajj^Glen Ridge, LLC, a California limited liability company, its General Partner By: Chelsea Investment Corporation, a California\orporation its Manager orraine MV-WoodCJ City Clerk APPROVED AS/TO FORM JANEMOBALDI, Assistant City Attorney Name: Title: By: Name: Title: \ \ \ \ \\ If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. 4/15/2008 MASTER DEVELOPER CITY By: CALAVERA HILLS II. LLC, jrCalifornia Limited Liability Company CITY OF CARLSBAD, A Municipal Corporation By: Sandra L. Holder Community Development Director AFFORDABLE HOUSING DEVELOPER By: CIC GLEN RIDGE, LP a California Limited Partnership By: Ajax Glen Ridge, LLC, a California limited liability company, its General Partner By: Chelsea Investment Corporation, a California corporation its Manager By: M. W City Clerk APPROVED AS TO FORM IANE MOBALDI, Assistant City Attorney «Jame: Title: If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. 4/15/2008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date ' personally appeared before me, Here Insert Name? and Title of the Officerer 7 J Name(s) of Signer(s) G. R. WITHERS L Commission* 1680068 I Notary Public - California \ San Diego County F My Comm. Expires Jul 6, 201 Of who proved to me on the basis of satisfactory evidence to be the person^s) whose namefs) is/we subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/tl ieiij authorized capacity(tes), and that by his/hef#l=ietr signaturefs)- on the instrument the personfs); 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. Place Notary Seal Above Signature OPTIONAL Signature of Notary Public 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 ofjhis form to another document. Description of Attached Document/*7V"5>7i A^nt Title or Type of Document: Document Date:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT [ OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT1 OF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On April 22. 2008 _, before me, Gladys M. Eddy-Lee, Notary Public, personally appeared David R. Poole and Larry Cortes, Commtaton * 1673m *******:ton Ofcoo courtyMy Comm. who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. AZl^L,^ /}l . Place Notary Seal Above Signature of Notary Public 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(s) Other Than Named Above:, Capacities Claimed by Signers Signers' Names: D Individual D Corporate Officers - Titles D Partner —D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: \ I I I Signers are representing Right Thumbprint of Signer Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On^Aulu \^,u \. J Datf before me, personally appeared . .. Here Insert Name and Titfe of the Officer Name(s) of Signer(s) . Cammteton# 1528315No**Vp*«c-Cal«omta I who proved to me on the basis of satisfactory evidence to be the person(e)r whose name(s)- is/are subscribed to the within instrument and acknowledged to me that be/she/taey executed the same in -his/her/their authorized capacity (tee), and that by tiis/her/thetf-signature(8)- 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. Place Notary Seal Above WITNESS my hand and official seal. Signature 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: < "to . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) SigneTg-Nacoe: LJ Individual I Corporate Officer — Tit ri Partner — D Limited LJ GeneraT D Attorney in Fact LJ Trustee I ] Guardian or Conservator ! Other: Signer Is Representing: RldilTTHUMBPRINTOF SIGNER Top of thumb Signer's Name: D Individual I J Corporate Officer — Title(s): D Partner — n Limited D General D Attorney in Fact i Trustee L Gtrafdian or Conservator "Other:. Signer Is Representing:, RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A REMAINDER PARCEL OF PARCEL MAP NO. 19804, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 3, 2005 AS INSTRUMENT NO. 2005-0659805 OF OFFICIAL RECORDS. PARCEL B THAT PORTION OF LOT E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FIELD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF RECORD OF SURVEY 16661, BEING ALSO THE SOUTHEAST CORNER OF CT 76-12 PER MAP 9935 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JULY 14, 2000 AND DECEMBER 16, 1980 RESPECTIVELY; THENCE SOUTH 1° 42' 35" WEST 1619.75 FEET, SOUTH 63° 42' 38" EAST 313.13 FEET SOUTH 73° 19' 52" EAST 230.87 FEET, SOUTH 4° 56' 41" EAST 517.19 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1451.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 28° 58' 39" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE 519.94 FEET THROUGH A CENTRAL ANGLE OF 20° 31' 52"; THENCE, TANGENT TO SAID CURVE NORTH 81° 33' 13" EAST 648.89 FEET TO A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1349.00 FEET; THENCE, EASTERLY ALONG SAID CURVE 666.28 FEET THROUGH A CENTRAL ANGLE OF 28° 17' 56"; THENCE, TANGENT TO SAID CURVE NORTH 53° 15' 17" EAST 461.71 FEET TO A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 990.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE 32.06 FEET THROUGH A CENTRAL ANGLE OF 1° 51' 19"; THENCE, TANGENT TO SAID CURVE NORTH 51° 23' 58" EAST 60.28 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1010.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE 32.70 FEET THROUGH A CENTRAL ANGLE OF 1° 51' 19"; THENCE, TANGENT TO SAID CURVE NORTH 53° 15' 17" EAST 336.29 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 25.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 39.80 FEET THROUGH A CENTRAL ANGLE OF 91° 12' 49"; THENCE, TANGENT TO SAID CURVE NORTH 37° 57' 32" WEST 300.00 FEET TO A TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 210.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE 20.92 FEET THROUGH A CENTRAL ANGLE OF 5° 42' 26"; THENCE, TANGENT TO SAID CURVE NORTH 32° 15' 06" WEST 80.62 FEET TO A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 190.00 FEET; THENCE NORTHERLY ALONG SAID CURVE 18.93 THROUGH A CENTRAL ANGLE OF 5° 42' 26"; THENCE, TANGENT TO SAID CURVE NORTH 37° 57' 32" WEST 310.22 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1349.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 288.52 FEET THROUGH A CENTRAL ANGLE OF 12° 15' 16"; THENCE, TANGENT TO SAID CURVE NORTH 50° 12' 48" WEST 100.00 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1451.00 FEET, 4/15/2008 THENCE NORTHWESTERLY ALONG SAID CURVE 480.31 FEET THROUGH A CENTRAL ANGLE OF 18° 57' 58" TO A POINT IN THE SOUTH LINE OF SAID RECORD OF SURVEY 16661, A RADIAL LINE TO SAID CURVE BEARS SOUTH 58° 45' 10" WEST, THENCE, NORTH 89° 25' 37" WEST ALONG THE SOUTH LINE OF SAID RECORD OF SURVEY 16661, 1950.97 FEET TO THE POINT OF BEGINNING. SAID LAND BEING DESCRIBED AS PARCEL 1 ON CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 28, 2001 AS INSTRUMENT NO. 2001-0865064 OF OFFICIAL RECORDS. APN: 168-050-56-00 and 168-050-47-00 4/15/2008