Loading...
HomeMy WebLinkAboutSDP 98-19; Manzanita; 2004-0762348; Affordable Housing Agreement/ReleaseDOC # 20044782348 I 1ll1111111111111111111111111111 IIIII 111ll11111 IIIII lllll111ll111111ll AUG 11,2004 12:33 PM 17859 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: lJ iw 13 f / City of Carlsbad City Clerk's Office Attn.: City Clerk 1200 Carlsbad Village Drive OFFICIAL RECORDS SAN DIEGO COUNTY RECURDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 41 .OO PAGES: 12 I111111 Ylll Ill lUllUul uu ulll ylll u11 yltl II# YII 11111 1111 1111 1111 2004-0762348 Carlsbad. California- 92008 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY ("Agreement"), entered into this 9th day of August by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and Manzanita Partners, L.L.C., a California limited liability company (hereinafter referred to as the "Developer"), is made with reference to the following: ,2004, A. Developer is the owner of certain real property in the City of Carlsbad, in the County of San Diego, California (hereinafter referred to as the "Subject Property") described in "Attachment A", which is attached hereto and incorporated herein by this reference. B. For the purposes of this Agreement, Developer currently intends to construct a total of one hundred fifty-seven (1 57) residential apartment units (hereinafter referred to as the Coastal Plan Amendment LCPA 98-06, Site Development Plan 98-19, Special Use Permit 98-06, HDP 98-18 and Coastal Development Permit CDP 98-73 for the Development. The City issued the approval subject to certain Conditions of Approval, including a condition requiring at least fifteen percent (1 5%) of the units in the Development to be affordable housing as required by the City's Inclusionary Housing Ordinance (CMC Chapter 21 3.5). "Development") on the Subject Property. The City has approved Zone Change ZC 98-09, Local C. The Development will consist of one hundred fifty-seven (1 57) multi family residential units. The Development shall include a minimum of twenty-four (24) affordable multi-family housing units. Developer intends to meet the inclusionary housing condition for the Development by constructing, or causing to be constructed, a minimum of twenty-four (24) multi family apartment units and as hrther described in "Attachment B." D. Developer is required by the Conditions of Approval to enter into an Affordable Housing Agreement as required and with the content specified by the City's Inclusionary Housing Ordinance, Carlsbad Municipal Code (TMC'') Chapter 2 1.85). This Agreement is that Affordable Housing Agreement pursuant to Section 21.85.140 of CMC Chapter 21.85, and shall be executed and recorded prior to the approval of any building permit for the Subject Property. 1 17860 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Satisfaction of Affordable Housing Obligation and Conditions of Approval. The Conditions of Approval of Zone Change ZC 98-09, Local Coastal Plan Amendment LCPA 98- 06, Site Development Plan 98-19, Special Use Permit 98-06, and Coastal Development Permit CDP 98-73, and the requirements of the City's Inclusionary Housing Ordinance (CMC Chapter 21.85) shall not be satisfied unless twenty-four (24) units of the Development are constructed for the purpose of providing housing to be affordable to lower-income households (the "Affordable Units"), according to the schedule and terms contained herein. A total of one hundred thirty- three (1 33) market rate units and at least twenty-four (24) affordable units may be constructed with approval of this agreement. 2. Number and Tvue of Affordable Units. As a condition to the satisfaction of Developer's affordable housing requirements for the Development, Developer shall construct, or cause to be constructed, on the Subject Property at least twenty-four (24) apartment units (hereinafter referred to as the "Affordable Multifamily Units"). 3. Terms Governing Provision of Affordable Multifamily Units. 3.1 Location of Multifamily Units. Not less than twenty-four (24) Affordable Multifamily Units shall be constructed in the Development. 3.2 Size and Bedroom Count. The Affordable Multifamily Units shall include two and three bedroom units in the numbers and with the square footage indicated in "Attachment B" to this Agreement. Not less than ten percent (1 0%) of all Affordable Multifamily Units shall be three (3) bedroom units in compliance with CMC 21.85.010(A)(2). 3.3 Affordabilitv Requirements. The Affordable Units shall be available to households with incomes not exceeding 80% of the median income for San Diego County, adjusted for actual household size. Monthly Rents of the Affordable Units shall not exceed 1/12th of 30% of 80% of median household income for San Diego County, adjusted for assumed household size appropriate for the unit pursuant to the Regulatory Agreement. For purposes of this Agreement, "Rent" shall include a utility allowance as established and adopted by the City of Carlsbad Housing Authority, as well as all required monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities -- associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant (but not including fees and charges resulting from any default by the tenant or damage caused by the tenant, or fees or charges paid by the tenant to third party utilities or other providers). 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 by the Developer and reviewed and approved by the City of Carlsbad Housing and Redevelopment Department. With respect to each Affordable Unit, the affordability requirements of this Section 3.3 shall continue for fifty-five (55) years from the date of issuance of a Certificate of Occupancy by the City for such unit or another comparable unit based upon substitution provisions pursuant to the Regulatory Agreement. The 2 17861 affordability requirements of this Section 3.3 shall be set forth in the Regulatory Agreement between the Developer or its successors and the City, provided for below, which shall supersede this Agreement upon recordation of the Regulatory Agreement. 3.4 Schedule for Developing Affordable Multifamily Units. Developer shall provide the Affordable Multifamily Units concurrent with the project's market rate units. 4. City Approval of Documents, The following documents, to be approved in writing by the City, shall be used in connection with the rental of Affordable Units. 4.1 A marketing plan consistent with the terms of this Agreement, establishing the process for seeking, selecting and determining the eligibility of tenants of the Affordable Units. 4.2 Form of Rental Agreement. 4.3 A Property Management Plan. 4.4 A Form of Regulatory Agreement between the Developer and City (the "Regulatory Agreement"), following a format designated by City. 5. Compliance Reports. Following completion of construction of any of the Affordable Multifamily Units, a Compliance Report meeting the requirements of Section 2 1.85.140 of the Inclusionary Ordinance, verifying compliance of all completed 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, commencing on the first Report Date that is twelve months from the completion of construction of the Affordable Multifamily Units. If similar reports on some or all of the 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 portion of the Affordable Multifamily Units covered by such reports, provided that copies are provided on an annual basis to the Housing and Redevelopment Director with a third party certification addressed to the City. 6. Release of Subject Property From Agreement. The covenants and conditions herein contained shall apply to and bind Developer and its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any right, title or interest in or to any part of the Subject Property and shall run with and burden such portions of the Subject Property until terminated in accordance with or Section 13 hereof. The Developer shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in such property. The burdens of this agreement, except for such burdens as may be released set forth above, shall remain in full force and effect and recorded against the Development for the 55-year duration of this agreement. 7. Default. Failure of the Developer to cure any default in the Developer's obligations under the terms of this Agreement within ninety (90) days after the delivery of a 3 17862 notice of default from the City (or where the default is of the nature which cannot be cured within such ninety (90) day period, the failure of the Developer to commence to cure such default within the ninety (90) day period or the Developer's failure to proceed diligently to complete the cure of such a default within a reasonable time period but in no event greater than 180 days) will constitute a failure to satisfy the Conditions of Approval with respect to the Subject Property and the requirements of Chapter 21.85 of the CMC and the City may exercise any and all remedies available to it with respect to the Developer's failure to satisfy the Conditions of Approval and Chapter 21.85 of the CMC, including but not limited to, the withholding of further building permits for the market rate units within the Development until such cure is completed. 8. Appointment 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 and its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any right, title or interest in or to any part of the Development 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 "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 performance or non-performance under this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. The provisions of this section shall survive expiration or other termination of this Agreement or any release of part or all of the Property from the burdens of this Agreement, and the provisions of this Section 9 shall remain in full force and effect. 10. Insurance Requirements. Developer shall obtain, at its own expense, comprehensive general liability insurance for development of the Subject Property, 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 coverages for contractual liability and products and completed operations, purchased by Developer or its successors or assigns 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 endorsement which so provides and delivered to the Housing and Redevelopment Director prior to the issuance of any building permit for the Subject Property. 1 1. 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: 4 17863 TO THE CITY OF CARLSBAD: CITY OF CARLSBAD Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE DEVELOPER: Manzanita Partners, L.L.C. 3990 Ruffin Road, Suite 100 San Diego, CA 92123 Attention: 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. 12. the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. Integrated Agreement. This Agreement constitutes the entire Agreement between 13. Duration of Agreement. This Agreement shall remain in effect for 55 years following the date certificates of occupancy have been issued for all Affordable Units. This Agreement, and any section, subsection, or covenant contained herein, may be amended only upon the written consent of Developer and the Community Development Director. 14. Recording of Anreement. The parties hereto shall cause this Agreement to be recorded against Subject Property in the official Records of the County of San Diego. 15. Severability. In the event any limitation, condition, restriction, covenant, or provision 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 5 17864 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. DEVELOPER CITY MANZANITA PARTNERS, L.L.C. A California limited liability company By: ConAm Manzanita, L.P., Its: Managing Member By: CITY OF CARLSBAD, A Municipal Corporation A California limited partnership By: Continental American Properties, Ltd. A California limited partnership Its: General Partner Community Development Director By; DJE Financial Corp. Its: General Partner # A California corporation radley Forrester 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. Chairman, President, or Vice-president **Group B. Secretary , Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation secretary under corporate seal empowering the officer(s) signing to bind the corporation. attach a resolution certified by the secretary or assistant APPROVED AS TO FORM RONALD R. BALL, City Attorney By: ttorney 6 17865 State of California ) County of San Diego 1 ) ss. On February 2, 2004, before me, Dollie G. Lewis, Notary Public, personally appeared J. Bradley Forrester and E. Scott Dupree, personally known to me (h -) to be the person(s) whose name(s) dare subscribed to the within instrument and acknowledged to me that h&he/they executed the same in hkkedtheir authorized capacity(ies), and that by klsfftet/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [seal] WITNESS my hand and official seal. NOTARY PUBLIC-CA~ IFni6~ 2: 7 ATTACHMENT A 17866 LEGAL DESCRIPTION OF SUBJECT PROPERTY THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF MORE PARTICULARLY DESCRJBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23, THENCE i N OO”32’21” E 83.75 FEET ALONG THE EASTERLY LINE OF SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TO A POINT OF CONCAVE NORTHEASTERLY, SAID POINT OF INTERSECTION HAVING A RADIAL BEARING OF N 5827’19” E, SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY OF EL CAMINO REAL AS PER RECORD OF CENTERLINE OF SAID ROAD SURVEY; INTERSECTION WITH A NON-TANGENT 7045 FOOT RADIUS CURVE SURVEY 1800-1, BEING 45 FEET WESTERLY OF AND PARALELL WITH SAID THENCE ALONG SAID RIGHT OF WAY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2” 30’ 02” AN ARC LENGTH OF 307.46 FEET TO A TANGENT LINE HAVING A BEARING OF N 29’02’39” W THENCE 235.12 FEET ALONG SAID LINE TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL, TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE S 60” 57’21” W 18.00 FEET PAGE 1 OF4 17867 THENCE; S 61T8’47’’ W 76.59 FEET THENCE; N 85” 24’48” W 197.18 FEET THENCE; N 24” 2 1 ’23” W 127.69 FEET THENCE; N 19”06’12” W 146.67 FEET THENCE; N 16” 16’07” W 133.09 FEET THENCE; N 08” 42’34” W 65.63 FEET THENCE; N 43’19’35” W 81.61 FEET THENCE; S 57” 34’35” W 84.95 FEET THENCE; N 32” 55’41’’ W 25 1.27 FEET THENCE; N 32’06’42” W 33.52 FEET THENCE; N 57” 53’18’’ E 23.24 FEET THENCE; N 35” 28’20” W 105.20 FEET THENCE; N 89” 33’56” W 24.00 FEET THENCE; N 40” 58’01” W 93.22 FEET THENCE; N 30” 48’43” W 110.49 FEET THENCE; N 59” 1 1 ’ 17” E 20.00 FEET THENCE; N 30” 48’43” W 49.26 FEET THENCE; N 43” 54’21” W 10.00 FEET TO A POINT OF INTERSECTION WITH A NON TANGENT 280 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT OF WAY OF CASSIA RD AS TAKEN BY THE CITY OF CARLSBAD IN FINAL ORDER OF CONDEMNATION PAGE 2 OF 4 17868 RECORDED FEBRUARY 12, 1998 DOCUMENT OFFICIAL RECORDS; SAID POINT TO HAVING A 54' 21" E TO SAID CURVE NUMBER 1998-075111 OF RADIAL BEARING OF S 43" THENCE; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44" 2 1 ' 23" AN ARC LENGTH OF 2 16.77 FEET TO A LINE TANGENT TO SAID CURVE HAVING A BEARING OF S 89" 32' 58" E THENCE ALONG SAID LINE 470.89 FEET, SAID LINE ALSO BEING THE SOUTHERLY RIGHT OF WAY OF CASSIA RD AS TAKEN BY THE CITY OF CARLSBAD IN FINAL ORDER OF CONDEMNATION NUMBER 68254-1 RECORDED APRIL 12, 1996 FILE NUMBER 1996-0181733 OF OFFICIAL RECORDS TO A TANGENT 280 FOOT RADIUS CURVE CONCAVE SOUTHERLY THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1" 49' 36" AN ARC DISTANCE OF 8.93 FEET TO A LINE TANGENT TO SAID CURVE HAVING A BEARING OF S 87" 43' 22" E THENCE ALONG SAID LINE 18.06 FEET TO AN ANGLE POINT IN SAID RIGHT OF WAY THENCE S 41" 17' 25" E A DISTANCE OF 43.07 FEET TO A POINT OF CONCAVE EASTERLY SAID POINT HAVING A RADIAL BEARING OF S 79" 38' 44" E INTERSECTION WITH A NON-TANGEANT 1558 FOOT RADIUS CURVE THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1" 56' 27" AND ARC DISTANCE OF 52.78 FEET TO A POINT OF CURVE CONCAVE EASTERLY SAID POINT OF INTERSECTION HAVING A RADIAL BEARING OF S 84" 36' 47" E TO SAID 1205 FOOT RADIUS CURVE INTERSECTION WITH A COMPOUND NON-TANGENT 1205 FOOT RADIUS THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8" 48' 36" AN ARC DISTANCE OF 185.29 FEET TO A POINT OF CONCAVE NORTHEASTERLY, SAID POINT OF INTERSECTION HAVING A RADIAL BEARING TO SAID 1545 FOOT RADIUS CURVE OF S 88" 24' 34" E, SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY OF EL (2-0 INTERSECTION WITH A NON-TANGENT 1545 FOOT RADIUS CURVE PAGE 3 OF 4 17869 REAL AS SHOWN ON ROAD SURVEY 1800-1 BEING 45 FEET WESTERLY OF THE CENTERLINE OF SAID ROAD SURVEY THENCE; SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30” 38’ 06” AN ARC DISTANCE OF 826.08 FEET TO A TANGEANT LINE HAVING A BEARING OF S 29” 02’ 39” E THENCE ALONG SAID LINE A DISTANCE OF 6.32 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1 1.10 ACRES MORE OR LESS. PAGE 4 OF 4 I. .. ATTACHMENT B 17870 LOCATION, SIZE, AND BEDROOM COUNT OF AFFORDABLE UNITS A total of twenty-four (24) affordable multi-family housing units will be provided within the Development. The units will be dispersed throughout the Development such that no single building will contain more than 5 affordable units. The unit mix and approximate square footages of the affordable units are as follows: