HomeMy WebLinkAboutCT 01-03; CIC Calavera LP; 2003-0700888; Affordable Housing-Regulatory Agreement & Dec. of Restrictive Covenantsi, I\
R'ECOiZDED REQUEST OF
*First Aniericart Title
SUBDIVISION MAPPING DEPT.
JtZN 13. 2003 10:46 AH
OfFICIAL RCORIIS
sp;N DIEM COWTY REOER'S OFFICE GREGORY J. SHITHS COUNTY RECORDER FEES: 60.00 MY:
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Carlsbad
2 City Clerk's Office
Attn. City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008 1 llllll1111\111111111ll11111llll1 2@3- l~ll111ll 7001188 Ill11 11111 111ll11111 Ill1 1111 Is
- 9 ----
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement")
is made and entered into as of this 13'h day of June, 2003, by and between the City of Carlsbad, a
municipal corporation (the "City"), CIC Calavera , L.P. a California limited partnership
("Owner").
E( &
RECITALS
1. The City has entered into the Loan Agreement with Owner under which the City
will loan funds (the "Loan") to Owner which will be used, together with hds obtained from
other sources, for the development and construction of one hundred six (106) residential units
known as the Calavera Hills II Affordable Housing Development ("Development"), located on
the real property in the City of Carlsbad, County of San Diego, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property").
2. The funds loaned to Owner pursuant to the Loan Agreement are City Housing
Trust Fund monies. Such funds are required to be utilized to assist housing affordable to lower
income households. This Agreement is intended to implement this requirement.
3. The City intends to utilize the Development to obtain affordable housing
production credits for the City of Carlsbad Redevelopment Agency pursuant to Health and Safety
Code Section 3341 3(b)(2)(A)(ii) as newly constructed housing units located outside of the
Carlsbad Village Redevelopment Project Area and available at affordable housing cost to low
and moderate income households. Such units are required to remain affordable to such
households for not less than the period of the land use controls established in the Redevelopment
Plan for the Carlsbad Village Redevelopment Project Area. This Agreement is also intended to
implement this requirement.
4. The City has agreed to loan funds to Owner on the condition that the
Development be maintained and operated in accordance with Health and Safety Section 33413(b)
and in accordance with additional restrictions concerning affordability, operation, and
maintenance of the Development, as specified in this Agreement.
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5. In consideration of receipt of the Loan at an interest rate substantially below the
market rate, Owner has further agreed to observe all the terms and conditions set forth below.
6. Owner holds a fee interest in the Development land, and in all improvements to be
constructed by Owner on such land.
7. In order to ensure that the entire Development will be used and operated in
accordance with these conditions and restrictions, the City and the Owner wish to enter into this
Agreement.
THEREFORE, the City and the Owner hereby agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Definitions
When used in this Agreement, the following terms shall have the respective meanings
assigned to them in this Article 1.
(a) "Adjusted Income" shall mean the total anticipated annual income of all
persons in a household, as calculated in accordance with 25 California Code of Regulations
Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar
method of calculation of adjusted income. In the event that no such program exists, the City
shall provide the Owner with a reasonably similar method of calculation of adjusted income as
provided in said Section 6914.
(b) "Agency" shall mean the Carlsbad Redevelopment Agency, Carlsbad,
California, a public body, corporate and politic.
(c) "Agreement" shall mean this Regulatory Agreement and Declaration of
Restrictive Covenants.
(d) "City" shall mean the City of Carlsbad, a municipal corporation.
(e) "Deed of Trust" shall mean the deed of trust to the City on the Property
that secures repayment of the Loan and performance of this Agreement.
(f) "Development" shall mean the Property and the one hundred six (106)
units to be constructed on the Property, as well as all landscaping, roads and parking spaces
existing thereon, as the same may from time to time exist.
(g) "HCD" shall mean the California Department of Housing and Community
Development.
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(h) "Loan" shall mean all funds loaned to Owner pursuant to the Loan
Agreement .
(i) "Loan Agreement" shall mean the City Loan Agreement entered into by
and between the City and Owner and dated of even date herewith.
(i) "Lower Income Household" shall mean a household with an Adjusted
Income that does not exceed the qualifying limits for low income households as established and
amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and
as published by HCD.
(k) "Median Income" shall mean the median gross yearly income adjusted for
actual household size, in the County of San Diego, California, as published from time to time by
HCD. In the event that such income determinations are no longer published, or are not updated
for a period of at least eighteen (18) months, the City shall provide the Owner with other income
determinations which are reasonably similar with respect to methods of calculation to those
previously published by HCD.
(1) "Moderate Income Household" shall mean a household whose annual
gross income does not exceed ninety percent (90%) of Median Income, adjusted for household
size.
(m) "Moderate Income Units" shall mean the Units limited to occupancy by
Moderate Income Households pursuant to Section 2.1 below.
(n) "Note" shall mean the promissory note from the Owner to the City
evidencing all or any part of the Loan.
(0) "Owner" shall mean CIC Calavera , L.P. a California limited partnership
and its successors and assigns to the Development.
(p) "Property" shall mean the real property described in Exhibit A attached
hereto and incorporated herein.
(9) "Rent" shall mean the total of monthly payments by the tenants of a Unit
for the following: use and occupancy of the Unit and land and associated facilities, including
parking; any separately charged fees or service charges assessed by Owner which are required of
all tenants, other than security deposits; an allowance for the cost of an adequate level of service
for utilities paid by the tenant, including garbage collection, sewer, water, electricity, gas and
other heating, cooking and refrigeration fuel, but not telephone service; any other interest, taxes,
fees or charges for use of the land or associated facilities and assessed by a public or private
entity other than Owner, and paid by the tenant.
9 9 0 3
3
(r) "Term" shall mean the period of time beginning on the date of recordation
of this Agreement and ending fifty-five (55) years after a Certificate of Occupancy is issued by
the City for all Units.
(s) "Units" shall mean the one hundred six (106) rental units to be constructed
on the Property by the Owner, but excluding therefrom one (1) resident manager's unit.
(t) "Very Low Income Household" shall mean shall mean a household whose
annual gross income does not exceed fifty percent (50%) of Median Income, adjusted for
household size.
(u) Very Low Income Unit" shall mean the Units limited to occupancy by
Moderate Income Households pursuant to Section 2 below.
ARTICLE 2
AFFORDABILITY COVENANTS
2.1 OccuDancv Requirement. Thirty-two of the Units shall be rented and occupied by
or, if vacant, available for rental and occupancy by Very Low Income Households and 20 units
shall be rented and occupied by or, if vacant, available for rental and occupancy by Low Income
Households. The remainder of the Units shall be occupied by Moderate Income Households.
2.2 Allowable Rent.
(a) Subject to Section 2.3 below, the monthly Rent charged the occupants of
the Very Low Income Units shall not exceed one-twelfth of thirty percent (30%) of fifty percent
(50%) of Median Income, adjusted for household size, and the monthly Rent charged the
occupants of the Low Income Units shall not exceed one-twelfth of thirty percent (30%) of sixty
percent (60%) of Median Income, adjusted for household size . The Rent charged the occupants
of the Moderate Income Units shall not exceed one-twelfth of thirty percent (30%) of ninety
percent (90%) of Median Income, adjusted for household size.
(b) Subject to Section 2.3(b) below, in calculating the allowable Rent for all
Units, the following assumed household sizes shall be utilized:
Number of Bedrooms Assumed Household Size
Studio
One
Two
Three
Four
4
1
1.5
3
4.5
6
2.3 Increased Income of Occupying Households.
(a) In the event, upon recertification of an occupant households income, the
Owner discovers that a Very Low Income Household no longer qualifies as a Very Low Income
Household (but does qualify as a Low Income Household), such household's Unit shall be
considered a Low Income Unit (and the Rent may be increased to one-twelfth of thirty percent of
sixty percent (60%) of Median Income upon sixty (60) days written notice to the household) and
the Owner shall rent the next available Unit to a Very Low Income Household to comply with the
requirements of Section 2.1 above. In the event, upon recertification of an occupant households
income, the Owner discovers that a Low Income Household no longer qualifies as a Low Income
Household (but does qualify as a Moderate Income Household), such households Unit shall be
considered a Moderate Income Unit (and the Rent may be increased to one-twelfth of thirty
percent of ninety percent (90%) of Median Income upon sixty (60) days written notice to the
household) and the Owner shall rent the next available Low Income Unit to a Low Income
Household to comply with the requirements of Section 2.1 above. In the event that the income of
a Very Low, Low or Moderate Income Household increases above the qualifying limit for a
Moderate Income Household, the rent shall remain at the level required for a Moderate Income
Unit and the Unit shall be deemed to be a Moderate Income Unit until the occupying household
vacates the Unit, and the next available Unit shall be rented to a Very Low, Low or Moderate
Income Household as necessary to meet the requirements of Section 2.1 above. Moreover, a Unit
occupied by a Very Low, Low or Moderate Income Household shall be deemed, upon the
termination of such Very Low , Low or Moderate Income Household's occupancy, to be
continuously occupied by a Very Low, Low or Moderate Income Household, as applicable, until
reoccupied, at which time the character of the Unit shall be redetermined.
(b) If the Development is subject to federal low income housing tax credit
requirements, the provisions of those requirements regarding assumed household size and
continued occupancy by households whose incomes exceed the eligible income limitations and
rents to be charged to those households shall apply in place of the provisions set forth in
subsections 2.2(b) and 2,3(a) above.
2.4 Lease Provisions. Owner shall include in leases for all Units provisions which
authorize Owner to immediately terminate the tenancy of any household one or more of whose
members misrepresented any fact material to the households qualification as a Very Low Income
Household, Low Income Household or a Moderate Income Household. Each lease or rental
agreement shall also provide that the household is subject to annual certification in accordance
with Section 3.1 below, and that, if the household's income increases above the applicable limits
for a Very Low Income Household or a Moderate Income Household, as applicable, such
household's Rent may be subject to increase.
2.5 Section 8 Certificate Holders. The Owner will accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of federal vouchers for rent
subsidies pursuant to the existing housing program under Section 8 of the United States Housing
Act, or its successor. The Owner shall not apply selection criteria to Section 8 voucher holders
that is more burdensome than criteria applied to all other prospective tenants, nor shall the Owner
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apply or permit the application of management policies or lease provisions with respect to the
Development which have the effect of precluding occupancy of units by such prospective
tenants.
2.6 Condominium Conversion. The Owner shall not convert Development units to
condominium or cooperative ownership or sell condominium or cooperative conversion rights to
the Property during the Term of this Agreement.
ARTICLE 3
INCOME CERTIFICATION AND REPORTING
3.1 Income Certification. The Owner will obtain, complete and maintain on file,
immediately prior to initial occupancy and annually thereafter, income certifications from each
Very Low Income Household, Low Income Household and each Moderate Income Household
renting any of the Units. The Owner shall make a good faith effort to verify that the income
provided by an applicant or occupying household in an income certification is accurate by taking
one or more of the following steps as a part of the verification process: (1) obtain a pay stub for
the most recent pay period; (2) obtain an income tax return for the most recent tax year; (3)
conduct a credit agency or similar search; (4) obtain an income verification form from the
applicant's current employer; (5) obtain an income verification form from the Social Security
Administration and/or the California Department of Social Services if the applicant receives
assistance from either of such agencies; or (6) if the applicant is unemployed and has no such tax
return, obtain another form of independent verification. Copies of tenant income certifications
shall be available to the City upon written request.
3.2 Annual Report to City. Each year Owner shall submit an annual report to the
City, in a form approved by the City. The annual report shall include for each Unit covered by
this Agreement, the Rent and the income and household size of the household occupying the
Unit. The report shall also state the date the tenancy commenced for each rental Unit and such
other information as the City may be required by law to obtain.
3.3 Additional Information. Owner shall provide any additional information
reasonably requested by the City. Upon 5 days prior written request and during regular business
hours, the City shall have the right to examine and make copies of all books, records or other
documents of Owner which pertain to any Unit.
3.4 Records. Owner shall maintain complete, accurate and current records pertaining
to the Units, and, upon 5 days prior written request by the City, shall permit any duly authorized
representative of the City to inspect records, including records pertaining to income and
household size of tenant households.
3.5 Welfare Reform Act Compliance. Unless Owner is otherwise exempt from the
following requirement under applicable law, Owner shall comply with the requirements of the
Public Responsibility and Work Opportunity Reform Act of 1996, as amended, including,
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without limitation, verifying the citizenship or immigration status of prospective tenants in
accordance with the verification procedures established under such Act.
ARTICLE 4
OPERATION OF THE DEVELOPMENT
4.1 Residential Use. The Development shall be operated only for residential use. No
part of the Development shall be operated as transient housing.
4.2 Compliance with Loan Agreement. Owner shall comply with all the terms and
provisions of the Loan Agreement.
4.3 Property Tax Exemption. Owner shall only apply for a property tax exemption for
the Property under Revenue and Taxation Section 214(g), and not under any other provision of
law, without the City's prior written consent, which consent, shall not be unreasonably withheld.
4.4 Taxes and Assessments. Owner shall pay all real and personal property taxes,
assessments and charges and all franchise, income, employment, old age benefit, withholding,
sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to
prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided,
however, that Owner shall have the right to contest in good faith, any such taxes, assessments, or
charges. In the event Owner exercises its right to contest any tax, assessment, or charge against
it, Owner, on final determination of the proceeding or contest, shall immediately pay or discharge
any decision or judgment rendered against it, together with all costs, charges and interest.
4.5 Nondiscrimination. All of the Units shall be available for occupancy on a
continuous basis to members of the general public who are income eligible. Owner shall not give
preference to any particular class or group of persons in renting or selling the Units, except to the
extent that the Units are required to be leased to Very Low Income Households, Low Income
Households and Moderate Income Households or to Carlsbad Redevelopment Agency or City
displacees pursuant to Section 4.6 below. There shall be no discrimination against or segregation
of any person or group of persons, on account of race, color, creed, religion, sex, sexual
orientation, marital status, national origin, or ancestry, in the leasing, subleasing, transferring,
use, occupancy, tenure, or enjoyment of any Unit nor shall Owner or any person claiming under
or through the Owner, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of
persons for the operation and management of the Development. All deeds, leases or contracts
made or entered into by Owner as to the Units or the Development or portion thereof, shall
contain covenants concerning discrimination as prescribed by the Loan Agreement.
4.6 Preference to Displacees. Owner shall give a preference in the rental of any Units
to eligible households displaced by activity of the Carlsbad Redevelopment Agency or the City
upon receiving a written request of the Agency or the City regarding such displacement.
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ARTICLE 5
PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities. The Owner is responsible for all management
functions with respect to the Development, including without limitation the selection of tenants,
certification and recertification of household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital
items, and security. The City and the Agency shall have no responsibility over management of
the Development. The Owner shall retain a professional property management company
approved by the City in its reasonable discretion to perform its management duties hereunder,
unless the Owner demonstrates to the City that it has the capacity to self-manage the
Development and receives written City approval for self-management. A resident manager shall
also be required, selection of whom shall be at the discretion of the Owner.
5.2 Management Agent; Periodic Reports. The Development shall at all times be
managed by an experienced management agent reasonably acceptable to the City, with
demonstrated ability to operate residential facilities like the Development in a manner that will
provide decent, safe, and sanitary housing (as approved, the "Management Agent"). The Owner
shall submit for the City's approval the identity of any proposed Management Agent. The Owner
shall also submit such additional information about the background, experience and financial
condition of any proposed Management Agent as is reasonably necessary for the City to
determine whether the proposed Management Agent meets the standard for a qualified
Management Agent set forth above. If the proposed Management Agent meets the standard for a
qualified Management Agent set forth above, the City shall approve the proposed Management
Agent by notifying the Owner in writing. Unless the proposed Management Agent is
disapproved by the City within thirty (30) days, which disapproval shall state with reasonable
specificity the basis for disapproval, it shall be deemed approved. The City herby approves
Mercy Services Corp. as the initial Management Agent.
5.3 Performance Review. The City reserves the right to conduct an annual (or more
frequently, if deemed necessary by the City) review of the management practices and financial
status of the Development. The purpose of each periodic review will be to enable the City to
determine if the Development is being operated and managed in accordance with the
requirements and standards of this Agreement. The Owner shall cooperate with the City in such
reviews.
5.4 Replacement of Management Agent. If, as a result of a periodic review, the City
determines in its reasonable judgement that the Development is not being operated and managed
in accordance with any of the material requirements and standards of this Agreement, the City
shall deliver notice to Owner of its intention to cause replacement of the Management Agent,
including the reasons therefor. Within fifteen (15) days of receipt by Owner of such written
notice, City staff and the Owner shall meet in good faith to consider methods for improving the
8
financial and operating status of the Development, including, without limitation, replacement of
the Management Agent.
If, after such meeting, City staff recommends in writing the replacement of the
Management Agent, Owner shall, as promptly as Owner’s agreements with senior lien holders
allow, dismiss the then Management Agent, and shall appoint as the Management Agent a person
or entity meeting the standards for a Management Agent set forth in Section 5.2 above and
approved by the City pursuant to Section 5.2 above.
Any contract for the operation or management of the Development entered into by Owner
shall provide that the contract can be terminated as set forth above. Failure to remove the
Management Agent in accordance with the provisions of this Section shall constitute default
under this Agreement, and the City may enforce this provision through legal proceedings as
specified in Section 6.3.
5.5 Approval of Management Policies. The Owner shall submit its written
management policies with respect to the Development to the City for its review, and shall amend
such policies in any way reasonably necessary to ensure that such policies comply with the
provisions of this Agreement.
5.6 Property Maintenance. The Owner agrees, for the entire Term of this Agreement,
to maintain all interior and exterior improvements, including landscaping, on the Property in
good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with
all applicable laws, kules, ordinances, orders and regulations of all federal, state, county,
municipal, and other governmental agencies and bodies having or claiming jurisdiction and all
their respective departments, bureaus, and officials.
The City places prime importance on quality maintenance to protect its investment and to
ensure that all City-assisted affordable housing projects within the City are not allowed to
deteriorate due to below-average maintenance. Normal wear and tear of the Development will be
acceptable to the City assuming the Owner agrees to provide all necessary improvements to
assure the Development is maintained in good condition. The Owner shall make all repairs and
replacements necessary to keep the improvements in good condition and repair.
In the event that the Owner breaches any of the covenants contained in this section and
such default continues for a period of five (5) business days after written notice from the City
with respect to graffiti, debris, and waste material, or thirty (30) days after written notice with
respect to general maintenance, landscaping and building improvements, (and subject to any
stricter requirements included in any applicable City ordinance) then the City, in addition to
whatever other remedy it may have at law or in equity, shall have the right to enter upon the
Property and perform or cause to be performed all such acts and work necessary to cure the
default. Pursuant to such right of entry, the City shall be permitted (but is not required) to enter
upon the Property subject to tenant rights and perform all acts and work necessary to protect,
maintain, and preserve the improvements and landscaped areas on the Property, and to attach a
lien on the Property, or to assess the Property, in the amount of the reasonable expenditures
9
arising from such acts and work of protection, maintenance, and preservation by the City and/or
costs of such cure, including an administrative charge equal to ten percent (10%) of such
expenditures, which amount shall be promptly paid by the Owner to the City upon demand.
ARTICLE 6
MISCELLANEOUS
6.1 Term. The provisions of this Agreement shall apply to the Property for the entire
Term even if the entire Loan is paid in full prior to the end of the Term. This Agreement shall
bind any successor, heir or assign of Owner, whether a change in interest occurs voluntarily or
involuntarily, by operation of law or otherwise, except as expressly released by the City. The
City makes the Loan on the condition, and in consideration of, this provision, and would not do
so otherwise.
6.2 Covenants to Run With the Land. The City and the Owner hereby declare their
express intent that the covenants and restrictions set forth in this Agreement shall run with the
land, and shall bind all successors in title to the Property, provided, however, that on the
expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and
every contract, deed or other instrument hereafter executed covering or conveying the Property or
any portion thereof shall be held conclusively to have been executed, delivered and accepted
subject to such covenants and restrictions, regardless of whether such covenants or restrictions
are set forth in such contract, deed or other instrument, unless the City expressly release such
conveyed portion of the Property from the requirements of this Agreement.
6.3 Enforcement by the City. If Owner fails to perform any obligation under this
Agreement, and fails to cure the default within 30 days after the City has notified the Owner in
writing of the default or, if the default cannot be cured within 30 days, failed to commence to
cure within 30 days and thereafter diligently pursue such cure to completion within ninety (90)
days (and subject also to the notice and cure rights of the limited partner of Owner set forth in
Section 7.1(1) of the Loan Agreement), the City shall have the right to enforce this Agreement by
any or all of the following actions, or any other remedy provided by law:
(a) Calling the Loan. The City may declare a default under the Note,
accelerate the indebtedness evidenced by the Note, and proceed with foreclosure under the Deed
of Trust.
(b) action at law or in equity to compel Owner's performance of its obligations under this
Agreement, and/or for damages.
Action to Compel Performance or for Damages. The City may bring an
9 9 '1 Q
(c) Remedies Provided Under Loan Agreement. The City may exercise any
other remedy provided under the Loan Agreement.
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6.4 Attorneys Fees and Costs. In any action brought to enforce this Agreement, the
prevailing party shall be entitled to all reasonable costs and expenses of suit, including
reasonable attorneys' fees. This section shall be interpreted in accordance with California Civil
Code Section 1717 and judicial decisions interpreting that statute.
6.5 Recording and Filing. The City and the Owner shall cause this Agreement, and all
amendments and supplements to it, to be recorded against the Property in the Official Records of
the County of San Diego.
6.6
California.
Governing Law. This Agreement shall be governed by the laws of the State of
6.7 Amendments. This Agreement may be amended only by a written instrument
executed by all the parties hereto or their successors in title, and duly recorded in the real
property records of the County of San Diego, California.
6.8 Notice. All notices given or certificates delivered under this Agreement shall be
deemed received on the delivery or refusal date shown on the delivery receipt, if (i) personally
delivered by a commercial service which furnishes signed receipts of delivery or (ii) mailed by
certified mail, return receipt requested, postage prepaid, addressed as shown on the signature
page. Any of the parties may, by notice given hereunder, designate any further or different
addresses to which subsequent notices, certificates or communications shall be sent.
6.9 Severability. If any provision of this Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions of this
Agreement shall not in any way be affected or impaired thereby.
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IN WITNESS WHEREOF, the City and the Owner have executed this Agreement by duly
authorized representatives, all on the date first written above.
OWNER CITY
CIC Calavera, L.P., a California limited partership
By: Pacific Southwest Community Development
Corporation, a California nonprofit public benefit
corporation
Its: Managing General Partner
CITY OF CARLSBAD,
9 9 1 2
By:
Name: Brian F. Biber
Title: Executive Director
CITY CLERK
By: CIC Calavera Hills II, LLC, a California limited
of execution by Developer must be attached.
, 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:
ASSISTANT CRY ATTORNEY
12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } SS.
County of %J DW State of California 1
County of %J DW 1 ss.
b VJTR
a e and Title of Officer (e g , "Jane Doe, Notary Public") On b 1 ie! 09 , before me, -Ta&
personally appeared R~\l/hol~b Phcs~ Name@) of Signer@)
personally known to me
proved 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.
Place Notary Seal Above
WITNESS my hand and official seal.
0 PTIO NA L
on below is not required by law, it may prove valuable to persons relying on the document
Title or Type of Doc
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 Gen
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Signer Is Representing:
0 1997 National Notary Association 9350 De Soto Ave , PO Box 2402 Chatsworth, CA 91313-2402 Prod No 5907 Reorder Call
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GOVERNMENT CODE 27361.7
I CERTlFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
1 4
c Commission Number: '" ' 7 Date Commission Expires:
County Where Bond is Filed: -
Manufacturer or Vendor Number: mrhiA l
(Located on both sides of the notary seal border)
G, -/3 433 Place of Execution: Date:
=
STATE OF CALIFORNIA )
2003 before me, the undersigned, a Notary Public, personally appeared
personally known to me (or-pww&mnlb UII ~~EIx&- s of
person(s) whose name(s) idare 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 hishedtheir 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.
@!6Jk?&LL&-& w-,
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
6
Commission Number: / AfD211 s Date Commission Expires: 2-Zq-07
County Where Bond is Filed: s aq >;a, 0
Manufacturer or Vendor Number:
(Located on both sides of the notary seal border)
Signature: c9T& L FATh - r Firm hame (if applicable)
-
Place of Execution: Date: &- 13-03
Rec. Form lRlO (Rw. 7196)
STATE OF CALIFORNIA )
I On 0 \o - , 2003 before me, the undersigned, a Notary Public, personally appeared
-- , personally known to me (h
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 hishedtheir
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.
Oa x
EXHIBIT A
(Legal Description of Property)
THE LAND REFERRED TO HEMIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP NO. 19252, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA7 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 2003 AS FILE NO.
2003-0665946 OF OFFICIAL RECORDS.