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Home My WebLink AboutCT 83-23; Gilbert, Richard T and Marcella; 86-037202; Deed Restriction86-037202 *e f, L 11886 0 < ,' XECORDING REQUESTED BY: 1 1 WHEN RECORDED MAIL TO: 1 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 Space above for recorder City of Carlsbad 1 pg: #i;;i& CI 1 AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This agreement is made and entered into this &)&~g d of J-* rrYARl IJ , 1986 by and between the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "Carlsbad" and Richard T. Gilbert and Marcella D. Gilbert, husband and wife, hereinafter referred to as "applicant." RECITALS A. Applicant is the owner of certain real property located at Laguna Drive, in the City of Carlsbad, County of Sal Diego, State of California more particularly described in Exhibit "A" , attached hereto and incorporated by this reference B. The applicant applied to the Planning Commission c the City of Carlsbad for approval of a 22 unit Tentative Tract Map and Condominium Permit, designated and hereinafter referrec to as CT 83-23/CP-246, on the property described in Exhibit "A" C. In CT 83-23/CP-246, the applicant requested approt of a density of 23.9 dwelling units per acre, crreater than the General Plan range, under the provisions of Government Code e L 1887 e .. Section 65915 which states that if an applicant agrees to construct 25% of the units in a development for persons of low moderate income that he can be awarded a density bonus. -. D. Pursuant to the provisions of recital "C" above, i for the mutual benefit of the applicant and Carlsbad, the Planning Commission of the City of Carlsbad, by its Resolution No. 2227 of December 14, 1983, conditioned the approval of CT I 23/CP-246 on the execution of this agreement and established ti four of the units to be constructed would be available at an affordable cost to persons or families of low or medium income The condition provided: "Prior to approval of the final map for this project 4 applicants/subdividers shall enter into an agreement with the City establishing that four of the dwelling units constructed pursuant to this approval shall be available at an affordable cost only to persons or families of low or moderate income as defined in Sect: remain available at an affordable cost to such person: or families for a period of twenty years from the datc of initial occupancy of project. The agreement shall implemented by appropriate restrictions or servitudes imposed upon the land. The applicant and the homeown( association shall be responsible for enforcing the provisions of the agreement. The City shall also have the right but not the obligation to enforce the provisions of the agreement. The agreement and restrictions or servitudes shaii be approved by the C: Council prior to approval of the final map. If the City Council adopts a city wide policy for implementation of the provisions of Section 65915 et seq of the Government Code, the provisions of this condition shall be deemed satisfied if the applicant complies with that policy." E. Carlsbad desires to ensure the continued 50093 of the Health and Safety Code. The units shall availability of twenty five percent of the dwelling units of tl project for persons or families of low or moderate income and -2- 0 l.' 1888 e .. has determined that to ensure availability for the time period specified in this agreement, it is necessary that four of the units shall be rental units for the time period specified in t\ agreement. 7. E. without the execution OE this agreement the City Council would be unwilling to grant approval of the final map this project. NOW, THEREFORE, in consideration of the recitals and ( Carlsbad's approval of the final map and of the benefit confer] thereby upon the subject real property it is hereby agreed as follows: 1. Definitions - whenever the following words or phrases appear in this agreement they shall have the meaning established by this section. a. "Qualified Person or Family" or "Person or Family of Low or Moderate Income" shall mean persons and families whose income does not exceed 80% of the area nedian income adjusted for family size pursuant to the provisions of Section 50093 of the State Health and Safety Code. Qualifications shall be verified by the Carisbad iioixing Authority. b. "Established Rent" shall mean the maximum monthly rent established for a restricted unit by the Director Building and Planning. Established rents may vary based on the income level, family size of the qualified person or family, an -3- L. 1889 e upon the size of the restricted unit. Established rents shall affordable to qualified persons or families. c. "Restricted Unit" means a dwelling unit in the project which is occupied by or available for rent to a qualif: person or family. d. "Area Median Income" means the median househo: income for San Diego County or the equivalent geographic area ; annually established by the Federal Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. In the event that such determinations by the Department of Housing and Urban Development are discontinuc the area median income shall be that median household income established and published by the Department of Housing and Community Development of the State of California pursuant to Health and Safety Code Section 50093, 2. Restrictions on the Project a. That for a period of twenty years from the dat of conveyance of any unit in the project four total dwelling units constructed shall be made available for rental to qualifi persons or families. Each restricted unit shall be rented at a established rent. Established rents shall be determined annual by the Carlsbad Director of Building and Planning. The applica may convey individual units in the project except that four of the units shall not be individually conveyed until expiration o twenty years from the date of construction of the project. The units may be conveyed as a group to a person or persons or enti -4- 0 c 1838 e who specifically agree to hold the units for rental purposes during the term of this agreement. During the twenty year per the four units shall be restricted units as specified in Sectic 2.b. of this agreement. Prior to the conveyance of the tenth unit in the project the applicant shall tentatively designate four restricted units. Prior to the conveyance of the eighteer unit the applicant shall record an amendment to this agreement specifically describing the restricted units. A note outliniry the restrictions of this agreement shall be included on the fir map for the project and in the deeds of the unrestricted units, b. The design and exterior appearance of the restricted units shall be compatible with the nonreserved units within the development and shall contain on average the same or larger number of bedrooms per reserved unit as the nonreserved units. The restricted units shall be constructed either prior to or simultaneodsly with the nonreserved units with the development. If the development is being constructed in phases the percentage of reserved units to be constructed in each phas shall be equivalent to the percentage of the total niirnber of nonreserved units being constructed in that phase. c. Applicant shall keep rental data for restricte units and qualified persons or families and shall submit annual rental data for the restricted units and qualified persons or families occupying the units to the Carlsbad Director of Buildii and Planning and the Housing Authority. At any time during the -5- , @ L l8YP e term of this agreement the Director of Building and Planning or the Housing Authority may inspect or audit the applicant's book for the project or the project itself to ensure performance of this agreement by applicant. 3. Carlsbad may assign all or any of its rights or obligations under this agreement to the Carlsbad Housing and Redevelopment Commission, but to no other public agency. 4. All notices required under this agreement shall be sent by certified mail, return receipt requested to the following address: To Applicant: Richard T. and Marcella D. Gilbert To Carlsbad: Attn: Director of Building and Planning 1200 Elm Avenue Carlsbad, California 92008-1989 5. The covenants, conditions and obligations containec herein shall run with the land and shall apply to and bind the heirs, successors and assigns of all parties hereto. This agreement shall be recorded. 6. This agreement constitutes the entire agreenen?t between the parties and no modification shall be binding unless reduced to writing, signed by the parties hereto. 7. All questions pertaining to the validity and interpretation of this agreement shall be determined in accordance with the law of California applicable to contracts made and to be performed within the State. -6- ._ EXFI3IT A 12-24-85 KNOWLES AVE -- - Lots 1 fapa6 inclusive in Block 13 OF Sunnv Slone Track accorc7incr Y &YYY Y m 1 ~ I' * ,. '. - .- 8. This agreement shall remain in full force and effect for twenty years from the issuance of the certificate of occupancy for the project unless sooner cancelled by the City Council after a noticed public hearing on the matter. 9, Applicant shall notify the Carlsbad Housing Authority of the availability of any restricted units. The Carlsbad Housing Authority may refer prospective tenants to applicant. All prospective tenants shall be qualified by the Housing Authority. The applicant shall rent restricted units only to persons and families qualified by the Housing Authority The applicant may, but is not obligated to, participate in any housing program offered by the Housing Authority. I C CITY OF CARLSBAD by : 7fk-L a2 by- c-r I &u;fL& /J, P ?\I 9 < JLQ; &-.&, // // APPLICANT: I :1 i x-[- . Richard T. GiIbert I * 1' 1 A < 5 # -7- I &. before me, the undersigned, a Notary Public in and for Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person@) whose name(s) Islare subscribed to the within Instrument and acknowledged I to me that helshelthey executed the same. phis area for official notarial seal) J____ r STATE OF CALIFORNIA ',t / COUNTY OF1 1 I? 4 . {,I fl A 'x 1, ii. (2, I ; e----- :$!& t executed it. WITNESS my hand and ACKNOWLEDGMENT-General-WOlCOnS Form 233CA-Rev 5-82 __-- - _lll ___^ ------ --=- - -- -.- -________I_ ----I- ~- 01982 WOLCOTTS INC (price class 8 21 - -I I I" - _.- L__--J --------- _________. ___s_l._l