HomeMy WebLinkAboutPD 232; ; 84-178529; Deed RestrictionEM-in3529 -.
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‘RECORDING REQUESTED BY: I oi st..~‘LIi& cctpi j .f, iA, 1
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City of Carlsbad ; i- c&J;j! ':' :':,:':;! ,': :, , -- .__,! 1200 Elm Avenue No FEE Carlsbad, California 92008 )- space above for recorder's use --
AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY
This agreement is made and entered into this && day of
ApR/ , 1983 by and between the City of Carlsbad,
California, a municipal corporation, hereinafter referred to as
"Carlsbad" and John R. Pautsch, hereinafter referred to as
"applicant."
RECITALS
A. Applicant is the owner of certain real property
located at 336 and 372 Pine Avenue in the City of Carlsbad, County
of San Diego, State of California more particularly described on
Exhibit A attached hereto and incorporated by this reference.
B. Applicant has filed an application for a General Plan
Amendment from RH to RVH (GPA/LU 83-20), a zone change from R-3
to RD-H (ZC-297) and a site development plan for a SO unit
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apartment project at a density of 33.5 dwelling units per acre
(SDP-83-10) (hereinafter referred to as "project") for the real
property referred to above. The applications are collectively
referred to hereinafter as the "application". A .density of 33.5
dwelling units per acre is requested in order to assist Carlsbad
in achieving the goals established by the Housing Element of the
General Plan. To achieve those goals the project must be
available for rental for the period stated herein. Without the
rental restrictions Carlsbad would not approve the project.
c. In order to induce the City to approve the
application and in a desire to comply with the provisions of
Chapter 21.23 of the Carlsbad Municipal Code and with California
Health and Safety Code section 55093 applicant desires to provide
that thirteen of tne dwelling units in the project will be
available to persons and families of low to moderate income for a
period of ten years and that the entire project be available for
rental for a period of ten years.
D. Carlsbad desires to ensure the continued
availability of thirteen of the dwelling units of the project for
persons or families of low or moderate income and to ensure that
the project will be available for rental for the time period
specified in this agreement.
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E. In order to ensure the continued availability of this
project as a rental project and the continued availability of
thirteen of the units for persons and families of low and moderate
income the City Council of the City of Carlsbad has required
execution of this agreement concurrently with their approval of the
application. Without the execution of this agreement the City
Council would be unwilling to grant approval of the application.
NOW, THEREFORE, in consideration of the recitals and of
Carlsbad's approval of the application and of the benefit conferred
thereby upon the subject real property and the applicaton 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 90% of the area median 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 Carlsbad Housing Authority.
b. "Established Rent" shall mean the maximum monthly
rent established for each restricted unit by the Director of
Building and Planning. Established rents may vary based on the
income level, family size.of the qualified person or family
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and upon the size of the restricted unit. Established rents
shall be affordable to qualified persons or families. Rent shall
be deemed affordable if it does not exceed twenty five percent of
the median monthly gross income of the qualified persons or
families. In determining established rents the Director of
Building and Planning shall base the determination solely upon
the latest affordable rent schedule proposed by HUD as defined in
this agreement provided, however, that the established rents
shall not exceed the prevailing fair market rent for comparable
units in the area. Established rents shall be determined
annually.
c. "Restricted Unit" means a dwelling unit in the
project which is occupied by or available for rent to a qualified
person or faixly.
i. "Affordable Rent Schedule" means the affordable
rents for mEd;an household income for San Diego County or the
equivalent geographic area as annually established by the Federal
Department of Housing and Urban Development (HUD) pursuant to
Section 8 of the United States Housing Act of 1937. In the event
that such determinations on schedules by the Department of
Housing and Urban Development are discontinued the rent shall be
set at twenty five percent of the monthly area 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 for the family size
occupying the unit. The HUD income ranges and corresponding
affordable rents for July 1983 are attached as Exhibit B.
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2. Restrictions on the Project
a. That for a period of ten years from the date of
issuance of the certificate of occupancy for the project all
units in the project shall be available for rental-. If applicant
submits an application for such conversion at any time during the
ten year period approval or conditional approval of such
conversion shall be subject to a condition that for the remainder
of the ten year period for rental the applicant shall not convey
individual units in the project.
b. That for a period of ten years from the date of
occupancy of the project any thirteen of the dwelling units
constructed shall be made available for rental to qualified
persons or families. Each restricted unit shall be rented at an
established rent.
C. The design and exterior appearance of the
reserved units shall be compatible with the nonreserved units
within the development in varying locations on the site.
The reserved units shall be constructed either prior
to or simultaneously 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 phase
shall be equivalent to the percentage of the total number of
nonreserved units being constructed in that phase.
d. Applicant shall keep rental data for restricted
units and qualified persons or families and shall submit annual
rental data for the restricted units and qualified persons or
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1380
families occupying the units to the Carlsbad Director of Building
and Planning and the Housing Authority. During the term of this
agreement the Director of Building and Planning or the Housing
Authority may inspect or audit the applicant's books for the
project semi-annually to ensure performance of this agreement by
applicant. At any time, upon reasonable advance notice to the
applicant, the Director of Building and Planning or the Housing
Authority may inspect the project to ensure performance of this
agreement.
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: John R. Pautsch 2204 Waterfront Drive Corona De1 Mar, California 92625
To Carlsbad: Attn: Director of Building and Planning 1200 Elm Avenue \
Carlsbad, California 92008
5. The covenants, conditions and obligations contained
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.
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6. This agreement constitutes the entire agreement
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.
a. This agreement shall remain in full force and effect
for ten years from the issuance of the cerfiticate 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
7 Authority may-refer prospective tenants to applicant, The
. Applicant mayl but is not obligated to, participate in any housing
program offered by the Housing Authority.
CITY OF CARLSBAD
. Byg:
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CORPORATE ACKNOWLEDGMENT ezL!cL NO. 202
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State of Cal ) On this theaday of 19x, before me,
County of san Die5f0 KarenR.Stevas I
the undersigned Notary Public, personally appeared
KAREN R. STEVENS
Notary Public - l%omb
MAHy Ha =-JJJR ******f*************t****t*********
,
q personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as Mayor #on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills. CA 913
STATE OF CALIFORNIA
said State, personally appeared
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person&) whose name&@en%ub-
scribed to the within instrument and acknowledged to me that
a- executed the same.
WITNESS my hand and official seal.
Signature (This area for official notarial seal)
WRITE &DON'T SAY rf INTER-DEPARTMENT MEMuRANDUM I i
i I A. M.
TO File DATE 3-14- I@4 P. M.
Original Agreemnt given to Paul Klukas this date to return to Mr. Pautsch to have his signatured notarized.
K.
REPLY ON THIS SHEET FROM
WlLMER ‘5ER”lCC uyr ST*NDARD lNTER DEPT. MEMO FORM I1 --24--PD