HomeMy WebLinkAbout1981-05-26; Housing & Redevelopment Commission; Resolution 9b
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I ' RESOLUTION NO. 9 -
A RESOLUTION OF THE CARLSBAD HOUSING AND
REDEVELOPMENT COMMISSION APPROVING AGREEMENT
WITH SAN DIEGO COAST REGIONAL COMMISSION IM-
POSING RESTRICTIONS ON REAL PROPERTY-BEN STABILE
WHEREAS, the California Coastal Commission, the San Diego Coast RI
Commission, the California Department of Housing and Community Developj
Mr. Ben Stabile, have requested the Carlsbad Housing and Redevelopment
Commission to administer a housing affordablity program, and
WHEREAS, such program is required as a condition of approval of a
development approved by the San Diego Coast Regional Commission in Cer
No. F 7574.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Housing and Redeve
Commission as follows :
1. An agreement entitled "Agreement Imposing Restrictions on Re:
Property1' attached hereto and incorporated herein as though
setforth is hereby approved.
2. The Chairman of the Carlsbad Housing and Redevelopment Commi
hereby authorized and directed to execute said agreement on
the Carlsbad Housing and Redevelopment Commission.
PASSED, APPROVED AND ADOPTED, by the Carlsbad Housing and Redevt
Commission of the City of Carlsbad, at a regular meeting held on the
day of Play , 1981, by the following vote, to wit:
AYES : Conwissioners Packard, hear, Lewis and Kulchin
NOES: None
ABSENT: ~omzlissioner Casler ,- dgGdJdzi- ~ 0 e& /&-
(RONALD C. PACKARD, Chai
(Seal)
I < 0 0
RECORDING REQUESTED BY: 1 ASSESSOR PA~CEL NO.: 20+020-: 1
1. .
WEN RECORDED MAIL TO: 1 City of Carlsbad 1 1200 Elm Ave. 1 Carlsbad, CA 92008 .)
RTTN : 1
1 City Clerk 1 SPACE ABOVE FOR RECORDER'S USE
AGREEMENT I MPOS I NG RESTP, I CT I ONS
ON REAL PROPERTY
THIS AGREEMENT IS MADE BY AND BETWEEN THE SAN DIEGO COAST REGIONAL
Cof"IMrssioN (HEREINAFTER "REGIONAL COMMISSION") p THE CITY OF cmLs8m
HOUSING AND KEDEdELOPMENT DEPFIRT?*lENT (HEREINAFTER tlCoMrdrss ION") AND
BEN STABILE (HEREINAFTER llD~~~~~~~~llf, AS OF THIS
DAY OF , 1987 n
WHEREAS, DEVELOPER IS THE OWNER OF PROPERTY LOCATED AT THE SOUTH
. SIDE OF TAMARACK.AVENUE, BETWEEN GARFIELP STREET AND THE ATeiSF RAILROAD,
UPON WHICH A SINGLE FAMILY RESIDENCE WILL BE DEMOLISHED AND THREE
2-STORY BIJZLDINGS CONTAINING 10 UNITS WILL BE CONSTRUCTED; AND
WHEREAS, PURSUANT TO THE CALIFORNIA COASTAL ACT OF 7976 (PUBLIC
RESOURCES CODE 30000 ET SEQ.) t DEVELOPER HAS SOUGHT IN CONTROL NO . F757
A PERMIT FOR THE SAID CONVERSION; AND
WHEREAS, THE REGIONAL COMMISSION HAS DETERMINED TO ISSUE A PERMIT
FOR THIS DEVELOPMENT SUBJECT; TO CGNDITIONS WHICH ARE IMPOSED FOR THE
BENEFIT OF THE PUBLIC AND SURROUNDING LANDOWNERS, AND WITHOUT AGREEMEN'
.TO WHICH BY DEVELOPER, NO PERMIT COULD BE ISSUED; AND
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WHERE&, COMMISSION EAS BEEN REQUESTED BY DEVELOPER, THE CALIFORNIA
COASTAL COMMISSION (HEREINAFTER "COASTAL COMMISSION") , THE REGIONAL
. COMMISSION IN CONTROL No. F7574 AND CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY .DEVELOPMENT (HEREINAFTER DEPARTMENT'^) TO ADMINISTER
?HE AFFORDABILITY PROGRAM PROVIDED IN THIS AGREEMENT;
N!%! THEREFmE, IN CONSIDERATION OF THE ISSUANCE OF THE DEVELOPMENT
PERMIT AND OF THE BENEFIT CONFERRED THEREBY.ON THE SUBJECT PROPERTY,
DEVELOPER HEREBY COVENANTS AND AGREES WITH THE REGIONAL COMMISSIOF3 AND
0
THE COMHISSION TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS UPON
THE POSSESSION, USE AND ENJOYMENT'OF THE SUBJECT PROPERTY, WHICH TERMS,
CONDITIONS AND RESTRICTIONS SHALL BE ATTACHED TO AND BECOME A PART OF
THE DEED TO THE PROPERTY0
A. DEVELOPER AGREES AS FOLLOWS:
(1) TO RENT ONE (1) RENTAL UNIT (HEREINAFTER "AFFORDABLE
UNIT"), TO PERSON(S) EARNING NOT MORE THAN EIGHTY PERCENT (80%) OF
THE CURRENT ANNUAL MEDIAN INCOME FOR THE SAN DIEGO f'1ETROPOLITAN STA-
TISTICAL AREA, AS DEFINED BY THE !J.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD"), AS ADJUSTED FOR FAMILY SIZE0
(2) TO RENT THE AFFORDABLE UNIT:
(A) AT A MONTHLY RENTAL RATE EQUAL TO NOT MORE THAN
. TWENTY-FIVE PERCENT (25%) OF THE GROSS M0NTHj-Y INCOME OF A PERSON
EARNING EIGHTY PERC.ENT (80%) OF THE CURRENT ANNUAL MEDIAN INCOME FOR
THE SAN D IEGO METROPOL I TAN STATISTICAL AREA, AS DEFINED BY HUD, AS
ADJUSTED FOR FAMILY SIZE; OR
(2) -
i I'
<l <'
I e 0 (8) AT A MONTHLY RENTAL RATE EQUAL TO,THE CURRENT FAIR
MARKET RENT FOR eXIStING HOUSING ESTABLISHED BY HUD UNDER SECTION 8 OF
. THE HOUSING ACT OF 1927 ( u0S.c. : 1; PROVIDED, HOWEVER, SAID RATE
SHALL APPLY ONLY IN THE EVENT THE COMMISSION REFERS A PERSON TO THE
DEVELOPER PURSUANT TO PARAGRAPH B HEREOF AND ONLY WHILE SUCH PERSON IS
RECEIVING BENEFITS UNDER: SAID HOUSING ACT PURSUANT TO PARAGRAPH 8
HEREOF a
(3) TO NOTIFY THE COMMISSION IN WRITING OF RENTAL VACANCIES
OF THE AFFORDABLE UNIT0 -
..
(4) To RENT THE AFFORDABLE UNIT TO PERSONS REFERRED BY
THE COMMISSION, SUBJECT TO DEVELOPER APPROVING SAID PERSON(S)~ QUALI-
FICATIONS TO RENT THE AFFORDABLE UNIT INCLUDING BUT NOT LIMITED TO THE
'ABILITY AND HISTORY OF TIMELY PAYMENT OF RENT, ABILITY AND HISTORY OF
MAINTAINING PROPERTY; WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD,
(5) TO RENT THE AFFORDABLE UNIT PURSUANT TO THE TERMS AND
CONDITIONS OF THE FORM OF LEASE ATTACHED HERETO AS EXHIBIT BO
8. COMMISSION AGREES AS FOLLOWS: -
TO REFER PERSONS TO THE DEVELOPER FOR THE AFFORDABLE UNIT WHO
QUALIFY FOR THE BENEFITS UNDER SECTION 8 OF THE HOUSING ACT OF 1937,
C. GENERAL TERMS AND CONDITIONS:
'
(1) IN THE EVENT OF ANY 'CONTROVERSY, CLAIM OR DlSPUTE BE-
TWEEN THE PARTIES HERETO, ARISING OUT OF OR'RELATING TO THIS AGREEMENT
BREACH THEREOF, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM
THE LOSING PARTY REASONABLE EXPENSES, ATTORNEYS' FEES AND COSTS.
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I .. 0 (2) COMM~SSION MAY ASSIGN ALL OR PART OF THIS AGREEMENT TO
I
'ANY OTHER PUBLIC AGENCY UPON THIRTY (30) 'DAYS' WRITTEN NOTICE TO THE
.. DEVELOPER,,
' (3) 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 RE-
MAINING PORTSONS OF THIS AGREEMENT SHALL, NEVERTHELESS, BE AND REMAIN
IN FULL FORCE AND EFFECTm
e
(4) ALL NOTICES REQUIRED UNDER THIS. AGREEMENT SHALL BE SENT
BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED, TO THE FOLLOWING ADDRESSES:
To REGIONAL COMMISSION:
To COMMISSION:
SAN DIEGO COAST REGIONAL COMMISSIOr
673 MISSION GORGE ROAD, SUITE 220
SAN DIEGO, CALIFORNIA 92120
CARLSBAD HOUSING & REDEVELOPMENT Df
3096 HARDING STREET CARLSBAD, CALIFORNIA 92008
To DEVELOPER : BEN STAB I LE
6116 CAMINO LARGO SAN DIEGO, CALIFORNIA 92120
To COASTAL COMMISSION: CALIFORNIA COASTAL COMMISSION
631 HOWARD STREET
SAN FRANC I SCO, C AL I FORN I A 941 05
To DEPARTMENT: CALIFORNIA DEPARTMENT OF HOUSING
- AND COMMUNITY DEVELOPMENT
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 D
(5) AS BETWEEN COMMISSION AND DEVELOPER, DEVELOPER IS DEEME
TO ASSUME RESPONSIBILITY AND LIABILITY FOR, AND DEVELOPER SHALL INDEMNI
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(4)
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' AND HOLD HARMLESS COMMISSION AND ANY AND ALL OF ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE,
CHARGE OR EXPENSE, WHETHER DIRECT OR INDIRECT, .TO WHICH COMMISSION OR
SUCH OFFICERS, AGENTS, SERVANTS OR EMPLOYEES MAY BE PUT OR SUBJECTED,
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BY REASON OF ANY DAMAGE, LOSS OR INJURY OF ANY KIND OR NATURE WHATEVER
TO PERSONS OR PROPERTY CAUSED BY OR RESULTING FROM OR IN CONNECTION WIT)
ANY NEGLIGENT 4CT OR ACTION, OR ANY NEGLECT, OMISSION' OR FAILURE TO
ACT WHEN UNDER A DUTY TO ACT, ON THE PART OF DEVELOPER OR ANY OF HIS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR'SUBCONTRACTORS IN HIS OR.THEIR
0
PERFORMANCE HEREUNDER0
(6) THE COVENANTS AND CONDITIONS HEREIN CONTAINED SHALL
APPLY TO AND BIND THE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE PARTIES
HERETO D
(7) EN THE EVENT THE STANDARDS FOR ESTABLISHING THE MONTHLY
RENTAL RATE OF THE AFFORDABLE UNIT SET FORTH IN SUBPARAGRAPHS A. (2)(A)
(B) ABOVE CEASE TO EXIST, THE PARTIES SHALL SUBSTITUTE A SIMILAR STAND/
ESTABLISHED BY HUE OR ITS SUCCESSOR GOVERNMENTAL AGENCY. IF THE PARTIE
ARE UNABLE TO AGREE UPON A SUBSTITUTE STANDARD, THE PARTIES SHALL REFEf
THE CHOICE OF THE SUBSTITUTE STANDARD TO BINDING ARBITRATION IN ACCORD1
WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
(8) THE COMMISSIPN SHALL HAVE THE RIGHT TO TERMINATE ITS
. OBLIGATIONS UNDER TRIS AGREEMENT PRIOR TO THE DATE OF TERMINATION
HEREINAFTER SET FORTH, BY PROVIDING NOT LESS THAN SIX (6) MONTHS' PRIO
WRITTEN NOTICE TO DEVELOPER, THE COASTAL COMMISSION, THE REGIONAL COM-
MISSION AND THE DEPARTMENT. -FOR PURPOSES OF.THIS AGREEMENT* EACH OF
- (5)
I
I*
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+ I THE SAID AGEWiES IS HEREBY DEEMED A REPRESENTATIVE QF THE CLASS OF Pt
SONS TO BE BENEFITED UNDER THIS .AGREEMENT, AND IS FURTHER DEEMED TO BI
A THIRD PARTY BENEFICIARY OF THIS AGREEMENT*
(9) DEVELOPER AGREES NOT TO DISCRIMINATE AGAINST ANY LESS1
OR POTENTIAL LESSEE BECAUSE OF RACE, COLOR, RELIGION, SEX OR NATIONAL
ORIGINs DEVELOPER FURTHER AGREES TO TAKE AFFIRMATIVE ACTION TO ENSURI
THAT NO SUCH PERSON IS D ISCR IMINAT~D AGAINST a FOR ANY OF TH€ AFOREMENT
REASONS 0
(10) VIOLATION OF THIS AGREEMENT MAY BE ENJOINED, ABATED 01
REMEDIED BY APPROPRIATE LEGAL PROCEEDINGS BY COMMISSION, REGIONAL COM-
MISSION, COASTAL COMMISSION AND/OR DEPARTMENT OR THEIR RESPECTIVE SUO
CESSORS, HEIRS AND ASSIGNS. DAMAGES AT LAW FOR ANY SUCH VIOLATION ARI
HEREBY DECLARED TO BE INADEQUATED
(171 THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETLJE'
THE PARTIES AND NO MODIFICATION HEREOF SHALL BE BINDING UNLESS REDUCE!
TO WRITING AND SIGNED BY THE PARTIES HERETO.
(12) ALL QUESTIONS PERTAINING TO THE VALSDITY AND INTER-
PRETATION OF THIS AGREEMENT SHALL BE DETERMINED IN ACCORDANCE WITH
THE LAWS OF CALIFORNIA APPLICABLE TO CONTRACTS MADE AND TO BE PERFORM
WITHIN THE STATE.
D. TERM I NAT I ON:
THIS AGREEMENT SHALL TERMINATE ,AND BECOME NULL AND VOID THIRTY (3
YEARS FROM THE DATE OF RECORDATION HEREOF UNLESS'EARLIER TERMINATED
(6)
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PURSdANT TO ?HE PR.OVISIONS OF SUBPARAGR&PHS c, (8) AND/OR (11) ABOVEc
IN WITNESS 'tfHEREOF THE PARTIES,HERETO HAVE CAUSED THIS AGREEMENT TO
BE ENTERED INTO AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN-
SAN 'DIEGO COAST REGIONAL COMMISSION
BY:
0 ..
CARLSBAD HOUSING AND REDEVELOPMENT -i
-.
(7) . ' '
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