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HomeMy WebLinkAbout1981-05-26; Housing & Redevelopment Commission; N/A; Restrictions On Ben Stabile PropertyTITLE: ”- RESOLUTION APPROVING AGREEMENT WITH SAN DIEGO COAST REGIONAL COMNISSION IMPOSING RESTRICTIONS ON REAL PROPERTY- BEN STABILE ”_ INITIATE5 DY: Housing and Redevelopment Mr. Ben Stabile is proposing to develop a ten (IO) unit apartment complex on the southside of Tamarack Avenue, between Garfield and the ATS&F Railroad right-of-way. The Coast Regional Commission as a condition of approval has required Mr. Stabile to enter into an agreement pledging one (1) unit to “affordable” housing. In order to proceed Mr. Stabile must agree to rent one (1) unit through the Hausing and Redevelopment Commission to persons: a) earning less than 80% of the median income at a rate not exceeding 25% of their income, or b) eligible for Section 8 Housing Assistance payments at the rates in effect for the program. This is the first such agreement proposed to the Commission. The Commission’s obligation under within the existing Section 8 operation. the agreement is to refer applicants to the developer as vacancies This can be done The term of the agreement is for thirty (30) years unless modified or terminated by six (6) months notice. Approval will credit one unit to the City’s Housing obligation. - ATTACHED: x Resolution Ordinance X Agreements I, Plat ~KiTbedE~Oiii-~iitlie Section 8 program. FINANC1AL. STATEMENT : No additional costs will be incurred in this program since applicants C0”IS-J. c: f)V,.nOARD ~ RECI:F?FIEh!T)ATiON: ”” The Housing and Redevelopment Advisory Committee has revlewedthe proposal and recommends approval. __ RECOMMENDATION: -- Commission should approve agreement by adopting Resolution No. 9 . APPROVED’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9 A RESOLUTION OF THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION APPROVING AGREEMENT POSING RESTRICTIONS ON REAL PROPERTY-BEN STABILE WITH SAN DIEGO COAST REGIONAL COMMISSION IM- WHEREAS, the California Coastal Commission, the San Diego Coast Regional :ommission, the California Department of Housing and Community Development and IT. Ben Stabile, have requested the Carlsbad Housing and Redevelopment :ommission to administer a housing affordablity program, and WHEREAS, such program is required as a condition of approval of a levelopment approved by the San Diego Coast Regional Commission in Centra1 80. F 7574; NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Housing and Redevelopment :ommission as follows: 1. An agreement entitled "Agreement Imposing Restrictions on Real Property" attached hereto and incorporated herein as though fully setforth is hereby approved. 2. The Chairman of the Carlsbad Housing and Redevelopment Commission is hereby authorized and directed to execute said agreement on behalf of the Carlsbad Housing and Redevelopment Commission. PASSED, APPROVED AND ADOPTED, by the Carlsbad Housing and Redevelopment :ommission of the City of Carlsbad, at a regular meeting held on the 26th , iay of by , 1981, by the following vote, to wit: AYES: Cdssioners Packard, hear, Layis and Kulchin NOES: None ABSENT: Cdssioner Casler RONALD C. PACKARD, Chairman (Seal) - ASSESSOR PARCEL No.: 206-020-31 RECWDING REQUESTED BY: ) 1 WHEN RECORDED MAIL TO: 1 1 1 AlTN : 1 1 SPACE ABOVE FOR RECORDER'S USE AGREEMENT IMPOSING RESTRICTIONS ON REA1 PROPERTY THIS AGREEMENT IS MADE BY AND BETWEEN THE SAN DIEGO COAST REGIONAL COMMISSiON (HEREINAFTER "REGIONAL COMMISSION"), THE CITY OF CARLSBPD HOUSING AND REDEJELOPMENT DEPARTMENT (HEREINAFTER "COMM15SIDN") AND .. BEN STABILE (HEREINAFTER "DEVELOPER"), AS OF THIS DAY OF , 1981 a WHEREAS, DEVELOPER IS THE OWNER OF PROPERTY LOCATED AT THE SOUTH SIDE OF TAMARACK AVENUE, BETWEEN GARFIELO STREET AND THE AT&SF RAILROAD, UPON WHICH A SINGLE FAMILY RESIDENCE WILL BE DEMOLISHED AND THREE %STORY BUILDINGS CONTAINING 10 UNITS WILL BE CONSTRUCTED; AND WHEREAS, PURSUANT TO THE CALIFORNIA COASTAL ACT OF 1976 (PUBLIC I RESOURCES CODE 30000 ET SEQ.), DEVELOPER HAS SOUGHT IN CONTROL NO. F7574 A PERMIT FOR THE SAID CONVERSION; AND WHEREAS, THE REGIONAL COMMISSION HAS DETERMINED TO ISSUE A PERMIT FOR THIS DEVELOPMENT SUBJECT TO CONDITIONS WHICH ARE IMPOSED FOR THE BENEFIT OF THE PUBLIC AND SURROUNDING LANDOWNERS, AND WITHOUT AGREEMENT TO WHICH BY DEVELOPER, NO PERMIT COULD BE ISSUED; AN0 - WHEREAS, COMMISSION HAS 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; NW THEREFORE, IN CONSIDERATION OF THE :SSUANCE OF THE DEVELOPMENT PERMIT AND OF THE BENEFIT CONFERRED THEREBY ON THE SUBJECT PROPERTY, DEVELOPER HEREBY COVENANTS AND AGREES WITH THE REGIONAL COMMISSION AND THE COMflISSION TO THE FOLLOWINO TERMS, CONDITIONS AND RESTRICTIONS UPON THE POSSESSION, USE AND ENJOYMENT OF THE SJBJECT PROPERTY, WHICH TERMS, CONDITIONS AN0 RESTRICTIONS SHALL BE ATTACHED TO AND BECOME A PART OF THE DEED TO THE PROPERTY. 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 METROPOLITAN STA- TISTICAL AREA, AS DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HW"), AS ADJUSTED FOR FAMILY SIZE. (2) TO RENT THE AFFORDABLE UNIT: (A) AT A MONTHLY RENTAL RATE EQUAL TO NOT MORE THAN TWENTY-FIVE PERCENT (25%) OF THE GROSS MONTHLY INCOME OF A PERSON EARNING EIGHTY PERCENT (80%) OF THE CURRENT ANNUAL MEDIAN INCOME FOR THE SAN DIEGO METROPOLITAN STATISTICAL AREA, AS DEFINED BY HUD, AS ADJUSTED FOR FAMILY SIZE; OR j (8) HT 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 ( urns&. ); 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 B HEREOF. (3) TO NOTIFY THE COMMISSION IN WRITING OF RENTAL VACANCIES OF THE AFFORDABLE UNIT.. - (4) TO RENT THE AFFORDABLE UNIT TO PERSONS REFERRED BY THE COMMISSION, SUBJECT TO DEVELOPER APPROVING SAID PERSON(5)' 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 B. * 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 DISPUTE BE- TWEEN THE PARTIES HERETO, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR BREACH THEREOF, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE LOSING PARTY REASONABLE EXPENSES, ATTORNEYS' FEES AND COSTS. (3) 'I j (2) COMl-,rSSION MAY ASSIGN ALL OR PART Or THIS AGREEMENT TO 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 PORTIONS OF THIS AGREEMENT SHALL, NEVERTHELESS, BE AND REMAIN IN FULL FORCE AN0 EFFECT. (4) ALL NOTICES REQUIRED UNDER THIS AGREEMENT SHALL BE SENT BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED, TO THE FOLLOWING ADDRESSES: To REGIONAL COMMISSION: SAN DIEGO COAST REGIONAL COMMISSION SAN DIEGO, CALIFORNIA 92120 6154 MISSION GORGE ROAD, SUITE 220 To COMMISSION: To DEVELOPER: To COASTAL COMMISSION: To DEPARTMENT: CARLSBAD HOUSING & REDEVELOPMENT DEPT. 3096 HARDING STREET CARLSBAD, CALIFORNIA 92008 BEN STABILE 6116 CAMINO LARGO SAN DIEGO, CALIFORNIA 92120 CALIFORNIA COASTAL COMMISSION 631 HOWARD STREET SAN FRANCISCO, CALIFORNIA 94105 CALIFORNIA DEPARTMENT OF HOUSING AN0 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. (5) AS BETWEEN COMMISSION AN0 DEVELOPER, DEVELOPER IS DEEMED TO ASSUME RESPONSIBILITY AND LIABILITY FOR, AND DEVELOPER SHALL INDEMNIFY 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, BY REASON OF ANY DAMAGE, LOSS OR INJURY OF ANY KINO OR NATURE WHATEVER TO PERSONS OR PROPERTY CAUSED BY OR RESULTING FROM OR IN CONNECTION WITH ANY NEGLIGENT ACT 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 *SU~CONTRACTORS IN HIS OR THEIR PERFORMANCE HEREUNDER. (6) THE COVENANTS AND CONDITIONS HEREIN CONTAINED SHALL APPLY TO AN0 BIND THE HEIRS, SUCCESSORS AN0 ASSIGNS OF ALL THE PARTIES HERETO. (7) IN THE EVENT THE STANDARDS FOR ESTABLISHING THE MONTHLY RENTAL RATE OF THE AFFORDABLE UNIT SET FORTH IN SUBPARAGRAPHS A. (Z)(A) AND (8) ABOVE CEASE TO EXIST, THE PARTIES SHALL SUBSTITUTE A SIMILAR STANDARR ESTABLISHED BY HUD OR ITS SUCCESSOR GOVERNMENTAL AGENCY. IF THE PARTIES ARE UNABLE TO AGREE UPON A SUBSTITUTE STANDARD, THE PARTIES SHALL REFER THE CHOICE OF THE SUBSTITUTE STANDARD TO BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. (8) THE COMMISSION SHALL HAVE THE RIGHT TO TERMINATE ITS OBLIGATIONS UNDER THIS AGREEMENT PRIOR TO THE DATE OF TERMINATION HEREINAFTER SET FORTH, BY PROVIDING NOT LESS THAN SIX (6) MONTHS' PRIOR WRITTEN NOTICE TO DEVELOPER, THE COASTAL COMMISSION, THE REGIONAL COM- MISSION AND THE DEPARTMENT. FOR PURPOSES OF THIS AGREEMENT, EACH OF (5) I I. THE SAID AGENCIES IS HEREBY DEEMED H REPRESENTATIVE OF THE CLASS OF PER- SONS TO BE BENEFITED UNDER THIS AGREEMENT, AND IS FURTHER DEEMED TO BE A THIRD PARTY BENEFICIARY OF THIS AGREEMENT. (9) DEVELOPER AGREES NOT TD DISCRIMINATE AGAINST ANY LESSEE OR POTENTIAL LESSEE BECAUSE OF RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN. DEVELOPER FURTHER AGREES TO TAKE AFFIRMATIVE ACTION TO ENSURE THAT NO SUCH PERSON IS DISCRIMINATED AGAINST FOR ANY OF THE AFOREMENTIONED REASONS. (10) VIOLATION OF THIS AGREEMENT MAY BE ENJOINED, ABATED OR REMEDIED BY APPROPRIATE LEGAL PROCEEDINGS BY COMMISSION, REGIONAL COM- MISSION, COASTAL COMMISSION AND/OR DEPARTMENT OR THEIR RESPECTIVE SUC- CESSORS, HEIRS AND ASSIGNS. DAMAGES AT LAW FOR ANY SUCH VIOLATION ARE HEREBY DECLARED TO BE INADEQUATE. (11) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND NO MODIFICATION HEREOF SHALL BE BINDING UNLESS REDUCED TO WRITING AND SIGNED BY THE PARTIES HERETO. (12) ALL QUESTIONS PERTAINING TO THE VALfDITY AND INTER- PRETATION OF THIS AGREEMENT SHALL BE DETERMINED IN ACCORDANCE WITH THE LAWS OF CALIFORNIA APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED WITHIN THE STATE. D. TERMINATION: THIS AGREEMENT SHALL TERMINATE AND BECOME NULL AND VOID THIRTY (30) YEARS FROM THE DATE OF RECORDATION HEREOF UNLESS EARLIER TERMINATED ” - PURSUANT TO THE PROVISIONS OF SUBPARAGRAPHS c. (8) AND/OR (11) ABOVE. IN WITNESS WMREOF 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: CARLSSAO HOUSING AND REDEVELOPMENT .. BY: DEVELOPER BY: