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HomeMy WebLinkAboutCT 16-02; Carlsbad 17 LP; 2020-0537226; Affordable Housing Agreement/Releaseqy DOC# 2020-0537226 10111E11d 1111110 111111 11111 11111 1111111111 11111 lilt I lilt lilt Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 Sep 14, 2020 03:29 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENTv2 (Purchase of Credits) THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this 1-* day of Aug ;144 , 2020, by and between the CITY OF CARLSBAD, a municipal corporation ("City")Jand Carlsbad 17, LP ("Developer"), a California Limited Liability Company, with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in "Exhibit A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 16- 02/RP 16-08 — Ocean which provides conditional approval of the construction 17 multi- family residential air space condominium unit project Ocean ("Project"). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer's affordable housing obligation, as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 7229 provides that the Affordable Housing Obligation of three (3) units ("Affordable Housing Obligation") will be satisfied by the purchase of three housing credits in the Tavarua Affordable Housing Project, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Recitals are true and correct. 2. THAT SATISFACTION OF DEVELOPER'S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developers' obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. CT 16-02 / RP 16-08 — Ocean by reason of the approvals of the Tentative Map 1 CA 2/5/2013 of CT 16-02, including Condition No. 18 of Planning Commission Resolution No. 7229, and any other applicable approval. (b) The Developer shall purchase three (3) affordable housing credits in the Tavarua Affordable Housing development (within the Northwest Quadrant of the City of Carlsbad), based on availability, for an amount established by resolution of the City Council and as required by Condition No. 18 of Planning Commission Resolution No. 7229 no later than two (2) years following the date of this Agreement. The credit fee shall be paid prior to the Developer receiving any building permits for the project. The subject housing credits will be reserved for said Developer for no longer than two (2) years following the date of this Agreement. If the Developer does not purchase the subject credits within two (2) years of the date of this Agreement, the City shall make the credits available to one or more alternate developers and the Developer for this Agreement shall then be required to satisfy its inclusionary obligation through alternate methods as approved by the City Council. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 18 of Planning Commission Resolution No. 7229. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building peimits for the lots shown on Carlsbad Tract No. CT 16-02/RP 16-08. 4. HOLD HARMLESS Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including attorneys' fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer's actions or defaults pursuant to this Agreement, and shall protect and defend Inderrmitees, and any of them with respect thereto. This provision shall survive the term of this Agreement. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Community Development Department Attn: Housing Services Manager 1200 Carlsbad Village Drive Carlsbad, CA 92008 TO THE DEVELOPER: Carlsbad 17, LP WDI LLC Manager 234 Venture St, Suite #100 San Marcos, CA 92078 2 CA 2/5/2013 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. 6. ENTIRE AGREEMENT 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. 7. DURATION OF AGREEMENT This Agreement shall teiminate and become null and void upon the payment of the affordable housing credits, or the repeal, teimination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of affordable housing lots. /I I/ I/ /I // // INTENTIONALLY LEFT BLANK II II // I/ /I /I /I // // 3 CA 2/5/2013 By: Richard A. Woolsey Title: WDI LLC Mana• er CITY OF CARLSBAD By: pat, eff Murphy Community Development Director Dated: 6/6 1/1)70 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER Carlsbad 17 LP, a Delaware Limited Partnership Carlsbad 17 GP LLC, General Partner WDI LLC, Manager Dated: By: Name: Title: Dated: (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the office(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Contractor must be attached.) APPROVED AS TO FORM: Celia A. Brewer, City Attorney Dated: ciN idC) By: Ron Kemp, Assistant City A orney 4 CA 2/5/2013 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY NORTHWESTERLY 100 FEET OF THE SOUTHEAST 185 FEET OF LOT 18 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, THE NORTHWESTERLY AND SOUTHEASTERLY LINES THEREOF BEING PARALLEL WITH THE DIVIDING LINE BETWEEN LOTS 17 AND 18 IN SAID SEASIDE LANDS. ALSO THAT PORTION OF THE SOUTHWESTERLY HALF OF "STATE HIGHWAY" AS SHOWN ON SAID MAP ADJOINING THE ABOVE DESCRIBED PARCEL OF LAND ON THE NORTHEAST, CLOSED TO PUBLIC USE ON NOVEMBER 9, 1931 BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH ORDER WAS RECORDED NOVEMBER 16,1931 IN BOOK 69, PAGE 23 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WEST OF THE EAST LINE OF THAT CERTAIN RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED MAY 14, 1934 AND RECORDED AUGUST 20, 1934 IN BOOK 316, PAGE 309 OF OFFICIAL RECORDS. APN: 155-200-10-00 5 CA 2/5/2013 CARMEL.A MARIE BERUMEN Notary Public- California Sari Diego County Commission # 231644 — my Comm. Expires Dec 20, 2023 Place Notary Seal and/or Stamp Above OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Corporate Officer - Title(s): 0 Corporate Officer - Title(s): O Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator O Other: 0 Other: Signer is Representing: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 D.ire#21#4n#E8-#:4,91SIS#4431,3xiMre#44#44,34431#.45;144HISES2=YI,SzSzi:OxSe3#1.3#43MISMI#48-1, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali rnia r County of V\ On 1/4)„,%-C,-. V74--1-i i 671-09-0 before me, C0me-6, Arie - ---6eninun ii ?tolQ Lg.-eJ , Date Here Insert Name and Title of the Officer personally appeared ‘GO,Vt °ZIA _A 1_1()OC) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to 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 his/her/their 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and official seal. Sign ©2018 National Notary Association