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Home My WebLink AboutCT 2018-0006; Laguna Project LP; 2020-0149542; Affordable Housing Agreement/ReleaseRecording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad California 92008 DOC# 2020-0149542 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Mar 23, 2020 02:25 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $2900 (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 ~))day of Fe~4rg , 2020, by and between the CITY OF CARLSBAD, a municipal corporation ("City") an LAGUNA PROJECT, LP ("Developer"), a California limited partnership 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 2018-0006), which provides conditional approval of the construction of thirteen (13) dwelling units ("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. 7342 provides that the Affordable Housing Obligation of two (2) units ("Affordable Housing Obligation") will be satisfied by the purchase of affordable housing credits, 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 2018-0006 by reason of the approvals of the Tentative Map of CT 2018-0006, including Condition No. 15 of Planning Commission Resolution No. 7342, and any other applicable approval. CA 2/5/2013 (b) The Developer shall purchase two (2) affordable housing credits in the Tavarua Senior Affordable Apartments combined offsite 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. 15 of Planning Commission Resolution No. 7342 no later than two (2) years following City Council approval 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 (2) years following City Council approval 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. 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. 15 of Planning Commission Resolution No. 7342. 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 permits for the lots shown on Carlsbad Tract No. CT 2018-0006. 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 Indemnitees, 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 registed or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: TO THE DEVELOPER: City of Carlsbad Housing Services Division Attn: Housing Services Manager 1200 Carlsbad Village Drive Carlsbad, CA 92008 Laguna Project, LP Attn: Brett Farrow 125 Mozart A venue Cardiff-by-the-Sea, CA 92007 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 terminate and become null and void upon the payment of the affordable housing credits, or the repeal, termination, 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. II II II II II II II II II II II II II II II INTENTIONALLY LEFT BLANK 3 CA 2/5/2013 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. LAGUNA PROJECT. LP By:#/~ Title: /J,Jlrfl/~ :::, Dated: 24 ~/2---o By: Name: ------------Title: Dated: ------------ By: ~@ Jeff Murphy, Community Development Director Dated: ~~ 2-c:J 2-0 (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: -~-l~a_J,_,/~2_.,e_) ___ _ I 4 CA 2/5/2013 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE EASTERLY 120.00 FEET MEASURED ALONG THE NORTH LINE OF LAGUNA DRIVE OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 1, SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO UNITED STA TES GOVERNMENT SURVEY APPROVED JUNE 22, 1883, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE 40 FOOT EASEMENT FOR PRIVATE ROAD AS SHOWN ON THE MAP OF BUENA VISTA GARDENS NO. 2492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 4, 1948, WITH THE NORTH LINE OF LAGUNA DRIVE, AS SHOWN ON THE MAP OF SEASIDE LANDS NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921; THENCE ALONG THE NORTH LINE OF SAID LAGUNA DRIVE, NORTH 89°50' WEST 90 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0°16'35" EAST PARALLEL WITH THE SAID WEST LINE OF SAID PRIVATE ROAD TO THE SOUTHERLY BOUNDARY LINE OF SAID BUENA VISTA GARDENS, ACCORDING TO SAID MAP NO. 2492; THENCE NORTH 77°39' WEST ALONG SAID BOUNDARY TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 56°57'40" WEST 89.97 FEET TO THE MOST WESTERLY CORNER OF SAID BUENA VISTA GARDENS; THENCE NORTH 89°50' WEST TO THE WEST LINE OF SAID LOT 1, SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT l, SECTION 1, TO THE NORTH LINE OF SAID LAGUNA DRIVE; THENCE NORTH 75°19'46" EAST ALONG THE SAID NORTH LINE 28.28 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89°50' EAST TO THE TRUE POINT OF BEGINNING. APN: 155-221-12-00 5 CA 2/5/2013 ACKNOWLEDGMENT 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 California County of San l),e<?>o ? 1(os-r;\\.-t\lA\J ~A~\, ?Jf2UC (insert name and title of the officer) before me, personally appeared --------'~'--....;::e;_-'-\\'--_'E--=Z\'----'-(_G_o_W ____ ------;,''----------;r-~- who proved to me on the basis of satisfactory evidence to be the person whose name re supscribed to the within instrument and acknowle~~d to me tha~he/they executed the same in @slher/their authorized capacity(ies), and that by(!]ls/he~/!l)eir signatureµJon the instrument the person~or the entity upon behalf ~f which the persol}kS) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~~ (Seal)