Loading...
HomeMy WebLinkAboutCT 16-03; Beach Village Life LLC; 2018-0492716; Affordable Housing Agreement/ReleaseRECORDING REQUESTED BY: City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr Carlsbad,Ca.92008 DOC# 2018-0492716 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Nov 29, 2018 10:24 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0 00) PAGES 10 ~--+U--U--~~~~L...1...4--~-=.~ ~ tPu.ra}:3.0Q.. CX-Cr~,½) 1 D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 D Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on ________ (date) as document number ____________ of Official Records, or, 3 D Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction, or, 4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on __________ (date) as document number(s) ________________________ of Official Records, or 5 D Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to an owner-occupier, or, 6 D Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier, or, 7 D Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring the dwelling to the owner-occupier was recorded on __________ (date) as document number(s) ----------------------------------, or, 8 D Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, 9 [l] Exempt from fee under GC27388.l for the following reasons: GC27388.1 (2)(0): real estate document recorded by a municipality THIS PAGE ADDED TO PROVIDE SENATEBlll2EXEMPTIONINFORMAT1ON (Additional recording fee applies) 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 California 92008 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT (Purchase of Credits) THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this /£-_ day of {ztC'l'l~ ~20 J & , by and between the CITY OF CARLSBAD, a municipal corporation ("City") and Beach Village Life 1, LLC ("Developer"), a 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 1s the subject of a Tentative Map (CT 16-03 / RP 16-09 / CDP 16-16 -Beach Village Life 1 Mixed Use), which provides conditional approval of the construction of a hotel, spa, retail, and residential condominium project with 9 residential condominium 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. 7248 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. 16-03 i RP 16-09 I CDP 16-16 -Beach Village Life 1 Mixed Use by reason of CA 2/5/2013 the approvals of the Tentative Map of CT16-03, including Condition No. 7 of Planning Commission Resolution No. 7248, and any other applicable approval. (b) The Developer shall purchase two (2) 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. 7 of Planning Commission Resolution No. 7248 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. 7 of Planning Commission Resolution No. 7248. 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 16-03 / RP 16-09 / CDP 16-16 -Beach Village Life 1 Mixed Use. 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 "lndemnitees"), 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 registered 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 & Neighborhood Services Department Attn: Housing Compliance Division 1200 Carlsbad Village Drive Carlsbad, California 92008 Beach Village Life 1, LLC Attn: Robert Richardson 381 Christiansen Way Carlsbad, CA 92008 760-828-0653 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. DEV~ELPE By:_~ / Title: ~ g~ tf frJ..A-rt..-DateLJ;!;--/1r~ . .J By/ NAME: ROBERT RICHARDSON Name: ___________ _ Title: ------------ Dated: ------------ ~OFCARLSF By: Ld,J~~-t;J Debbie Fountain, Housing and Community Eco omic Development Dir. Dated: --l--+--'-.J..Lit.....1--~~------- (Chairman, president or vice-president and secretary, assistant secreta,y, 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: Celi~ityAttorneY, By: _______ v-,,,:. __ _ Ron Kemp, Assistant Ci Attorney 4 Dated: /c.) / C, l;s{ I CA 2/5/2013 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The northwesterly 60 feet of Block 10, of the Town of Carlsbad, City of Carlsbad, County of San Diego, State of California, according to map thereof no. 365, filed in the Officer of the County Recorder of San Diego County, February 2, 1887. Excepting therefrom the northeasterly 110.00 feet thereof and the southwesterly 129.00 feet thereof. 5 CA 2/5/2013 CIVIL CODE§ 1189 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. On --+-=:::::::::~'~-b-ef-or_e_m-e,-,/-J~ ~ /7 / .,,.,,.-;7 1 Here Insert Name and Title of the Officer personally appeared --~-----""----"""'~""'~=,,c,.,-L-c-----'-/--'-~-•G--c---=-/~"'7'f;.~~~4c;:_;.f=-....c.".:::.._,;,c/__:c__ __________________ _ 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/shef#tey executed the same in his/hefftheir authorized capacity(ies), and that by his/.b.9fftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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 ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu , / / Title or Type of Document: ~~CLJ4,£V-~.,,E-JJ==.,~~=~·~=mocument Date: , __ ,..,Z~~...,_1/_~s..Wr-'----1/.---'F'------__ Number of Pages: ·------=-~.:::.....c.'.6...£.#_,=:_ _______ _ Capacity(ies) Claim~ by SiQ".'IJ!r:(s) Signer's Name: ~1_p.,,.,r /t::.<~-,,L.rr -.1 D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee A □ rdian or Conservator c:f:2!c0ther: M• _ _,..," ~ de-u "'.., ,<-- Signer Is Represe ting: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: _________ _ ~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • 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 S:\a (),~ On 0i/lc;{[\~ r i before me. fhh,uQ l r ce,sc.b)+ ·, ,~)Qto,ry .Publi (,,, Here ln;:n Name and Tit/~ of the Olticer Date personally appeared 1JJ,1eb~~b~-\~Q_.,cifu:s2_\U,2Jl'\~An~'I'{\~--=============:::::::==========- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personOO whose name~ is/aFQ subscribed to the within instrument and acknowledged to me that he/she/tfleY executed the same in t:w&/her/tAQir authorized capacity(~, and that by Ris/her/tbe.ir signatureM on the instrument the persont,¢, or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Sea/ Above 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. ----------------opnoNAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descriptio ttached Document Title or Type of Docu ·---~------------Docume Number of Pages: ___ Other Than Named Abov : ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:------------~ I l Corporate Officer -Title(s): --------::,,...-,::.--- U Partner -□ Limited [I General 11 Individual Cl Attorney i lJ Trustee LJ Gu ·an or Conservator 1J Other: ---===-=------------- [ I Individual C-7 Trustee orney in Fact □ Guar Conservator [I Other: -----------=-.....:::---- Signer Is Representing: _________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 8/21/2018 Mr. Robert Richardson Karnak Design 380 Christensen Way Carlsbad, CA 92008 Dear Mr. Richardson: 001.jpg BEACH VILLAGE LIFE November 30, 2017 Beach Village Life 1 LLC hereby authorizes you to sign as its official agent in all filings required for the planning and construction of its Christensen Way real estate development project. This letter formally recognizes you as our authorized agent in all interactions with the City of Carlsbad, San Diego County, and all relevant governmental agencies involved in the project. Sincerely, William H. Davidson Managing Member Beach Village Life 1 LLC https:/ /mail.google.com/mai I/u/0/#search/in%3Asent+ JOSH %40SPEARI NC. NET/ 16022aea39017935?proj ector= 1 &messagePartld=0. 1 1/1 Certificate of Corporate Resolution The President and/or Secretary, of Beach Village Life 1, LLC and/or Robert Richardson, respectively, are authorized to sign for and on behalf of said Corporation, and thereby bind the said Corporation as its authorized act, and to make, execute and deliver, on behalf of said Corporation the Affordable Housing Agreement with the City of Carlsbad. DATED: This 'l5 day of ~$;?ffft/\ ~1~·2018. Beach Village Life 1, LLC, a California Limited Liability Company By: Name: \~' \ L-'--'-l\:rv:-: b0,,. 'V' D>,,1 r~ President The undersigned Secretary hereby represents that the above and forgoing is accurate and true and certifies to the same. By:-------------- Name: ________________ , Secretary i -----------·• -· i \ , .. ! ,,.,,,,..,,.:.;;.:;,~\1,,--4-.~ .. ,-~-..-.... \~ ,<"'•,· ·_-:-.· OF~=1 1~•-:\'._ '._;~_;i_L ! v.,.. · i,·t 1 .. ~F:!'-J '// .. · ':\S _ • . ;, .. ,.~"·;~1.::,1\ .-.·,, .. -;--·11 •i 11 ·L -'.,,#',-.,,i-.. · ......... ••··•'..I"\$ ;; '. :,;;__; . ·,·y I!' ~ ,,;ec."-'''lf·f:_,,.,,., •. :;.~.,,.,A:Rll'i>','r'W•;"'"'.'·'i'<L••!''':.~~:.::;