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HomeMy WebLinkAboutCD 2021-0026; AVIARA APARTMENTS; Consistency Determination (CD)• CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION CITY USE ONLY , Development Number: €;\I' 2 o I 7 -003 '"3> Original Project Number: CT ..<Olti -ooo?..-Consistency Determination Number: c R a-021-ooc)....(, PROJECT NAME: Aviara East Apartments Assessor's Parcel Number(s) and Address: NE corner of Aviara Parkway and Laurel Tree Lane Description of proposal (add attachment If necessary): Revision to approved 70-unit affordable housing project to adjust unit mix to include more 3BR units so project meets the "Large Family" criteria for tax credit end tax-exempt bond funding. This change wlll make the project more competitive for rundlng. The project remains at 70 units and the building's design and appearance is mostly unchanged, with the exception of modest adjustments made at the west end of the building to accommodate the revised unit mix. See attached drawings. D m Would you like to orally present your proposal to your assigned staff planner/engineer? Yes No ~ Please list the staff members you have previously spoken to regarding this project. If none, please so state. Don Neu, Jason Goff, Mandy Mills OWNER NAME (Print): Aviara, LP MAILING ADDRESS: 5120 Shoreham Place, #150 CITY, STATE, ZIP: San Diego, CA 92122 TELEPHONE: (858)535-1475 EMAIL ADDRESS: austinw@wermerscompanies.com *Owner's signature Indicates permission to conduct a preliminary review for a development proposal. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IMIE CONSENT TO ENTRY FOR THIS PURPOSE. I CERTIFY THAT I AM THE LEGAL OWNER ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY ~-. ,®) ,:\ !l!<i!II,, ~( 11/15/21 SIGN TURE ,.,4, ~-\-DATE APPLICANT'S REPRESENTATIVE (Print): Jeff WIiiams MAILING ADDRESS: 600 California Street. Suite 900 CITY, STATE, ZIP: San Francisco, CA 94108 TELEPHONE: (619) 814-1281 EMAIL ADDRESS: Jwllllams@brldgehousing.com APPLICANT NAME (Print): BRIDGE Housing Corporation MAILING ADDRESS: 600 California Street, Suite 900 CITY, STATE, ZIP: San Francisco, CA 94108 TELEPHONE: (619) 814-1281 EMAIL ADDRESS: jwiHiams@bridgehousing.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNO\1111..EOGE. DAfE I I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRE TT E BEST OF MY KNOWLEDGE. ~ _:~~~="==:=::.___ 11 _ 1 s /-2-1 DAE f FEE REQUIRED/DATE FEE PAID: RECEIVED BY: P-16 Page2 of 2 Revised 02/28/18 RESOLUTION NO. 2021-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A $3,100,000 LOAN FROM THE HOUSING TRUST FUND TO BRIDGE HOUSING FOR THE AVIARA APARTMENTS AFFORDABLE HOUSING PROJECT (DEV 2017-0033) WHEREAS, BRIDGE Housing has requested financial assistance for the construction of 70 apartment homes to be affordable to extremely low, very low, and lower income households on an existing parcel at 1205 Aviara Parkway; and WHEREAS, the request for financial assistance was submitted to the City of Carlsbad's Housing Commission for review and consideration at their public meeting on August 12, 2021, on which date said Commission recommended that the City Council approve the requested financial assistance in the amount of $3,1000,000; and WHEREAS, the Planning Commission approved said housing development on December 16, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the request for financial assistance from BRIDGE Housing is consistent with the goals and objectives of the City of Carlsbad's Housing Element, and the General Plan. 3. That the request for financial assistance will assist the affordable housing developer in constructing a total of 70 apartment homes affordable to extremely low, very low, and lower income households. The project, therefore, can effectively serve the city's housing needs and priorities expressed in the Housing Element. 4. That the City Council authorizes the Deputy City Manager, Administrative Services, to assign for a 24-month period from the Housing Trust Fund and to appropriate funds to provide a cash assistance loan in the amount of $3,100,000 to BRIDGE Housing for the Aviara Apartment affordable housing project once all project funding is secured by the developer. Aug.31,2021 Item #9 Page 7 of 87 5. That the City Council authorizes the City Manager, or designee, to prepare and execute all documents related to the provision of the city loan, subject to review and approval by the City Attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 31st day of August, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: Aug.31,2021 Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor FAVIOLA MEDINA, City Clerk Services MaAager {SEAL) Item #9 Page 8 of 87 ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT (BRIDGE HOUSING CORPORATION) THIS ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is made and entered into as of November l , 2021 ("Assignment Date"), by and between SHAC SC LAUREL TREE LLC, a California limited liability company ("Assignor"), and AVIARA LP, a Delaware limited partnership ("Assignee"). RECITALS A. Assignor and Assignee are parties to that certain Real Estate Purchase and Sale Agreement and Joint Escrow Instructions with an Effective Date of February 5, 2021, as amended ("Purchase Agreement") pursuant to which Assignor agreed to sell, and Assignee agreed to purchase, certain real property and intangible property more particularly described therein, together with all of Assignor's rights and obligations under the Bridge PSA, as defined in the Purchase Agreement. Capitalized terms not defined herein shall have the meaning given such terms in the Purchase Agreement. B. Assignor is a party to that certain Purchase and Sale Agreement and Joint Escrow Instructions (Aviara Parkway Affordable Housing) by and between SummerHill Apartment Communities Investments LLC, a California limited liability company ("SHACJU), Assignor's predecessor in interest via assignment dated February 1, 2021, as the seller, and Bridge Housing Corporation, a California nonprofit public benefit corporation ("Bridge") as the builder, with an Effective Date of December 19, 2018, as amended by First Amendment thereto dated November 25, 2020 and Second Amendment thereto dated August 30, 2021 (the "Bridge PSA"), with respect to an approximately 2.2 acre portion of the Real Property commonly known as the East Site as more particularly described therein (for purposes of this Agreement, the East Site being referred to herein as the "Property"). A copy of the Bridge PSA is attached hereto as Exhibit A. C. Pursuant to the tenns and conditions of the Purchase Agreement and this Agreement, Assignor desires to assign to Assignee, and Assignee desires to acquire from Assignor, all of Assignor's right, title, interest, duties and obligations in, to and under the Bridge PSA, such that Assignee will be able to "step into the shoes" of Assignor with respect to Assignor's obligations to sell the Property to Bridge pursuant to the terms and conditions of the Bridge PSA. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, Assignor and Assignee agree as follows: 1. Assignment. Assignor hereby assigns, transfers, sells, grants and conveys to Assignee, and Assignee hereby accepts from Assignor, all of the Assignor's right, title, interest, duties and obligations in, to and under the Bridge PSA which arise after or are to be perfonned or completed from and after the Assignment Date, such that Assignee shall have all the benefits and rights that Assignor has under the Bridge PSA. L_ 2. Assumption. Assignee hereby assumes all of Assignor's duties and obligations under the Bridge PSA and agrees to sell the Property to Bridge on the terms and conditions set forth in the Bridge PSA. and to perform all the obligations of Assignor under the Bridge PSA which arise after or are to be performed or completed from and after the Assignment Date, as if Assignee were the original named "Seller" under the Bridge PSA, including, without limitation, all of Assignor's obligations under Section 6.3 (Grading Reimbursement) and Section 7.3 (Seller Loan). 3. Governing Law. The validity, performance, and construction of this Agreement, and the relationship between the parties shall be governed and interpreted in accordance with the substantive laws of California, without regard to its choice of law rules. 4. Amendment. To be binding on either party, any modifications to the terms contained in this Agreement must be in writing and be executed by authorized officers of each party. 5. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 6. Attorneys' Fees. In the event either party institutes any action, swt or proceeding against the other party in connection with any dispute or matter arising under or relating to the Agreement, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees and costs, expert witness fees, and arbitration fees and costs, in addition to any award the prevailing party may receive. 7. Liability. Except to the extent expressly set forth in the Purchase Agreement, this Agreement is made without any representation or warranty by Assignor, express or implied, as to any matter whatsoever, and is subject to the terms and conditions of Section 12 et seq., Section 19.G and Section 19.H of the Purchase Agreement, without duplication. 8. Consent to Assignment. Assignor and Assignee agree that Bridge previously provided its consent to the assignment of the Bridge PSA from Assignor to Assignee pw-suant to a separate written document. 9. Joint and Several. If more than one person or entity executes this Agreement as the Assignee hereunder, then each of such persons or entities constituting Assignee shall be jointly and severally liable for all covenants, conditions, provisions and agreements of the Assignee under this Agreement. (SIGNATURES ON FOLLOWING PAGE] ,,;· .l • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ASSIGNOR: SHAC SC LAUREL TREE LLC, a California limited liability company By: By: ---!........,;;;;:-~~~ii.::===--lt-- Name: -~~11....1::;~k:!,,!~~ Title: _ _.i.,.::,e..;,,:;.,~...;.._ __ _ Date: ---"""~.&1--~--- By:-----"'----- Name: ----'"'J1 .. so--.1...,R""lligs&a&-- Title: ---r-----='Sec;;.;;.;;..r;..;;e.;.;ta~ry.....__ Date: ___.l~6f:.._.,ii'=-/2'"'""z,q../ __ _ ASSIGNEE: A VIARA LP, a Delaware limited partnership By: Aviara Genpar, LLC, a Delaware limited liability company, its General Partner By: R&V Investment Management Corporation, a California corporation, its Manager By: Name: _______ _ Title: Date: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ASSIGNOR: SHAC SC LAUREL TREE LLC, a California limited liability company By: SummerHill Apartment Communities, a California corporation, its managing member By: ______ _ Name: _______ _ Title: _______ _ Date: -------- By: _______ _ Name: _______ _ Title: --------Date: -------- ASSIGNEE: AVIARA LP, a Delaware limited partnership By: Aviara Genpar, LLC, a Delaware limited liability company, its General Partner By: R& V Investment Management Corporation, a California corporation, its Manage,.-- By: Name: --=-(_b_f+-'---0.._g~lc~-- Title: fr""" Jc.-it- Date: /o/t~/1.-I .a • ' .... EXHIBIT A BRIDGEPSA L