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. ~
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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
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