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2020-636976 RECORDING REQUESTED BY: First American Tide Company HomeBullder DOC# 2020-0636976 Services Division IIIIIIIIIIIIIVIIIIId�IIIVI�III�INIINI�GIIII�II�IN�II�I WHEN RECORDED MAIL DOCUMENT TO: Oct 20, 2020 08:00 AM City of Encinitas, City peck's Office 505 S. Vulcan Avenue OFFICIAL RECORDS Ernest J.Dronenburg,Jr., Encinitas, CA 92024 SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 18 Space Above This Line for Recorder's Use Only A.P.N.: 260-580-29-00 File No.: DTR-5812366 (dm) Property Address: 1412 Mackinnon Avenue, Encinitas, CA 92007 Affordable Housing Agreement(Density Bonus) Tide of Document (X ) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner- occupier per GC 27388.1 (a) (2). ( ) Maximum fee of$225 has been reached per GC 27388.1 (a) (1). { ) Not related to real property GC 27388.1 (a) (1). ( }Transfer of real property subject to the imposition of Documentary Transfer Tax -GC 27388.1 (a)(2) ( )Transfer of real property that is a residential dwelling to an owner-occupier- GC 27388.1 (a)(2) ( ) Exempt from fee under GC 27388.1 due to being recorded in connection with a transaction that was subject to documentary transfer tax which was paid on document recorded as Document No. of Official Records ( ) Exempt from fee under GC 27388.1 due to the maximum fees having been paid on document(s) recorded as Document No, of Official Records ( ) Exempt from fee under GC 27388.1 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 as document No. of Official Records. ( ) Exempt from fee under GC 27388.1 for the following reasons: THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) RECORDING REQUESTED BY: First American Title Company HomeBuilder Services Division WHEN RECORDED MAIL DOCUMENT TO: City of Encinitas, City Cleck's Office 505 S. Vulcan Avenue Encinitas, CA 92024 Space Above This Line for Recorder's Use Only A.P.N.: 260-580-29-00 File No.: DTR-5812366 (dm) Property Address: 1412 Mackinnon Avenue, Encinitas, CA 92007 Affordable Housing Agreement(Density Bonus) Title of Document (X ) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner- occupier per GC 27388.1 (a) (2). ( ) Maximum fee of$225 has been reached per GC 27388.1 (a) (1). ( ) Not related to real property GC 27388.1 (a) (1). ( )Transfer of real property subject to the imposition of Documentary Transfer Tax - GC 27388.1 (a)(2) ( )Transfer of real property that is a residential dwelling to an owner-occupier - GC 27388.1 (a)(2) ( ) Exempt from fee under GC 27388.1 due to being recorded in connection with a transaction that was subject to documentary transfer tax which was paid on document recorded as Document No. of Official Records ( ) Exempt from fee under GC 27388.1 due to the maximum fees having been paid on document(s) recorded as Document No. of Official Records ( ) Exempt from fee under GC 27388.1 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 as document No. of Official Records. ( ) Exempt from fee under GC 27388.1 for the following reasons: THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) Recording Requested By First American Title Company HometimIder Services Division NO FEE FOR RECORDING PURSUANT TO GOV. CODE SECTION 27383 Recording Requested By: City of Encinitas Development Services Department 505 S. Vulcan Avenue Encinitas, CA 92024 And When Recorded Mail To: City of Encinitas City Clerk's Office 505 S. Vulcan Avenue Encinitas, CA 92024 A.P.N. 260--$D•P)- 00 3b6 AFFORDABLE HOUSING AGREEMENT (Density Bonus) This Affordable Housing Agreement (hereinafter the "HOUSING AGREEMENT") is made and entered into and is effective as of this ay of 6ckbc/ 2020 by and between the City of Encinitas, a municipal corporation (hereinafter the "CITY"), and Kenneth L. Reed, a married man as his sole and separate property, (hereinafter the "OWNER"). RECITALS A. Whereas, the CITY has adopted a Density Bonus Ordinance, Encinitas Municipal Code Section 30.16.020(C), to conform with state density bonus law (Government Code Sections 65915 — 65918) (together "DENSITY BONUS LAW"). DENSITY BONUS LAW allows a density bonus, concessions, and other regulatory incentives when a developer proposes to provide affordable housing meeting the standards of DENSITY BONUS LAW. B. Whereas, the OWNER is the owner of real property (hereinafter the "PROPERTY") described in EXHIBIT A, attached hereto and made a part hereof; C. Whereas, the CITY approved Tentative Map 14-111 by City Council Resolution (Reso. 2016-47) on May 11, 2016. As part of the Tentative Map application, the OWNER has sought and agreed to construct one unit (12.5 % of the total units shown on the Tentative Map) to be affordable to VERY LOW-INCOME HOUSEHOLDS. The affordable unit(s) is hereinafter the "UNIT(s)". D. Whereas, in accordance with DENSITY BONUS LAW, OWNER has applied for, and the CITY has granted, the following regulatory incentives in exchange for the OWNER's provision of the affordable UNIT(s): (1) A density bonus of two additional City of Encinitas-Affordable Housing Agreement 1 market-rate units; (2) incentive(s) described as follows: none; (3) waivers or modifications of development standards, as follows: increased floor area ratio, reduced open space, and reduced setbacks, and (4) parking reductions: none; E. Whereas, the OWNER has designated Lot Number two (2) of TM 14-111 (hereinafter the "AFFORDABLE UNIT PROPERTY') as the site of the required affordable UNIT, and the OWNER has agreed to construct the UNIT on the AFFORDABLE UNIT PROPERTY; F. Whereas, in order to meet the requirements of DENSITY BONUS LAW regarding the use of the affordable UNIT, the OWNER must sell or rent the UNIT to VERY LOW INCOME HOUSEHOLDS at affordable sales cost or affordable rental price as described below in this HOUSING AGREEMENT and must be bound by this HOUSING AGREEMENT. In consideration of the regulatory incentives described in Recital D, and to comply with DENSITY BONUS LAW, the OWNER has consented to be regulated and restricted as provided herein; G. Whereas, the TENANT HOUSEHOLD is an eligible household that rents the UNIT (hereinafter `TENANT HOUSEHOLD"); H. Whereas, the HOMEBUYER HOUSEHOLD is an eligible household that purchases the UNIT (hereinafter "HOMEBUYER HOUSEHOLD"); I. Whereas, the UNIT was previously subject to a certain Affordable Housing Regulatory Agreement dated September 7, 2017 and recorded in the Official Records of the County of San Diego on October 17, 2017 with document number 2017-0482128 (the "ORIGINAL REGULATORY AGREEMENT') and was an agreement made between the CITY and New Pointe Investment 37, LLC (hereinafter the "ORIGINAL OWNER"); J. Whereas, the ORIGINAL OWNER has fulfilled the obligations and requirements under the ORIGINAL REGULATORY AGREEMENT; K. Whereas, the ownership of the UNIT has changed since the ORIGINAL REGULATORY AGREEMENT was entered into and recorded, and the UNIT has been conveyed to the OWNER, necessitating a partial release from the ORIGINAL REGULATORY AGREEMENT pertaining to the UNIT, and replacement of the ORIGINAL REGULATORY AGREEMENT with this REGULATORY AGREEMENT specific to the PROPERTY; and, L. Whereas, in order to restrict use of the affordable UNIT, the OWNER is bound by this REGULATORY AGREEMENT and has consented to be regulated and restricted as provided herein. City of Encinitas-Affordable Housing Agreement 2 NOW, THEREFORE, the parties hereto agree as follows: 1. TERM OF AGREEMENT. The term of this HOUSING AGREEMENT shall commence on the issuance of a certificate of occupancy, which occurred on April 15, 2019, for the UNIT and shall continue for a period of fifty-five (55) years in accordance with Encinitas Municipal Code 30.16.020(C)(9). All references to the Municipal Code in this HOUSING AGREEMENT refer to the Municipal Code in effect on the date of this HOUSING AGREEMENT. 2. GENERAL CONDITIONS A. OWNER shall only rent or sell the UNIT to a VERY LOW-INCOME HOUSEHOLD. A "VERY LOW INCOME HOUSEHOLD" is a household with household income that does not exceed the very low income limits applicable to San Diego County as published annually by the Department of Housing and Community Development under Title 25 of the California Code of Regulations, Section 6932 (or successor provision), adjusted for actual household size. B. OWNER shall advertise the availability of the UNIT for a minimum of two consecutive weeks in a local newspaper. The OWNER may employ additional marketing methods that are in accordance with professional standards. The CITY may also advertise the UNIT to provide contact information to interested households. OWNER shall make applications available for a minimum of two weeks during the advertisement period. OWNER shall maintain a record of all interested households and applications. OWNER must provide such documentation to the CITY. C. OWNER shall provide CITY with notice of not less than 60 days prior to advertising the availability of the UNIT of their intent to rent or sell the UNIT. D. OWNER shall comply with the Fair Housing Act and California Fair Employment and Housing Act and not discriminate against any prospective tenant or homebuyer on the basis of race, color, religion, sex, national origin, familial status, disability, or other individuals protected under State and Federal fair housing laws. E. OWNER is prohibited from renting or selling the UNIT to a family member, relative, employee, or any pre-determined household. A 'pre-determined household' is any household with a pre-existing relationship with the OWNER, such as a friend, associate, or any other household that has an existing relationship with the OWNER, and whose occupancy of the UNIT would decrease its availability to the general public as intended by DENSITY BONUS LAW. F. OWNER may sell the UNIT or the AFFORDABLE UNIT PROPERTY with the prior written approval of the DIRECTOR to a non-qualifying household, if the UNIT will be continuously rented to a qualifying VERY LOW INCOME HOUSEHOLD at an affordable rental price as calculated in Section 5.6 below. At the time of said sale, the subsequent owner shall execute a new Affordable Housing Agreement with the CITY. The City shall require the subsequent owner to post a performance bond or City of Encinitas-Affordable Housing Agreement 3 provide other assurances of performance within the identified construction schedule (as described in Section 2.D) if the UNIT has not yet been constructed. G. During the term of this agreement, the UNIT shall be utilized for residential use only in accordance with applicable local ordinances and regulations; any commercial use or transient habitation (of less than thirty days) is specifically prohibited. H. Occupancy of the UNIT shall be appropriate to the number of bedrooms in the UNIT. As a general rule and policy, an appropriately sized household is no less than one person per bedroom, unless a reasonable accommodation must be made under federal or state fair housing laws. I. The OWNER has received the regulatory incentives described in Recital D from the CITY under the DENSITY BONUS LAW. The incentives are a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Sections 1954.52(b) and 1954.53(a)(2) of the Costa-Hawkins Act provide that, where a developer has received such assistance, certain provisions of the Costa-Hawkins Act do not apply if a developer has so agreed by contract. The OWNER hereby agrees to limit rents and sales prices as provided in this Agreement in consideration of the OWNER's receipt of the incentives described in Recital D and further agrees that any limitations on rents imposed on the UNIT are in conformance with the Costa-Hawkins Act. 3. OPTION TO SELL A. QUALIFICATION OF ELIGIBLE HOMEBUYER HOUSEHOLD i. Except as provided in Section 3.F, the UNIT shall only be sold to a qualifying VERY LOW-INCOME HOUSEHOLD. ii. The OWNER shall verify the income of all adult members of any proposed HOMEBUYER HOUSEHOLD. For the purposes of determining the HOMEBUYER HOUSEHOLD gross annual income, all adult (18 years of age and over) members of household shall provide recent (within a year) source documentation to verify income. Source documentation includes, but not limited to, tax returns, paystubs, wage statements, W2s, bank statements, social security documents, and employment verification. ii. Prior to opening escrow to sell the UNIT, OWNER shall provide CITY with HOMEBUYER HOUSEHOLD'S recent income qualifying source documentation, including, but not limited to, tax returns, W2's, paystubs, social security statements, bank statements, etc. The CITY may require additional documentation to verify eligibility. DIRECTOR shall confirm or deny eligibility based on the documentation provided. iii. HOMEBUYER HOUSEHOLD must certify that they will occupy the UNIT as owner-occupant and principal residence; and that the household does not own or have an interest in any real property. City of Encinitas-Affordable Housing Agreement 4 B. CALCULATION OF AFFORDABLE HOUSING COST i. The maximum affordable sales price for the UNIT shall be calculated in accordance with California Health and Safety Code Section §50052.5 and Title 25 of the California Code of Regulations, Section 6920 (or successor provision), and, in accordance with these provisions, shall result in housing cost that does not exceed 30 percent of 50 percent of AREA MEDIAN INCOME, adjusted for assumed household size. "AREA MEDIAN INCOME" is the median income for to San Diego County as published annually by the Department of Housing and Community Development under Title 25 of the California Code of Regulations, Section 6932 (or successor provision), adjusted for actual household size. The following conditions shall also be applied when determining the maximum affordable sales price: a. The calculation shall include a five percent down payment. b. The calculation shall include an interest rate which is based on the current Freddie Mac Monthly Average Commitment Rate on 30-Year Fixed-Rate Mortgages. c. The calculation shall include reasonable housing costs, which includes, but not limited to, principal and interest, property taxes and assessments, property insurance, property maintenance and repairs, Homeowners' Association fees, additional district fees (if applicable), and an allowance for utilities based on the current Utility Allowance Schedule, published by the Encinitas Housing Authority d. Actual financing to be obtained by any prospective homebuyer shall be a fixed rate loan fully amortized over thirty years. ii. Prior to opening escrow, the sale price of the UNIT shall be approved by the DIRECTOR. C. ADDITIONAL REQUIREMENTS I. At the time of initial sale, HOMEBUYER HOUSEHOLD shall execute a new Affordable Housing Agreement with the CITY in accordance with Encinitas Municipal Code 30.16.020(C)(9). ii. HOMEBUYER HOUSEHOLD shall submit a report to the DIRECTOR at initial occupancy and annually thereafter, on a form prescribed by the DIRECTOR. The report shall certify that the HOMEBUYER HOUSEHOLD occupies the UNIT as their primary residence. The HOMEBUYER HOUSEHOLD shall provide source documentation verifying the occupancy status of the HOMEBUYER HOUSEHOLD. City of Encinitas-Affordable Housing Agreement 5 D. NOTICE TO CITY. HOMEBUYER HOUSEHOLD agrees that it will give the CITY notice of any prospective transfer, sale, or conveyance of the PROPERTY not less than forty five (45) days before the proposed sale, transfer, or conveyance by personal delivery of a notice at the address set forth for the CITY in paragraph 16 of this HOUSING AGREEMENT. Time is of the essence. E. LEASE OF PROPERTY PROHIBITED. During the term of this HOUSING AGREEMENT, HOMEBUYER HOUSEHOLD shall not rent or sublet the PROPERTY, or any part thereof, to any person and/or entity. Provided however, the CITY may grant temporary waivers of this requirement in the event of hardship affecting HOMEBUYER HOUSEHOLD, such as illness in the family, military deployment or re-assignment, need to relocate to obtain employment, and the like. F. TRANSFER, CONVEYANCE OF PROPERTY RESTRICTED. The sale, transfer and/or conveyance of the PROPERTY is restricted as follows: i. The PROPERTY may only be sold, transferred or conveyed to a qualified VERY LOW-INCOME HOUSEHOLD. ii. The PROPERTY must be used only as the principal residence of the subsequent purchaser during the time of ownership. HOMEBUYER HOUSEHOLD shall make a good faith effort to obtain a qualified purchaser residing in the City of Encinitas, prior to considering other qualified purchasers. Such effort shall include, but not limited to, local public advertising, listing in local real estate publications, and CITY suggested marketing. The CITY shall determine if a "good faith" effort has been performed. The CITY shall not unreasonably withhold its approval. iii. The sale price to the subsequent purchaser must be at a price that is "affordable to the subsequent purchaser(s)". "Affordable to the subsequent purchaser(s)" is determined through the calculation described in Section 4.6 above. iv. In the event that HOMEBUYER HOUSEHOLD is unable to find, despite good faith efforts to do so, a qualified purchaser to purchase the PROPERTY, HOMEBUYER HOUSEHOLD may sell the PROPERTY to a person other than a qualified purchaser by first offering to sell the PROPERTY to the CITY for a purchase price equal to that determined through the calculation described in Section 4.6 above. The CITY shall accept or reject the offer to sell the PROPERTY to the CITY within thirty (30) days of the date of receipt of the offer to sell. In the event that the CITY declines to purchase the PROPERTY, OWNER may proceed to market and sell the PROPERTY to a non-qualified buyer as described in section 3.F above if the UNIT will be continuously rented to a qualifying VERY LOW INCOME HOUSEHOLD at an affordable rental price as City of Encinitas-Affordable Housing Agreement 6 calculated in Section 5.6 below. At the time of said sale, the subsequent owner shall execute a new Affordable Housing Agreement with the CITY. Upon a showing of hardship by the HOMEBUYER HOUSEHOLD to the CITY in writing, the CITY may waive any one or combination of the following: the resale restrictions, the HOMEBUYER HOUSEHOLD's obligation to sell to the CITY. V. Notwithstanding the foregoing, the following limited circumstances are acknowledged by the CITY to be permitted transfers: a) the transfer results from the death of a spouse, and the transfer is to the surviving spouse who is also a member of the HOMEBUYER HOUSEHOLD. b) a transfer to a spouse when the spouse becomes, by such a transfer, a co-owner of the PROPERTY; c) a transfer of the PROPERTY resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree and by which a spouse who is already an OWNER becomes the sole owner of the PROPERTY; and/or d) a transfer by the OWNER to an inter vivos trust in which the OWNER is the sole current beneficiary. vi. A transfer of the PROPERTY in accordance with the terms hereof must be accompanied by a recordable assignment and assumption of this HOUSING AGREEMENT executed by the transferee. 4. OPTION TO RENT A. QUALIFICATION OF ELIGIBLE TENANT HOUSEHOLD i. The UNIT shall only be rented to a qualifying VERY LOW-INCOME HOUSEHOLD ii. The OWNER shall verify the income of all adult members of any proposed TENANT HOUSEHOLD. For the purposes of determining the TENANT HOUSEHOLD annual gross income, all adult (18 years of age and over) members of household shall provide recent (within one-year) source documentation to verify income. Source documentation includes, but is not limited to tax returns, paystubs, wage statements, W2s, bank statements, social security documents, and employment verification. iii. OWNER shall provide CITY with TENANT HOUSEHOLD'S recent income qualifying source documentation, including, but not limited to, tax returns, W2's, paystubs, social security statements, bank statements, etc. The CITY may require additional documentation to verify eligibility. DIRECTOR shall confirm or deny eligibility based on the documentation provided. City of Encinitas-Affordable Housing Agreement 7 B. CALCULATION OF AFFORDABLE RENTAL PRICE i. The maximum monthly rent of UNIT shall be calculated in accordance with California Health and Safety Code Section §50053 and Title 25 of the California Code of Regulations, Section 6918 (or successor provision), and, in accordance with these provisions, shall result in housing cost that does not exceed 30 percent of 50 percent of AREA MEDIAN INCOME, adjusted for assumed household size. ii. No additional fees or charges shall be assessed to the TENANT HOUSEHOLD in excess of the affordable rent. iii. An allowance for tenant-paid utilities shall be deducted from the maximum affordable rent. The OWNER shall only use the most current Utility Allowance Schedule, published by the Encinitas Housing Authority. iv. The DIRECTOR shall approve the maximum rental rate for the UNIT, including the applicable utility allowance. C. MANAGEMENT AND MAINTENANCE i. OWNER shall maintain tenant files containing information on the household income and the source documentation used by OWNER to determine household income. Said files shall be maintained for a period of three years from the termination of any tenancy. Upon written request, OWNER shall allow the CITY access to review tenants' files and financial records for compliance with this HOUSING AGREEMENT. a. OWNER shall re-certify the TENANT HOUSEHOLD's income eligibility every twelve months. If, upon recertification of TENANT HOUSEHOLD's income, the OWNER determines that TENANT HOUSEHOLD's income exceeds the income for a VERY LOW INCOME HOUSEHOLD, but the TENANT HOUSEHOLD's income does not exceed AREA MEDIAN INCOME, adjusted for household size, then the RENT may be increased to 30 percent of the TENANT HOUSEHOLD's actual income, on the later of the expiration of the TENANT HOUSEHOLD's lease or upon 90 days written notice to the TENANT HOUSEHOLD. In the event that the TENANT HOUSEHOLD's income exceeds AREA MEDIAN INCOME, adjusted for household size, then the TENANT HOUSEHOLD shall be given written notice that the TENANT HOUSEHOLD must vacate the UNIT on the later of the expiration of the TENANT HOUSEHOLD's lease or upon 90 days written notice to the TENANT HOUSEHOLD. b. TENANT HOUSEHOLD shall enter into a written occupancy agreement or lease with the OWNER. OWNER shall use the standard lease form published by the California Apartment Association or other form approved by the DIRECTOR that shall incorporate the provisions contained in Section 5.C.i.a above. City or Encinitas-Affordable Housing Agreement 8 ii. Prior to the occupancy of the UNIT, the OWNER shall provide a copy of the occupancy agreement or lease to the CITY for review and approval. iii. Leases and the landlord-tenant relationship shall be subject to California law and the provisions of this HOUSING AGREEMENT. The OWNER shall establish reasonable rules of conduct and occupancy that comply with state and local laws and regulations. a. OWNER is responsible to maintain the leased UNIT in a habitable condition and in good repair at all times. OWNER is responsible for maintenance costs, including all repairs, corrections and replacements necessary to maintain and preserve the UNIT in a safe and sanitary condition in accordance with the U.S. Department of Housing and Urban Development's (HUD) Housing Quality Standards (HQS) and State Law. Upon written request by the CITY, the OWNER shall provide DIRECTOR or representative with access to inspect the UNIT for compliance with this section. Failure by the OWNER to maintain the UNIT shall constitute a violation under this HOUSING AGREEMENT. b. OWNER shall obtain, and at all times during the term of this HOUSING AGREEMENT shall maintain policies of general liability and property damage insurance from an insurance company authorized to be in business in the State of California. The property damage insurance shall be in an amount sufficient to replace the UNIT in the event of fire or other major damage. OWNER may self-insure, with the prior written approval of the DIRECTOR c. OWNER may contract with a management agent for the performance of the services or duties. However, such an arrangement does not relieve the OWNER of responsibility for proper performance of these duties. OWNER shall notify the CITY in writing within 30 days of any change of property management of the UNIT. iv. OWNER shall make a good faith effort to expeditiously re-rent the UNIT whenever it becomes vacant. In the event the UNIT is vacant for a period of more than thirty (30) days, the OWNER shall notify the CITY. If available, CITY shall provide OWNER with a list of eligible households seeking rental housing. CITY can extend the affordable housing restriction period, if the UNIT is not continuously rented (i.e., vacancies of more than 30 days). D. ANNUAL MONITORING OWNER shall submit a report to the DIRECTOR at initial occupancy and annually thereafter, on a form prescribed by the DIRECTOR. The report shall include information on the household occupying the UNIT, household income, and the amount of rent collected. Whenever requested by the CITY, the OWNER shall provide source documentation demonstrating the qualified status of the household. City of Encinitas-Affordable Housing Agreement 9 5. NON-DISCRIMINATION OWNER shall not discriminate against any prospective tenant or homebuyer on the basis of race, color, religion, sex, national origin, familial status, disability or other individuals protected under state and federal fair housing law. 6. CERTAIN ACTS PROHIBITED OWNER shall not make any sale, encumbrance (except for a purchase money first Deed of Trust associated with mortgage financing), assignment or conveyance, or transfer in any other form, of the PROPERTY or of its entire interest therein other than in accordance with the terms of this HOUSING AGREEMENT. 7. VIOLATION OF REGULATORY AGREEMENT BY THE OWNER In the event of the violation of any of the provisions of this HOUSING AGREEMENT by the OWNER, the CITY may give written notice thereof to the OWNER by registered or certified mail addressed to the OWNER at the address stated in Section 16 below, or to such other address as may have been designated by the OWNER, and if such violation is not corrected to the satisfaction of the CITY within thirty (30) days after the date such notice is mailed (or within such further time as the CITY, in its reasonable discretion, may permit), the CITY may, without further prior notice, declare in writing a default under this HOUSING AGREEMENT effective on the date of such declaration of default, and upon any such declaration of default the CITY may apply to any court, state or federal, for specific performance of this HOUSING AGREEMENT; for an injunction against any violation by the OWNER of this HOUSING AGREEMENT; for the appointment of a receiver to take over and operate the UNIT in accordance with the terms of this HOUSING AGREEMENT; or for such other relief as may be appropriate, it being agreed by the OWNER that the injury to the CITY arising from a default under any of the terms of this HOUSING AGREEMENT would be irreparable and that it would be extremely difficult to ascertain the amount of compensation to the CITY which would afford adequate relief, in light of the purposes of DENSITY BONUS LAW. 8. AMENDMENT. This HOUSING AGREEMENT shall not be altered or amended except by writing executed between the parties. 9. SEVERABILITY. In the event that any provision or covenant of this HOUSING AGREEMENT is held by a court of competent jurisdiction to be invalid or unenforceable, then it shall be severed from the remaining portions of this HOUSING AGREEMENT, which shall remain in full force and effect. 10. BINDING ON SUCCESSORS. This HOUSING AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the OWNER and the heirs, personal representatives, City of Encinitas-Affordable Housmg Agreement 10 grantees, tenants, successors-in-interest or assigns of the owners. This HOUSING AGREEMENT shall bind, and the benefits thereof shall inure to, the respective parties hereto, their legal representatives, executors, administrators, successors in the office or interest, and assigns; provided, however, that the OWNER may not assign this HOUSING AGREEMENT or any of its obligations hereunder, voluntarily or by operation of law, without the prior approval of the CITY, excluding an assignment to an affiliate. As used herein, "affiliate" means any entity in which OWNER holds an ownership interest, or any person or entity that holds an ownership interest in the PROPERTY. 11. GENDER. The use of the plural in this HOUSING AGREEMENT shall include the singular and the singular shall include the plural; and the use of one gender shall be deemed to include all genders. 13. ELECTION OF REMEDIES: EVENT OF DEFAULT. The remedies of the CITY hereunder or under any other instrument providing for or evidencing the financial assistance provided herein are cumulative, and the exercise of one or more of such remedies shall not be deemed an election of remedies and shall not preclude the exercise by the CITY of any one or more of its other remedies. 14. WAIVER. No waiver by the CITY of any breach of or default under this HOUSING AGREEMENT shall be deemed to be a waiver of any other or subsequent breach or default hereunder. 15. GOVERNING LAW. This HOUSING AGREEMENT shall be construed in accordance with and governed by the laws of the State of California. 16. NOTICES. Written notices and other written communications by and between the parties hereto shall be addressed as follows unless and until a party hereto has in writing, communicated a different address to the other party hereto. CITY OWNER City of Encinitas Kenneth L. Reed 505 S. Vulcan Ave. Owner Encinitas, CA 92024 1199 Barton Peak Drive Attn: Management Analyst Chula Vista, CA 91913 City of Encinitas-Affordable Housmg Agreemenl 11 IN WITNESS WHEREOF, OWNER has executed this HOUSING AGREEMENT as of the day and year first above written. OWNER Kenneth L. Reed, a married man as his sole and separate property By: Date: to 16 (2,0 20 Kenn eed, Owner (Notarization of signature must be attached) CITY City of Encinitas, a municipal corporation n By: Date: Pamela Antil, City Manager (Notarization of signature must be attached) APPROVED AS TO FORM: 6#4§�La� 10/14/2020 Leslie Devaney, City Aftdmey Date City of Encinitas-Affordable Housing Agreement 12 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 �v ) — County of r ) CA On �D 4 before me, , Date / yere Ins Na a Title of the Ofcer personally appeared �t G Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the p r n(s) whose name( is are spfi�cribed to the within instrument and ackn�ged to me that he/ ey executed the same in ((pI er/their authorized capacity(ies),and that b erAheir signature(s)on the instrument the person(s), the entity upon behalf of which the person(s ted, 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. CATHERINE R.AGUINALDO WITNESS my hand and official seal. � COMM. #2165238 � � p idOTARV PUBLIC-CALIFORNIA � Ul SAN OIE00 COUNTY Signature 0,1 ♦ M Commission Expires v Sfignatulre o1r Notary Pub. OCTOBER 17,2020 Place Notary Seal Above 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 Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General •Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact •Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator •Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ALL-PURPOSE 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 ffiao L)�n I SS. On 10-16-ac&D before me � Notary Public, DATE \\ 1 personally appeared �� ��Ck� �n Cl \ who proved to me on the basis of satisfactory evidence to be the persons)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. DEANA GAY coMM.#2206986 D I certify under PENALTY OF PERJURY under the Z SAN DIEGO COUNTY D 4 NOTARY PUBLIC-CALIFORNIAZ laws of the State of California that the foregoing Q MY COMMISSION EXPIRES -' paragraph is true and correct. AUGUST 23,2021 WI S y hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) =E(S) rl ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT E] OTHER: OTHER El SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IFS) THUMOBFPRINT E 0 SIGNER 6 O APA01/2015 NOTARY BONDS,SUPPLIESAND FOPMSATHTTP://WWW.VALLEY-SIERRA.COM ®2005-2019 VALLEY-SIERRA INSURANCE Order Number: DTR-5812366 (CM) Page Number: 8 LEGAL DESCRIPTION Real property in the area of Cardiff by the Sea, City of Encinitas, County of San Diego, State of California, described as follows: PARCEL 1: LOT 2 OF CITY OF ENCINITAS TM14-111, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16239 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON DECEMBER 21, 2017("MAP"),AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED JUNE 18, 2019, AS INSTRUMENT NO. 2019-0238668. RESERVING THEREFROM, ALL EASEMENTS DESCRIBED IN THE DECLARATION (DESCRIBED BELOW), THE MAP AND ALL OTHER EASEMENTS OF RECORD AS OF THE DATE HEREOF; FURTHER RESERVING THEREFROM, FOR THE BENEFIT OF THE ASSOCIATION (DEFINED BELOW), A NON- EXCLUSIVE EASEMENT IN,TO, OVER, UNDER AND ACROSS THAT PORTION OF THE ABOVE REFERENCED LOT DESIGNATED IN THE DECLARATION AS AN ASSOCIATION MAINTENANCE AREA, IF ANY, FOR THE PURPOSE OF MAINTENANCE AND REPAIR,TOGETHER SUCH RIGHTS OF ACCESS NECESSARY TO PERFORM SUCH MAINTENANCE AND REPAIR, AS MORE FULLY PROVIDED IN THE DECLARATION. LLLNCLUDE ONLY FOR LOTS 6 AND 711 FURTHER RESERVING THEREFROM, FOR THE BENEFIT OF THE ASSOCIATION, A NON-EXCLUSIVE EASEMENT IN,TO, OVER, UNDER,THROUGH AND ACROSS THAT PORTION OF THE ABOVE- REFERENCED LOT DESIGNATED IN THE DECLARATION AS A CROSS LOT DRAINAGE EASEMENT AREA, FOR THE PURPOSE OF MAINTENANCE AND REPAIR,TOGETHER WITH SUCH RIGHTS OF ACCESS NECESSARY TO PERFORM SUCH MAINTENANCE AND REPAIR, AS MORE FULLY PROVIDED IN THE DECLARATION. FURTHER RESERVING THEREFROM PARCEL 1 (TO THE EXTENT PARCEL 1 IS DESIGNATED AS A SIDEYARD EASEMENT AREA BURDENED LOT IN THE DECLARATION), A NON-EXCLUSIVE EASEMENT ON, OVER, UNDER,THROUGH AND ACROSS THAT PORTION OF THE LOT DESIGNATED IN THE DECLARATION AS A SIDEYARD EASEMENT AREA, IF ANY, FOR THE BENEFIT OF THE ADJACENT BENEFITED LOT FOR THE PURPOSE OF DRAINAGE, MAINTENANCE, AND REPAIR OF THE IMPROVEMENTS LOCATED THEREIN AND OF THE ADJOINING BENEFITED LOT(S) BY THE OWNERS OF SUCH BENEFITED LOTS, SUBJECT TO THE COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN THE DECLARATION. PARCEL 2: A NON-EXCLUSIVE EASEMENT ON, OVER THROUGH AND ACROSS THAT PORTION OF THE BURDENED LOT LOCATED ADJACENT TO THE BENEFITED LOT DESCRIBED IN PARCEL 1 ABOVE DESIGNATED IN THE DECLARATION AND/OR SUPPLEMENTARY DECLARATION AS A SIDEYARD EASEMENT AREA FOR THE BENEFIT OF THE LOT IDENTIFIED IN PARCEL 1 ABOVE, IF ANY, FOR THE PURPOSES DESCRIBED IN THE DECLARATION, WHICH EASEMENT IS APPURTENANT TO THE LOT DESCRIBED IN PARCEL 1 ABOVE. PARCEL 3: A NON-EXCLUSIVE EASEMENT ON, OVER, UNDER,THROUGH AND ACROSS THAT PORTION OF THE LOT LOCATED ADJACENT TO THE LOT DESCRIBED IN PARCEL 1 ABOVE WHICH HAS THE RIGHT TO USE First American 77tle Order Number: DTR-5812366 (CM) Page Number: 9 THE CROSS LOT DRAINAGE EASEMENT AREA DESIGNATED IN THE DECLARATION AS A CROSS LOT DRAINAGE EASEMENT AREA, IF ANY, FOR THE PURPOSES DESCRIBED IN THE DECLARATION, WHICH EASEMENT IS APPURTENANT TO THE LOT DESCRIBED IN PARCEL 1 ABOVE. PARCEL 4: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR ACCESS, INGRESS AND EGRESS, ON, OVER, UNDER, THROUGH AND ACROSS CERTAIN PORTIONS OF THE ASSOCIATION PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENT IS APPURTENANT TO THE LOT DESCRIBED IN PARCEL 1 ABOVE. APN: 260-580-29-00 FirstAmencan 77tie RECORDING REQUESTED BY: First American Title Company HomeBuilder Services Division WHEN RECORDED MAIL DOCUMENT TO: New Pointe Investment 37, LLC 16880 W. Bernardo Drive # 110 San Diego, CA 92127 Space Above This Line for Recorder's Use Only A.P.N.: 260-580-29-00 File No.: DTR-5812366 (dm) Property Address: 1412 Mackinnon Avenue, Encinitas, CA 92007 Substitution of Trustee and Full Reconveyance Title of Document (X ) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner- occupier per GC 27388.1 (a) (2). ( ) Maximum fee of$225 has been reached per GC 27388.1 (a) (1). ( ) Not related to real property GC 27388.1 (a) (1). ( )Transfer of real property subject to the imposition of Documentary Transfer Tax -GC 27388.1 (a)(2) O Transfer of real property that is a residential dwelling to an owner-occupier- GC 27388.1 (a)(2) ( ) Exempt from fee under GC 27388.1 due to being recorded in connection with a transaction that was subject to documentary transfer tax which was paid on document recorded as Document No. of Official Records ( ) Exempt from fee under GC 27388.1 due to the maximum fees having been paid on document(s) recorded as Document No. of Official Records ( ) Exempt from fee under GC 27388.1 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 as document No. of Official Records. ( ) Exempt from fee under GC 27388.1 for the following reasons: THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies)