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2021-323225 DOC# 2021-0323225 I IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FEE FOR RECORDING Apr 27, 2021 02:55 PM PURSUANT TO GOV. CODE SECTION OFFICIAL RECORDS (jLY 27383 Ernest Dronenburg. Jr, SAN DIEGO COUNTY RECORDER Recording Requested By: FEES. $0.00 (SB2 Atkins. $0.00) PAGES 4 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. 260-131-02-00 AFFORDABLE HOUSING AGREEMENT (Density Bonus & Inclusionary) This Affordable Housing Agreement (hereinafter the "HOUSING AGREEMENT") is made and entered into and is effective as of this 5th day of April, 2021 by and between the City of Encinitas, a municipal corporation (hereinafter the "CITY"), and Warmington E14 Associates, LLC, a California limited liability company (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 18-001 TMDB/DR/CDP by Planning Commission Resolution (Resolution No. PC 2019-24) on August 1, 2019, and by City Council Resolution (Resolution No. CC 2019-78) on appeal on September 11, 2019. As part of the Tentative Map application, the OWNER has sought and agreed to construct one (1) unit (9% 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)". 1 r ' Said certifications shall be made in writing in a form acceptable to the City of Encinitas Development Services Director. 20. RELEASE OF PROPERTY FROM DECLARATION. At DECLARANT's request, 13 lots within TM 18-001 TMDB/DR/CDP, except the AFFORDABLE UNIT PROPERTY, shall be released from the burdens of this Declaration when a certificate of occupancy is approved for the AFFORDABLE UNIT. ACCEPTED AND AGREED DECLARANT Warmington E14 Associates, LLC BY: WRG BUILDER V, L.P., a California limited partnership, its Manager BY: WARMINGTON RESIDENTIAL CALIFORNIA, INC., a California corporation, its General Partner By: Date: ichael Riddlesperger, Chief Financial Officer (Notarization of signature must be attached) ACCEPTED CITY OF ENCINITAS By: UV Date: � I ' A Rd a' i As ista t D ector (Notarization not required) 5 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 Orange ) On 2/26/2021 before me, J•Cresap, Notary Public (insert name and title of the officer) personally appeared Michael Riddlesperger 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/she4hey executed the same in his/her/their authorized capacity(ies)-, and that by his/he•'g#w-r signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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. WITNESS my hand and official seal. J.CaE6AP Notary Public•Caaornia Om OrangeCounty Commission R 2J41651 4uaq-� y Comm.Expires Jan 16,202f Signat (Seal) Description of Attached Document: Date: EXHIBIT A LEGAL DESCRIPTION THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST S.B.M., ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881. APN: 260-131-02-00 6