Affordable Housing Agreement
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RECORDING REQUESTED BY:
City of Chula Vista
AND WHEN RECORDED MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Attn: City Clerk
No fee for recording pursuant to
Government Code Section 27383
THIS SPACE ABOVE FOR RECORDER’S USE
AFFORDABLE HOUSING AGREEMENT
[OTAY RANCH VILLAGE EIGHT EAST]
This Inclusionary Affordable Housing Agreement ( “Agreement”) is made as of _______________, 2025, by and between HOMEFED VILLAGE 8E, LLC, a Delaware limited liability company (“Developer”), and the CITY OF CHULA VISTA , a California chartered municipal corporation (“City”), with reference to the following facts:
A. The Housing Element of the City of Chula Vista’s General Plan contains the City’s “Balanced Communities Affordable Housing Policy ,” which requires that residential developments meeting specified criteria provide a minimum of 10% of the total dwelling units to low and moderate-income households, with at least one half of those units (5% of project total units) being designated for low-income households (the “Affordable Housing Obligation”).
B. The Balanced Communities Affordable Housing Policy was codified , in amended form, as Chula Vista Municipal Code (“ CVMC”) Chapter 19.91 (Inclusionary Housing), pursuant to Ordinance 3572, adopted on May 28, 2024. CVMC Chapter 19.91 establishes that ten percent (10%) of each residential development of twenty (20) or more units be designated as affordable to low and moderate -income households, including five percent (5%) designated for low - income households and five percent (5%) for moderate-income households.
C. Developer is the owner of certain real property located in the City of Chula Vista and generally known as Otay Ranch Village Eight East, as shown on Exhibit “A” (referred to herein as “Village 8 East” or the “Project”). The Project is more particularly described in Exhibit “B” (“Legal Description”) which is attached hereto and incorporated herein by this reference.
D. On December 2, 2014, the City approved the Otay Ranch Village 8 East Sectional Planning Area Plan (“SPA Plan ”) for the Project by Resolution Number 2014-235 as modified on February 18, 2020, pursuant to Resolution No. 2020-036 and as modified on May 14, 2024, pursuant to Resolution No. 2024 -082. On May 14, 2024, the City also approved the Otay Ranch Village 8 East Affordable Housing Program and the Tentative Map for Otay Ranch Village 8 East, Chula Vista Tract No. 22-005 (“Tentative Map”).
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E. Resolution No. 2024 -082, Condition Number 28 requires that Developer enter into an affordable housing agreement with the City prior approval of Developer’s first Final Map for Village 8 East, for purpose of further implementing the Affordable Housing Obligation for the Project, as such affordable housing obligation is defined in the Affordable Housing Program portion of the SPA Plan. The SPA Plan further required that the affordable housing agreement be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village 8 East Affordable Housing Program. The SPA Plan authorizes the construction of approximately 3,276 multi-family residential units within the Project , with a requirement for five percent of these uni ts being designated for low -income households and five percent for moderate -income households, amounting to 164 low-income and 164 moderate-income units at the above approved build -out; however, the Affordable Obligation may change based upon final build-out of the Project.
F. This Agreement represents the Affordable Housing Agreement and shall be executed and recorded against Village 8 East prior to approval of the first Final Map in Village 8 East.
G. The Tentative Map and other approvals contemplate that 3,276 residential units will be developed as part of the Project , with a corresponding affordable housing obligation of 328 affordable housing units (consisting of 164 low income units and 164 moderate income units) for the Project. Should Developer build in excess of 3,276 residential units, then Developer’s Affordable Housing Obligation (as defined below) shall be modified accordingly, as set forth in Section 2(a)(3) [Additional Affordable Housing Units].
H. HomeFed Otay Land II, LLC, Delaware limited liability company, Otay Land Company, LLC, a Delaware limited liability company, and the City entered into the Affordable Housing Transfer Agreement (the “ Village 8 Transfer Agreement ”) dated as of December 6, 2 016 (Document No. 2016-0700047). Pursuant to the Village 8 Transfer Agreement, the obligation to provide 64 Low-Income and 33 Moderate-Income Housing units were transferred from Village 3 to Village 8 (collectively Village 8 West and Village 8 East) (“2016 Transferred Village 3 Affordable Units”).
I. HomeFed Otay Land II, LLC, a Delaware limited liability company, and the City entered into the Village 8 East Affordable Housing Transfer Agreement ( the “Village 8 East Transfer Agreement”) dated as of August 23, 2022 (Document No. 2023-0171698). Pursuant to the Village 8 East Transfer Agreement , the obligation to provide 19 Low-Income and 19 Moderate-Income Housing units was transferred from Village 3 to Village 8 East (“2022 Transferred Village 3 Affordable Units”).
J. Otay Affordable I V8, L.P., a California limited partnership, and the Chula Vista Housing Authority entered into a Regulatory Agreement and Declaration of Restrictive Covenants dated as of December 1, 2020 (Document No. 2020 -0817951) for the construction of an affordable housing project within Village 8 West consisting of 122 low income units (including the two on-site manager/maintenance staff units), and 53 Very Low-Income units (the “Meta Project”).
The Met a Project satisfied the obligation associated with the 2016 Transferred Village 3 Affordable Units and partially satisfied the remaining affordable housing obligation for Village 8 West , resulting in a remaining obligation to provide 68 Moderate -Income Housing units within Village 8. Developer, HomeFed Village 8 West, LLC and the City are entering into a 2024 Village 8 Affordable Housing Transfer Agreement (the “ 2024 Village 8 East Transfer
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Agreement”). Pursuant to the 2024 Village 8 East Transfer Agreement , the obligation to provide such 68 Moderate-Income Housing units will be transferred from Village 8 West to Village 8 East (“2024 Transferred Village 8 West Affordable Units ”). Upon recordation of the 2024 Village 8 East Transfer Agreement, the affordable housing obligations for Village 8 West will be satisfied.
K. The Developer’s total affordable unit obligation within Village 8 East is summarized in Table 1: Developer’s Affordable Housing Obligation.
Table 1: Developer’s Affordable Housing Obligation
Affordable Units
Reference
Low-
Income
Moderate-
Income Total
Village 8 East Affordable Housing
Obligation 164 164 328
Village 8 West Remaining Affordable
Housing Obligation 68 68
Village 8 East Transfer Agreement 19 19 38
TOTAL 183 251 434
NOW THEREFORE, in consideration of the mutual promises described herein, and other good and valuable consideration, the parties agree as follows:
1. Definitions. Unless otherwise indicated, for purposes of this Agreement, the following terms shall mean:
a. “Affordable Housing Cost ” shall hav e the meaning set forth in CVMC Section
19.91.030.
b. “Affordable Rent” shall have the meaning set forth in CVMC Section 19.91.030. c. “Affordable Unit” means a unit restricted via a Regulatory Agreement, as defined below, at an Affordable Rent or Affordable Housing Cost to persons or families of low or moderate income, as defined in California Health and Safety Code Section 50093. d. “Developer’s Affordable Housing Obligation ” means, collectively, (i) Developer’s Village 8 East Affordable Housing Obligation, which is calculated based upon the total number of units authorized within Village 8 East as set forth in the Village 8 East SPA Plan with the actual requirements to be adjusted based on the total number of residential units in the Project as shown on the rec orded Final Map(s) for the Project ; (ii) Developer’s obligation to provide 19 Low-Income and 19 Moderate-Income Housing units at the Project p ursuant to the 2022 Village 3 Transfer Agreement ; and (iii) Developer’s obligation to provide 68 Moderate Income Units pursuant to the 2024 Village 8 East Transfer Agreement.
e. “Low Income Household” has the meaning set forth in California Health and Safety Code Section 50079.5.
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f. “Low Income Unit” means a housing unit which is restricted at an Affordable Rent or Affordable Housing Cost to a Low Income Household.
g. “Moderate Income Household” shall have the same meaning as “persons and families of moderate income” in California Health and Safety Code Section 50093. h. “Moderate-Income Unit” means a housing unit which is restricted at an Affordable Rent or Affordable Housing Cost to a Moderate Income Household. i. “Regulatory Agreement” means a City-approved agreement or other similar binding instrument executed by the City and Developer imposing certain covenants, terms, and conditions on a property within Village 8 East relating to the acquisition, construction, equipping, operation, a nd occupancy of a residential development providing Affordable Units in full or partial fulfillment of this Agreement and the Affordable Housing Program portion of the SPA Plan. Such restrictions shall be recorded against that real property containing the Affordable Units, senior to all monetary liens other than the lien of real property taxes, special taxes and assessments, as covenants running with land, and shall be enforceable by the City and/or Chula Vista Housing Authority against the applicable Developer and all future owners or successors-in-interest.
2. Duty to Build. Developer’s Affordable Housing Obligation shall be satisfied with respect to the Project if the following conditions are met: (a) Developer constructs, equips, and operates all of the Low-Income and Moderate-Income Housing units required by this Agreement , in compliance with the schedule set forth in Section 2.a below; (b) Developer records Regulatory Agreements against the portions of the Project which will satisfy the Affordable Hous ing Obligation; or (c) if applicable, Developer, meets its obligation through an alternative method of compliance as set forth in Section 4 below.
a. Schedule for Implementing the Affordable Housing Obligations . Developer shall provide the Low -Income and th e Moderate -Income Housing units pursuant to the following schedule:
1. Village 8 East Regulatory Agreement required . Prior to approval of the first Final Map in Village 8 East, this Agreement or a Regulatory Agreement shall be duly executed by the City and Developer and recorded against the Project, senior to all monetary liens other than the lien of real property taxes, special taxes and assessments . Developer’s Affordable Housing Obligation may also be transferred to Village 9 or Village 10, subject to City approval.
2. Commencement of Village 8 East Initial Affordable Housing Unit Construction. Prior to the issuance of the building permit for the 1,966th residential production unit to be constructed within the Project, Developer shall commence constructio n of 60 percent of the total number of qualified Low -Income and Moderate -Income Housing units (110 units and 151 units, respectively) (“Village 8 East Initial Affordable Units ”). Commencement of construction shall mean the Developer has obtained a building permit for that first building providing units affordable to and restricted for occupancy by low income households. Construction of the remaining number of required Low-Income and Moderate-Income Housing units (73 units and 100 units respectively) shall commence prior to the City’s issuance of the building permit for the 3,276th production unit to be constructed within the Project (“Village 8 East Final Phase”).
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Developer shall thereafter diligently pursue completion of construction of the aforementioned Low-Income and Moderate-Income Housing units, with construction to be completed no later than two (2) years from the date of issuance of the first building permit for such Low-Income and Moderate-Income Housing units.
3. Additional Affordable Housing Units . Prior to the issuance of the building permit for the residential unit representing the 3,277th residential production unit to be constructed within the Project, Developer shall commence construction of any additional (above the 434 identified in the above paragraph) qualified Low-Income or Moderate-Income Housing units required of Village 8 East. Commencement of construction shall mean the Developer has obtained a building permit for that building providing units affordable to and restricted for occupancy by low and moderate-income households.
Upon issuance of temporary certificates of occupancy for the Village 8 East Initial Affordable Units , if not previously released, a partial release shall be recorded releasing 1,966 of the residential product units to be constructed within the Project from the burden of this Agreement . Upon issuance of temporary certificates of occupancy for the remaining affordable housing units within the Project, if not previously released, the Project shall be released of the burden of this Agreement as specified in Section 10 below.
a. Progress report. Every twelve (12) months, Developer shall provide the City with a report documenting progress made toward meeting Developer’s Affordable Housing Obligation, including identification of sites, financing, and submittal of entitlement applications for the Affordable Units, in a form to be determined by the City Manager , or designee . No further reports shall be required upon satisfaction of this obligation.
b. Completion of Construction. For purposes of this Agreement, construction shall be deemed complete upon issuance of a temporary certificate of occupancy for the applicable Affordable Units by the City. c. Minor Delays. The thresholds described herein for comm encing construction of Affordable Units are based upon the current phasing proposals for the Project as shown on the Tentative Map. City and Developer acknowledge that changes to the Project may be required from time to time which could have a minor or insubstantial impact on the timing of con struction of the Affordable Units .
Accordingly, changes to the Project that could result in a delay in the construction of such units may, in the City ’s sole discretion, be considered minor or insubstantial by the City Manager or designee and made without amendment to this Agreement. In addition, if Developer is delayed for unexpected or unforeseen reasons and which are beyond its reasonable control, the schedule above may be extended to the extent of such delay, upon approval of the Development Services Director. All other changes shall require a written amendment to this Agreement.
3. Incentive Credit. The City has a greater need for housing affordable to very low and low - income households. Therefore, to encourage Developer to provide for these household s, the
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City will reduce Developer’s Affordable Housing Obligation, when the Developer provides Affordable Housing Units for very low or low -income households. Developer’s Affordable Housing Obligation set forth in Section 2 of this Agreement will be reduced as set forth in Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing).
4. Transfer or Sale to Third Party . If Developer sells portions of Village 8 East that include a residential development providing Affordable Housing to any third party, then either such third party will enter into a Regulatory Agreement or Developer and such third parties shall each be a Developer under this Agreement. The Affordable Housing Obligation of each Developer shall, subject to City approval, be allocated to each Developer based upon the total number of Affordable Housing residential units to be constructed within each Developer’ s ownership interest. Such obligation will be satisfied by each Developer implementing the requirements set forth in this Agreement. The City may require an additional agreement with the added Developer to effectuate this Agreement. The obligations of e ach Developer will be separate so that no default under this Agreement by any Developer will affect any other Developer or the property owned by such other Developer, except that the City will have the right to withhold the issuance of building permits as expressly provided in this Agreement.
5. Alternative Methods of Compliance. The City shall allow Developer to fulfill fifty percent (50%) of its Affordable Housing Obligation in accordance with CVMC Section 19.91.080 A. (“Inclusionary Units Provided Off Site”). Any requests by Developer to fulfill a portion of its Affordable Housing Obligation in accordance with other subsections of CVMC 19.91.080 (“Alternative compliance”) shall be considered by the City in its sole discretion.
6. Duty to Identify . This Agreement identifies potential sites for the construction of both the Low-Income and Moderate-Income Housing within Village 8 East, as depicted on Exhibit C, Potential Affordable Housing Sites. Efforts shall be made to identify sites for Affordable Units close to existing and proposed public transit facilities and services, community facilities and services, employment opportunities and in locations that are compatible with adjacent land uses. Efforts shall also be made to avoid concentrating affordable si tes. Identification of potential target sites in this Agreement describes one way in which the Affordable Housing Obligation might be met and is not meant to require that affordable units be constructed on any specific sites nor to preclude other alternatives, including those methods referenced in Section 3 above. A final determination as to the location and type of affordable housing site s will occur with subsequent entitlements, approvals and agreements. The City agrees that the Affordable Housing Obligations may be met through any combination of for sale and/or rental units for Low and Moderate Income Housing.
7. Duty to Implement Affordable Housing Program. Developer shall cause the Affordable Units to be developed, marketed, and rented in accordance with CVMC Chapters 19.93 and 19.94, as applicable., and the Project’s Sectional Planning Area (SPA) Affordable Housing Program, as they may be adopted and amended from time to time, the terms and conditions of which are hereby incorporated by this reference. In the event that there is an inconsistency between this Agreement and the City’s affordable housing policies, this Agreement shall control.
8. Demand to Build. Notwithstanding the provisions of Section 2 of this Agreement, if the City reasonably believes that Developer will not reach the building permit thresholds described in Section 2 (which would trigger the construction of the Low Income Housing units) or that
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Developer will not complete construction of the Low -Income and/or Moderate -Income Housing units, the City shall have the right to demand that Developer construct a proportional amount of Low-Income and/or Moderate-Income Housing units relative to the total number of residential building permits that have been iss ued for the Project. The City shall provide Developer with the written demand to construct the units which written demand shall include a reasonable period of time for Developer to commence construction of said units. Developer shall complete constructio n of the Low -Income and/or Moderate-Income Housing units, as required by this paragraph, within two years of the commencement of construction of the units so demanded, subject to extension for delay ’s that are unexpected or unforeseen and beyond Developer’s reasonable control. The duty to build contained in this paragraph is non - cumulative to the duty in Section 2 with the City providing Developer with the appropriate amount of credit for completed construction.
9. Right to Withhold Permits . The City has the absolute and unfettered right to withhold the issuance of any building permit for any residential unit within the Project that has not been released in accordance with Section 10 herein if the Developer of that residential development is not in compliance with the terms and/or obligations of this Agreement, and if, after issuance of such permit, the total number of building permits issued for residential production units constructed within the Project would exceed 1,966 prior to commencement of construction on the Village 8 East Initial Affordable Units or other affordable housing units (subject to adjustment of such building permit thresholds pursuant to Section 7).
10. Development Permits, Maps and Documents. Developer shall at its sole expense, cause the preparation and diligent processing of all permits, agreements, plans, maps , and other documents, including but not limited to, market strategy plans, design development plan, and any amendments to the Project ’s General Development Plan and Section Planning Area Plan that may be necessary to meet the Developer’s Affordable Housing Obligation in the time frames set forth herein, or shall cause such actions to occur. City and Developer agree to cooperate with each other in processing permi ts for the Developer’s Affordable Housing Obligation. Any unreasonable delay caused by City in this regard that is not caused by the fault of Developer shall not be a default hereunder, and the implementation schedule may be extended for a reasonable numb er of permits based upon recent absorption over a period of time equal to such delay, provided that Developer has used, and continues to use, its best efforts to cause the Developer’s Affordable Housing Obligation to be completed in a timely manner.
11. Release.
a. This Agreement shall run with the Project and bind any future owner to the Developer’s Affordable Housing Obligation. If Developer transfers any portion of the Project that is subject to the burden of this Agreement, the City, at its sole discret ion, may release the portion so transferred of the burden of this Agreement as to such transferred portion, if the Development Services Director determines that : 1) such portion has complied with the requirements of this Agreement; or 2) other land within Village 8 East will accommodate Developer’s duty to satisfy the Developer’s Affordable Housing Obligation.
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b. Upon the sale of any individual unit to a homebuyer, the parties agree that such unit shall be automatically released from the provisions of this Agreement. Such release shall not limit or modify in any way Developer’s obligations hereunder. c. City further agrees to timely consider any request for release by Developer pursuant to (a) above. If any such release is granted, Developer and City shall identify other sites to accommodate the affordable housing units in place of the sites originally identified and subsequently released of such burden. Said amendment shall be completed administratively and shall require no further action by the City Council and/or Chula Vista Housing Authority.
d. In the event that a parcel is requested to be released pursuant to the provisions of paragraphs (a) or (b) above, the parties agree to execute and record such documentation as is reasonably required by a reputable title insurance company, Owner, Developer or its assignee; City shall have no responsibility for any costs resulting from such release. e. Upon the recordation of a City -approved Regulatory Agreement imposing affordable housing covenants, this Agreement shall no longer be applicable to the Project to the extent of the obligations set forth in such Regulatory Agreement and the recordation of a Regulatory Agreement shall operate to automatically release the Project from the terms hereof to the extent of the obligations set forth in such Regulatory Agreement. In addition, upon payment to the City of the applicable in lieu housing fee for any part of the Project, the provisions of this Agreement shall no longer be applicable to the extent of such payment. Upon the recordation of City -approved Regulatory Agreement(s) imposing affordable housing covenants for all of the Developer’s Affordable Housing Obligation, this Agreement shall no longer be applicable to the Project and shall terminate. f. The release of a portion of the Project from the terms of this Agreement shall in no way alter the obligations of Developer under this Agreement with respect to other portions of the Project, which shall continue in full force and effect until such time as Developer satisfies, in full, Developer’s obligation hereunder.
12. Subordination and Notice.
a. Subordination. This Agreement shall be recorded against the Project senior to all monetary liens other than the lien of real property taxes, special taxes and assessments .
Developer shall enter into subordination agreements with all existing lien holders having any interest in the Project, if any, to ensure that the provisions of this Agreement bind such lien holders should they take title to all or part of the Project through quitclaim deed, sale, foreclosure or any other means of transfer of the Project. Developer shall deliver to the City the fully executed subordination agreements in a form acceptable to the City Attorney and suitable for recording on or before the issuance of t he first building permit for the Project if any deeds of trust or mortgages that are senior to this Agreement encumber Village 8 East at that time.
b. Notice. Developer shall provide written notice of the terms of this Agreement (which could be a copy of this Agreement) to all purchasers and potential purchasers of real property within the Project, excluding however, a buyer of an individual housing unit.
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13. General Provisions.
a. Authority of Signatories. The individuals signing this Agreement on behalf of the City warrant that (i) he or she is duly authorized to sign and deliver this Agreement on behalf of the City in accordance with a duly adopted resolution of the City Coun cil of the City and (ii ) this Agreement is binding upon the City in accordance with its terms. The individuals signing this Agreement on behalf of the Developer warrant that (i ) the individual executing this Agreement on behalf of the Developer is duly authorized to sign and deliver this Agreement on behalf of the Developer, and (ii) this Agreement is binding upon the Developer in accordance with its terms.
b. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be d eemed to be an original, but all of which together will constitute one instrument.
c. Applicable Law. This Agreement will be construed and enforced in accordance with the laws of the State of California. The venue for any and all causes of actions or claims shall be the state or federal court, as applicable, in San Diego County closest to the City of Chula Vista, unless the cause of action or claim is filed by the City of Chula Vista and/or Housing Authority for the City of Chula Vista, in which case the City retains its discretion as to venue or otherwise agreed upon by the City of Chula Vista and/or Housing Authority for the City of Chula Vista.
d. Successors. All terms of this Agreement will be binding upon and inure to the benefit of the parties and their r espective administrators or executors, successors and assigns.
Developer hereby subjects the Project to the covenants, reservations and restrictions set forth in this Agreement. Developer and the City hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer’s successors in title to the Project; provided, however, that on the termination or release of this Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. e. Modifications. No modification, waiver or discharge of this Agreement will be valid unless the same is in writing and signed by the parties to this Agreement. f. Entire Agreement and No Presumption Against the Drafter. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. Furthermore, for purposes of this Agreement, each party waives any rule of construction that requires ambiguities in the Agreement be construed against the drafter. Both parties reviewed and prepared this Agreement. g. Attorney’s fees and costs. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
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entitled to a judgment against the other for an amount equal to reasonable attorney’s fees and court costs incurred. The “prevailing party” shall be deemed to be the party who is awarded substantially the relief sought.
h. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this Agreement.
i. Captions. Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement. j. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego senior to all monetary liens other than the lien of real property taxes, special taxes and assessments.
k. No Third-Party Beneficiary. No claim as a third-party beneficiary under this Agreement by any person, corporation or any other entity, shall be made or be valid against City or Developer(s).
l. Incorporation of Recitals. The recitals set forth herein are part of this Agreement. m. Assignment. The obligations Developer under this Agreement shall not be assigned in whole or in part to any fee owner of all or any portion of Village 8 East , without the express written consent of the City in its reasonable discretion, whose consent shall not be unreasonably withheld or delayed. Any unapproved assignment shall be null and void. n. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.
o. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against the City or the Chula Vista Housing Authority unless a claim has first been presented in writing and filed with the City and the Chula Vista Housing Authority and acted upon by the City and/or Chula Vista Housing Authority in accordance with the procedures set forth in Chapter 1.34 of the Chula Vi sta Municipal Code, as the same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the Chula Vista Housing Authority and/or the City to implement of same. Upon request by the Chula Vista Housing Authority and/or City, Developer shall meet and confer in good faith with the Chula Vista Housing Authority and/or City for the purpose of resolving any dispute over the terms of this Agreement. p. Notices.
Notices under this Agreement shall be in writing and sent (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). All notices shall be delivered to the following addresses:
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City: City of Chula Vista and the Chula Vista Housing Authority 276 Fourth Avenue
Chula Vista, California, 91910
Attention: Director, Department of Housing and Homeless Services
Copy to: City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: City Attorney
Developer: HomeFed Village 8E, LLC
Erin Ruhe, Vice President
1903 Wright Place, Suite 220
Carlsbad, CA 92008
Signature page to
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Village 8 East
SIGNATURE PAGE TO AFFORDABLE
HOUSING AGREEMENT OTAY RANCH
VILLAGE EIGHT WEST
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first written above.
CITY OF CHULA VISTA HOMEFED VILLAGE 8E, LLC, a Delaware limited liability company
By:
Tiffany Allen,
City Manager
By:
Erin Ruhe, Vice President
Approved as to form by:
Marco A. Verdugo, City Attorney
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. of State of California )
County of San Diego )
On ____________________, before me, ____________________________, a Notary Public, personally appe ared _______________________________, 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/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.
I certify under PENALTY OF PERJURY under the laws of the of State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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. of State of California )
County of San Diego )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, 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/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.
I certify under PENALTY OF PERJURY under the laws of the of State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
EXHIBIT A
EXHIBIT B
LEGAL DESCRIPTION
PARCELS 1 AND 2 OF PARCEL MAP NO. 21216, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 29, 2015.
EXHIBIT C
POTENTIAL AFFORDABLE HOUSING SITES