HomeMy WebLinkAboutCT 79-26; MORROW GOODMAN; Tentative Map (CT)• a
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Recepit No. /2,//J/79
APPLICATION NO. CARLSBAD TRACT
CITY OF CARLSBAD
(Please Type or Print) .. DATE:
1. REQUEST: Tentative Subdivision Map for:
- /f 1,4NJ7
(Land division - air space division - combination land and
air space diviion0
2. LOCATION: The subject property is generally located on the
z47 side of •"/" i/between 4 S'7 4IV
and •
/ZL...........
3. ASSESSOR'S NUMBER: Book Page Parcel 3/
Book Z16 Page 2O Parcel 3 Z, (If more, please list
on bottom of page).
4. OWNER(S): Name Address City Zip Phone
,17 0
i2c i3 'x Zo 9 4/
- 5. --Person responsible for preparation of Map:
Name Address City Zip Phone
/ p• 9 2,/c>23- 91~1
Registration or License No.
• APPLICANT 'S SIGNATURE:
I hereby declare that all information contned within this
-application is true; and that. all standad'conditions as
indicated on the attachment have been read, understood and
agreed to.
.Name Address City . Zip Phone
,4 •6 /g,v 1 PvjJzoLeç D-
- - 4
Representinci (Co'mpany r Corporati on'),
/7Oef J ./6:a
Relationship to Property Owner , (s), C'4L_01Ja.,'Z_dr 9dr G1011V7
As per State Law the City has 30 days to determine if your
submitted application is complete and ready for acceptance.
Incomplete applications may delay acceptance. To better ensure
complete applications, the Planning Department would appreciate
working with the applicant during the planning stage of the
proposed development. This request is not a requirement, however,
it may avoid revision of plans or non-acceptance of the application
ATTACHMENTS:
Suppl emental Information Form - Planning 20
Time Extension Agreement - Planning 37
Standard Conditions - Planning 28
Preparation Check List - Planning 33
Procedures - Planning 36
FORM: Planning 8 Date of Planning Commission Approval
()
If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
A 1v 00 T APPLICANT:
Name (individual, partnership, joint venture, corporation, syndication)
ç /1 L61 I
Business Address
iq- 7ç4
Telephone Number
AGENT:
Name
Business Address
Telephone Number
MEMBERS: t2 ,0
Name (individual, partner, joint Home Address
venture, corporation, syndication) 7
Business Address
Telephone Number
Name
Business Address
Telephone Number
Telephone Number
Home Address
Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
A / a
Applicant
BY 2C/J á
Agent, Owner, Partnp'/
'
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APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to
complete this disclosure form at the time of submitting their application.
When this form has been completed and signed, the information will be relied
upon by them in determining if a conflict may exist, so please ensure that
all of the information is completed and accurate. If at anytime before a
final action on your application has been rendered, any of the information
required by this disclosure changes, an amendment reflecting this change must
be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who own any beneficial interest
in the property which is the subject of this application. Should one or more
parties to the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture, its legal
address and the name and address of each individual person who is a general
and/or limited partner or member of the joint venture.
Should one or more of the parties be a privately held corporation (10 share-
holders or less) or a real estate syndication, then please state the state of
incorporation or syndication, corporate number, date of incorporation or
syndication, corporate or syndicate address, and the full names and addresses of
each individual shareholder or syndicate member. Should the corporation be
a publically held corporation, then state the full name and address of the
corporation, the place of its incorporation,number of shareholders, and the
name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to
provide a full disclosure, please include it. -
STATEMENT Of AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act sets a fifty (50) day time restriction on
Planning-Commission processing of Tentative Maps. This time limit
can only be extended by the mutual concurrance of the applicant and
the City. By accepting applications for tentative maps concurrently
with other applications; i.e., Environmental Assessment, Environ-
mental Impact Report, Condominium Plan, Planned Unit Development,
etc., the fifty (50) day time limit is often exceeded. If you
wish to have your application processed concurrently, this agree-
ment must be signed by the applicant or his agent. If you choose
not to sign the statement, the City will not accept your application
for the tentative map until all prior necessary entitlements have
been processed and approved.
The undersigned understands that the processing time required by
the City may exceed fifty (50) days, therefore the. undersigned
agrees to extend the fifty (50) day processing limitation and
fully concurs with any extensions of time up to one year from
the date the application was accepted as complete, may be required
to properly review all of the applications.
0 ".24/4'79
Signature te
L..
Le.Lat1onsnip to Applicat
(Property Owner-Agent)
FORM PLANNING 37 REVISED 12/78
IJ • C) O D
SUPPLEMENTAL INFORMATION FORM
SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/
PUD/ CONDOMINIUM PERMIT/PRECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN.
E'7 ;
1) Gross Acres (or square footage if less than acre)
d
2) Number of Lots or Units (
3) Type of Development
Residential, Commercial, Industrial
4) Present Zone Proposed Zone ___
(If change requested)
5) General Plan Land Use Designation
6) Source of water supply LE/22/A2 Coc1.v7y D,S7
7) Method of sewage disposal
8) Types of. Protective Covenants to be recorded
C c ~
9) Transportation modes available to service the development
10) School District(s) serving the property C o ,Ve
S,4,/ /e//7') X L•.#-,t '- -
11) If your project is for or anticipates being for more than 50 res-
idential units do you prefer to dedicate land
pay fees'' or a combination thereof
12) Methods proposed to reduce sound leVels
13) Methods poosed to conserve energy ly, ,/'of 77~
LTtc'
Additional sheets sheets may be attached if necessary to answer any of the above
questions. -
FORM PLANNING 20 — February 1, 1979
STANDARF CONDITIONS
CITY 0 CARLSBAD
TENTATIVE SUBDIVISION MAP -
Subdivision and development shall meet all requirements of the
subdivision, zoning, building codes, and General Plan and other
laws, ordinances or regulations of the City of Carlsbad, and other
governmental agencies. Some of the more pertinent requirements
and procedures of -the City are listed below for your information
and concurrence. Please read this list carefully and feel free
to ask for further information or explanation.
1. Final Map shall be completed within 18 months from the
date of final City Council. action on the Tentative
Subdivision Map. Two extensions of one year each may
be approved by City Council upon staff review of the
original decision.
2. The Final Map shall substantially conform to the
Tentative Subdivision Map. If otherwise, the Final Map
will be rejected and new Tentative Subdivision Map
hearings will be required for the revised plan.
3. All public improvements shall be made in conformity with the
Subdivision Ordinance and other City Standards, to the satis-
faction of the City Engineer, without cost to the City of [
Carlsbad and free of all liens and encumbrances. .
4. Prior to any construction, the applicant shall submit plans
to the appropriate entity providing domestic water to the
proposed development, for its approval of the location,
type and adequacy of water lines.
5. Prior to any construction, the applicant shall obtain approval
from the City Fire Department of the location and size of
fire hydrants. .
6. The applicant shall install all required fire hydrants and
dry-stand pipes prior to framing construction, and said
fire appurtenances shall be functional, prior to commencing
such work.
7. Street trees, as required by the City, shall be installed
by the applicant at his expense. Trees shall be of a
type approved by the Parks Department and shall be installed
•
to their specifications. If removal of any existing trees
is required by the City, said removal shall be at the
applicant's expense. It shall be the responsibility of
• - the applicant to make all arrangements with the Parks
Department concerning the requirements of this condition.
8. A -detailed grading plan which includes proposed drainage
and erosion control landscaping and for other measures
such as desilting basins shall be approved by the City
Engineer prior to Final Map.
9. Immediately after grading, erosion control landscaping
and/or other measures such as desilting basins shall
be installed. This control may be the final landscaping,
if so approved.
10. A detailed landscape and sprinkler plan shall be sub-
mitted for Planning Director's approval for all graded
slopes 5' or greater in height and any other areas re-
quired by the City.
11. Prior to final building inspection clearance, all land-
scaping shall be installed or adequate bonding accepted.
Said landscaping shall be maintained in a manner accept-
able to the Planning Director.
112. No signs or advertising of any type whatsoever shall be
erected or installed until plans thereof have been approved
by the City of Carlsbad.
As part of the approval process, the City may modify these conditions
Qr. add others, especially those of a-more specific nature, The sub-
divider will be notified of these modifications or additions by
Resolution. S
Form Planning 28. Date of Planning Commission Approval
S . .5
PREPARATION CHECK LIST
TENTATIVE SUBDIVISION MAP
A. Documents required for submittal:
1. Application with supplemental information sheet completed.
2. Time extension agreement signed, if desired.
3. Preliminary Title Report
4. Twen€y-eight ozalid prints of the Tentative Subdivision Map.
Maps must be folded in a size not to exceed 8½x11.
5. Environmental Impact Assessment or Report with fees (if required).
6. Fee*for tentative subdivision map: $200.00 + $5.00 for each
lot between 1-25, + $3.00 for each lot between 26-100, + $1.00
for each lot over .100, extension $100. and revision see Section
20. 08. 020.
7. Street name list for new streets (3 names for each street in
conformance to Street Name Policy or one name chosen from
approved Street Name List for each street).
8. 300 Foot Radius Map - A map to scale not less than 1" = 200'
showing each lot within 300 feet of the exterior boundaries
of the subject property. Each of these lots shall be con-
secutively numbered and correspond with the property owners'
list. The scale of the map may be reduced to.a scale
acceptable to the Planning Director if the required scale is
impractical.
• 7?vo ôp,'S
9. Property Owners' List:1 A typewritten list on self-adhesive
(Avery) address labels of thename and address of all property
owners within 300 feet as noted on the property owner's map.
• This list must be accurate and taken from the latest equalized
assessment roll on file in the Office of the Assessot of
San Diego, 1600 Pacific Highway,.Room 103, San Diego, CA.
236-3771.
10. Dic.losure Statement.
11. A written statement by the City Engineer that he finds there
is adequate sewer capacity available for the proposed use at
the site or that he finds that the proposed use and site can
be adequately served by alternative City approved on-site
sewer system. Applicant, please note, this determination
must be do ne prior to submitting application and it may require
preparation on your part to provide sufficient evidence to the
City Engineer. It is suggested you. make early contact with the
Engineering Department for such determination.
12. For residential developments only a guarantee is required that
school facilities will be available at time of need. If the
project is located in the San Dieguito High School, Encinitas
Elementary, or San Marcos Unified School District, the City
will contact the district to arrange the meeting of this
requirement.
If, however, th.e project is within the Carlsbad Unified School
District, it is the responsibility of the applicant to make
arraxigements for the guarantee of school facilities. This
agreement must be submitted prior to acceptance of application.
B. Drafting of Tentative Subdivision Map.
1. Sheets to be 24"x36" with 1" border (saixdard Ut size)
2. Scale to be indicated: 1"=80' is generally sufficient, however,
the scale is to be appropriate for sheet size.
FORM PLANNING 33, (Page 1)
- - . --S--
3. North arrow oriented to top or left side of sheet.
4. Lettering must be legible. It is preferred that it he drawn
by mechanical means, in ink, and heavy upper case.
5. Location map showing the distance to the center line of the
nearest intersection.
6. Title block with name of subdivision, name and address of sub-
divider and drafter and pertinent information such as number of
lots, total acreage and date prepared.
7. Name and address of registered Civil Engineer.
8. Carlsbad tract number, placed top right portion of sheet.
C. Information on Map
1. Existing adjacent public rights-of-way, showing dimensions
and distance from property line to center line.
2. Location of existing improvements, pavement, curbs, sidewalks, etc.
3.- Easements; type and location.
4. Location of dimension of all proposed public rights-of-way.
5. Radii of street curves.
6. Location and dimension of all public or private easements.
7. Location of railroad tracts within 300 feet of site.
8. Location and description of existJ.n utilities.
9. Proposed streets to be labeled by alphabetical letters.
10. Grades of all proposed streets.
11. Topographic contours at two-feet intervals, with indication • . of manufacturing slopes.
• 12. Elevation of proposed building pads or sites.
13. Lot. lines and dimensions.
14. Lots to be numbered.
.15. Location of watercourse or areas subject t6 flood.
16. Location of proposed storm drains or other means of drainage
(grades and size).
17. Location of existing buildings and structures.
18. Location of existing trees within both. private and public lands.
19. Street sections (may be submitted on separate sheet).
20. De1neation of development phasing.
FORM PLANNING '33 (Page 2)
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PROCEDURES
1) Application to Planning Commission: In an effort to aid the
applicant, the Planning Department requests that it be given an
opportunity to evaluate and discuss the application in its various
stages of development prior to submittal. It is more effective if
applicant meets directly with staff; however, written or telephone
communication is acceptable. It is the responsibility of the
applicant to make the initial contact for such meeting.
2) Submittal: Application will be accepted only if the application,
plans and other pertinent materials are included.
3) . Review: After accepting the application staff will submit it to
the department review board (DCC) to ascertain if further information
is necessary. Staff will attempt to conclude this review within
two weeks, but in no case shall the review period be longer than
30 days from receipt of application.
4) Notice: Upon completion of the application review, the applicant
will be informed by letter if further information is required if
any, or if the application is complete what date it will be heard
by the Planning Commission.
5) Planning Commission Calendar: The Planning Commission adopts an
annual calendar that indicates application closing dates, staff
review dates, a staff recommended review dates as well as Planning
Commission hearing dates. The date your request will be heard is
selected from this calendar. You may acquire this calendar at the
Planning Department.
6) Staff Review: Staff prepares a report for the Planning Commission.
This report is reviewed by the Departmental Coordinating Committee
(DCC), which is made up of representatives from the departments of
Planning, Engineering, Fire, City Manager and other as may be
necessary. You are invited to this meeting to explain the project
and respond to staff recommendations. Upon completion of this
review, staff will prepare final staff recommendations to be sub-
mitted to the Planning Commission. The final report with rec-
oinmendations will be available at the Planning Department five days
prior to the Planning Commission hearing (Friday afternoon prior to
the Planning Commission meeting date).
7) Hearing; The Planning Commission meets eVery 2nd and 4th Wednesday
of the month at 7:00 P.M., or as indicated on the Planning
Commission calendar. Depending on the type of application, the
Planning Commission will either make a recommendation and forward
to City Council or take final action.
8) Appeals: Final actions by the Planning Commission may be appealed
to the City Council, provided such appeal is filed within ten
• (10) days after the Planning Commission action. The applicant
should review with staff the procedure .on the various types of
applications.
9) Final Decision: The City will notify the applicant and property
owner of the final decision.
FORM: PLANNING 36 DATE OF PLANNING COMMISSION APPROVAL DEC. 6, 1978.
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CLTA Standard Coverage Policy
CO
SHDULE A
Title Fee: $362.25
Mount of Insurance $85,000.00 Policy No. 795088-2
Date of Policy: July 5, 1979 at 8:00 A.M.
1. Ha.e of Insured:
HOWARD C. MORROW and GRALDINK F. MORROW
2. The estate or interest referred to herein is at Date of Policy
- vested in:
WARD C. MORROW and GERALDINE F. MORROW, husband and wife as Joint
-- -- '- tenants
3. The estate or interest in the land described in Schedule C and
- which is covered by this policy is:
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: •, •:' • CLTA Standard Coverage Policy :
SCHEDULE B
. : , : •
This policy does not insure against 1085 or damage, nor against costs,
- - - attorneys' fees or expenses, any or all of which arise by reason of the - . following:
Part One:
: 1. Taxes or assessments which are not shown as existing liens by the records - -
- :- - - of any taxing authority that levies taxes or assessments on real property
or by the public records
Proceedings by a public agency which may result in taxes or assessnents, or
notices of such proceedings, whether or not shown by the records of such
agency or by the public records
2 Any facts, rights, interests or cLaiss which are not shown by the public
records but which could be ascertained by an Laspection of the land or by -
making inquiry of persons in possession thereof.
3. Zasenents, liens or encumbrances, or claims thereof which are not shown by •:- - the public records.
- 4. Discrepancies, conflicts in boundary lines, shortage La area, -
encroachments, or any other facts which $ correct sa would disclose,
and which are not shown by the public records
-: 5. (a) Unpatented mining claims; ) reservations or exceptions La patents or
• in Acts authorizing the issuance thereof; (c) water rights, claims or title
to water. • '• '
- •, 6. Any rights, title, interest, estate or casement in land beyond the lines of
• •::•- -, the area specifically described or referred to in Schedule C, or is • • • - • abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing in this paragraph shall modify or unit the extent to which the
• ordinary right of an abutting owner for access to a physically open street -?
: or highway is insured by this policy.
7 Any laws ordinance or goveraiental regulation (including but not united to 4 - building and zoning ordinances) restricting or regulating or prohibiting -- the occupancy, use or enjoyment of the land, or regulating the character, ,
-
dimensions or location of any improvement now or hereafter erected on the •
-
land, or prohibiting a separation in ownership or a reduction in the -.
dimensions or area of the land, or the effect of any violation of any such
-. -- law, ordinance or governmental regulation. -- • -
S. Rights of eminent domain or governmental rights of police power unless
notice of the exercise of such rights appears in the public records
- -•
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9. Defects, liens, encumbrances, adverse claims, or other matters (a)
created, suffered, assumed or agreed to by the insured claimant; (b) not
shown by the public records and not otherwise excluded from coverage but
known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired
the insured mortgage and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss
or damage which would not have been sustained if the insured claimant had
been a purchaser or encumbrancer for value without knowledge.
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First American Title Insurance Company
411 IVY STREET • SAN DIEGO, CALIFORNIA 92101 • 238-1778
March 29, 1979
Rancho Santa Fe Savings & Loan
7770 Girard Ave.
La Jolla, Calif.
Attn: Barbara
- Your No. 3-813
Our Order No. 795060-2
Form of Policy Coverage Requested: CLTA/ALTA
In response to the above referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form sp.cifi.d
above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may
be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not
excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form.
This report (and any supplements or amendments thereto)is issued Sol ly for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby.,,j,f)'( is desired that liity be tsumed prior to
the issuance of a policy of title insurance, a Binder or Z.
Doted as of March 19, 1979 at 7:30 a.m.
RaIjci Snyder/bd J' TITLE OFFICER
Title to said estate or interest at the date hereof is vested in:
EDWARD SHILOFF and MARY ALICE SHILOFF, husband and wife
as joint tenants
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said
policy form would be as follows: SEE PAGE TWO
LEGAL DESCRIPTION:
Lot 387 of La Costa South Unit No. 5, in the County of San Diego, State of California,
according to Map thereof No. 6600, filed in the Office of the County Recorder of
San Diego County, March 10, 1970.
PAGE TWO
1. CORDER NO. 795060-2
SUBJECT TO:
1. General and special taxes for the fiscal year 1979-1980, a lien not yet
payable.
2. Second installment general and special taxes for the fiscal year 1978-79.
3. Covenants, conditions and restrictions, but deleting restrictions if any,
based on race, color, religion or national origin, in an instrument recorded
March 10, 1970 as File No. 43138 of Official Records.
Said instrument provides that a violation thereof shall not defeat or render
invalid thelien of any mortgage or deed of trust made for value.
4. A Deed of Trust to secure an indebtedness of $20,600.00, recorded June 24,
1970 as File No. 109399 of Official Records.
DATED: May 17, 1970
TRUSTOR: Ronald D. Hubbard and Emily Ann
Hubbard, husband and wife as joint
tenants
TRUSTEE: Title Insurance and Trust Company, a
California corporation
BENEFICIARY: La Costa Land Company, an Illinois
corporation
The beneficial interest under said deed of trust was assigned to The Trustees
of Central States, Southeast and Southwest Areas Pension Fund, by mesne
assignments of record.
5. A Deed of Trust to secure an indebtedness of $17,412.07, recorded December 23,
1976 as File No. 76-430921 of Official Records.
DATED: December 20, 1976
TRUSTOR: Edward Shiloff and Mary Alice Shiloff,
husband and wife
TRUSTEE: San Dieguito Escrow Company, a California
corporation
BENEFICIARY: Lorne E. Ashton, an unmarried man
6. The effect of documents, proceedings, liens, decrees or other matters which
do not specifically describe said land, but which may affect the title or
impose liens or encumbrances thereon. The name search necessary to ascertain
the existence of such matters has not been completed and will require a
Statement of Information from GERALDINE MORROW in order to complete this report.
1978-79 TAX INFORMATION:
CODE AREA: 9046
PARCEL NO: 216-290-31
FIRST INSTALLMENT: $197.74 PAID
SECOND INSTALLMENT: $197.74 NOT PAID
LAND VALUE: $7,675.
IMPROVEMENTS: NONE
EXEMPTION: NONE
PRELIMINARY REPORT
PAGE THREE
TITLE NO. 795060-2
NOTE I:
The only fee conveyances in the past six (6) months are:
NONE
NOTE II:
This report is preparatory to the issuance of an Alta Policy
of Title Insurance. We have no knowledge of any fact which
would preclude the issuance of an Alta Policy with Indorsement
No. 100 attached. There is located on said land the following:
VACANT LAND
$4'
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SECURED AGREEMENT BETWEEN
DEVELOPER AND THE CITY OF CARLSBAD
FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
THIS SECURED AGREEMENT is entered into this day of
1977_, by and between
TiFa - ;Heof developer/owner)
a a xe, hereinafter referred to as
?orpofation, partnership, -etc.)
"Developer", whose address is
(Street)
2_- e6 7, and THE CITY OF
(city, state, zip code) . V
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred toas "City", whose addressis 1200 Elm
Avenue, Carlsbad,. California, 92008.
W I T N E S SETH
WHEREAS, Developer is the owner of the real property de-
scribed on Exhibit "A" attached hereto and by this.. reference
incorporated herein by reference, and hereafter referred to as
"Property"; and V
WHEREAS, the Property lies within the boundaries of City;
and
WHEREAS, Developer proposes to construct_________________
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on said Property, which development carries the proposed name
o f
and is/reafter referred to as "Development"; and
WHEREAS, Developer flied on the day of
19 , with the City a request for
(hereinafter referred referred to as "Request"); and
WHEREAS, the Public Facilities Element of the City Gen-
eral Plan requires that the City Council find that all public
facilities necessary to serve a development will be available
concurrent with need or such development shall not, be approved
(said element is on file ivith the City Clerk and incorporated
by reference herein); and
WHEREAS, Developer and City recognize.the correctness of
Council Policy No. 17 (attached hereto-and-made a part hereof)
and that the City's public facilities and services are at Ca-
pacity and will not be available to accommodate people who may
subsequently move into the proposed Development; and
WHEREAS, Developer, in order to meet the General Plan
a
requirement as implemented by Council Policy No. 17, has re-
- quested of the City assurances that public facilities and ser-
vices will be available to meet the needs of the future resi-
dents of the Development as it is presently proposed and the
Developer is aware that the City cannot and will not, be able
to give Developer any such assurances without financial assist
ance to pay for such services and facilities; and
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WHEREAS, the Developer agrees to provide such financial
assistance in accordance with the terms of this agreeme1t and
the City. agrees to provide assurances that public facilities
and services will be available to meet the needs of the future
residents of the Development as it is presently proposed;
NOW, THEREFORE, THE PARTIES HERETO HEREBY AGREE as fol-
lows: V V
1. The Developer shall pay to the Citya public facili-
ties fee in the amount of 2% of the building permit valuation
of the buildings or structures to be constructed in the Devel-
opment pursuant to the Request. The fee shall be paid -'prior '
to the issuance of building, .grading or other permits for the
Development and shall be based on the valuation at that -time..
A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter. 20.44 of the Carlsbad Municipal
Code. V
V
V V
V
2. The Developer may in the future offer to donate a
-site for public facilities in lieu of all or part of the fi-
nancial obligation agreed upon in Paragraph 1 above, which
offer the City shall consider but is not obligated to accept.
3. To secure Developer's obligation hereunder, Devel-
oper shall provide to City the securities called for in Sub-
paragraph 3.1 or 3.2 or 3.3.
3.1 A surety bond in favor Of City in a form ac -
ceptable to the City Attorney from aninsurer acceptable to
City in the amount of the. estimated fee for the Development
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to insure Developer's performance of the terms of this agree-
ment
3.2 A bank or savings and loan time certificate
of deposit in the amount of the estimated fee for the Devel-
opment in a form acceptable to the City Attorney naming the
Cityas an irrevocable assignee for the .term.of this agree-
ment, and expressly providing that any interest acdruing on
the time certificate of deposit shall be solely the property
of depositor and the City shall have no rights to any such
interest. .
3.3 . Such .other security .as may be acceptable to
the City.
4. The securities required hereby shall be released
upon satisfaction of Developer's obligation. In phased proj-
ects, the City Manager may release a portion of the security
upon payment of fees for a part. of a Development.
S. City agrees. to provide assurances .that public: facil-
ities and services which will be available to meet the needs
of the future. residents of the areas to be developed and will
fUrnish Developer,upon request, assurances necessary to enable
Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and serv-
ices sufficient to accommodate the needs of the Development
herein described. . . .
6. All obligations hereunder shall terminate in the
event the Requests .made by Developer are not approved and the
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City shall, within ten (10) days after written notice to City
by Developer, deliver to Developer necessary documents for
releasing the' security provided to City pursuant to Paragraph
3 hereof.
7. Any notice from one party to the other shall be in
writing, and shall be dated and signed by the party giving
such no.tice or by a duly authorized representative, of. 'such
party. Any such notice shall not be effective for any purpose
whatsoever unless served in one of the following manners.
7.1 If notice is given to the City, by personal
delivery thereof to the City or by depositing the same in the
United States Mail, addressed to the City at the address set
forth herein,...enc1osed.iu a sealed envelope addressed to the
City for attention of the City Manager, postage prepaid and
certified. '
7.2' 'If notice is given to Developer,' by personal
delivery thereof to Developer or by depositing the same in
the United. States Mail, enclosed in a sealed envelope addressed
to Developer at the address as may have been designated, post-
age prepaid and certified.
7.3 If notice 'is given to a surety or other person,
by personal delivery to such surety or other person or by de- -
positing the same in the United States Mail, enclosed in a
sealed envelope addressed to such surety or person at the ad-
dress at which such surety or person last communicated to the
party giving notice, postage prepaid and certified.
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S.- This agreement shall be binding upon and shall inure
to the benefit of, and shall apply to, the respective success-
ors and assigns of Developer and the City, and references to
Developer or the City herein shall be deemed to be reference
to and include their respective successors'.and assigns with'-
out specific mention of such successors and assigns. If Devel-
oper should, cease to have any interest in the Property, all
obligations of Developer hereunder shall terminate; provided,
however,,-'that any successor' of Developer's interest in the
Property shall have first assumed in writing the Developer's
obligations hereunder and shall have complied with Paragraph 3
hereof.
9. This agrement shall be recorded., When the obliga-'
tions of this agreement have been satisfied, City shall record
a release.
IN WITNESS 'WHEREOF, this agreement is executed in San
Diego County, California as of the date first written above.
DEVELOPER , .., CITY OF CARLSBAD, a munic-
ipal corporation of the
'State of California
(hame)
By
City Manager
1JemJ 7j
APPROVED AS TO FORM:
€:'
Vincent-F. Biondo, Jr.
City Attorney
ATTEST:
Aletha L. Rautenkranz -
City Clerk
(Notarial acknowledgement of execution by DEVELOPER must be
attached.)
By
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CITY OF CARLSBAD
1200 ELM AVENUE S CARLSBAD, CALIFORNIA 92008
729.1181
I
RECEIVED FROM DATE DATE
A fl flO CC
A/C. NO. DESCRIPTION AMOUNT
_ 11Th7e.
[
TOTAL (]W
/
•
•:
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