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Home My WebLink AboutCT 92-01A; COSTA DEL SOL; Tentative Map (CT)- USE REVIEW APPLICATION NDqr lap CITY OF CARLSBAD FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) (FOR DEPT USE ONLY) 0 Master Plan Specific Plan General Plan Amendment 0 Local Coastal Plan Amendment 0 Precise Development Plan X Tentative Tract Map Planned Development Permit 0 Non-Residential Planned Development O Condominium Permit Specl Use Permit 0 Redevelopment Permit O Tentative Parcel Map Obtain from Eng. Dept Administrative Variance 0 Administrative Permit - 2nd Dwelling Unit Site Development Plan 72 g (Al 1 Zone Change q0 Conditional Use Permit Hillside Development Permit 0 Environmental Impact Assessment 0 Variance O Planned Industrial Permit 0 Coastal Development Permit Planning Commission Determination List any other applications not specificed I93-M 2) LOCATION OF PROJECT: ON THE I No1 SIDE OF t-,') 7-Ara.'c&4j (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN Isg AND j7i2. (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I 2- A?46' *ñ .w 7,1_1F feri4 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES f 6) EXISTING GENERAL PLAN PROPOSED GENERAL PLAN fr'E MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING P_. 1 9 PROPOSED ZONING 10) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF 12)PROPOSED NUMBER F//?OF /i13) TYPE OF SUBDIVISION RESIDENTIAL UNITS LOTS (RESIDENTIAL, COMMERCIAL ,INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL I /V4 116) PROPOSED COMMERCIAL I NA I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE: LMUT $VMQ 4 OOPM. 00016 8/90 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I 0 I 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: I OS7±4 Z SVL- I 21) BRIEF DESCRIPTION OF PROJECT: I (7 'b;f.i 7Z)/ 4ViEAJO E&Tr OF AN AOPPOVU 1.(t (4o ( pfQ&\ci f 0 L(.C:1 5F ,4oflL&5 22) IN THE PROCESS OF REVIEWIN S APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF criy STAFF, PLANNING COMMISSION,,OtN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY SUBJECT SUBJECT OF THIS APPLICATION. VWE CONSENT TO ENTRY FOR THIS PURPOSE _____________________________ / / SIGNATURE 23) OWNER 24) APPLICANT - NAME (PRINT OR TYPE) NAME (PRINT OR V(PE) 71VE 14,04rj- 14)6 40 'If /- MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE I CERT!F( THAT I AM THE LEGAL OWNER I CERTWY THAT I AM THE LEGAL OWNER's REffiPSFJ4TAflVE AND AND THAT ALL. e BESr ORMA11ON THAT ALL. ThE A3OVE INVORMA11ON IS TRUE AND (RRECT 1 THE IS TRUE AND OF BEST OF MY IOOWLEDGL MY KNOWLEDG SIGNATURE DATE SIGN DATE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED cr cA_.G1a L,3cO,QQ 51ps1Ar P1.)P ct-J,cL-A 000.00 2.a0.c) ,50OC)O I TOTAL FEE REQUIRED I 2Z0.O0I DATE FEE PAID RECEIPT NO. f /,/L/ CTY Op CARLsAD I DATE STAMP APPLICATION RECEIVED RECEIVED BY: .. .. El PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. zv9 M(A'A 119 viz- /4, , '*A m /47 7 5-/A/e RECED APR 2 8 1995 TY 1) -) s1 ) /agciofr' 1&Z75 Rev. 4/31 ProjOesc.frrn .1 .& LT.J City of Carlsbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT 0F DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Pleas. Print) The following information must be disclosed: 1. Applicant APR 2 8 1995 List the names and addresses of all persons having a financial interest in theapplication.-- VA) A6XA e.5% 'V '4i T//S o1zcv4 c4 91719 2. Owner Ust the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM0001 12191 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 4 .1 *'I (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, ,Committees and Council within the past twelve months? Yes - No j . ~lf yes, please indicate person(s)____________________________________________ Person is defined as: 'Any Individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, stste, trust, receive syndicate, this and any ether county, city and county, city municipality, district or other political subdivision, or any ethic group or combination acting as unit.' (NOTE: Attach additional pages as necessary.) /AJ Signature of Owner/date applicant/date 6994Rr A 1ujr / /AV- / V06,W4 Print or type name of owner Print or type name of applicant FlM0001 12191 j\CHICAGO TITLE COMPANY Issuing Office: 925 B STREET SAN DIEGO, CA 92101 PHONE: (619)239-6081 167:1 Escrow No. 000972248 CHRIS YOUNG GREYSTONE HOMES 495 E. RINCON SUITE 115 CORONA, CALIFORNIA 91719 Order No. 972248 50 Reference: GREYSTONE COSTA DO SOL Regarding: ALIFORNIA Datedasof: February 27, 3995 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to he issued, as of the date hereof, a Policy or Policies of Title Insurance 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING TILE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: - CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE -'S TOM VOTEL 544=6234 Title Officer PFPC4-- 11107/94 AA SCHEDULE A So Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: GREYSTONE HOMES, INC., A DELAWARE CORPORATION 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as fotlows: SEE ATTACHED DESCRIPTION 193bk Order No: 972248 500 0 DESCRIPTION PARCEL 2, IN THE CITY OF CARLSBAD, SHOWN AT PAGE 6136 OF PARCEL MAPS, OF SAN DIEGO COUNTY, JULY 6, 1977, OF FRACTIONAL SECTION 21, TOWNSHIP MERIDIAN, IN THE CITY OF CARLSBAD, ACCORDING TO OFFICIAL PLAT THEREOF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER TOGETHER WITH THAT PORTION OF THE SOUTH HALF 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID FRACTIONAL SECTION 21; THENCE ALONG THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 21, NORTH 88 0 59' 52" WEST, 1017.71 FEET; THENCE NORTH 00 0 32' 50" EAST, 34.00 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 34.00 FEET OF SAID FRACTIONAL SECTION 21; THENCE ALONG SAID NORTHERLY LINE SOUTH 88 0 59' 52" EAST, 1017.00 FEET, MORE OR LESS, TO THE NORTH-SOUTH CENTER LINE OF SAID FRACTIONAL SECTION 21; THENCE ALONG SAID NORTH-SOUTH CENTER LINE SOUTH 00 0 00' 24" WEST, 34.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERAL RIGHTS IN, ON AND UNDER SAID LAND, WITHOUT RIGHT OF INGRESS AND EGRESS AS RESERVED TO JACK W. HARRIS, AS GUARDIAN OF THE ESTATE OF ALBERT METCALF, AN INCOMPETENT PERSON, IN DEED DATED JUNE 8, 1955 AND RECORDED JULY 1, 1955 IN BOOK 5701, PAGE 315 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL MINERAL RIGHTS IN, ON AND UNDER SAID LAND WITHOUT RIGHT OF INGRESS AND EGRESS AS EXCEPTED AND RESERVED BY JACK HARRIS, TRUSTEE, KAY K. METCALF, A WIDOW, AND FRANK MILES FLINT AND CLAIRE SHARP FLINT, HUSBAND AND WIFE, IN DEED DATED APRIL 21, 1955 AND RECORDED JULY 1, 1955 IN BOOK 5701, PAGE 317 OF OFFICIAL RECORDS. 1 1-71 SCHEDULE B Page 1 Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1994-95. 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNERS EXEMPTION: LAND: IMPROVEMENTS: PERSONAL PROPERTY: CODE AREA: PARCEL NO: $17,596.35 PAID $17,596.35 OPEN $NONE $3,286,501.00 $NONE $ NONE 09018 214-140-40 B 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. C 3. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN CAMINO DE LAS ONDAS. D 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND INCIDENTALS THERETO RECORDED: NOVEMBER 26, 1962 AS FILE NO. 200949, OFFICIAL RECORDS AFFECTS: THE EASTERLY 10.00 FEET £ RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. P 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: ROBERT KOSTOLANY AND ELIZABETH KOSTOLANY,ET AL PURPOSE: ROAD AND PUBLIC UTILITY RECORDED: SEPTEMBER 24, 1963 AS FILE NO. 170422, OFFICIAL RECORDS PAEUMB8/7/91-Irn Page 2 Order No: 972248 40 49 SCHEDULE B (continued) 50 Your Ref: GREYSTONE COSTA DO SQL AFFECTS: THE SOUTHERLY AND EASTERLY 50 FEET OF SAID LAND G SAID EASEMENT HAS BEEN CONVEYED AND/OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD. N 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: APRIL 29, 1966 AS FILE NO. 72436, OFFICIAL RECORDS ii AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID DOCUMENT. J RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. K 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: INGRESS AND EGRESS AS GRANTED/RESERVED BY VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORDED APRIL 26, 1971 AS FILE NO. 83685, OFFICIAL RECORDS AFFECTS: THE SOUTHERLY 20.00 FEET OF SAID LAND L 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: MARCH 19, 1975 AS FILE NO. 75-062190, OFFICIAL RECORDS N AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID DOCUMENT. N RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. 0 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT REUMBC.9/23/9bk El SCHEDULE B 0 Page 3 • (continued) Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: JUNE 17, 1975 AS FILE NO. 75-152014, OFFICIAL RECORDS P AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID DOCUMENT. Q RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. P 10. AN OFFER OF DEDICATION OVER THAT PORTION OF THE HEREIN DESCRIBED PROPERTY AS SHOWN AND DELINEATED ON SAID MAP AS "PORTION OF PARCEL 2 RESERVED FOR FUTURE STREET. ACCESS RIGHTS RELINQUISHED AND WAIVED HEREON" AND A REJECTION OF SAID OFFER BY THE CITY OF CARLSBAD. (NOTE: SECTION 11616 OF THE BUSINESS AND PROFESSIONS CODE OF THE STATE OF CALIFORNIA PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAIN OPEN AND IS SUBJECT TO THE FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. S 11. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JUNE 24, 1977 BY AND BETWEEN: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND CHARLES J. KRAMER AND ALICE M. KRAMER RECORDED: JULY ii, 1977 AS FILE NO. 77-275100 OF OFFICIAL RECORDS REGARDING: CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. T 12. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MARCH 13, 1978 BY AND BETWEEN: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND CHARLES J. KRAMER AND ALICE M. KRAMER RECORDED: MARCH 28, 1978 AS FILE NO. 78-120215 OF OFFICIAL RECORDS REGARDING: A PRIVATE SEWER LATERAL REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. U 13. NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-236959 TO PAY FOR CERTAIN PUBLIC CAPITAL FACILITIES, INCLUDING THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDS. V 14. AN AGREEMENT REGARDING AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF PAELMBC9/23/9bk 0 0 SCHEDULE B Page 4 (continued) Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE, MADE BY AND BETWEEN AHARON ABADA AND THE CITY OF CARLSBAD RECORDED FEBRUARY 14, 1992 AS FILE NO. 1992-0083685, OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. W 15. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: FEBRUARY 17, 1994 BY AND BETWEEN: CARLSBAD UNIFIED SCHOOL DISTRICT AND AHARON ABADA, AN INDIVIDUAL RECORDED: FEBRUARY 22, 1994 AS FILE NO. 1994-0117824 AND RE-RECORDED APRIL 28, 1994 AS FILE NO. 1994-0282968, BOTH OF OFFICIAL RECORDS REGARDING: AGREEMENT BETWEEN AHARON ABADA AND CARLSBAD UNIFIED SCHOOL DISTRICT RELATIVE TO MITIGATION OF K-12 SCHOOL FACILITY IMPACTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. X 16. ANY RIGHTS, INTEREST OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY AN INSPECTION. A) A DIRT ROAD IN THE EASTERLY PORTION OF THE DESCRIBED PROPERTY. B) STORM DRAINS AND MANHOLES IN THE SOUTHERLY PORTION. Y 17. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $2,000,000.00 DATED: NOVEMBER 10, 1994 TRUSTOR: GREYSTONE HOMES, INC., A DELAWARE CORPORATION TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: AHARON ABADA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY RECORDED: NOVEMBER 10, 1994 AS FILE NO. 1994-0655494, OFFICIAL RECORDS Z AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: COLLIER ILIFF THORN COMMERCIAL REAL ESTATE RECORDED: NOVEMBER 21, 1994 AS FILE NO. 1994-0672310, OFFICIAL RECORDS M A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE PAELIMBC-9/23/93b SCHEDULE B Page 5 (continued) Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION RECORDED: NOVEMBER 21, 1994 AS FILE NO. 1994-0672311, OFFICIAL RECORDS AB END OF SCHEDULE 13 AC NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 000972248 ATTN: TM VOTEL TITLE OFFICER AD JSD AE 1AMEND/AT LIM-/J/JDM ~ CHICAGO =office: !E 925 B STREET SAN DIEGO, CA 92101 PHONE: (619)239-6081 - S COMPANY Escrow No. 000972248 CHRIS YOUNG GREYSTONE HOMES 495 E. RINCON SUITE 115 CORONA, CALIFORNIA 91719 Order No. 972248 50 Reference: GREYSTONE COSTA DO SOL Regarding: ALIFORNIA .Th Datedasof: February 27, 1.995 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lice or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY TOM VOTEL 544-6234 Title Officer FFPG4-- 11/07/94 AA If 0 ''a SCHEDULE A Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the dale hereof is vested in: GREYSTONE HOMES, INC., A DELAWARE CORPORATION 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as folows: SEE ATTACHED DESCRIPTION 4 Order No: 972248 50.,,_,._______________ DESCRIPTION PARCEL 2, IN THE CITY OF CARLSBAD, SHOWN AT PAGE 6136 OF PARCEL MAPS, OF SAN DIEGO COUNTY, JULY 6, 1977, OF FRACTIONAL SECTION 21, TOWNSHIP MERIDIAN, IN THE CITY OF CARLSBAD, ACCORDING TO OFFICIAL PLAT THEREOF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER TOGETHER WITH THAT PORTION OF THE SOUTH HALF 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID FRACTIONAL SECTION 21; THENCE ALONG THE SOUTHERLY LINE OF SAID FRACTIONAL SECTION 21, NORTH 88° 59' 52" WEST, 1017.71 FEET; THENCE NORTH 00 0 32' 50" EAST, 34.00 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 34.00 FEET OF SAID FRACTIONAL SECTION 21; THENCE ALONG SAID NORTHERLY LINE SOUTH 88 0 59' 52" EAST, 1017.00 FEET, MORE OR LESS, TO THE NORTH-SOUTH CENTER LINE OF SAID FRACTIONAL SECTION 21; THENCE ALONG SAID NORTH-SOUTH CENTER LINE SOUTH 00 0 00' 24" WEST, 34.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERAL RIGHTS IN, ON AND UNDER SAID LAND, WITHOUT RIGHT OF INGRESS AND EGRESS AS RESERVED TO JACK W. HARRIS, AS GUARDIAN OF THE ESTATE OF ALBERT METCALF, AN INCOMPETENT PERSON, IN DEED DATED JUNE 8, 1955 AND RECORDED JULY 1, 1955 IN BOOK 5701, PAGE 315 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL MINERAL RIGHTS IN, ON AND UNDER SAID LAND WITHOUT RIGHT OF INGRESS AND EGRESS AS EXCEPTED AND RESERVED BY JACK HARRIS, TRUSTEE, KAY K. METCALF, A WIDOW, AND FRANK MILES FLINT AND CLAIRE SHARP FLINT, HUSBAND AND WIFE, IN DEED DATED APRIL 21, 1955 AND RECORDED JULY 1, 1955 IN BOOK 5701, PAGE 317 OF OFFICIAL RECORDS. :1- '4 SCHEDULE B Page 1 OiderNo: 972248 50 Your Ref: GREYSTONE COSTA DO SOL At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: .4 1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1994-95. 1ST INSTALLMENT: 2ND INSTALLMENT: HOMEOWNERS EXEMPTION: LAND: IMPROVEMENTS: PERSONAL PROPERTY: CODE AREA: PARCEL NO: $17,596.35 PAID $17,596.35 OPEN $ NONE $3,286,501.00 $NONE $NONE 09018 214-140-40 B 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. C 3. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN CAMINO DE LAS ONDAS. D 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND INCIDENTALS THERETO RECORDED: NOVEMBER 26, 1962 AS FILE NO. 200949, OFFICIAL RECORDS AFFECTS: THE EASTERLY 10.00 FEET £ RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. F 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: ROBERT KOSTOLANY AND ELIZABETH KOSTOLANY, ET AL PURPOSE: ROAD AND PUBLIC UTILITY RECORDED: SEPTEMBER 24, 1963 AS FILE NO. 170422, OFFICIAL RECORDS PF1ELIMB-8/7/9 1-Icc SCHEDULE B Page 2 (continued) Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL AFFECTS: THE SOUTHERLY AND EASTERLY 50 FEET OF SAID LAND G SAID EASEMENT HAS BEEN CONVEYED AND/OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD. 11 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: APRIL 29, 1966 AS FILE NO. 72436, OFFICIAL RECORDS I AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID DOCUMENT. J RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. K 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: INGRESS AND EGRESS AS GRANTED/RESERVED BY VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORDED APRIL 26, 1971 AS FILE NO. 83685, OFFICIAL RECORDS AFFECTS: THE SOUTHERLY 20.00 FEET OF SAID LAND L B. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: MARCH 19, 1975 AS FILE NO. 75-062190, OFFICIAL RECORDS N AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID DOCUMENT. N RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. 0 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PBELIMBC-9/23/93bk a I . r il SCHEDULE B Page 3 (continued) Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: JUNE 17, 1975 AS FILE NO. 75-152014, OFFICIAL RECORDS P AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID DOCUMENT. Q RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. R 10. AN OFFER OF DEDICATION OVER THAT PORTION OF THE HEREIN DESCRIBED PROPERTY AS SHOWN AND DELINEATED ON SAID MAP AS "PORTION OF PARCEL 2 RESERVED FOR FUTURE STREET. ACCESS RIGHTS RELINQUISHED AND WAIVED HEREON" AND A REJECTION OF SAID OFFER BY THE CITY OF CARLSBAD. (NOTE: SECTION 11616 OF THE BUSINESS AND PROFESSIONS CODE OF THE STATE OF CALIFORNIA PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAIN OPEN AND IS SUBJECT TO THE FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. S 11. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JUNE 24, 1977 BY AND BETWEEN: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND CHARLES J. KRAMER AND ALICE N. KRAMER RECORDED: JULY ii, 1977 AS FILE NO. 77-276100 OF OFFICIAL RECORDS REGARDING: CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. T 12. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MARCH 13, 1978 BY AND BETWEEN: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND CHARLES J. KRAMER AND ALICE N. KRAMER RECORDED: MARCH 28, 1978 AS FILE NO. 78-120215 OF OFFICIAL RECORDS REGARDING: A PRIVATE SEWER LATERAL REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. (1 13. NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-236959 TO PAY FOR CERTAIN PUBLIC CAPITAL FACILITIES, INCLUDING THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDS. V 14. AN AGREEMENT REGARDING AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF PRELMRC-9/23/93bk • SCHEDULE B 40 Page 4 (continued) Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE, MADE BY AND BETWEEN AHARON ABADA AND THE CITY OF CARLSBAD RECORDED FEBRUARY 14, 1992 AS FILE NO. 1992-0083685, OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. W 15. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: FEBRUARY 17, 1994 BY AND BETWEEN: CARLSBAD UNIFIED SCHOOL DISTRICT AND AHARON ABADA, AN INDIVIDUAL RECORDED: FEBRUARY 22, 1994 AS FILE NO. 1994-0117824 AND RE-RECORDED APRIL 28, 1994 AS FILE NO. 1994-0282968, BOTH OF OFFICIAL RECORDS REGARDING: AGREEMENT BETWEEN AHARON ABADA AND CARLSBAD UNIFIED SCHOOL DISTRICT RELATIVE TO MITIGATION OF K-12 SCHOOL FACILITY IMPACTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. X 16. ANY RIGHTS, INTEREST OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY AN INSPECTION. A) A DIRT ROAD IN THE EASTERLY PORTION OF THE DESCRIBED PROPERTY. B) STORM DRAINS AND MANHOLES IN THE SOUTHERLY PORTION. Y 17. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $2,000,000.00 DATED: NOVEMBER 10, 1994 TRUSTOR: GREYSTONE HOMES, INC., A DELAWARE CORPORATION TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: AHARON ABADA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY RECORDED: NOVEMBER 10, 1994 AS FILE NO. 1994-0655494, OFFICIAL RECORDS 2 AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: COLLIER ILIFF THORN COMMERCIAL REAL ESTATE RECORDED: NOVEMBER 21, 1994 AS FILE NO. 1994-0672310, OFFICIAL RECORDS AA A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE 'RELIMBC.9/23/83bk 40 SCHEDULE B Page s (continued) Order No: 972248 50 Your Ref: GREYSTONE COSTA DO SOL SUBSTITUTED TRUSTEE, THE FOLLOWING TRUSTEE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION RECORDED: NOVEMBER 21, 1994 AS FILE NO. 1994-0672311, OFFICIAL RECORDS AS END OF SCHEDULE B AC NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 000972248 ATTN: TM VOTEL TITLE OFFICER AD JSD AE 1AMEND/AT I-ULIMIJ(-9/23/93DK 0 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Parcel No. Af.J Z-/'-j - !'-/( - AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this Z -I-k day of A p (Z ' by and between G H0 v—— I t.JC' (name of developer-owner) a DQia -- Cocçcf;or hereinafter referred to as "Developer' whose address (corporation, partnership, etc.) is ti7s E. ?1-)C-0'i ST. c(l—lIcp (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City', whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit 'A", attached hereto and made a part of this agreement, hereinafter referred to as Property'; and WHEREAS, the Property lies within the houndaries of City; and CT 72 - i (A) Form Approved FaTn 17A By City Council July 2, 1991 4t.1) ? - (A) rev 3/27195 Reso # 91-194/KJH SDP ¶3-o'-4(A) WHEREAS, Develo'prproposed a development project aiWows: 117 L0 - on said Property, which development carries the proposed name of Co sfci 7(o S0 and is hereafter referred to as"Development"; and WHEREAS, Developer filed on the 2 S 4k day of 1 , 1 9 ?z:, with the City a request for TZ±jJ P\v o-a± L ? A hereinafter referred to as "Request'; and WHEREAS, the Public Facilities Element of the City General 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 with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: Fm Approved Fan, 17A By City Council July 2, 1991 rev 3127/95 Aeso # 91-194/KJH to I . The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit* and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. Form Approved Form hA By City Council July 2, 1991 rev 3127/95 P,eso # 91-194/KJH L. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice 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 of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in 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 Mal, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. Forn, Approved Fm 17A By Qty Council July 2, 1991 rev 3127/95 Reso#91.194/KJH 4 so a 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved Form hA By City Council July 2. 1991 rev 3/27/95 Reso # 91-194i'l(JH 5 L~] IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (name of Developer) By (signature) (print name) (title) By (signature) (print name) (title) CITY OF CARLSBAD, a municipal corporation of the State of California By MARTIN ORENYAK for City Manager ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By Assistant City Attorney Form Approved Form 17A By City Council July 2, 1901 rev 3127/95 Paso # 91-194/KJH E] IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: By (signature) DIS G. CULLUMBER (print name) PRFaSXDENr (titleL gnature) L I1RUJILLO CITY OF CARLSBAD, a municipal corporation of the State of California By MARTIN ORENYAK for City Manager • (print name) AssIsTMlr SECRETARY (title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD A. BALL, City Attorney By Deputy City Attorney Form Approved By. City Council July 2, 1991 Reso # 91 -1 94/KJH 40 so EXHIBIT "Am LEGAL DESCRIPTiON 6~1Frc Z , -) s C0 S co V rc/ cf orc , I ?7 R ,:;%. -ç accor 4(5 C10 Form Approved Form hA By City Council July 2, 1991 rev 3/27/95 Peso # 91-1941KJH 7 so a STATE OF CALIFORNIA COUNTY OF RIVERSIDE On May 12, 1995, before me, Linda Kaniasty, Notary Public for County of San Diego, personally appeared DENTS G. CIJLLIJMBER and LUIS TRUJILLO, personally known to me, or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument, the person or entity upon behalf of which the person acted, executed the within instrument. LINDA KAN tASTY WI my hand an offid1 seal. Commission #1008259 < Notary Public - CaIifornla San Diego County aniasty, Notary Public1 ____________________________ Commission Expires October $1 1997 CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Greystone Homes, Inc. Individuals _x_ Corporate Officer President —X—Corporate Officer Assistant Secretary [iI1 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE OR TYPE OF DOCUMENT: Agreement beet, developer and City of Carlsbad... NUMBER OF PAGES: 6 plus legal description plus acknowledgement NUMBER OF SIGNERS:2 (two)____________________________ RE-RECORDING REQUEST TO•RRECT TYPOGRAPHICAL ERROR ON GE 9.. w w 7U - L_ _ 1 Recording Requested by and when recorded mail to Carlsbad Unified School District 7 7 7 801 Pine Avenue Carlsbad. CA 92008-2439 Attention: John Blair Exempt: Government Code § 6103 Space aoove mis line for Recorcers use oniy AGREEMENT BETWEEN AHARON ABADA AND CARLSBAD UNIFIED SCHOOL DISTRICT RELATIVE TO MITIGATION OF K-12 SCHOOL FACILITY IMPACTS THIS FUNDING AND MITIGATION AGREEMENT ("Agreement") dated as of February 1994 by and between CARLSBAD UNIFIED SCHOOL DISTRICT (the "School District"'), a school district organized and existing under the laws of the State of cfçan AHARON ABADA. an individual (the "Landowner"'). APR 2 8 1995 \VIT'NESSETH: -- WHEREAS. the Landowner is the owner of the undeveloped Oro PeM , di ' Exhibit A and depicted in Exhibit B hereto (the "Property") which the Landowner proposes to develop for residential uses consisting of approximately 120 single family detached dwelling units and 40 single-family attached dwelling units ("Proposed Development"): and WHEREAS. the City of Carlsbad ("City") has adopted and included in the Public Facilities Element of its General Plan the requirement that its City Council and Planning Commission shall not approve additional development unless it finds that the availability of K- 12 School Facilities is guaranteed by the School District as required by the provisions of the General Plan. Public Facilities Element and Growth Management Plan of the City: and WHEREAS. Landowner is seeking approval of the Proposed Development by the City I. S (8 and desires that the School District furnish such assurances to City relative to the Proposed Development: and WHEREAS, the School District. subiect to receipt of funds pursuant to this Agreement, intends to provide K-12 School Facilities for the Proposed Development and is amenable to undertaking proceedings to form a community facilities district ("CFD No. 3") pursuant to the Mello-Roos Community Facilities District Act of 1982. as amended (the "Act") to fund such K- 12 School Facilities as the Proposed Development is accomplished, and Landowner is amenable to the inclusion of the Property within the boundaries of CFD No. 3; and WHEREAS, the School District and the Landowner have agreed upon the funding of the K-12 School Facilities for the Proposed Development from the following sources of funds: proceeds of (i) the special taxes ("Special Taxes") of CFD No. 3 to be paid in full either as a single payment tax paid in the amounts set forth in Exhibit "C" prior to issuance of building permits within the Proposed Development, or as an annual special tax levied in the full amount herein specified. (ii) bonds, of CFD No. 3 ("Bonds") or certificates of participation of School District paid by the Special Taxes of CFD No. 3 or (iii) an equivalent amount ("Mitigation Payment") paid at the issuance of the building permits if the School District conducts proceedings to form CFD No. 3 or annex the Property to CFD No. 3 consistent with the parameters set forth in Exhibit "C" and Landowner protests such proceedings. fails to vote or votes no in such election as to the Bonds or Special Taxes described in Exhibit "C" prior to the time when residential building permits are requested. The payment of the Mitigation Payment shall be full mitigation of the Landowner's obligation with respect to the impact of the Proposed Development of the Property on the K-12 School Facilities of the School District: and I3AKW&G/AB/ajni6926 3042.1() -2110/94 - Final • • I . -79 WHEREAS. School District and the Landowner intend that funding for K-12 School Facilities required to house students residing within the Property shall be provided on a timely basis by means of CFD No. 3 and its Special Taxes. Bonds Certificates of Participation or the Mitigation Payments. NOW. THEREFORE. in consideration of the terms and conditions herein set forth. the School District and the Landowner DO HEREBY AGREE AS FOLLOWS: 1. Definitions. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended. set forth at Title 5. Division 2. Chapter 2.5 of the California Government Code (commencing with Section 53311). Special Taxes" means the full amount of the Special Tax(es) that School District shall levy in each fiscal year after building permits are issued in the amount of $637.00 per year as to each single family detached ("SFD") dwelling unit ("DU") and $510.00 per year as to each single family attached ("SFA") DU. The term SFD and SFA includes all such units regardless of size and whether constructed for sale or for rent at the rates and according to the methodology set forth in Exhibit "C". "Board" means the Board of Trustees of the School District. "Bonds" means the bonds of CFD No. 3 or certificates of participation of the School District to the extent issued on the basis of payment of lease payments from the Special Taxes of CFD No. 3 to fund the acquisition and/or construction of K-12 School Facilities of the School District. "City" means the City of Carlsbad. California. BAKW&G/AB/ajn16926 3042.10 -2,10/94 - Final I. "Credit Funds" means the fair share of the following as reasonably determined by School District to be allocable to the Property: (i) any and all funds, reductions and liabilities or consideration in lieu of funds, received prospectively by School District other than for modernization or reconstruction of all K-12 School Facilities from the State for funding of K-12 School Facilities for new development, including the Proposed Development. (ii) the fair share of the proceeds of any certificates of participation received prospectively for permanent financing of additional K-12 School Facilities for new development, general obligation bonds hereafter issued by the District for the acquisition or the construction of additional K-I: School Facilities for new development in the School District not relating to payment of lease payments from the special taxes of CFD No. 3 or any other local financing described in Section 2.1(d) of this Agreement. The fair share determination made by School District shall include consideration of the number of DU approved for the Proposed Development in relation to the number of future DU provided for in the General Plan of City and reasonably anticipated to be developed within thirty (30) years. This determination by School District as to future local bonded indebtedness shall not include any allocation of the proceeds of a GO Bond Proposition in the amount of $600 per DU or less, as credit in the amount of $600 per DU already has been used by School District in calculating the Special Taxes described in Exhibit "C", and (iii) if, notwithstanding the provisions of this Agreement to the contrary. District or the State. County, City or any other agency are mandated by future legislation to impose and collect school fees within the Property for School Facilities, the amount of any such school fees so collected. "Final Formation of CFD No. 3" shall be deemed to have occurred upon the BAKW&G/AB/ajn/6926 3042.10 -2110194 . Final -4- I. WA S occurrence of all of the following: (i) the formation of or annexation or' the Property to CFD No. 3 including the authorization for the levy by CFD No. 3 of the Special Taxes and the authorization of the issuance of Bonds and (ii) the approval by the qualified electors of CFD No. 3 of the levy of the Special Taxes and the issuance of the Bonds, completion of a validation action, if the School District chooses to bring such an action, and the expiration of all applicable statutes of limitations as well as the effective date of validating legislation by the State of California. "GO Bond Proposition" means any local ballot proposition presented to and approved by the electorate of the School District after approval of this Agreement authorizing the District to issue general obligation bonds on a district wide basis. "Lease-Purchase Law" means the Leroy F. Greene State School Building Lease- Purchase Law of 1976, set forth at Title 1. Division 10. Chapter 22 of the California Education Code (commencing with Section 17700) and all standards and regulations adopted by appropriate State agencies in the implementation of such law. "Mitigation Payment" means a payment to be made at the issuance of each building permit in the amount of $6616 for an SFD dwelling unit and S5295 for an . SFA dwelling unit, which amounts shall increase by 3% per year commencing July 1. 1994. and each July 1 thereafter through July 1, 2008. Payment of the Mitigation Payment shall be required only if the School District holds an election to approve the levy of the Special Taxes prior to the time when residential building permits are requested by Landowner and Landowner protests such proceedings, fails to vote, or votes "no' in such election for the bonds or special taxes of CFD No. 3. BAKW&G/AB/ajn16926 3042.10 2/10f94 - Final -,'- .. S. "Proceeds" means the proceeds of the Bonds of CFD No. 3 including Certificates of Participation where the lease payments are to be funded by the Special Taxes of CFD No. 3 and Special Taxes of CFD No. 3 and investment earnings thereon. The Proceeds may be used for construction. administration of CFD No. 3. lease revenue payments or for acquisition. construction. furnishings or equipment including transportation as well as central administration and support facilities. "Single Payment Special Tax" means the Special Taxes as provided herein in Exhibit "C" which the Landowner may elect to prepay as a singlepayment of special tax prior to issuance of a building permit as to all residential development within the Proposed Development. "State Aid Consultant" means an architectural firm or other consultant of recognized experience in applying for and obtaining funds from the State of California for school construction costs pursuant to the Lease-Purchase Law and other available programs. The fees and charges of any State Aid Consultant incurred in efforts to obtain state funds shall be included in the "administrative expenses" for which the Special Taxes of CFD No.3 may be levied each year. 2. Miti2ation of School Facilities. 2.1 Formation of the Mello-Roos District. School District agrees to establish CFD No. 3 at the earliest practicable date, provided, however, the School District shall initiate proceedings to establish CFD No. 3 as to the Property or the Property and other areas in School District as determined by School District. within sixty (60) days after the effective date of the City's approval of the Zone 20 Specific Plan and related entitlements E3AKW&G/AB/ajn/6926 3042.10 -2110/94 . Final -6- .S •., currently beinu considered by the City. The Landowner agrees to participate and execute all documents reasonably requested by School District relative to formation of CFD No. 3 and authorization of the Bonds and Special Taxes of CFD No. 3 as described in Exhibit "C". CFD No. 3 shall be formed on the basis of and not to exceed the parameters set forth in Exhibit "C" with respect to the rate and method of apportionment of special taxes. Landowner, and its respective successors and assigns, shall be deemed to have fulfilled and mitigated their entire obligation to assist in financin g school facilities to serve the student population to be generated by development of the Property, so long as the provisions of this Agreement are complied with by the Landowner, upon the occurrence of the Final Formation of or annexation of the Property to CFD No. 3 or the payment of the Mitigation Payments. if such Mitigation Payments are required under the terms of this Agreement. This Agreement shall be deemed to satisfy any and all conditions of the entitlements for the Proposed Development, including conditions of the Zone 20 Local Facilities Management Plan and Financing Plan. As a result. the School District hereby covenants that it will not under any circumstances at any time: (a) exercise any power or authority (under Section 53080 of the California Government Code or any other provision of applicable law) to levy a fee. charge, dedication, or other form of requirement against any development project including any Senior only dwelling unit ("SO/DU") complying with the provisions of Section 65955.1 of the Government Code but excluding any commercial, or industrial project undertaken within the boundaries of the Property for the purpose of funding or financing any school facilities. If an SO/DU is converted to other use. it shall be subject to the Special Tax for a period of 30 years. BAKW&G/AB/ain/6926 3042.1() -2/1O/94• Final -7- O .)4 -2109 (b) require the City or any other governmental entity to exercise. or cooperate with the City or any other governmental entity in the exercise of, the power under Title 7. Division I, Chapter 4.7 of the California Government Code (commencing with Section 65970) or any other provision of applicable law, to require the dedication of land, the payment of fees in lieu thereotl or both for classroom or related facilities as a condition to the approval of a development project including any SO/DU only but excluding any commercial or industrial development project) within the boundaries of the Property; (c) oppose development (including but not limited to commercial. industrial or residential development) of the Property on the basis of inadequate K-12 School Facilities or seek other forms of mitigation with respect to the adequacy of school facilities, including, but not limited to. the establishment of developer fees, the payment of money by the Landowner. the dedication of land, against the Landowner or any property, (including Seniors only, but excluding commercial and industrial development) within the boundaries of the Property permitted by present or future State law, rulings, regulations and court decisions if the proceeds of such fees. assessment or requirement will be used to finance or fund any K-12 School Facilities: or (d) issue bonds, except the herein described Bonds, or incur any other form of indebtedness, payable from taxes or assessments of any kind (other than the School District's portion of the existing property taxes) levied on any property within the boundaries of CFD No. 3, the proceeds of which are to be used in whole or in part. directly or indirectly, for funding or financing the K-12 School Facilities. The BAKW&G/AB/ajw6926 304210 -2110194 - Final O. limitations contained in this clause (d) shall not be applicable to any general obligation bonds. Mello-Roos bonds or other local financing, which may he approved by the registered voters within the boundaries of the School District or assessments pursuant to the Landscaping and Lighting Act of 1972 or other assessment proceedings available to the School District for such assessment district encompassing the entire School District. 2.3 Other Properties. In order to equalize treatment of landowners seeking to develop within the School District boundaries. School District agrees to use its best efforts to enter into agreements comparable to this Agreement with the owners of other properties within the School District in order to obtain financial commitments for School Facilities from them at least equal to that committed by the Landowner hereby: provided. however, if, notwithstanding the use of such best efforts. School District is unable to enter into such agreements, such inability shall not constitute a breach of this Agreement. 14 Covenant to Construct School and House Students. The School District covenants for the benefit of Landowner and any persons owning residential property within the Property, that if sufficient funds are received through CFD No. 3. School District will use its best efforts to construct K-12 School Facilities sufficient to house students generated from development within the Property. 2.5 Covenant Not to Acquire or Condemn Property. The School District covenants and agrees that it will not seek to acquire the Property or initiate condemnation proceedings to obtain the Property by eminent domain for a period of five years from the date of this Agreement. This covenant shall be applicable to. bind and inure to the benefit of the successors and assignees of the respective parties. .Accetance of a deed from 00 the Landowner or a successor to the Landowner is conclusive agreement to this covenant as to any successor of Landowner. 2.6 Disclosure. Landowner hereby covenants to the School District that Landowner shall provide, or by contract with purchasers of portions of the Property or merchant builders require to be provided, to every purchaser of property subject to the Special Tax disclosure required by law that adequately discloses the existence of the Special Tax, the rate and method of apportionment of Special Tax and the timing and manner of collection of the Special Tax, as well as the amount of the Bonds authorized and possibly to be sold and issued as well as requiring compliance with disclosure practices then in existence in the home building and home sale trade in the County of San Diego. Landowner expressly acknowledges that the School District and CFD No. 3 shall have no duty or obligation and shall incur no liability, jointly or severally, with respect to the herein described covenant of the Landowner. 2.7 Indemnification Regarding Disclosure. Landowner shall assume the defense of, indemnify and hold harmless the School District and CFD No. 3 and each of their officers, employees and agents from and against any and all actions, damages, claims, losses, expenses or liability arising from, or related to, Landowner's covenant and obligation to disclose the Special Tax to property owners as provided in Section 53341.5 of the Act. or as amended in the future and arising from any information set forth in any Official Statement of any of the Bonds to the extent such information is furnished by the Landowner. State Funds. 3.1 State Aid Application. School District shall utilize its best efforts to pursue approval of any State funding that may become available to School District under the BA KW&G/AB/ajn1ô926 3042.10 -2/10194 - Final -10- .• •. • .37 Lease-Purchase Law or any other State law. Subject to District's obligations contained herein. Landowner acknowledges that the risk of denial of the application by the State is borne by Landowner and by payers of the Special Tax within CFD No. 3 and is not a basis to lodge a protest of any Special Taxes paid or to file a claim for the recovery of any Special Taxes paid. 3.2 Apolication of Credit Funds. Landowner and School District agree that, to the extent legally permissible. should School District receive Credit Funds. (i) the Property's share thereof as reasonably determined by School District, will be placed in the sinking fund or other appropriate fund established under CFD No. 3. and will be applied to reduce the amount of any subsequent bond issue, if received prior to the sale of Bonds, or applied to pay debt service and to retire Bonds at the earliest date possible. if received after Bonds have been sold and (ii) Special Taxes shall be proportionately reduced. 4. BindinQ on Community Facilities District. Upon formation of or annexations of the Property to CFD No. 3. CFD No. 3 shall automatically become a party to this Agreement. and all provisions hereof which apply to the School District shall also apply to CFD No. 3. The Board, acting as the legislative body of CFD No. 3. shall perform all parts of this Agreement which require performance on the part of CFD No. 3. 5. Index of Costs. The Mitigation Payment and Special Taxes, until a building permit is issued, shall be adjusted on July 1, 1994 and each July 1 thereafter. on the basis of 3% until, but inclusive of July 1, 2008. 6. General. 6.1 Successors. All of the covenants, stipulations. promises and 3AKW&G/AB/ajni6926 3042.1() .2/10/94 . Final .. .6 agreements contained in this Agreement by or on behalf of. or for the benefit of. any of the parties hereto, shall bind and inure to the benefit of the successors of the respective parties. 6.2 Assianrnent. (a) Prior to Final Formation of CFD No. 3. no sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter. Landowner shall notify the School District. in writing, of such sale, transfer or assignment and shall provide School District with an executed agreement. in a form reasonably acceptable to School District, by the purchaser, transfer or assignee and providing therein that the purchaser. transferee or assignee expressly and unconditionally assumes all duties and obligations and receives all benefits and rights of Landowner in this Agreement with respect to the Property or portion thereof conveyed. (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Landowner under this Agreement. Notwithstanding the failure of any purchaser. transferee or assignee to execute the agreement required by paragraph (b) of this Section. the burdens of this Agreement shall be binding upon such purchaser. transferee or assignee. but the benefits of this Agreement shall not inure to such purchaser. transferee or assignee until and unless such agreement is executed. 6.3 Amendment and Waiver. This Agreement shall be amended only BAKW&G/AB/ajn/6926 3042.10 .2110/94 - Final -I:.- 00- AL 0 21 by a written instrument executed by the parties hereto or their successors. All waivers of this Agreement must be in writing and signed by the appropriate authorities of the parties hereto. 6.4 Severability. If any provision of this Agreement shall be invalid. illegal or unenforceable, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. 6.5 Intearation. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties. 6.6 Notices. Demands and Communication. Formal notices, demands and communications between the School District and Landowner hereunder shall be sufficiently given if mailed by registered or certified mail. postage prepaid. return receipt requested. to the principal offices of the School District or Landowner, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Such notices. etc., shall be deemed received upon delivery if personally served, or upon the expiration of seven (7) business days if given by registered or certified mail, return receipt requested. If to the School District: Carlsbad Unified School District 801 Pine Avenue Carlsbad, CA 92008-2439 With a copy to: Alexander Bowie. Esq. Bowie, Arneson. Kadi. Wiles & Giannone 4920 Campus Drive, Suite A Newport Beach, CA 92660 BAK\V&G/AB/ajn/6926 3042.10 2/10/94 - Final -13- .. I. If to the Landowner Mr. Aharon Abada 6121 Romany Drive San Diego, CA 92120 With a copy to: Donald W. Detisch. Esq. Detisch. Christensen & Wood 444 West C Street. Suite 200 San Diego, CA 92101 6.7 Arbitration. Any controversy or claim arising out of or relating to this Agreement. or breach thereof shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 6.8 .Artornevs' Fees. In any litigation or arbitration arising out of the breach of this Agreement by any party, the prevailing party in such arbitration or litigation, in addition to any other relief which may be granted whether legal or equitable. shall be entitled to recover reasonable attorneys fees and all other reasonable costs incurred in such arbitration or litigation and allowed by the arbitrator or court. 6.9 InterDretation. The terms of this Agreement. including all Exhibits hereto, shall not be construed for or against any party by reason of the authorship of this Agreement. but shall be construed in accordance with the meaning of the language used. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 6.10 Force Maieure. Performance of this Agreement is subject to strikes, wars, severe weather and a moratorium on any necessary public utilities, as well as actions or events beyond the control of the Landowner. BAKW&GIABIajnI6926 3042.10 -2/10/94 . Final -14- .• . •. a 9 J 6.11 Recordation Notice. This Agreement or a notice describing the existence of this Aureement and the Property may be recorded by Landowner or by the District. Any monetary encumbrances or options after the date of execution of this Agreement shall be subordinated to this Agreement prior to School District certiing to City the availability of K-12 School Facilities for the Property. 6.12 Execution. This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. 6. I 3 Exhibits. All Exhibits attached hereto are incorporated into this Agreement by reference. IN WITNESS WHEREOF. the parties hereto have executed this Funding and Mitigation Agreement on the day and year rirst above written. CARLSBAD UNIFIED SCHOOL DISTRICT By: S uperintWdent APPROVED AS TO FORM: BOWIE, ARNESON. KADI. WILES & GIANNONE Legal Couns Carlsbad Unified __ chool District By .AHARON ABADA ,' ,c!.( BAKW&G;AB/auvo926 042.10 -213/94 - Final •: •• •' . . . • 6. Ii Recordation Notice. This Agreement or a notice describing the existence of this Agreement and the Property may be recorded by Landowner or by the District. Any monetary encumbrances or options after the date of execution of this Agreement shall be subordinated to this Agreement prior to School District certifying to City the availability of K-12 School Facilities for the Property. 6.12 Execution. This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. 6.13 Exhibits. All Exhibits attached hereto are incorporated into this Agreement by reference. IN WITNESS WHEREOF. the parties hereto have executed this Funding and Mitigation Agreement on the day and year first above written. CARLSBAD UNIFIED SCHOOL DISTRICT zi Superintendent APPROVED AS TO FORM: BOWIE, ARNESON, KADI, WILES & GIANONE Leal Counsel - Carlsbad Unified School District BY A 21 AHARON ABADA BAKW&G1AB/ajn/0926 3042.10 -2/10/94 - Final - I)- QUALITY ORIGINAL (S) ) '4 1 t t. ee j J t-'048 0 üt'1itI (4 H 11 kI ki ' •• II (1 H .1 0 0 '0 I 4 " '.1 (1 • 4-4 t ti C)0 t: (j) •i' - f73 UI • I-' Li '1 Cl Cl .4 () i.j i :'. -i '1 (1 UI •• r . - (ii •) 4) •) C) II •.1 '1 ' ) I.I -- (1 C) i :I t:: •i .1 I C) £ "I CI 'I 4.') (.1 ?i :4i u' i "4 Li - In 'I ti 44 L'4 I_i U) tJ) '4 44 •4 44 . LI) (I ti e' ('1 4) 44 I-I I' 44 C) "1LiIL'O ,I40 ul C) .4 t74 If I UJ Ci 'i 11 41 0 1 • • 1 (4 - I') 0 i •1 ti C 'q 4' ' Ii, Ci) Li) ti C i o.i ' 44 I (4 () ( Iii 4-4 $. 4 In >1 '44 C) 11 4 .4 1'l U as r' Iii fl H C) )i'i4tJ)ii "ii 4.) 'tJi 'i-I tiif. t-'JtI) wi i ' -.j C).-J til en • ' F. In 4.') C) " fit U Ii 11 0 (1 ti 19 iI uifltJ)) i-i ) ti —1 C) t-' 4) 4.1 I .4L4(4c)()f) i-i , t4s1 J F 4-4 iii d 'i I.. N U) 4' £ 4• I • (1 .i c -• 0 C) In IWO - (fiflUI 144.4)1,1 V0 $4411 r I.ttlqt, t.sIn-,- 4Ln 00 44 wf) •1ij j tit I 0.i;iJ)i t . d 4' UI C) j 4.) 14 - 4 I 4 :i t4 a 4 - ti tt I.; 8 i CI 1' (1) - iii tI il 4.) )' ii I-' • (1 4.4 ti 'I Cl i-I .1 4.) 'i ti II 2 4 , C) - 1411 • I I. :-' i £ -4 'II 1' (a) C) Ui •d 'xi ill 19 C-' I to II II II , 4-s 1 •I 4) - C) i f - C' I oil C) , •'i a • a - Ii eI 1) I) 4 .4 Ui 4'4 14) In Li) U' 414 14_J Iti a 0 11It -4 In lij. 4) I. it ,,11 Ci (I P-i U I-S C) r-' fl1 1.1(1 4)444) Cl, (n 4-1 411 IJ 01- rrl C 'ii • (f) I-I Ij L' t-- Li) &J H C 4 (_)•_$ 0 "I 11 Of ' o aiil .*i 44 In 11.1 - 4-I'll Ii) (1)00 114 ' 4 4 1 411 0000 '•I III '34 4 - rILD IF) 44 4.4 II *4 ti iii it i- ti l'i '- C'i (I r ° ? I- ('1 .. U.' U ak, Pt tj:)11Il k t IltIlitlI I' t r hi! I ' k -? III o rn •T1 r1 rn w H —.-I - - L ' • ' - 1' I J I ft k I\•• .4 ..\I 1ii 3t . •p Ji • - I. - (" f••" tri?c') — - -- 1 -• kz I E .1- r -p II I '' c•. 1LI 491 •Ll ti t - kit '• •l .. •. z2-~ Ok 1' EXHIBIT C ti . PARAMETERS OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES (1) Special Tax Rates: (a) if levied annually: SFD = $637 (subject to escalation as set forth below) SPA = $510 (subject to escalation as set forth below) or (b) if paid as Single Payment Special Tax SFD = S6.616 per DU (subject to escalation as set forth below ) SFA = $5,295 per DU (subject to escalation as set forth below ) (2) The Special Tax shall increase, commencing July 1. 1994 and each July 1 thereafter through July 1. 2008 by 3% per annum. (3) Property will be subject to the Special Tax commencing in the first fiscal year after a building permit is issued, at which time the Special Tax shall be fixed for that DU. The Special Tax shall be levied on each DU for a period of 30 years unless paid as a Single Payment Special Tax. This shall apply to building permits issued prior to May 1st of the preceding fiscal year. (4) No Special Tax shall be levied on the property prior to issuance of a building permit. (5) Partial or total prepayment of Special Tax shall be permitted at any time on a prepayment formula reasonably specified by School District. (6) Seniors only housing meeting the definitions of Government Code Section 65995.1 and commercial/industrial development which would be exempt from the Special Taxes. Industrial and commercial property shall pay the statutory school fees as provided by law. BAKW&O/AB1ajw6926 3042.10 -2/10/94 - Final C-1 .. .f STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO On before me. ersona1Iv appeared (here insert name and title or the officer) ersonai1v known to be (or proved to me on the basis of satisfactory evidence to be the ersonc known to me or proved to me on the basis of satisfactory evidencei to be the person(i) whose is/ subscribed to the within instrument and acknowledged to me that :hev executea the same in authorized capacicyn and that by hisihc::thrsignawres(S on the instrument the personc's . or the entity upon of which the person acted. executed the instrument. WITNESS my hand and oriiciai seal. COMM. #1cGI7 Nofor' Ptuc - Catiforrio SM DIEGO COUNTY Comm. Excir" SEP 12-1997 Signature Lid,, L Notary Public 3AKW&GiABiarnio926 (}42.I() J10/94 - Frta1 _., 4 ALL-PURPOSE ANLEDGMENT State of California } '97 County of San Diego } On February 17, ja9 , before me, Linda Brown, Notary Public Date Name. ritle of Officer personally appeared Georce W. Mannon Name(e) of Signer(s) personally known to me OR 0 proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/4r---subscribed to the within instrument and acknowledged to me that he/s- ,t'ey executed the same in his/e--4-r authorized capacity(-e -), and that by his/h-cr/tt4-r signatures- on the instrument the person.s-, or the entity upon behalf of which the person(4 acted, executed the instrument. • . 1NOABRCWN CCMM.#989858 Notary PIIC — Ccutornia > S.41' DIEGO COUNTY ty Comm. Expires MAR 3!, 197 - -,_; -----.,. — CAPACITY CLAIMED BY SIGNER Witness my hand and official seal. Signature of Notary Individual (s) IZ Corporate Off icer(s) Superintendent Li Partner(s) ThIets E Attorney-in-fact 0 Trustee(s) 0 Subscribing Witness 0 Guardian Conservator D Other SIGNER IS REPRESENTING Carlsbad Unified School District (Name of person(s), or entlty(ies) ATTENTION NOTARY: Although the information requested below is optional, it could orevent fraudulent attachment or mis certificate to unauthorized document. THIS CERTIFICATE Title or Type of Oocument_re meq f of Nidicatic". MUST BE ATTACHED Number of Pages ig Date or Document •2__ TO THE DOCUMENT Signer(s) Other Than Named Above DESCRIBED AT RIGHT: 1/27/94 njg • ItCITY OF CARLSBAD LIRNIA 920081200 CARLSBAD VILGE DRIVE CARLSBAD, 434-2867 REC'D FRO -- (ell-z- -f - 1 ACCOUNT NO DESCRIPTION AMOUNT I - RFtIPT NO. I Al MS NOT VALID UNLESS VALIDATED BY TOTAL i ® CASH REGISTER Printedonrctedpaper. 00 04P PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a leXter stating whether this application is complete or incomplete. If it is ,jr)1plete, the letter will state what is needed to make this application comp)et%/ When the application is complete, the processing period will start tjph. 6ate of the completion letter. Applicant Signature: Staff Signature: - Date: • To be stapled with receipt to application • Copy for file GREYSTONE HO EINC. IR 495 East Rincon, Suite 115, Corona, CA 91719 O 7 Upper Newport Plaza, Newport Beach, CA 92660 O 6601 Koll Center Parkway, Suite 220, Pleasanton, CA 94566 E3 577 Salmar Avenue, Campbell, CA 95008 TO CITY OF CARLSBAD PLANNING DEPAR1ENT 2075 Las Palms Drive Carlsbad, CA 92009-1576 L E 77~Ao F 7M4IT°AL DATE PLAN NO April 28, 1995 [ATTENTION I Jeffrey Gibson, Associate Planner RE: Planning Committee Submittal cr92-1 Costa Do Sol WE ARE SENDING YOU EX Attached F-] Under separate cover via _________________ the following items: Iii Shop drawings Prints LI Plans Samples Specifications []Copy of letter j Change order EX See Re1.i COPIES DATE NO. DESCRIPTION 10 Architectural Plans 10 Recreational Facility Plans 10 Buffer Park Plans 10 Site Plans 1 Environmental Impact Assessment Form 1 Disclosure Notice 1 Land Use Review Application 1 Preliminary review - Pro 95.07 Costa Do Sol 1 Agreement Between Abada and School District 3 Title Reports Dated 2/27/95 10 I fl, Form - Active/Passive Open Space Calculation cm1iane Suanav THESE ARE TRANSMITTED as checked below: For approval Approved as submitted Resubmit copies for approval For your use Approved as noted El Submit copies for distribution I1 As requested LI Returned for corrections Return _____ corrected prints For review and comment EX For Submittal Fj FORBIDS DUE ________________ 19 PRINTS RETURNED AFTER LOAN TO US REMARKS Please contact me if you have any questions. COPY TO SIGNED ss/thristopher Young Form t 002 If enclosures are not as noted, kindly notify us at once- ii S. .. City of Carlsbad March 29, 1995 Greystone Homes, Inc. 495 East Rincon Suite 115 Corona CA 91719 APR 2 8 1995 ED 4r n i 1D 1 APR LJ !4LN SUBJECT: PRE 95-07 - COSTA DO SOL APN: 214-140-40 Preliminary review of your project was conducted on March 23, 1995. Listed below are the issues raised by staff. Please note that the purpose of a preliminary reviewis to provide you with direction and comments on the overall concept of your project. The preliminary_ review does notrepresentanin-depthanalysisofyourproject.Additionalissuesofconcernmaybe raisedafteryourapplicationissubmittedandprocessedforamorespecificanddetailed review. Planning: 1. The Planning Department recommends that the citywide trail link for the project remain in it's approved location along the western boundary of the site, for the following reasons: (1) the trail alignment is located away from public roadways; (2) the northern connection with the future community park is already planned; and, (3) the trail follows along a small natural riparian corridor in this area (Northwestern corner of property). To assist in the future implementation of the trail connection the Planning Department recommends that the 20 foot wide trail easement be placed in a separate open space lot that is deeded and maintained by the project's Homeowners Association and that the perimeter wall be constructed when the trail is graded. 2. To help buffer the homes from the park along the northern property line, the Planning Department supports your proposal to place the wall at the property line and to plant large numbers and sizes of trees. The selection of tree types should be compatible with the park's planting plan along this boundary. A six foot high wall is the maximum wall height permitted along the rear property line, therefore, to increase the height of the buffer wall the Planning Department recommends that the six foot block wall be placed on a 2 to 3 foot high mound or berm. 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 aw .• PRE 95-07 - Costa Do So! March 28, 1995 Page 2 3. When there are 10 or more structures in a row the PD Ordinance requires a 20 foot separation between two-story buildings (see the marked plans for compliance with these standards). All front, side and rear setbacks must be shown on the plans and they must all be legible. 4. The building setback along Hidden Valley Road must be a minimum of 15 feet to allow the 10 foot wide landscape area, while providing at least 5 feet from the perimeter wall to the home. 5. The proposed building elevations and floor plans are an improvement over the approved plans, however, it is important that the new homes meet the City's Guidelines for Small Lot Single-Family Projects. Please provide text and graphic exhibits that illustrate compliance with City Council Policy No. 44. Engineering: Please be advised that Engineering Department staff do not support the request to relocate the proposed trail to Hidden Valley Road. 2. Please provide staff with a parking lot design for the proposed RV storage lot, indicating parking stall dimensions, aisle widths, turning radii for RV's, etc. 3. Substantial sewer issues exist for this project. Engineering Department staff are of the understanding that this proposed project may not be permitted to increase the size of the proposed sewer pump station located at future Poinsettia Park. Also, environmental constraints may preclude installation of a sewer force main westerly of the project to the existing sewer facilities within Paseo Del Norte (PDN). This is a major issue and must be fully addressed/resolved prior to a final map being recorded and building permits being issued for this project. Upon formal application submittal, please provide staff with documentation from the Carlsbad Water District (CWD), District Engineer that this issue has been addressed/resolved. 4. Indicate any change in grading quantities due to the new proposal to delete the multi- family and provide single-family dwellings at the southeast corner of the site. 5. Indicate 100' - 200' of future off-site subdivision improvements for Mariners Point (CT 91-12), directly east of this proposed project. 6. It has come to staffs attention that the proposed project (Mariners Point) directly east of Greystone's proposed project may also be requesting an amendment to their approved tentative map, with regards to converting their multi-family site to single-family dwellings. The Mariners Point multi-family site is directly adjacent to Greystone's multi- Ole - 00 PRE 9507 - Costa Do Sol March 28, 1995 Page 3 family site. Engineering staff have had previous discussions with Mariners Point regarding the potential connection of "C" Street, within the Mariners Point subdivision, to Atlantic Court, within the Greystone subdivision. If Mariners Point does request a tentative map amendment to delete this multi-family lot, then staff will want to again pursue this circulation connection. Upon formal application submittal, Greystone must address this optional circulation system. Additionally, staff investigation of the Mariners Point tentative map indicates potential slope/grading deficiencies with regards to slopes encroaching into the proposed RV storage lot and lot's 116 & 121. All grading must match with adjacent projects. Please indicate the correct slopes on the tentative map. 7. In accordance with item 6 above, it has also come to staffs attention that providing a school in this area was also an issue with regards to these tentative maps. Perhaps the Greystone and Mariners Point multi-family lots could be combined and utilized for a school site. This issue must be addressed. Please supply documentation from the appropriate school district regarding this potential option. Please contact Jeff Gibson at (619) 438-1161, extension 4455 if you have any questions. Sinceely, 1t'RY/E. WAYN] Assistant Planning Director GEW:JG:Jh C: Bobbie Hoder File Copy Data Entry