HomeMy WebLinkAboutSP 23G; CARLSBAD CORPORATE PLAZA; Specific Plan (SP) (3)•
PRELIMlNARY,REV1EW APPUCA nON
PROJECT' NAME; CAPITAL FINANCE GROUP
APPLICANT NAME: SMITH CONSULTING ARCHITECTS
MAlLlNG ADDRESS: 5355 Mira Sorrento Place Suite 750
PHONE NUMBER: ' (619) 452 318.8
PROJECT ASSESSOR'S PARCEL NUMBER(S) (
DESCRIPTION OF PROPOSAL (ADD ATtACHMENT IF NECESSARy):
Two ( 2 ), Two-sto,ry office buildings. totalling
74,000 square feet.' Parking provided at 4/1000.
~an Die' 0
CA 92121
WOULD YOU.LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF
, , '
PLANNER/ENGINEER? . YES' NO'
"D ,m"
PL,EASE LIST THE ,NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO
REGARDING THIS PROJECf. IF NONE, PLEASE SO STATE.
Crister Westman
.. :.,
FOR CI1Y USE ONLY
PROJECf NUMBER: f?(U3?6 -y.J ' I
F~E REQUIRED/DATE FEE PAlDf-{20 .. a:a LC1~io-ff
RECEIPT NO.: '306'16, , 7, ,
REC~M:D BY: [/. {ytv ~ i·, '
~ .... , -.. -.... -~
'\I~ ...... """"""'"'-
'170 'rl ' ~(.( I.II,IIV) nwoc:'uur\ Jf1 I' T" " r-(' ,() T 1'\1 1 1.." "., 'j'l\('\
r-r' • CITY OF CARLSBAD • f '> ,~
/.,-. LAND USE REVIEW APPLICATION' . FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT (FOR DEPT
USE ONLy) USE ONLY)
0 Ma$ter Plan 0 General Plan Amendment
rn Specific Plan (Amendment) (1?LY) 0 Local Coastal Plan Amendment
Ref. PRE 96-43, SP 23(F)
0 Precise Development Plan 0 Site Development Plan
0 Tentative Tract Map 0 Zone Change
0 Planned Development Permit 0 Conditional Use Permit
0 Non-Residential Planned Development 0 Hillside Development Permit
0 Condominium Permit 0 Environmental Impact Assessment
0 Special Use Permit 0 Variance
0 Redevelopment Permit 0 Planned Industrial Permit
0 +ea9ti'"e Parse! Map ~ Coastal Development Permit
Obtain from Eng. Dept <11-\D
0 Administrative Variance 0 Planning Commission Determination
,
I-.J Administrative Permit -2nd Dwelling Unit 0 List any other applications not specified
2) ASSESSOR PARCEL NO(S). 211-040-18
3) PROJECT NAME: Carlsbad Corporate Plaza
4) BRIEF DESCRIPTION OF PROJECT: Two 2-story office buildings (33,277 s. f. & 41,589 s. f. )
on 4.59 acres with parking for 300. cars.
5) OWNER
NAME (PRINT OR TYPE)
Carlsbad Corporate LLC.
MAILING ADDRESS
Post Office Box 15163
CITY AND STATE ZIP
6) APPLICANT
NAME (PRINT OR TYPE Richard Cornelius
Smith Consultin Architect
MAILING ADDRESS
5355 Mira sorrento Place suite 6
TELEPHONE CITY AND STATE ZIP TELEPHONE
~ __ L_a_s __ v_e~g_a_s~N~e_v~a~d~a~8~9~1~1~4~(~7~O~2~~5~'9~4~-~2~2~8~04-~S~a~n~D~1~'.e~o~~C~a~1~i~f~o~r~n~1~'a~9~2~1~~~~~~~a
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF tim OWNER
ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT
MY KNOWLEDGE. TO THE BEST OF MY KNOWLEDGE.
5~. VICE.. ~S/AM· 4w>il1rt-h~
SIG uim
1
t) BRIEF LEGAL DESCRIPTION: Parcel 3, Parcel map 3415, City of C~rlsbaa,
San Diego County, California .
NOTE:
CITY OF CARLSBAD
USE REVIEW APPLICATION PAGE 2 OF 2
8) LOCATION OF PROJECT: 6183 & 6185 Paseo del Norte
STREET ADDRESS
ON THE '--_,;;;.,s,;;;.,o,;;;.,u..,.;;;t.;;,;;h;.....-. ______ ...JI SIDE OF I Pas eo del Norte
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN Camino del Parque AND Palomar Airport Road
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDNISION
(RES! COMM! INDUS)
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
EXISTING ZONING
r-:jI 11) NUMBER OF EXISTING . ~ 12) PROPOSED NUMBER OF ~ RESIDENTIAL UNITS ~ RESIDENTIAL UNITS
r::::::::l 14) PROPOSED INDUSTRIAL h J-15) PROPOSED COMMERCIAL ~ OFFICE/SQUARE FOOTAGEf 4, 86 P SQUARE FOOTAGE
r:--J 17) PROPOSED INCREASE iN L.!---1 AVERAGE DAILY TRAFFIC
I ~ 20) EXISTING GENERAL
4.5 PLAN
W 23) PROPOSED ZONING
1 18) PROPOSED SEWER USAGE r:-:I
1 371 IN EQUN ALENT DWELLING L.!LJ
UNITS
21) PROPOSED GENERAL PLAN II
DESIGNATION .L--J
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS, DESIGN REV BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE
PRO ERTY TH IS THE SUB T OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE ((}IIDITtorJ,;;A . 1"JI!T' AL.(.. f1J~'IWN/)IV/tJl)A-l--S ~€" W/a.L HocJ> IJ$ ~l-t<;S
1l61tlrJSI t/I/dIUry n!'J1 /I1,ty ~c(.o.J/e.. /hJIJ #~ IWtlfU$S Ift.tl>
/"'/JUI/J,FIUJ 13'1 PIE-Ci7j ~F~M/iJ nit i'/f lIdore ~
111/.)1'11 (,)vI/1.-S.
**************************************************************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
APR 0 9 1997
RE~ .. IC~~-
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO.
FRM0016 3/96
~/ .. ,.~ <
/ • • City of Carlsbad • :;U§i",' i ,i .• -14 ·hi;; .. t4 ,i'
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OFDISCLOSURE OR CERTAIN OWNERSHIP INTERESTS 0 NALLAPPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD, COMMISSION OR COMMITTEE
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
Carlsbad Corporate.LLC .
. 2. Owner
List the names and addressees of all person having any ownership interest in the property involved.
Carlsbad Corporate, LLC.
3. If any person identified pursua,nt 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. .
Seaview Pacific Zinc Investment Group
Post Office Box15163 Post Office Box 142B1
Las Vegas, Nevada 89114 . Las V·egas, Nevada 89114
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 tru.st.
DISCLOS.FRM 2/96 PAGE 10f2
2075 Las Palmas Drive • Carlsbad, CaJifornia92009-1576 • (619) 438-1161 @
5. Have you ha~ mo.an $250 worth of business trans.d with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
DYes [iJ No If yes, please indicate person(s), ___________ _
Person is 'defined 'as', uA'nyTn'ciivfduaC"''ffrm', co:partnershfPi,Jtifnt:venture:: asso'C"iatlon'; social club,
fraternal organization, corporation; 'estate,' trust~; re6fifver,~:syndicat~~;;tt:lis:;a'nd"an,y .other county, city
and county, city . municipality, ~~'district -or oth~6rpolitib'al;.0sul:idivl§io;, -"Cif::', :a'riy ::other group, or
com.bination acting as a unit. '~::" ,;.: ,~'''~ , ,.:;:S1~;;~:bj;,~:;':::,.:~:'~;;::.;i;.:( .:..:.:;"i~i:i~L.:~ .. , .
NOTE: Attach additional sheets if necessary.
Carlsbad Corporate. LLC.
Print or type name of owner
By: Seaview Pacific, LLC.
Its managing member
By: Capital Finance Group
Its Manager
Disclosure Statement 10/96
Signature of applicant/date
Print or type name of applicant
Page 2 of 2
.~ • • PROJECT DESCRIPTION/EXPLANATION ,
PROJECT NAME: Carlsbad Corporate Plaza
APPLICANT NAME: Carlsbad Corporate LLC .. _
Pleas~ describe f~lIy the proposed project. Include any details necessary to adequately
explaIn the s~ope an~/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.
This project consists of two 2-story mUlti-tenant office shell buildings on 4.59 acres located at the
southwest corner of Paseo Del Norte and Camino Parque, in the City of Carlsbad, California.
Parking for 300 cars (211 standard, 82 compaot, & 7 handicap spaces) is provided.
The site is pre-graded, relatively flat, sloping approximately 1 % west to east. This site was
previously approved for a three building, 2-story, 78,398 square foot office complex with surface
and subterranean parking, under SpecifiC Plan 23 (F).
The project is laid out with the buildings along the westerly edge of the site with the parking and
landscaping comprising the easterly portions. Access to the site is provided via a main entry on
Paseo Del Norte approximately 160 feet north of the intersection with Camino Parque. A
secondary drive is provided on Camino Parque at the southeast corner of the site. The buildings
were pushed as far as possible away from the adjacent residences in order to provide relief from
the building forms, and to take advantage of the freeway exposure and the ocean view. The
parking incorporates large planter areas and tree-wells generously spaced. throughout to enhance
the project with many large species trees and shrubs.
Building 'A' is a 2-story building of 33,277 square feet. Building 'B' is a 2-story building of 41 ,589 .
square feet. Each building is to be of tilt-up concrete construction with steel floor and roof
framing systems. The buildings feature many recesses and changes of angle, along with 2nd
floor balconies, all to provide visual interest and relief in the building mass. A 2-story glazed .
entry will lead into an atrium lobby incorporating a linear skylight to bring daylighting into the .
interior space. The exterior finishes of the building include painted concrete in muted tones with
natural stone enhancing the foundation, punched window openings, and full height glazing at
prominent locations. The glazing is to be a medium blue reflective glass with painted mullions.
The landscape concept provides for an aesthetic and functional treatment of the project. Identity
is created through palms, flowering trees, shrubs, and ground cover. Canopy flowering trees are
also featured throughout parking areas. A refined character is created at foundation and
perimeter plantings. Street trees and screening shrubs buffer adjacent properties ..
Aw.41i1 ProjO .. c.frm
~'7:Z'~ ·tI.:'..;.p.: ..... ~· " . . z:."?f:2·;\.t:!·.K ~~~;;.~;'-.~~~ '"':--~~.~ ~ '". . ~%~~ioM .~·NO • 1402. 92 •• :0/'.0:" ~'V'?"")' ,,' ". .' ('10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
SLP
SCHEDULE A
AMOUNT OF INSURANCE $975, 0,00. 00
e·
ORDER NO. 1143058-2
POLICY NO. 114.3058-2
PREMIUM $2,055.60
DATE OF POLICY: MARCH 11, 1997 AT 3 :48 P.M".
1 . NAME OF INSURED:
CARLSBAD CORPORATE LLC, A NEVADA LIMITED LIABILITY COMPANY
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED 'BY THIS
POLICY IS:
FEE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS'VESTED IN:
CARLSBAD CORPORATE LLC, A NEVADA LIMI·TED LIABILITY COMPANY
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "1" ATTACHED HERETO
PAGE 1
.~:5f;;rf}}J-;: ... 1J~,<~,\'~~
" , ,;~~~;J.t,6ru·r,_NO. 1402.92 "--,i:}> (10/17/92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
•
ORDER NO. 1143058-2
SCHEDULE B
THIS POLICY DOES NOT INSURE AGAINST ,LOSS OR DAMAGE (AND THE COMPANY
WILL NOT PAY COSTS, ATTORNEYS' FEE$ OR EXPENSES) WHICH ARISE BY
REASON OF:
PA'RT 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 ?ROPERTY OR BY THE ,PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY
THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN
INSPECTION OF SAID LAND OR BY MAKING I,NQUIRY OF PERSONS IN
POSSESSION THEREOF. '
3. EASEMENTS, CLAIMS OF EA$EMENT OR ENCUMBRANCES wHICH ARE NOT
SHOWN BY. THE PUBLIC RECORDS.
4.. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD
DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECQRDS.
5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS
IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF i (C)
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE
MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC
RECORDS.
6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERI~
THERETOFORE OR HEREAFTER 'FURNISHED, IMPOSED BY .LAW AND; NOT
SHOWN BY THE PUBLIC RECORDS.
PART TWO:
1. THE . LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY I
ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTI9N 75 OF
THE CALIFORNIA REVENUE A,ND TAXATION CODE AND ANY OTHER
APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION
CODE'.
2 . THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ..?lliY
RIGHTS OF INGRESS OR EGRESS TO OR FROM THE FREEWAY, ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED BY 'DEED
RECORDED FEBRUARY 16, 1966 AS FILE NO. 27424 AND MAY 31, 1966
AS FILE NO.· 89678, BOTH OF OFFICIAL RECORDS.
PAGE 2
.. . .. ..
ORDE~ NO. 1143058-2
3. AN AGREEMENT REGARDING CONNECTION TO SANITARY SEWER SYSTEM AND
TEMPORARY DISPOSAL SYSTEM, DATED JULY 11, 1974, UPON THE
TERMS, COVENANTS,'AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: FINANC!AL SCENE, INC, AND THE
, DIRECTOR OF' PUBLIC HEALTH OF
THE COUNTY OF SAN DIEGO .
. RECORDED: JULY 11, 1974 A$ FILE NO. 74,..186397 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
4 . AN EASEMENT FOR POWER LINES AND INCIDENTAL PURPOSES AS
DELINEATED AND DESIGNATED ON MAP NO. 3415, SUBJECT TO ANY
TERMS AND CONDITIONS CONTAINED THEREIN ..
5. AN AGREEMENT REGARDING PETITION, WAIVER AND CONSENT TO SPEC:tAL
ASSESSMENT PROCEEDINGS, DATED MAY 24, 1990, UPON THE TERMS,
COVENANTS, AND COND.ITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: TAZON DEVELOPM~NT, INC. GENERAL
PARTNER OF ATLANTIC CAPITAL
INVESTORS, A CALIFORNIA LIMITED
PARTNERSHIP AND THE' CITY OF
CARLSBAD, A MU~ICI~AL
CORPORATION OF THE STATE OF
CALIFORNIA.
RECORDED: JULY 27, 1990 AS FILE NO. 90-40.9725 OF OFFICIAL
RECORDS.
6. AN EASEMENT FOR THE TRANSMISSION AND D 18.TRIBUT ION OF
ELECTRICITY, . PIPELINES, COMMUNICATION FACILITIES. AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY, A CORPORATION, RECORDED JANUARY 2, 1991 AS FILE NO.
91-0001117 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND
INCLUDING ALL THE AREA 'LYING BETWEEN THE ~XTERIOR SIDE LINES
WHICH SIDEL.INES SHALL BE 3 FEET MEASURED AT RIGHT ANGLES ON
EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED.WITHIN
SAID PROPERTY ON OR BEFORE DECEMBER 30, 199~.
THE ROUTE OR LOCATION OF SAID EASEMENT C~OT BE DETERMINED
FROM T~E RECORD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 3
· ~,
.4~f:X~;$rJiE,~;,,'\~~~' :\::UPR:M· ,NO. l402. 92
'.t)"\t'"'"{ J. 0 l1.·7 /92)
ALTA OWNER'S POLICY
WESTERN REGIONAL EXCEPTIONS
ORPER NO. ll43058-2
7. AN AGREEMENT REGARDING HOLD HARMLESS AGREEMENT DRAINAGE, DATED
MARCH 29, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: ATLANTIC CAPITAL INVESTORS ·AND
THE·CITY'OF CARLSBAD. .
RECORDED: JULY 26, 1990 AS FILE NO. 90-4.07828' OF OFFICIAL
RECORDS.
8. A DEED OF TRUST TO SECURE .AN INDEBTEDNESS IN .THE ORIGINAL
PRINCIPAL SUM ,OF $725,000.00, AND ANY. OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED MARCH ll, 1997 AS FI~E
NO. 1997-0106862 OF OFFICIAL RECORDS.
DATED: MARCH lO, 1997
TRUSTOR: CARLSBAD CORPORATE . LLC, A NEVADA LIMITED
LIABILITY COMPANY
TRUSTEE: FIRST .AMERICAN TITLE INSURANCE COMPANY, A
CALIFORN+A CORPORaTION
BENEFICIARY: LUTHERAN CHURCH EXTENSION FUND, MISSIOURI
SYNOD', A MISSOURI NON-PROFIT CORPORATION
PAGE 4
e·
EXHIBIT 11111
PARCEL 3 OF PARCEL MAP NO. 3415, IN THE CITY OF CARLS~AD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1975 AS FILE NO.
75-014212 OF OFFICIAL RECORDS.
PAGE 5
:
e
e
.' •
"'&' nil\~ ~~~~ ~~~ ~ .. ~ .. --~ .. '~~Il ~"" t~ ... ' lea; ~~i ~ •• =-i
H t
LOCATioN NAP
00 ,eel.
"ICIC [NG'JI'(RI1l8 eOW,A,MY
30ee Pta PICO 8Lvo. CARL1&lO.CA. tzooa
PARCEL MAP NO. 3415
PARCEL MAP PARCEl spur SHEET I
NO. 234
OF I SHEETS
~'u »0
s:Z::U »()::!
'QIO oZ
LEGEND:
(j)--_rtIlN N'_RUNI! _NTED T4 THE ~rY'" CApt_AD 'I'" DEED REe. 4~4·n, 1'/1" IH/~.
®-TrJ fIlJENA gNI'Art~~J~~~,,::~e:::~"J:tJ:~
I'"IU NP. lUlU
~/$"'''' l/I·stnl1 EAII!MENT .,. ~TY /IF CAI1I4I114(1 Pt!R 0«. II.Un, Me. 1Z/4/U. .
@--"--IMA_~E I!'$(T TIICA"O'4hln -III!C-'7.J-HII",.
e 4ET l"x U'UIM _ "PI! AIID TAG 1.'.11"
• FDIIN# I14·MtJNPIN AND rAIl l.4.'I6! • «r.-.ur/llll ~ AlflrM l.l.4In, Ift'"~ lfoetJV. • FfJIIWIl r_ PAY T...,61' Id/~N IF H_A~.
UllU AaE" /IrI/IT'$ I1EtlNQUlllifD PSt DIiH ~. "/1," M ~. NtI.INU .IN(1 ~rl!(1 '1'IIEEO A!fr. ,·,·u Nt: IllAn~6.1.
NOrE:~:=p:/1J!:~::C~/''::':~1P~:''::'~ "9'",0 IIIJfINDMM. .
'1-r
't-;.(\.
'"'1 l..o .,.
8<:!03
1J6'11r DlAlltA'1! _6Nr ,. ClrY
". CIIII14I1A(11f«'. "'1';/#,117.
$4l1T)( liNE ItllNCII(1 A&VA IIEO_,1A' 'Elf (is. GD/fEIIHMEm 'IJRYEY APPArlYEI' ~11'1' fit '.CC. "'-II.'D.
IklAft'ftrJil l#flf;,iXJw.
\ \' , .M'f._-\ ~/.;;;~-.. ,. . "",,, . . -\ :i;'!'.r,':r::;,.,-~... "Z.~1f 1l,"'jIiFt.. yY' 'KG AN.1f. tltM'"M ~ ~. lrl1W-r-. .' ,~iN' ,T.,..,. -",
... " \mw' .p.'" .,---,,~~... .", S~ ,.,~'2.,\ ~: 0.. '\\~(, ~!'"'" 0: I C--'.1 .~ ~ _ < I'-C ~ ~, ~I '30
::J
<> .. ~f\r' ~Q. ""\ ~ \.r.j>-r? .. \ -~ '. ~ ""~ .. _' _, "'l ~~\ ..,
\~ ., I.Ir £'I!I
,""'''' un
..' ... ,\IF"'to .... " ~ ~ .• t.1..1¥
This Is·not a survey of the land Iiutls complied'
lor Inlormallon by the First American Title Insurance
Company from data shown by the official records.
B ~(
~~
OWNER
FINANCIAt SCENE. INCOIlPOflATED
NJZ (/ARNET, SAN DIEGO, CA.
ZIP C()QE $tll'l • rELEPHONE ZlZ'lIGD
ENGINEER'S CERTIFICATE
TNI$ MAP WA$ PIIEPARED 61' ME DII UNOEI1 MY $f/PEIt-
YIS/ON AND 16 I.I'EP IN If F/El/J SVI/'IEY Ilf CONFORM-
ANCE WITH THE SlIBtllVISI(}H lolA" Acr AT TilE REflUEsr
DF TilE OWN~It$ (6£6 ABPYE) lNoMNVAIY,II1#. III£ItEBY
CEPTIFY rliAT ALL "ROVISIONS IF AI'I'UCAIJU 'rAT.':
'All AND llKA/' MDINANCES HArE BEEN COMPliED "'1f"N.
u..c.~~ ~jERTC UONI&. i.5.414'
BASIS OF BEARINGS
flit _/$ IF ,EAII_ "'" TN1S MAP /I TIlE' NlllTllUSTutY /.IfF "
CAltt.S/lAD "ACT Nr.lI·~1 PElt MAP ... lM1A IUtf1 ",«EI. IMP AM .. 1471, 'AII' NUTNEIII.Y UNE II AI.$() 1"IIE 4#vrNDll.Y liNE IF /tAIIC1K) NVA IIEDlONtJA p,It Ill. NYI"I1NM£Hr SVI1YEY _RWED ,.n·11I!#. 4.c.C'. M. 1114#. l'l. /f.Wn·fl"lJ!
I..E.G...AL DESCRIPTION
I'AI~EL '~'AND 21', PAIICI!I. M"P 11/1. II" nuo 1111'116 ,nICE N TIlE" ~lINrY IlIitIf)IIpI'It II'" IAN _ t'rJ(IIII'Y. APlflt ~ "7~, /lFIIII' IN 1"IIE ~ITY" t'A"lI'AI1, CtlUNTY IF SAN DiEIIII, $11f~ OI"OfUFI'RNIA.
CITY ENGINEER'S CERTIEI CATE
""S MAP NA, liE EN EXAMINED rHIS.z5L"r4,AYN:~
. illS. 1'""" CfJ~Ft1ItMANCE WITH IfEQUfI1EMENrs " S£UI(}H . IISIS "FrHE 4V/JOIYlSI()H MAP Acr ' .
.J~ c;J~ ~.EJlm. . -''''''''::J .-~7J=-. --CAlflSILAD ClrYENr;INEEII
RECORDER'S CERTIFICATE
FlU NO 75"-O"f'Al/2
FIUO rills. .::ll. DAY DF. • ..:;;,~.",5 Arhtz~
IN 600K - -(IF PAKCGL MAPS iT PAGE ~
AT rHE IfE(JU~$r t1F .11fJ8ERl ('. L"QWI6. .
FEEJl~!~ __
HARL£Y F. BLOOM COVNTY 7iiCfjjijjjij.
/Jy'~
~PIIT,Y
j.11M« 1fO...!.!!L..
•
RECORDING REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 9200~-1989
)
)
)
)
)
Space above this line for Recorder's use
Parcel No. &\\-6'40-\t9~0<:)
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
I ~
•
TillS AGREEMENT is entered into this _9_t_h __ day of-.,..._A_p_r_i_l _____ , 19 97
\,
by and between (name oj developer-owner) ___ C_a_r_l_s_h_a_d_C_o_r_p'__o_r_a_t_e_L_L_C_" _____ _
a (corporation, partnership, etc. fimi ted Liabi 1 i ty co" hereinafter referred to as "Developer"
whoseaddressis(street,city,state,zipcode) Post Office Box 15163, Las Vegas,
Nevada, 89114 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.
WIT N E SSE T H:
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
WHE~AS, the Property lies within the boundaries of City; and
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
1 Form 17A
Per Jane Mobaldi, Rev 01/11/96
•
WHEREAS, Developer proposed a development project as follows: Two 2--sto;r:-y
office buildings on said Property, which
development carries the proposed name of __ C_a_r_l_s_b_a_d_C_o_r--=:..p_o_r_a_t_e-,-_P_l_a_z-'9.'--______ _
________________ and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 9 th day of __ A..,..:p_'r_l._·l_,l_-____ " 19.!}2, with ti1e
City a request for _~A",,--s=p-=e;.;;c;,..:;:i::..::f=.;l.=-· .::::;c---l:p,""l:.::a::.:n::.-.::::a:::.m:.:::e ... n.:.::d:=.om=e~n:.>:t::..,j,,--,r=-e::::.=f.:::e:=r~e~n,,,,,c~e,---,,,S""'P'--'2 .... 3 ....... ( .... F..j) .... ' ""&06-__
PRE 96-43
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 I
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:
Form Approved By City Council July 2, 1991
Resolution No. 91-1941KlH
~"".
2 Form 17A
Per Jane Mobaldi, Rev 01111/96
1. The Developer shall pay to the Gity 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 By City Council July 2, 1991
Resolution No. 91-1 94IKJH
·3 Form 17A
Per Jane Mobaldi, Rev. 0111 1196
3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of
the Development with the City's General Plan. lfthe 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 ~he 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 Mail, enclosed in a sealed envelope, addressed to Developer at
the address as many have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply ~o,
the respective successors and assigns of Developer and City, and references to Developer or City herein
Form Approved By City Council July 2, 1991
Resolution No. 9J-194/KJH
4 Form 17A
Per Jane Mobaldi, Rev. 01111196
J
@;"
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 By City Council July 2, 1991
Resolution No. 91-194/KJH
5 Form 17A
Per Jane Mobaldi, Rev. DlIl1l96
IN WI1NESS WHEREOF, this agreement is executed in San Diego County, California as of the
date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a muniCipal corporation
of the of California
By:
(signature) ATTEST:
Brian McCullough
(print name) ALETHA L. RAUTENKRANZ, City Clerk
Sr. Vice President APPROVED AS TO FORM:
(title) RONALD R. BALL, City Attorney
By: By:
(signature) Deputy City Attorney
(print name)
(title)
(Notarial acknowledgment of execution of DEVELOPER and 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 secre"ta,y :or
assistant secretary under corporate seal empowering that officer to bind the corporation)
Form Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
6 Form 17A
Per Jane Mobaldi, Rev. 01111196
EXHIBIT "A"
LEGAL DESCRIPTION
.'
Parcel 3,parcel map NO.3415, City of Carlsbad San Diego County, California
Fonn Approved By City Council July 2, 1991
Resolution No. 91-194/KJH
7 Fonn 17A
Per Jane Mobaldi, Rev. 01111196
. . • •
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On 6fi1 IS J )q97 before me, ~!06
Notary Public, personally appeared PlA,.. aN'! ~ ~ , [ 1 personally
known to me -or I)<J proved to me on the basis of satisfactory evidence to be the person( s} whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
(S Vture OfNot~
Form Approved By City Council July 2,1991
Resolution No. 91-194/KJH
8
I··················:i·~:·t<i~~·······i
.... COMM.#1118023 0 ~. NOTARY PUBlIC· CALIFORNIA ~ I -. SAN DIEGO COUNTY "'I My Comm. Exp. Nov. 24,.2000
•••••••••••••••••••••••••••••••••• $.
Form 17A
Per Jane Mobaldi, Rev. 01111/96
FROM : LEGEND HOMES
FEB-28-1997 14:15
PHONE NO.
C~PITA~ FINANCE GROUP
619 756 •
ARTICLES OF ORGANlZATI01'l FOR
SEAV'IEW PACl'FIC. LLC
a Ne.VIlda Umited-lfabO.lty company
ARTICLE I
NAME·
61'3?569939
The n&IJle otthc IfmIted-QablUtycompany l!Iball be SEAVIEW PACIFIC, LLC (herein.
the "Company").
ARTICLEU
DURATION
U.tllems 8OOf1ertcrmtnated. pursuant to law. the Company sh~ll exfst for a
perlod of thfrty (30) years fcom che date of 4Un,g ot these Articles with W NevAda
Sectetary of State, at "'hich t2me the Company shall be dissolved.
AR'nCLEllI
PURPOSE
The ~ for which the Company Is organized Js-to el'\g&,gf'! il1 realp.state
development md any other lawful ~ (exCf;\l1l banJWl& or iIlsW'anoe). Thf'!
Company sball have an the pcrwen provicled. under or to be Inferred from. the
provfskma of NRS 86.281.
ARTICLEJV
PLACE OF BUSINESS; REGISTERED AGENT·
The Com,PBny'$ inltJal principal place of business and address where CY1rporare
reconla are matnteined. sball be 1524 Padre Bay Dtive, Loa Vegas, NlWIlda 89108.
'nle orIgtnal. J:ePtered agent for l5ei"vke oC:proteoa at sucb adc:b'ess is caPitalF1nance
Group.
ARTICLE V
~~
'nJe memberlS of the Company, and their ~s~ve addresses and peicentage
lntereot are lUI toUowa:
FlInn SprJnp Umlted. Pannership P.O. Box lSl63 50.0096
I.e Vegas. Nevada 8Q114-
FlIPt Springs L.ImIred Partnership P.O. Box 15163
LaIS Vegas, Nevada 89114 5O~OO96
P02
FROM : LEGEND HOMES
FEB-2S-199? 14:16 • PHONE NO.
a:lF'1 TAL J!= I NANCE ~ClC..P
619756 •
t
ARTIcLE VI
ADDITIONAL MEMBERS -" .-
The Company shall have the rigbt to admit additional members from. time to
tiI2le. upon the wntten approval of all of the then-emting membeR.
ARTICLEvn
CONTINUATION OF BUSINESS
Upon the death, retll'ement, resignation, expUlsion Ot' dissolutiQn Of any
member or occurre~e ot any other' event w!Uch te~lnatt:s the continued
memberabtp of any member in the Company. tmr relDai$g n;ter::nbers sbaU have the
right to CODtin~ the buslneQ mthe Company pUi"suan~ to law.
ARTlCLEVIU
MANAGER
The Company shall be manaaed by one (1) i;narulger~ _ho'~ be appointed
and ternQVecl In the manner pt'ovJded In tlie operating agreem.ent(sl.ot the ~pany,
nse ftn;t sueb tnarJ.II8ef, who sball.erve as suCh untll the eleetlon and qua.lJftcatJon of
its sueeeSlJOr, aball be Olpltall'lnance GtO-up, the adc:lren or whom is i 524 Padre Bay
Drive. Lu Vegas. Nevada 89108.
ARneLS: IX
MAINTENMl9,! OF RECORDS
The Company shall maintain at Its reststereci office:
(a) A current Ust of the run ~e ancUut known buslneM addr'efi of each
.member and maDlller, aeparately tdcnUfym, tbewCIIlbers and the IDIlnageJ"s
In alpbabetfcal order;
{b) A copy of the fUe4 Articles of organtzat1on arid all amendments thereto~
t.osether with executed copfI:s of an)' powers of attO'C"tley pursuant to whklh
any documenta have been executed;
(c) co~ at the Company's tedem1 ineomc tax retuJ:nS and reports, if any, for
the 3 moot recent years;
(d) Copies many theu dl't:Ctive written operating agreentent and of any
ftnancla1 statements of the Compat,.)" fOr the 3 moat recent yem; .nd
(e) A written document setting rorth~
(l) The lUDount or cash and a4ellcrlption and statement of the agreed
value at the other p-opertyorsef"'ll'foes cgu.tributed by each ~em~l'
and whkh eaQb member'has. agreed. to QOntrlhl,tte;
(2) The Items as 'which or events on the happentnc of which any
addlt1cmal contrlbutf0n8 ~reed to be made by ea~ member are to be
made;
pm
FROM : LEGEND HOMES
~cB-29-1997 14:16
PHoNE NO.
CBPITAL'~INANCE GROUP
619756,S
6197S6~:::>e
(3) Any right of a memhet" to n!Cdve, or of a manager t<> make.
dlstrlbuUorm to a membet' wb1en J.ncluc1e a retu:m of all. or any part or
the member's contnbution; and
(4) Arty eNents upon the ba.,pemng or whieb the o,!:I:lpftny :Is to be
dlMolved and ItS a1fBire wound up_
Records kept punuant to th.is ArtScle shall be subject to inspectlol1. and
copying at the ~nab1e request, and at the expense. of any l'I:l@JXlberdurlng
ord!nary buslneH bollt8,
ARTICLE: X
INDEMNITY
Every penon who was or Is a party. or is threatened to be made party to Or is
Involved ID. any actJ.o,a, ault or proceeding, ""bether etvtl, crhnfnal, adJn:.lni8trative or
Sn"'lellt1ptlVe, by reuon of the fact that be/she or .. penton of who hei.llhe Ja the lepl
I"epnMl8rltatlve" OC' was a cnanager or member or this Compmy, or 1$ or ..,.. PirviDg
at the Nqueet of thJ8 Company as a mana.er of another lImited-lI4bDily, or lIS a
cttr.clor. ol!lcer or repreeentative in a CQrpwatlon. part:I1er,hlp, johtt venture, trust or
other enterpr18e. shall be tndemnIfIed and held hium'" tv the run.. exten.t lega.Uy
permSambJe UDder the laws of the State of Nevada £rwn time to t1mc:: ~t on
expt!0IIe8. Babl1lty' U2C11oas (fnc:ludtng attorTley' teca, judgmenta, R~ andamount.l5
ptJd. or to be paid In xttlement) reaaon~ lueurred ortiufl'ered by blDJ/her in
CGDrI~ therewith. Such dght of ~iftQatlon eball be il contt'act right whkb
may be enforc:.c:d i11 any rnannel" desired by eucb person. Such rlSht of
lDdemnlftcatftJn aha1l not be uclU8lve of Bn7 other light wh1ch such managerS,
metnbenJ. or re~ntatlvca may have or hereafter acquire, and without UllltUng the
generality at lUe:b statement.. they shall be enutled to their respcctJ"e rJghta of
Uldemnlt!cadan under any opentt!nC aareemcnt or o~ ~ement., vote of
DJCIm~, provbslon or law, or otherwJae, as well as theIr rlght$ under ~Arttcle.
Expenses at managers ami metnbel'8 incuned In defencUna 8 clvll or c:rimlnal
aeUon. 5Uit 01" procec:dl11' by reuon of any aQt or OIlIiISJoD 01 such nuJ.Il8gel"8 01'
membere..:tlD,-as a DllIn8&er or member sbal1 be paid by the Company .. they are
fncurred and In asdvance of the Bnal dl8po&1tlonof th~ action. suit 01" ~g. Upon
receipt of any undcrtaklng by or on behalf' of the llUU)qer Of metnl;ter to repay the
amount it it is ultfmately dctcrmtm;d by a court of competent Jurfsdtedon that h", is
not cntltJecl to be b"ademrdfled by the COrnpm)'. The 1ndetnntflcatloD and
ad~ of expertteS provided in this Article shall eontfuuel'or a pe.raon wbo bas
ceased to be a member. ma.nager. employee or apnt; and aha1l inure to the beneflt of
the hefrs. ~utors and aclmfnistl'&tors of such a peraon.
P04
FROM : LEGEND HOMES
~eB-2 ,1997 14:17
PHONE NO. : 619 756 .8 CAPITAL FINANCE ~OUP _ 61~7S6993U
IN WITNESS WliEREOF the undersigned have executed t:he$c Artlcles Qf
Otgal'dzatiQn thfs 26 day of February t 1997.
MEMBERS:
: 88.
COUNTY OF CLARK
! .' This .fn5trument was acknowledged bef~~e me on rhts r;.~~? day at
",.....;;t·c If ~ 0;' ., 1997, by DON~~ .. MORTON,~ ..... :,/-:::-
. ~<J.<t-1/ _.'Ai ... 4,{.ul7f+-.
(SEAL)
STATE; OF NEVADA
COUNTY OF CLARK
: M.
No~ Public ,,/ [My COmmiMitm ~1res: __ ~_---'
I 'Ibis Instrument was aekn~ledged before me on thi9 ~~ day of
1:;>--1:, LiM rO'l. . 1997, by DONAL~ MORTON. , ' ,"-",' A , ,·ft'~' 'f~ _ It/I.·i -4..h--. t.e
, .. ~~,./..i.cnrt-.t.
'tary Publlc.l ' "1M)" O:unmr.ton exptre .. : 1
(SEAL)
P05
FROM : LEGEND HOMES ~
IN THE Opi~E'OFTHE ., 'sec~RY OF STATE OF THE . STATE OF NEVADA
F.EB 28 '1997 .
.. " ....... t....~c.. cpgS,-,q-r
~~ OEAtf HELlER, SECRETARY OF STME
PHONE NO. 619 756 •
ARTICLES OF ORGANIZATION FOR
CARLSBAD CORPO~TE! LLC
B Nevada llm11etl-llabWty company
The undersigned members, In order to form a Umited 1I.ab1l1ty company under
Chapter 86 of Nevada RevIsed Statutes, hereby execute and adopt the fOllowing
Art1cles of Oreanization:
ARTICLE I
NAME
The name of the lfmited-lfabillty complUly shall be CARLSBAD CORPORA TEl LLC
(herein, the "CompAny"J. .
ARTICLE II
DURATION
Unle8$ sooner tenninated pursuant to law:, the Company shrill exist for a
periOd. of thirty (SO) years from the date of flllng of these Articles with the Nevada
Secretary of State, at whloh time the Company shall be dJssolved,
ARTICLE III
PURPOSE
The purpose for 'Which the Company iii orgaruzed.f.s to engage 11'1 realelState
development and any other lawful pUrpose (except bankJng or inl';lursnceJ. The
Company shall have all the powerlil provided under or. tQ be inferred from the
prov.lslons ofNRS 86.281.
ARTICLE IV
PLACE OF BUSINESSj REGISTEREDAG~
The Compst"y's initial principal plaoe of business and address where corPOl'al~
recordA are maintained shan be 1524 Padre Bay Drive, Las Vegas, Nevada 139108.
The original rekl8tered agent tor servIce of process a.t such address Is Capital FJnance
Oroup. .
ARTICLE V
MEMDEB~
The melubers of the COmpany, QIld their respective addresses an~ percenta&e
ktterest ~ "e follows; .., t _ .J. . "2.t'" ~'W\.\-.
Seaview ~"''<"c:-t.. ~ ~.~. P.O. llox 151GS 95.00%
.' Las Vcgal:i. Nevada 89114
Zinc Investment Group P.O. Box 14281
Las Ve~as, Nevada 89114 5.00%
P07
FROM LEGEND HOMES PHONE NO.
ARTICLE VI
ADDITIONAL MEMBERS
The Company shall have the right to admit addItional members frum time to
time, upon the written approval of all of the then-exlstlng members.
ARTICLE VII
CONTINUATION OF BUSINESS
Upon the dE'!~th, retirement, reslgnaHon, expulsion or dissolution of any
member or oc:!Currence of any other eYent which term1nat~ the continued
membership of any member in the Company, the remainfng members shall huve the
r:lght to continue the business of'the Company pursuant to law.
ARTICLE VIII
MANAGER
ThE'! C.ompany shall be inanaged by one U) managcr, who sluill be appointed
and removed In the manner provided in the operating agreement{s) of the Curnpany.
The first 8uoh manager, who shall serve as such until the election and quaUtlcatiotJ of
its successor, shall be Seaview, LLC, the address of who~ :Is 1524 Padre Bay Drive,
Las Vegas. Nevada 89108.
ARTICLE IX
NUUNTENANCEOFRECORDS . I -
The ,ComPftny shall maJntaln at its registered omce:
(a) A current llst of the full name and last known buslncss address of each
membP.r and manager. separately Identi£yfng the member5 and the managers
in alphabetical order;
(b) A copy of the rued Articles of Organization and all flmendmcntB thereto,
together with exeouted copies of any powers of attorney pursuatlt to which
any docur(lents have been executed: .'
(c) Copies of Ole Company's federal Income tax returns and reports, If any. fOl'
thE'! 3 most recent years;
(d) Copies of any then effective written operating agreement and of any
flnaneJalstatement8 of the Company for 01" 8 most recent years; and
(e) A written document-settIng torth:
(1) The amount of cash and a description and statement of the ltireed
value of the other property Or aervIce~ contributed by each member
and which each member hfls agreed to-contribute;
(2) 'l'he Items as whioh or events on the happening of which any
additional contributions agreed to be made by each member are to be
made;
P08
FROM LEGEND HOMES PHONE NO. 619 756 •
(3) Any tight of a member to receive, or of a manager to make,
distributions to a member which include a return of all or any part of
the mp-mberts Clont.rfbut.fon; and
(4) My events upon the happening of whl¢h the Comp~ny is to be
dissolved and its affairs wound up.
Records kept pursuant to thIs Article shall be subject to inspection and
copying at the reasonable request, and at the e;:rcpenSe. of any member dUring
ordinary business hours.
ARTICLE X
INDEMNITY
Every person who was or 1$ a party, or Is threatened to be made party to or :Is
Jnvolvcd in any aotIon, suit or prooeeding. whether clvJl, criminal, ad~lni$ttatIve or
fnveatfgatfve, by reason of the fact that he/she or a person of who he/she :Is the legal
representative is or WAS a manager or member of this-COmpany. or is or was serving
at the request of thm Company 819 a manager of anoth~r Umited-l1ablllty, or as a
dlrector, omcer or representative In lit corporation, partnershIp, joint venti.Jre .• trust or
other enterprise, shall be fndemnlfled and held hannless to the fullest exteQt legally
.perrrrlsstble under the laws of the State of Nevada from ~e totlme agflinst ~
expenses, liability and loss (Including attqriley' fees, Judgments, flnesand amounts
paid or to be paid in settlement) reasonably Incurred or ~urrereu by hhi:1Jh~r tIl
connectiO[l therewith. Such right of indemnification shllll be a contract right which
may be enforced. in any manner desired by such per~on. Such right of
lndemnU1cation sball not be exclu5J:ve of any other right which such ln8nager5,
members, or representatlvcs may havc or hereafter acquire, and without limiting the
generality ot such 5taternent, they I!Iha11 be ellililed to their respective rights of
fndemnlfl.catlon under any operating agreement or 6t~cr agreement, vote of
members, provision of law, or otherwise, 815 well as their rfghts under tills Article.
Expenaea of managers and members Incurred In defendmg a civil or criminal
action, 3uit or procecd.lng by reason of any act or omISsion ot such managers or
members acting 815 a manager or member Shall be paId by: the Company as they are
Jneurred and 1n advance of the final disposition of the action, suit or proceeding, upon
receipt ot any undertaking by or on behalf of thc manager or member to repo.y the
amount if it is ultimately determ1ned by a court of competent jurlediction that he :Is
not entitled to be Indemnified by the Company. The indernntficatlon arid
advancement of expenses provIded in this ArtIcle shall eontmue for a pcrspn who has
ceased to be a member, manager, employee or agent; and shan Inure to the benefit of
the heirs, executors and adn1Jnistratorsof such a person.
P09
FROM
. t
LEGEND HOMES • PHONE NO. 619756.18
IN WlTNESS WHEREOF the undersigned have exccutcd theae Articles of
Ot"ganlzatlonthfs 26 day of February, 1997.
MEMBERS:
SEAVIEW PAC1~\C., 1... ..... c-
a Nevada llmited Habflft.y c mpany
By' I Group, Its Managing Member
STATE OF NEVADA
: 88.
COUNTY OF CLARK )
-.... -~:'L This instrument was acknowledged before me on this ~ G. day of
L_ .. f4.i M' ". VI ,1997, bYD~~.~_~~_ MORTO~~ ... _.C
(... '.' ."',
-.•. __ ....... .11-11 '..... . I fl·..J4~
Nota Public
Commission eXpires: _____ .
(SEAL)
STATE OF NEVADA
: ss.
COUNTY OF CLARK
.. ~ ThIs instrument wu acknowledged before me on this G.-2l ~. day of
,r' ~t'lsM=nd .1997. byB~Mc~~LOUGH. /"-.
.. ", .' .... :" ..... " .:..~::;;~:.{ . <~~:kL-f..,/L~ < .. ~I ftk-
No Public /
[M COmndsslon expires: _____ ....J
(SEAL)
P10
· .t
CDS Architects, Inc. dba SMITH CONSULTING ARCHITECTS
City of Carlsbad
Miscellaneous Expenses
~y::~
Chkg-Union Bank Plancheck
C.' Plancheck Fees
if: 9lo9Dt
~
( 9/19/96 4484
120.00
.-e"
120.00
.'
,CITY OF CARLSBAD
1200 CARLSBA.LAGE DRIY,&.; " "·CARLSBAD, .IFORNIA 92008
434-2867' '
ACCOUNT NO. DESCRIPTION
i 'f \ .:: () {' \ \'\ rt-" \";' \ .. ~ t; ;~"\ (~ . II '2..) \,
.RECEIPT 110. NOT VALID UNLESS VALIDATED BY J (i) Printed on recycled paper.
30646 CASH REGISTER
',' . '
. ,', l'l D,A"'E', ~ '. '.YL, 1" t .'; "I"j \ \ / 1 t·
AMOUNT
c\l I r\u y lee
~
i
9854 09/20/9~ 0001 01 02
r.-PRfofT 120..M' ,':, , ,
I
I
I I I
I ,
I I
I
I :
TOTAL $,)0 l.10
I
,,:',' "-''' I' •• '. ~: • .I; 1o;~-;"""\"'.M\, "'",,~~:e)":':"~~'7,~i:?'1f~ ~r;"~ :'!s~~~":"T'!,?'\::'j,~!~':::\~'r:'i :."~:¥",,, '?"""'1t i:h :Wj·'>·ii'?":'~"ii';:l'rl.'I~~,;,{l';:i:·'~~'" ': 'l"C;.r,i~I(l'"'X·.,:,.'"'I'.·'!~' ~ ··~'l'·,{,~1(~"'J'~;1";::::e:';'i·:·(~~.'f:i",'F?::··m" :;'''''' ~;;'''."o'~ " ',:" ·.· .. ~~·'*":<.;.1
" \'~ " • " • . .••• , •• ,' .. u •••• " .• , CI'TY OF .CARLS·BAD .. , " ..., "', \' i-~\\ <:it)\ 1.200:. CARLSQAD 4:AGE :DI:UV.E:~' " .. CAR~:SBAP; C~bRNIA. 92008' '
'-" t-~ 1-\ \J\ ". :.:' ,....( ... 434~28!~7.,·' . . • ...,., '. . .
-',' f,' -. , . " .
REC'O FROM 3n\ \~h ('f\n~lt\~'llfi . ~ri\,\-t·~·~tS .. , ~. 'J ". DAT~ Q -d(J~q&
. .
ACCOUNT NO. '[)ESCRIPTION AMOUNT
..
l, -\-\). {(Y\ r\-?R t; . ctl.n -1.13 1\ {d 0 lOO
I
'1
I
I
I
I
I
9SS4 09120/9t 0001 01 02: I C-PRMT 1't)"on
I
I I ' I
. I I' ,
I I
I.
I I I
I
I I
I
1/d'D ': ()tJ
I "'''''. SIl6!W cASH REGISTER . . ,,~,," "., ~~:n~ed,o~:::l::P:::.: ,o~,,"J~:<';; r.;","":"J ;.,~ .• ' .. \j;" '0';", ;'~i:,l,; .. ~"}.t'.,I.,,:,,,;:,,::,:,;';j~, '~~';~"~;';"':.'iij;i';:"'~<J.,;\'."" "":·t<n'''''''.;j',,,-;_ ;~"<"v,;it"''''''''I,~'':'' ';, '"',~/i'"i~''~'''''''';-''' >«~;. 'J, '" " ,. >-"', ,_ ,_ , ,'"
~~ < '12000ARLS:.~~G~lb~;~~¢~i~~~BAP' IlIF~RN;A92008 . '.,
. ., . . . 434-2$67..' ..
REC'DFRo~rilifi.Qb~dC£lA~a:br. 1,~ilG··· . DATE ...... llcg·s -1
, \ ,,' .' .. ,
ACCOUN'T ,NO~.
Q-I-kr
RECEIPT ·NO. 38944 * Printed on recycled paper.
..
'~
~
DESCRIPTION
J
NOT VALID UNLESS VALIDATED BY
CASH REGISTER
AMOUNT
c::;() ;t'!;o
.-::::; ()O : .. t7 0
39a1 04/09197 1 0001 01 02 ""-
TOTAL trIL/fL/~ -:&0
I
:.!~·'1t"'··~-";~'fi'.:_'~\':',i>~~~~~-,,,;'~;n~~t_~j1i} ... 1&:· ,.~~f;~1\;,:,_,'trt$t;.t~~7,t.pt.1tl'~,.:~~:llrt;s;rjl!·;·"'rt~'t>"i 4~~'lii~~,~:"?4fiiJf,At-t ,.44, -;~'~A~m'pS*M¥'!~'"\'~
CITY OF CARLSBAD ]
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
43...,
ACCOUNT NO. DESCRIPTION AMOUNT
?CiJn;;t-
, fi
" I {I \I (/ ~ :Ib /:~·f\.)tlt(JL
',.' : (, D ,)_1; (a) I
I
.", "
I
I
I
........... A-t 'v "oJ .,.;y \IOF ." \NV~ \1~ U;.:: I
I C-PRHT CQ.16
t I
I
RECEIPT,;'Hd. U628 NOT VALID UNLESS VALIDATED BY TOTAL til. il
CASH REGISTER (p ~'
/
.,' ~ .,. " -"-,"",,::,'