HomeMy WebLinkAbout1988-04-26; City Council; 9412; SDP 84-05 - APPROVAL OF EXECUTION OF A REIMBURSEMENT AGREEMENT FOR MEDIAN CONSTRUCTIONa >u 0 n= a e =x
.. z 0
I b a
5 A
z 3 0 0
CITOOF CARLSBAD - AGENDhBILL
AB# ?r/ 2 TITLE: DEP
SDP 84-5 CITY MTG.4/26/88 AF'ROVAL OF EXEXXITON OF A FEIMEEJRSE" DEPT.h A- FOR MEDIAN a"RUmON CITY
RECOMMENDED ACTION:
Adopt Resolution No. 8a-) y3 approving the execution of an agreem
rehhrsemm t of costs for engineering and construction of El Cami
median.
ITEM -ON:
The developer of Carlsbad Gateway Center, DavisFlalters/Gadco C Gateway, a California General Parhwxh 'p, is presently constructin
width median and landscaping inrpravementS on El Camino Real fran
Avenue to 200 feet north of Cougar Drive. These htprovements ar
installed in accordance with the requirements for partial occupancy
development, stated in City Resolution No. 9223. The improve me^
scheduled for campletion in April or May, 1988.
The proposed reimbursemesl t agreement establishes a prorated share total engineering and construction costs for the properties that fr median improvements. The total costs will be about $325,000.00. I
distances were detemuned ' by relating property lines as shown on th~
assessor's parcel books to the aligmnent of the centerline of El Real. Since saw of the property lines are not parallel wj centerline, the frontage distance calculated is less than the prop distance. These calculations were presented by Williamson and Schmi
project consulting engineers. They have been reviewed for accuracy
City Engineer and are on file in the Office of the City qineer,
The fees are proposed to be collected from the properties that fr median improvementS at the time of development. If development d
occur within 20 years, no fee will be collected. prior to the
expiration date, conditions for development permits upon these prc
should include the requirement to pay the median improvement fee
directly to DaviS/Walters/Gadco Gateway or to the City.
The City has secured hprovement agreements from the Koll Camp
Daniels Cablevision along with previous developwnt conditions for ay
Koll has posted bonds, atti Daniels Cablevision has posted a le
&t. The amounts secured by these agreements are likely to hcrc to an hcr~~~= in the scope of work to include pavement remnstI protection of additional underground utilities, and installation c
drain utilities related to the median improvements. These securitj
be released after their prorated share is paid either to the City
developer and upon completion and acceptance of the impravementS
City,
I
a 0
PAGE 2 AB# 74M
l?Isc?& IMPACT:
A 10% administrative fee will be collected to cover City ms
processing of the fees as developnent occurs. The developer has
100% of the total engineering and construction costs.
ExHImIs:
1. mtion Map.
2. Plat of Reimbursemen ts
3. Resolution approving execution of the agreement.
4. Agreement for Reimbursemen t.
,
CATION ~k
LOCATION
\y
" PROJ.
NO. PROJECT NAME: CARLSBAD GATEWAY CENTER
MEDIAN REIMBURSEMENT AGREEMENT 'SDP 84-5
I
d
c
I-
0
2 >
U
.- -
-
- c
C
C -
I
I
, w, I 2 W
c/)
-I W
I z
W cc
LL 0
-
00
L
e* n z --
<
& I
I .. ,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
e 0
RESOLUTION NO. 88-143
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
EXECUTION OF A REIMBURSEMENT AGREEMENT
FOR MEDIAN CONSTRUCTION.
WHEREAS, the City Council of the City of Carlsbad has de
to be in the public interest to construct median improvement!
development of properties fronting said improvements and
WHEREAS, the cost of said improvements has been
Davis/Walters/Gadco Carlsbad Gateway, a California General Partners
WHEREAS, the proportionate costs of said improvement
requested from the fronting properties as development fees are cc
the City I
NOW, THEREFORE, BE IT RESOLVED by the City of Council of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute the agreemc
City Clerk is hereby authorized to cause the original agreement to ~
~ the office of the City Clerk
PASSED, APPROVED AND ADOPTED at a regular meeting of tl I i 22 j day of May , 1988 by th City Council held on the 3rd
vote, to wit:
23
25
24
26
27
28
I
~
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Pettine, Mamaux anc I
I ATTEST:
li$&&i&+ AL) KAREN R. KUNDTZ, Deputy City Clerk
e 0
AGREEMENT FOR REIMBURSEMENT OF COST OF
ENGINEERING AND CONSTRUCTION OF EL CAMINO REAL MEDIAN
233-5 THIS AGREEMENT is entered into this && day of
1988, by and between Davis/Walters/GADCO=lsbad Ga e
California general partnership, herein referred to as the "Developer" and the City of Carlsbad a municipal corporation
the State of California, hereinafter referred to as the "Cit:
RECITALS
WHEREAS, the Developer has entered into a secured Develo] Improvement Agreement, dated hhd, J( /YfZ , for construction of median improvements in El Camino Real betweei Faraday and Cougar Drive, hereinafter referred to as the "Me( as shown on Drawing Nos. 273-3, Sheets 10, 11 and 12; and
WHEREAS, pursuant to City Resolution No. 9223, condition( granting partial occupancy for Carlsbad Gateway Center (SDP
S), the City agreed that a reimbursement agreement shall be
prepared for the purpose of reimbursing the Developer for thl costs associated with constructing the Median at its own expl in excess of its proportionate share of the costs based on 1
frontage along El Camino Real;
WHEREAS, said reimbursement shall be made by the City frl
special median or other fees levied against frontage propert along the affected portion of El Camino Real, against those properties and in those proportions as set forth in Exhibit hereto;
WHEREAS, Developer is now prepared to proceed with construction of the Median;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
1. Reimbursement.
City agrees to impose as a condition of development
the extent lawful and within its municipal powers, on each o other El Camino Real median frontage properties identified o
Exhibit "A" hereto a fee representing each property's pro- portionate share of the "Median Costs" as hereinafter define1
plus a ten percent (10%) administrative fee to the City. Th
fees shall be collected by City and when so collected shall distributed as follows: Each proportionate shares of Median to Developer and the ten percent (10%) administrative fee to which amount shall be deemed a fair and equitable percentage administrative purposes. In the event any other frontage property owner pays its proportionate share of Median Costs directly to Developer, then Developer shall notify the City
3/7\88
a 0
Engineer of such payment and that property be relieved of It obligation to pay said ten percent (10%) fee as and for
administrative costs. The City agrees to pay Developer such amounts collected within thirty (30) days of their receipt, agreement shall remain in effect until the earlier of (a) th remaining reimbursement amount has been fully satisfied or (
twenty (20) years from the execution of this Agreement. The shall have no liability of any kind or nature whatsoever to Developer in the event the fees so imposed pursuant to this graph are not collected for any purpose including the inad-
vertence or negligence of its officers or employees, subseq legislation, removing the City's power to so impose such fee
court order or otherwise. In the event of litigation challe the lawfulness of this Agreement or the fee imposed by the C
as a result of this Agreement on any other median frontage property owner, Developer agrees to defend City and to save
hold it harmless from any and all costs, including defense c
and judgments against it or incurred by it. Developer shall notified immediately of any such claim and/or threatened act and shall have the unilateral right to waive reimbursement, select legal counsel and to defend, settle, compromise and/c litigate any such claim or action.
2. Median Costs and Annual Adjustment.
2.1 "Median Costs" as used herein shall include, bi not limited to, costs for design, administration of construe contracts, and actual construction of the Median. Design ar administration costs shall be established as Developer's act out-of-pocket expenses paid to outside third parties and Developer shall provide reasonable proof thereof to the satisfaction of the City Engineer.
"Median Costs" shall be documented by submittec copies of all invoices and payments to City and shall be ba: upon actual quantities of contract items constructed in
accordance with the plans and specifications and contract UI
prices. Contract unit prices shall not exceed the amounts 1
referenced in the Recitals above.
completion of the Median, will submit to the City Engineer l
accounting of all Median Costs incurred for the Median. Sa Median Costs shall be used for any reimbursements made duriI
calendar 1988. Provided however, commencing January 1, 198! each January 1 thereafter, the Median Cost shall be increast
based on any increases in the Construction Cost Index for tl Angeles/San Diego area, (1913 equal 100) published by the Engineering News Record (*'CCI") using the monthly index pub immediately prior to January 1, 1988 as the "base 'index" ani monthly index published immediately prior to each subsequen calendar year as the "comparison index". In no event shall Median Cost as adjusted annually be less than that calculat
-2- 3/7/8
2.2
in the City of Carlsbad secured Development Improvement Agrt
2.3 Developer, as soon as practicable following
0 0 I,
the preceding calendar year. The parties agree and acknowle that this method of indexing Median Costs using the CCI is f and equitable to Developer and to the other contributing par as it will most nearly reflect the actual costs of construct
as may exist from time to time. discontinued, than the City and Developer shall reasonably 2 on a substitute index or method of indexing for delayed futL reimbursement payments.
In the event the CCI is
3. Personal to Developer.
The parties acknowledge and agree that the reimbursc
rights and entitlements provided for herein shall be person; the Developer and such rights shall not, unless expressly assigned in writing by Developer, innure to the benefit of f owners or transferees of all or any part of the Carlsbad Gat Center (SDP 84-5) project.
4. Miscellaneous.
4.1 A demand upon, payment or notice required or permitted to be given by one party to the other shall be in writing and shall be deemed effective (a) on personal delivc on the second business day after mailing by certified or registered United States mail, postage pre-paid, return reci requested or (b) on the succeeding business day after mailii Express Mail or after deposit with a commercial delivery se of general use, all postage or fees pre-paid and addressed .
parties at the addresses below:
If given to Developer: Mr. Jeff Gabriel Carlsbad Gateway Center c/o Great American Developmi
600 B Street, Suite 700 San Diego, California 92101
City Engineer City of Carlsbad
2075 Los Palmas Drive Carlsbad, California 92005
Notice of change of address shall be given by written notic
the manner set forth in this paragraph.
4.2 This Agreement constitutes the entire agreemer:
Company
If given to City:
among the parties hereto pertaining to subject matter herec all prior and contemporaneous agreements, representations e understandings of the parties hereto or the written are her supersede and merged herein. No supplement, modification c amendment of this Agreement shall be binding unless in writ and executed by the parties hereto.
-3- 3/7/&
0 0 .-
4.3 This Agreement shall be construed in accordance
and governed by the laws of the State of California. Agreement shall be deemed made and entered into in San Diego
County, which shall also be deemed to be the sole proper venl for any action or proceeding relating to the Agreement.
connection with this Agreement, the party prevailing in such action shall be entitled to recover from the other party all its costs of action including reasonable attorneys fees as determined by the court, in addition to any other damages or
remedies as to which said party is entitled.
necessary to execute additional documents or other writings order to perform this Agreement and in connection with determining the final Median Costs and/or the periodic adjustments thereto. City and Developer hereby agree to
taking such other action as may be reasonably necessary to provide for reimbursement of the Median Costs and for comple of the construction of the Median.
This
4.4 In the event any action shall be instituted in
4.5 Developer and City acknowledge that it may be
cooperate with each other by executing such other documents
4.6 Neither party may, voluntarily or by operation
law, assign or otherwise transfer any of its rights of obligations under this Agreement without obtaining the prior written consent of the other party hereto, which consent wil be withheld unreasonably. Except as set forth in Paragraph above, this Agreement shall be binding on the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed thi
Agreement on the day and year first written above.
CITY OF CARLSBAD,
A Municipal Corporation of the
City of Carlsbad
DEVELOPER
DAVIS/WALTERS/GADCO CARLSBAD GATEWAY, a California General Partnership BY: GREAT AMERICAN DEVELOPMEN
a California corporation,
B~: partner (see attached sig
General Partner
-4- 3\7/88
0 e
APPROVED AS TO FORM:
ATTEST:
EN R. KUNDTZ, Deputy City Clerk
AG007RWR
-5- 3/7/88
e e
SIGNATURE PAGE TO
AGREEMENT FOR REIMBURSMEENT OF COST OF ENGINEERING
AND CoNSTRUCTION OF EL CAMIN0 REAL MEDIAN
BY: DAVIS/WALTERS/GADCO Carlsbad Gateway, a
California General Partnership
BY: GREAT AMERICAN DEVELOPMENT COMPANY, a
California Corporation, a
STATE OF CALIFORNIA 1 ) ss.
\COUNTY OF SAN DIEGO 1
On - %&.t ZCL- I , , 1988, before me, the
undersigned, otary Public in and for said State, personally appeared .___ A &J~![[CU~C. Le&;., and ;Idf -C~~~3X- , personally known to
me or proved tu me on the basis of satisfactory evidence to be
the persqns who eyecuted the within,inqrument as ,<€i,<cE%i - UIQ -- ‘I tLc ?I~cL-~ and
American Development Company, a California corporation, a
General Partner of DAVIS/WALTERS/GADCo CARLSBAD GATEWAY, a California general partnership, and acknowledged to me that the corporation executed it on behalf of DAVIS/WALTERS/GADCo CARLSBAD GATEWAY.
~‘icp u//tc 214~ - LLd -- of Great
WIT~N~SS my hand and official seals
*c-G-, ‘5- Ldc\c d t“ 5s. 4 *i,{l, f!Q -- NotaZy Public i an@ fo County and State , -
0 e
EL CAMINO REAL MEDIAN ISLAND ASSESSMENT
1. ADP. NO. 209-041-23 1.610 Acres 370.01' Frontage 9.
R,W, Daniels, Jr.
c/o Daniels Cablcvisfon 5720 El Camino Real Carlsbad, CA 92009
2. A.P. NO. 209-041-05 0.970 Acres 198.44' Frontage 5.
Henry and Iisuko Yada
5538 El Camino Real Carlsbad, CA 92208
Davis/Walters/GADCo Carlsbad Gateway
c/o Mr. William Davis 1400 N. Bristol St. Suite 245 Newport Beach, CA 92660
Robert Dclorm
2421 Dunstan St.
Oceanside, CA 92054
3. A.P. NO. 209-040-34 15.660 Acres' 900.78' Frontage 23,
4. A.P. NO. 209-040-24 11,000 Acres 221.68' Frontage 5
5. A.P. NO. 209-040-23 2.710 Acres 40.59' Frontage 1
Ralph and Hope Wrisley 690 Elm Avenue, Apt. 203
Carlsbad, CA 92008
Ross J. and Mabel L.
5392 El Camino Real Carlsbad, CA 92008
Ross J. and Mabel L.
5392 El Camino Real
Carlsbad, CA 92008
6. A.P, NO. 209-060-56 2.000 Acres 164.10' Frontage 4
Barber
7. A.P. No. 209-060-57 1,220 Acres 41.75' Frontage 1
Barber
e 8. A.P. NO, 212-062-15 1.520 Acres 203.43' Frontage
Carlsbad Pacific Business Center
c/o The Koll Co.
7330 Engineer Road
San Diego, CA 92111
Carlsbad Pacific
Business Center
c/o The Koll Co.
7330 Engineer Road San Diego, CA 92111
William T, and Agnes
744 Marsolan Avenue
Solana Beach, CA 92075
Gordon B. and
Mission Diego Associates (1/2) 1500 Via Arco Palos Verdes Estates, CA 90274
( 9. ASP, NO. 212-062-16 5.570 Acres 380.76' Frontage
10. A.P. NO. 212-020-22 0,950 Acres 98.90' Frontage
Hiholich
11. A.P. No. 212-020-23 53.660 Acres 1256.96' Frontage 3
Juliana M. Fox (1/2)
0 a
Median Island Assessment - Easterly of El Camino Real
1. 370.01' Frontage = 9.Sst 2. 196.44' Frontage = 5.128 3. 900.78' Frontage = 23.251
4. 221.68' Frontage = 5.72% 5. 40.59' Frontage = 1.05%
6. 164.10' Frontage = 4.23% 7. 41.75' Frontage * 1.08t Total
1937.35' Frontage = 50.001
Median Island Assessment - Westerly of El Camino Real
8. 203.43' Frontage = 5.24%
9. 380.76' Frontage = 9.81%
11. 1256.96' Frontage = 32.401 Total
1940.05' Frontage = 50.001
10, 98,90' Frontage = 2J5t
CITY OF CARLSBAOQ
:qter-Office Correspondence
e
OFFICE:C-~@Pz7 ,-&'
I
I
I I
To . * .- f- -,-,., </.LE-&,<'
--If A? /!G I DATE: 3,,i,&fi FROM: Z/J 7-
SUBJECT;,?fl -" r--7" [ 7 /-*#$R* ,-&,+& q-/=-E&Y <-&j,-fi.fe I
@& /.is/~d7g~c~ ,/ v ,J+TP&% <A 6- jGRt 94 7E J; J @',f I
SIN.?? &Q-,f-
ht5SAGt ._ : /445&./ &~~*&2&p~~ ,-=cA ,5 .&",iL.+
PA -9i5 2grE-5 x44 rFxc: fil /nr PV .. .-----* bJr 7 'e' d I @PNP
5:/ s,/&
r;fl/.zQ/K.-~~ &/ 6,/8d /$4efl'N.r Sr-+FG-- JO, /A, /2
dl A!?&~~~~~~~~fl /%dG*27,1-9 /$2"q#O,E
-
#&Y4?7iCk
< PmPw<
6 /,ks/'aa
FEHmM/?,?H&cE ,\,\!LA/ &.Cd~
& Ir. /'/$&i2q W/?%~?iiKyk~ /( ,/J/y,/YPf pri" . $is< pr! %
ypJ.*i___ -z-A4-Mw-
C,' /a, ..?fF?/.. 4~/$4t~08ga7 $273 CGQ. C'
&zpo
//ZS;/&3 J;j@H&/ch
6r .-- ,.s
=z=PJ5 i"4?k+N^ opr/, &---PL
,cr,,77/5$&=?~
&WU
I
/=iQ/zfl /?Zkv~~W qj 7; E,? 3,,', /,iyc.,?
-, /---x G :7-2c/-flNw#~7- 6'7 /4&&;M&w:P /6& 2, /JlrcC;r '2 &FN;./c, -HT,('J IlVQ #+&-JB(Lr,'f. -3 , IkC
Attachments: Reply Requested: si gn atur-
J
RtPLY:
Si g~ at Jre : - Date:
4' 1
2
3
4
5
6
7
DATE OF AGREEMENT: L&'& /F68
NAME OF DEVELOPER: Davis/Walters/Gadco - Carlsbad catewav
NAME OF DEVELOPMENT: S.D.P. 84-5, Carlsbad Gateway Center, PD 277
See Page 3, Section 1
TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: Sub-section b.
IMPROVEMENT DRAWINGS NO.: 273-3, Sheets 10, 11, 12
ESTIMATED TOTAL COST OF IMPROVEMENTS: $273,000.00
SURETY AND BOND NO.: 111141208907
11
l2
l3
l4
15
16
THIS AGREEMENT is made and entered into by and between tt
City of Carlsbad, California, a Municipal Corporation Of tt
State of California, hereinafter referred to as City; and tl
1 Developer named on Line 2 of Page 1 hereof, hereinafter referri
I
I1 11
to as Developer.
RECITALS I
25 approved and issued by the City, Developer must have compl
I
I
1. 1 0 0
3'
4
5
work, pursuant to the requirements of the Code, agreeing
own expense, to install and complete, free of liens, a1
public improvements and land development work required a
** I *
.*
2
3
l1
4
5
6'
7
81
0 *
issuance of Development by City, and other v
consideration Developer and City agree as follows:
1. Developer shall:
a, Comply with all the requirements of said Deve
and any amendments thereto and with the prc
of the Code.
b. Complete at its own expense, in accord w
plans and specifications and to the satisfact
i
I
Db I *-
11 f. Install temporary street name signs if p
3
4
5l
6
71
2. If any of the public improvement and land dev
~ work contemplated by this agreement is to be constr I installed on land not owned by Developer, no constru I installation shall be commenced prior to the dedica
acceptance by City of appropriate easements.
10
3s
12
the improvements herein agreed to be constructed and inst
Developer, and if determined to be in accordance with ap
City standards and the terms of this agreement, shall r I
13, I
the acceptance of such improvements by City. Developer
,
.-
1 I done or defective materials furnished. The securities
21
31
by this agreement shall be filed with the City Clerk and
filed, shall be incorporated by reference herein.
I I 7, mutually agreed upon by City and Developer, shall not re1
1, :.:.
1
2
3
4
5
c e
such release shall be for an amount less
Thousand Dollars ($10,000). In additi
security shall not be reduced to an amount I
50% of the total improvement security 9.
faithful performance until final complet
acceptance of the act or work. In no eve
12
other obligation imposed by the Code
i I agreement.
I I
17
completion and acceptance of the act or
reduced to an amount equal to the amour
I II
3 2l
said period have been settled.
7, Developer shall replace or have replaced, repair
repaired, as the case may be, or pay to the owner, th
41 cost of replacement or repairs, of any and all property
l
71 the State of California, or any agency or political sub
111 I
satisfaction, and subject to the approval of the City Eng
8. Developer shall, at Developer's expense, OD
I
3 utilize in completing the work, such materials, appliance
41
5
6'
7
and other property belonging to Developer as may be on
I I of the work and necessary therefor.
10. In the event that Developer fails to per
obligation hereunder, Developer agrees to pay all c
expenses incurred by City in securing performance
I 10
11
12
fees.
11. Developer shall guarantee or warranty the w
pursuant to this agreement for a period of one year aft
13, acceptance of said work against any defective work or la
l .. ..
2
3
ll
4
5
e a
the necessary repairs or replacements or perform the n
work and Developer shall pay to City the cost of such rep
12. Neither Developer nor any of Developer's a
contractors are or shall be considered to be agents of
connection with the performance of Developer's obligatio
this agreement.
11
12
13
water and sewer mains pursuant to the provisions of the
Municipal Code providing therefore, nor shall anythir
stated commit City to any such apportionment.
I I
I I
l/
2
3
4
5
waiver of defects by City.
17. The City or any officer or employee thereof s
~ be liable for any injury to persons or property occas
reason of the acts or omissions of Developer, its a
employees in the performance of this agreement. D
7
6 ~ further agrees to protect and hold harmless City, its o
and employees from any and all claims, demands, causes of '1
1 condition caused by the design, other than routine main
3 I period specified in this agreement. Provisions of this p
shall remain in full force and effect for ten years follo
12 l1
1 employee thereof, be liable for any persons or property
~ by reason of said work or improvements, but all
I
1
3 I1 21
41 I
51
performance of the agreement as extended in an increase
as necessary to compensate for any increase in constructi
as determined by the City Engineer.
The time limit stated on Page 3 Section 1, Subsc
1 'i
81
permit, temporary or permanent, shall be issued for any E
constructed pursuant to said Development until the impr
121 the terms of this contract, City shall be entitled to
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On March 21, 1988 , before me the undersigned,
Notary Public in and for said State, personnally appeared Martin
Orenyak __________________ , known to me to be the Community Developm
of the City of Carlsbad, a Municipal Corporation of the State of C, known to me to be the person who executed the within instrument on of said Municipal Corporation, and acknowledged to me that such Ci
Carlsbad, California, executed the same.
WITNESS my hand the the official seal.
******X***********************
4 * L/ > -/ * IKY'ARY KAREN PUBLlC-CALlf&&(A R. KLiNDTZ i; * * * SAN DIEGO COLJNTY $ / Notara'PKbJic &y
f)kFICIr,I ib4t $ *LdYA. % akdg:,
* Mytomrn Eri s~i 27 1qgq g J
****x***********+**,.+*********
in thr On this 7th day of January
Se'ore me the undersigned a Notary Public in and for said State perso
I= S-"E OF CALIFORNIA
COUNTY OF Ocaq-je
William K. Davis
-
personall
(or proved lo me on the basis of satisfactory evidence) to be the person wh
bi 'hin iwtrurnent orl behalf of the General Parrnership namea thereir
ledged t3 me that the General Partnersh I: executed it
Wl'hESS my hand an3 official seal
h,i)!ARt "dB_ C CtrLBiORh(!A
GR~;~ICE c~~~ig-x
My Comrntsstog F:p Mar. 29, 1991
Notary PLblic 'A and IC- said State ACKNOWLcl GMEU -GErera or riled Partnew F-vVol a1 s Fori i3cC- Re
iQb2 Sic COlTS NC (priceclass 8 2)
. a 0
DEVELOPMENT IMPROVEMENT AGREEMENT
By: DAVIS/WALTERS/GADCo Carlsbad Gateway, a
California General Partnership
By: GREAT AMERICAN DEVELOPMENT COMPANY, a
California
Its:
.- I e e
DEVELOPMENT IMPROVEMENT AGREEMENT
DAVIS/WALTERS/GADCo Carlsbad Gateway to City of Carlsbad Acknowledgements
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO 1 ) ss.
, 1988, before me, the : f' On undersigned, a Notary Public in and for said State, personally
of Great
a
ny, a California corporation, a General Partner of DAVIS/WALTERS/GADCo CARLSBAD GATEWAY,
California general partnership, and acknowledged to me that th corporation executed it on behalf of DAVIS/WALTERS/GADCo CARLSBAD GATEWAY.
WITNESS my hand and official seal.
\
4
.
NotaYy Public id an@ for sad,
County and State ,'
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ) ss.
On ~ , 1988, before me, the
undersigned, a Notary Public in and for said State, personal11 i' a nc appeared
evidence to be the persons who executed the within instrument as the general partners of Carlsbad Gateway Associates,
California general partnership, a General Partner of DAVIS/WALTERS/GADCo CARLSBAD GATEWAY, a California general partnership, and acknowledged to me that the partnership executed it on behalf of DAVIS/WALTERS/GADCo CARLSBAD GATEWAY
personally
known to me or proved to me on the basis of satisfactory
a
WITNESS my hand and official seal.
,
County and State
i
m AT W 1)~”tm o(5
* 86-149681 LT‘,U2 m yllsuh.., cq RECORDING REQUESTED BY AND MiEW RECORDED MIL TO:
Allen. Natkina. kk. Gamble
l8COO Von Karman, Fourth Floor Icvine, California 92715 Attention: knica E. Olson, Esq.
1986 APR 18 AM8 00 6 Mallory
STATEMENT OF PARTNERSHIP
DAVIS/WALTERS/GADCO E CARLSRAD GATEWAY --
The undersigned. constitutinq all of thc partners of
DAVIS/WALTERS/CADCO CARLSBAD GATEWAY, a CaliCornia general partnership created under the laws of the State of California, hereby mrke this Statement of Partnershis pursuant to tt.c provisions of Section 15010.5 of the CaiiCornia Corporations
Code, to wit:
1. The name of the Partnership to which chis Stateanent
The names of the partners of DAVIS/WALTERS/GADCO
I Great American Development Company, a Cali r‘ornia corporacion: and I
Carlsbad Cateuay Assoclates, a Calliornla general
partnersh i p.
refers is DAVIS/WALTERS/GADCO CARLSbAD GATEWAY.
2. CARLSBAD GATEWAY are:
i
,
I 3. The partner- named in this Stdtemnt Ate 311 of the partners of DAVIS/WALTERS/C;ADCO CARLSPAD GATEWAY.
4. Both partners. actinq tcq’ther, aay sonvt’y title to any real property held in the Partnership name 07 3 conveyance 3s
01:03/31/86 3;.’3H/D2243-J09 Qi I
6b *I 72 7
I - mL-wwzs*jri4r v--
4
0 00
’ 1 ‘1 11 111 1 ‘-~lp~-- I( ;I 1(
‘11 7‘
*
.~
defined in Section 15010.5(2) of the California Corporations Code executed in the Partnership name.
GREAT AMERICAN DEVELOPMENT
COUPANY, 3 Califatnia corporatiin
CARLSBA, GATEWAY ASSOCIATES, d
Ca 1 i forn i a pa L tnernh ip gerier a I
I..*.. ,. 11,,. .I .. .1 .I,. . ./I .. . ,, .& , ,.. , .: . , .. ! *
W~t\\~cw c kt+,,\ ,C.,..I,..II. ..I..*,. t.. ,.... .. /........I. ,.,, .( .. .
lu~a~ucncr~~n~,rltch.I~rI-. ...~,r......... *.- !,...+I*.. . I... * I <.A*\*L. L,?( ($(*,
Rrr*n.rndLtP( \',f5&V'. _*cI ,..I. *.,I* ! hen+ AiwS \mai ~~~\qltt,c ,.I ~c
c ;', It:* 58, I I, 'iil
I.vUIaCralrY..dan olarbor..*6..r,:",
WlIlj[rin, h~ mirnt.liw~~
- ._
..'
STATE OF CALIFORNIA )
On this a?- dsy of &&(Lh, in thk year ,@_dB before me, a Notary Public in and for said State, pc?rSOnally appeared WILLIAM K. DCIVIS, personally kncun to me (or proved ta- me on the basis of satisfactory evidence) to be the person that. executed the within instrument as oiie of the partners of C.4RIAl;AI) CATWAY ASSOCIATES, the partnership therein named, and acknowledged to me that such partnership executed the same.
VITNESS my hand and official sea;.
STATE OF CALIFORNIA )
COUNTY OF
) ss.
On this LA>41* day of P-:L.-~. . . , in tho ye31 .\ , before me. a Notaly public in ,jnd for 5,Ild Sts3tc, pt?[S,?llsPIiY appeared FREOERZC uaLTt:Rs, pezsonal~y known to mc (01 pi,>*ief! t >
me on the basis of satisfactory evidence) to be thr perst'rl rhd'.
GATEWAY ASSOCIATES, the pdrtnc1:;hil~ t-hcrciv nai.icd. .]:Id
executed the within instrument ds one of tho partners 8Jf <'ARI.SHAz) t
aCkWJUledyed '0 inc ttlA*. StlC!l iJ&lZ +.llt:f ;ihl)l t'XI?["l! Ct! '.!!e .: J::,* .
WlTIlESS my Iiaiul .~nd St: I iL.1 .I I st? I I .
I
L-..-,- - - -.- _.- .. - . - -.--.. <
d 4-
4
-1
86-149680 .
I986 4PR 18 AM8:OO
STATmENT OF PARTNFRXLP
CARLSBM GATEWAY ASSOCIATES
The undarsl~med. Conatitutinq all of the partners oc LSBM GATEWAY ASSOCIATES, a CaliLornla general partnership atad under the laus of the State of California, hereby make s Statement of Partnership pursuant to the prcvis.ons of tion 15010.5 of the California Corporations Ccde. to w~t:
1. The nane of the Partnership ta which this Statement
The names of the partners of Carlsbad tiateway
William K. Davis
Fred Wa 1 te r s
efers is Carlsbad Gateway Associates.
2. Associates are:
4. Both partners, actinq taqethel, may convey ti. any real property held in the Partnership name by a conveyal.,, ..- defined in Section 15010.5(2) of the California Corporati-ns Code executed in the Partnership name. t
51
n I
?
I
STATE OF CALIFORNIA )
cowm or OWE
On &3&7 , 1906, before me, the underslqned, a
Notary Public n and for said State, personally appeared Wil1i.a K. D8vi8, known to me (or proved to me on the basis of
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
Canrn OF SAK DIEGO )
) ss.
I
On -, 1986, befote ne, the undersigned, a Notary Public in and for said State. personally appeared Fred Walters, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name IS subscribed to the within instrument and acknowledged to me that he executed the same.
I
WITNESS my hand and officlal seal. I
- ___-- --- KlCa ; y Put1 1 L c
I I I
1
I
VSRIF ICA-
STATE OF CALIFORNIA )
COWRY OF ORMGE 1
The undeisigned, being duly sworn. deposes and says that
he 1s a partner in the general partnership named in the forego~ng Statement of Partnership, and that he has read the foregoing
Statement of Partnership, knows the contents thereof and the sxne is true Of his own knowledqe. The undersigned declares under
) SS.
VER I F I CATlON
STATE OF CALIFORNIA )
COUS' OF SAY nlECO 1
1 ss.
The undersigned. belnq duly SWOIII. deposes and says That
Statement of Partnership, and that he has read thc forewins Statement of Partnership, knows the contents thereuf and the $~!IN*
IS true of his own knouledqe. The undeis-qued deciares rlndcr penalty of perjury that the foreqolnq is rrue and correct.
he is a partner in the qencral partnership named 1'1 the to.c'aoirlq I
7- '.+L+&U&Z- I
FRED WZLTEWS
1
i7F C i
-3- rr
=.
'X
'1 \I ' 'I' ' nn , I 1'' '1' '!"' I