HomeMy WebLinkAbout1995-12-05; City Council; 13416; Costa Do SolCITY OF CARLSBAD - AGEF”
FINAL MAP
CARLSBAD TRACT NO. 92-01
COSTA DO SOL
RECOMMENDED ACTION:
Adopt Resolution No. y!?-. ??? approving a pre-payment agreement with Greystone
Homes, Inc. to guarantee financial participation in the funding of Alga Road and Poinsettia
Lane and approving the Final Map for Carlsbad Tract No. CT 92-01, Costa Do Sol.
~ ITEM EXPLANATION:
Engineering staff has completed checking the final map of Carlsbad Tract 92-01, also
known as Costa Do Sol. This subdivision is located north of Camino de Las Ondas and
east of Paseo del Norte and is within Local Facilities Management Plan (LFMP) Zone 20.
It is comprised of 115 lots with uses as follows: 112 single family residential lots, one
recreation area lot, one open space lot, and one multi-family residential lot. The total area
of the development is 28.39 acres.
The final map conforms substantially with the Tentative Map as approved by the Planning
Commission on November 3, 1993 per Resolution No. 3546 and as approved by the City
Council on March 1, 1994 per Resolution No. 94-63. The final map also conforms to the
General Plan and all the applicable requirements of the Municipal Code and City
Standards.
This map has been found to be consistent with the Growth Management Ordinance. The project density is 5.3 du/acre which is within the density range of 4-8 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is below the Growth Management Control Point of 6.0 du/acre. The findings required to approve the project below the Growth Control Point were made as part of Planning Commission Resolution 3546 adopted on November 3, 1993 and accepted by City Council on March
1, 1994 per Resolution 94-63.
This map has also been found to comply with the requirements of the LFMP for Zone 20. Currently, all facilities within or impacted by Zone 20 meet the adopted performance standards for growth management. The LFMP for Zone 20 does, however, require a comprehensive financing program guaranteeing construction of Alga Road from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane from Alga Road to El Camino Real. Staff has been working with Zone 20 property owners to establish a facility impact fee which would guarantee financing for Alga Road and Poinsettia Lane improvements. Staff intends to bring the proposed fee program up for City Council approval sometime in the future.
The developer is anxious to move forward with the recordation of the Costa Do Sol final map and is therefore requesting City Council approval of a prepayment agreement in
satisfaction of their LFMP obligation. Under the terms of the proposed agreement, the developer would post a cash deposit with the City prior to the recordation of the final map,
in the amount of $680,000 to guarantee their fair share payment towards the construction of Alga Road and Poinsettia Lane. The amount of the proposed deposit is consistent with the estimated facility fee attributable to the Costa Do Sol development as determined by the preliminary engineering report for the proposed Alga Road and Poinsettia Lane fee program. Under the terms of the proposed prepayment agreement, the developer would waive any right to oppose establishment of the facility fee program and would further agree to pay any incremental cost in fees should the established fee obligation exceed the deposit.
Page 2 of Agenda Bill No. 13 L? 16
The developer is in the process of amending the tentative map to change the multi-family
residential lot into several single family lots. The developer has requested a
reimbursement instrument for the overpayment of the cash deposit in the event the
amended tentative map is approved for lesser number of dwelling units. Instead of
amending the already executed prepayment agreement, the attached resolution has
provided authorization for reimbursement after City Council approval of the final map for
the amended tentative map..
The developer has also paid the Drainage Area Fee in the amount of $38,220 and the Park-
in-Lieu Fee in the amount of $187,425.
In addition, the developer has entered into an agreement with the Carlsbad Unified School
District to pay mitigation fees for schools.
This subdivision is subject to the Ciiy Wide lnclusionary Housing Program. Because the
project’s discretionary permit was issued after the adoption of the inclusionary housing
ordinance, the developer is required to provide affordable housing units instead of paying
an in-lieu fee or housing impact fee. The Affordable Housing Agreement has been
executed and submitted by the developer to the City. Said agreement requires the
construction of 23 affordable units in order to satisfy the affordable housing obligation. It
also requires the developer to begin construction of the affordable units by the earlier of
either (a) One year from the effective date of the agreement or (b) When building permits
have been issued for 35 market units.
For a more complete analysis of the public facilities impact for this project, see the
attached Local Facilities Impact Assessment Form.
The developer has entered into an agreement with the California Coastal Commission,
creating a deed restriction over the open space areas within the subdivision. This deed
restriction prohibits any encroachment for development into said areas in perpetuity.
The developer has contracted with a licensed environmental consultant to provide
construction observation and monitoring services for the mitigation measures required by
the tentative map and the environmental impact report for the subdivision.
FISCAL IMPACT:
This project will generate the following fees at building permit issuance:
1. Traffic Impact Fees (112 units @ $54O/unit inside CFD
and 40 units @ $432/unit inside CFD)
2. Sewer Capacity Fees (152 units @ $1806/unit)
3. Water Service Connection Fee (152 units @ !§2,40O/unit)
4. One-Time Special Development Tax CFD No. 1
(152 units @ $2,945.1572/unit)
$77,769
$274,512
SW~
$447,664
Page 3 of Agenda Bill No. ‘3i 416
The exact amount of public facility fees are unknown until the applicant submits an
application for Building Permits. Public improvements for this project include upgrade of
the existing detention/desiltation basin on the intersection of Poinsettia Lane and Batiquitos
Drive to City Standards and construction of streets, storm drains, potable water system,
reclaimed water system, and sewer system as shown on the improvement plans all to City
Standards. No detailed economic impact analysis of this development has been
conducted. While increased operating expense related to this project are expected to be
offset from the increased tax fee or fee revenue, no exact percentage of offset can be
predicted.
This project is located within Community Facilities District (CFD) No. 1. Upon recordation
of the final map, the CFD assessment will be apportioned to all lots within the subdivision.
Because this is a residential subdivision, the owner will be required to pay the one time
special development tax upon issuance of each building permit within the project.
PUBLIC FACILITY ADEQUACY STATUS:
Facility Zone
Local Facilities Management Plan
Growth Management Control Point
Net Density
Special Facilities Fee
20
Complete
6.0 du/acre
5.3 du/acre
CFD No. 1 and the Proposed Prepayment
Agreement for the Funding of Alga Road
and Poinsettia Lane
With City Council approval of the prepayment agreement guaranteeing developer
participation in the Alga Road and Poinsettia Lane financing program, the map complies
with all public facility standards of the Growth Management Plan.
EXHIBITS:
1. Location Map.
2. Site Exhibit.
3. Local Facilities Impact Assessment form.
4. Resolution No. 95 - 33yapproving an agreement with Greystone Homes, Inc. to
guarantee financial participation in the funding of Alga Road and Poinsettia Lane and
approving a Final Map for Carlsbad Tract No. 92-01, Costa Do Sol.
5. Copy of pre-payment agreement entitled “Petition, Waiver, and Consent to Creation of
a Facility Impact Fee Program and Agreement to Pay Fair Share Cost of Alga Road and
Poinsettia Lane (original on file with City Clerk).
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NOT TO SCALE
PROJECT NAME COSTA DO SOL
4WN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT.
PROJECT EXHIBIT
NUMBER CT92-01 7 4
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CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACIUTIES IMPACTS ASSESSMENT FORM
EXHIBIT 3
I
A
B
C
D
E
F
G
H
I
J
K
L
FACIUTY UNITS OF DEMAND IMPACT COMPUANCE
WlTH
STANDARD
City Administrative Facilities:
Library:
Wastewater Treatment Capacity:
Park:
528.5
281.8
Capacity
Available
1.06
YES
YES
YES
YES
Drainage:
Circulation:
(Identify Trip Distribution on site plan)
Fire:
Open Space:
Schools:
(Demands determined by school district)
Sewer:
Carlsbad Municipal Water District
Water:
Carlsbad Municipal Water District
Square Footage
Square Footage
Gallons per Day
Acreage
Adequacy of Existing
Facilities
Average Daily Trips
Improvements
Secured
1360
YES
YES
Served by Fire Station No.
Acres
Carlsbad Unified School
District
4
4.3
Capacity
Available
YES
YES
YES
112 Equivalent Dwelling
Units
Gallons per Day
Capacity
Available
Capacity
Available
YES
YES
Project is below the Growth Management Dwelling unit allowance.
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RESOLUTION NO. 95-339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT WITH GREYSTONE HOMES,
INC., TO GUARANTEE FINANCIAL PARTICIPATION IN THE FUNDING OF
ALGA ROAD AND POINSETTIA LANE AND APPROVING A FINAL MAP FOR
CARLSBAD TRACT 92-01, COSTA DO SOL.
WHEREAS, Greystone Homes, Inc., a Delaware Corporation, has submitted a final map
known as Carlsbad Tract No. 92-01 to the City of Carlsbad for approval; and
WHEREAS, the Tentative Map of Carlsbad Tract No. CT 92-01 with conditions, was
recommended for approval by the Planning Commission on November 3, 1993 pursuant to
Resolution No. 3548; and
WHEREAS, the City Council approved Planning Commission Resolution No. 3546 at its
meeting of March 1, 1994 pursuant to Resolution No. 94-63; and
WHEREAS, the City Engineer has determined that said map substantially conforms to said
conditionally approved tentative map; and
WHEREAS, the conditions of approval for said final map have been completed or secured
with the exception of City Council approval of a financing program guaranteeing the construction
of Alga Road and Poinsettia Lane; and .
WHEREAS, the developer is requesting City Council approval of an interim agreement
entitled “Petition, Waiver and Consent to Creation of a Facility Impact Fee Program and
Agreement to Pay Fair Share Cost of Alga Road and Poinsettia Lane whereby developer agrees
to pay the City $880,000 towards their fair share cost of the financing of Alga Road and Poinsettia
Lane and to waive their right to protest the establishment of a facility impact fee for the
construction of Alga Road and Poinsettia Lane; and
WHEREAS, the developer is in the process of amending the tentative map to change the
multi-family residential lot to single family lots and has requested some means of reimbursement
instrument for the overpayment of the cash deposit should the project is approved for a lesser
number of dwelling units; and
Exhibit 4 7
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WHEREAS, instead of amending the already executed prepayment agreement a resolution
authorization for reimbursement after City Council approval of the final map of the amended
tentative map is deemed more appropriate; and
WHEREAS, the developer has offered public streets and public easements for dedication
to the City of Carlsbad; and
WHEREAS, the final map conforms to the City of Carlsbad General Plan and all
requirements of City Codes and Standards; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in the public
interest to approve said Final Map;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is directed to sign the agreement entitled “Petition, Waiver and Consent
to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cost of Alga Road
and Poinsettia Lane.”
3. That the City Finance Director is authorized to reimburse the developer for any
overpayment of the cash deposit should the project is approved for a lesser number of dwelling
units after City Council approval of the Final Map for the amended tentative map.
4. That said Final Map known as Carlsbad Tract CT 92-01 from Greystone Homes, Inc.,
which is on file with the City Engineer and is incorporated herein by reference, is accepted.
5. That the City accepts the dedication of streets and public easements shown on the
Final Map.
6. That the City Clerk is authorized to sign the Certificate of Acceptance on the Final Map.
7. That the City Clerk is authorized to cause the original Final Map to be recorded in the
Office of the County Recorder of San Diego County, State of California.
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8. That the City Clerk is authorized to release the map to Chicago Title Company for
recording in the office of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 5th day of DECEMBER , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST: LiiiGii&
KAREN R. KUNDTZ, Assist&t City Clerk ww
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
;
1
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SPACE ABOVE THIS UNE FOR RECORDER’S USE
Parcel No. 214140-49
PETITION, WAIVER, AND CONSENT TO CREATlON
OF A FACILITY IMPACT FEE PROGRAM
AND AGREEMENT TO PAY FAIR SHARE COST OF
ALGA ROAD AND POlNSETTlA LANE
(“AGREEMENT”)
A. WHEREAS, the undersigned Property Owner is processing for development within
the City of Carlsbad (Cii) a development project known and identified as Carlsbad Tract 92-01
(“Project”) more particularly described on Exhibit ‘A” attached hereto and by this reference made
a part hereof; and
B. WHEREAS, City has determined Project to be located within the boundaries of a
proposed benefit area for a Facility Impact Fee Program to be known as Alga Road and
Poinsettia Lane Facility Fee Program (“Fee Program’); and
C. WHEREAS, Fee Program is intended to be formed to finance those improvements
generally described in Paragraph 1 below; and
D. WHEREAS, Fee Program may take the fom? of a bridge and thoroughfare area of
benefit fee (pursuant to Government Code Section 66484 and Carlsbad Municipal Code (CMC)
Section 20.08.140), amendment to the Traffic Impact Fee (CMC Chapter 18.42) a new
Development Impact Fee enacted pursuant to Government Code Section 66000 et seq, any
combination thereof, or othenrvise; and
Exhibit 5
. E. WHEREAS, Property Owner desires to proceed with processing of the Project prior
to City determination of the form or establishment of Fee Program; and
F. WHEREAS, the Local Facilities Management Plan for Zone 20 requires a guarantee
for the construction of the segments of Alga Road and Poinsettia Lane, described in Paragraph 1
below, prior to the recordation of any final maps or the issuance of building permits within the
zone; and
G. WHEREAS, compliance with the applicable Local Facilities Management Plans for
Zone 20 and tentative map conditions is a condition of approval for the final map for the Project;
and
H. WHEREAS, City and Property Owner desire to agree to a guarantee which insures
the project’s fair share of the financing for the improvements described in Paragraph 1 herein that
will allow Property Owner to proceed with the processing of a final map and development of the
Project in advance of the formation of a Fee Program for the construction of Alga Road and
Poinsettia Lane; and
I. WHEREAS, City Council agrees that Property Owner, upon entering into this
Agreement and upon payment of the fair share described herein, has met the requirement set
forth in the Local Facilities Management Plan for Local Facilities Management Plan Zone 20 to
provide a financial guarantee for the construction of those improvements described in
Paragraph lbelow; and
J. WHEREAS,, Property Owner voluntarily enters into this Agreement; and
K. WHEREAS, the City Council has determined that due to the size of the Project,
there will be no major impact on the circulation system at the present time if development of the
Project is allowed to proceed with suffiiient financial guarantees for actual construtiion to meet
Property Owner’s fair share of the circulation improvements;
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NOW, THEREFORE, in consideration of proceeding with the processing of Project, the
undersigned Property Owner hereby agrees and certifies to the following:
1. Property Owner hereby petitions the City for the initiation of proceedings of a Fee
Program which will cause the construction and installation and/or financing of the following
improvements which are more specifically described as follows:
0 Alga Road from Poinsettia Lane to Palomar Airport Road and
Poinsettia Lane from Alga Road to El Camino Real (Alga Road and
Poinsettia Lane)
The improvements proposed for inclusion include full width grading
for an 82 foot wide major arterial roadway within a 102 foot wide
road right-of-way, with related drainage improvements, and two 18
foot wide paved travel lanes, median curbs along both edges of a
raised unimproved median strip for Poinsettia Lane from Alga Road
to El Camino Real and Alga Road from Poinsettia Lane to Palomar
Airport Road, all built to City of Carlsbad major arterial standards.
2. The costs of construction, engineering, design, construction inspection, contract
administration, consttuction engineering, environmental mitigation, condemnation costs for the
necessary right-of-way and slope easements, legal and other incidental expenses will be funded
by the Fee Program.
3. Property Owner acknowledges its right to notice of and participation in all phases
of the establishment of Fee Program and expressly waives any right to protest or oppose the
imposition or formation of Fee Program. Property Owner’s waiver of its right to protest
establishment or formation of the Fee Program shall not prevent Property Owner from protesting
the amount of the fee or extent of the improvements for Alga Road and Poinsettia Lane.
4. a) Property Owner agrees to pay to City its fair share for the improvements
described in paragraph one (1) above (‘Deposit”), currently estimated to be $500 per “Average
Daily Trip’ (‘ADT”) allocable to each dwelling unit in the Project. Ten (10) ADT’s are allocable to
each single-family dwelling unit in the Project and six (6) ADT’s are allocable to each multi-family
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dwelling unit in the Project. The total amount of Deposit contemplated under the terms of this
Agreement is estimated to be $680,000 (based upon the following calculation: 112 single-family
units x 10 ADT/unit x $5OO/ADT + 40 multi-family units x 6 ADT/unit x $5OO/unit).
b) Prior to the recordation of a final map for any phase or phases within the
Project, Property Owner shall pay the Deposit to Cii in an amount calculated in accordance with
Paragraph 4.a) above for the number of units proposed within that final map, minus the amounts
of the credits provided for in subparagraph 4.~) below, to the extent those amounts have not
previously been subtracted from the Deposit. For the purpose of computing the Deposit amount
required pursuant to this Agreement, recordation of all or a portion of the m&i-family lots shall
require full payment of that portion of Deposit allocable to each of the mutti-family units included
with the lot or lots being recorded.
c) Property Owner is obligated by the Local Facilities Management Plan for
Zone 20 to construct portions of Alga Road, some of which are within the Fee Program and some
of which are not within the Fee Program. Those portions of Alga Road constructed by the
Property Owner which are described in paragraph one (1) and are included within the Fee
Program (Reimbursable Portion) are fully reimbursable pursuant to the provisions of this
paragraph. Those portions of Alga Road constructed by the developer which are not described
in paragraph one (1) or are not Included with the Fee Program are not considered reimbursaw.
Property Owner and City agree that, for purposes of this Agreement, the dollar amount of the
Reimbursable Portion of the Property Owner’s Alga Road improvement obligation is estimated
at $0.00 (‘Reimbursemew). The actual amount of the Reimbursement shall be determined upon
completion of the engineering report for the Fee Program and upon adoption of the Fee Program
by the City Council. Upon substantial completion of any grading work, Improvement, or property
acquisition of the Reimbursable Portion of the Alga Road improvement, City shall within sixty (SO)
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days reimburse Property Owner an amount equal to the cost of the work as determined by the
engineering report used to determine the adopted fee. In the event that the engineering report
is not completed or the Fee Program has not been adopted by the City at the time of substantial
completion of the Reimbursable Portion of the Alga Road improvements, City shall reimburse
Property Owner an amount equal to the estimated cost of the Reimbursable Portion of
improvements constructed by the Property Owner as determined by the City Engineer. Upon
completion of the engineering report and adoption of the Fee Program by City Council, City shall
determine the actual amount of the Reimbursable Portion of the constructed improvements. Any
difference in cost between the estimated and actual value of the Reimbursable Portion of
constructed improvements shall be added to or subtracted from the Deposit due pursuant to
paragraphs 8.a) through 84 below. If Reimbursement exceeds the amount of the Deposit
previously paid by Property Owner to Cii, then the excess shall be a credit to be applied against
Property Owner’s future Deposit obligations. In no case shall the City reimburse the Property
Owner pursuant to this Agreement in an amount greater than the amount of the total fee due
under the adopted fee program without first entering into a subsequent reimbursement
agreement between the City and Property Owner.
d) The actual amount of Property Owner’s fair share payment under the Fee
Program shall be conclusively determined by City Council at the time the Fee Program is
established.
e) Deposit by Property Owner of its fair share of improvement costs as determined
herein, and the contractual covenant created by this Agreement satisfies Property Owner’s
obligations for the construction of the improvements described in paragraph one (1) above, as
required by the Local Facilities Management Plan for Zone 20.
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5. Property Owner acknowledges that this Agreement to pay its fair share and
participate in the financing of improvements is voluntary and that without this Agreement Property
Owner would be precluded from obtaining final map approvals or building and other
development permits under the provisions of the General Plan, Chapter 21.90 of the Cartsbad
Municipal Code, applicable zone plan, financing plans and related documents until a satisfactory
financing program had been developed to fund the construction of the improvements described
in Paragraph 1 above.
6. Property Owner hereby waives its right to challenge the establishment or
imposition of Fee Program. Property Owner’s waiver of its right to challenge the establishment
or imposition of Fee Program shall not prevent Property Owner from protesting the amount of
the fee or extent of the improvements for Alga Road and Poinsettia Lane.
7. This Agreement does not affect, in any way whatsoever, the obligation of Property
Owner to pay any other fees or assessments associated with Property Owner’s development,
nor does this Agreement relieve Property Owner from providing other public facilities required
under conditions of the Local Facilities Management Plan for Zone 20 or placed upon Tentative
Map CT 92-01 by the City.
8. a) If prior to January 1,1999, the Fee Program for Alga Road and Poinsettia Lane
is established, subsequent to Deposit by Property Owner pursuant to this Agreement, Property
Owner’s financial obligation shall be recalculated at that time, using the fee formula established
under the approved Fee Program. lf the initial Fee Program obligation is different from Deposit,
plus accrued interest, amount previously paid by Property Owner to Cii pursuant to Paragraph
4 hereof, City shall refund any excess, or Property Owner will pay to Cii any additional amount
due (Shortfall).
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b) Any refund shall be made from funds available through the collection of fees
and shall not be an obligation of city’s General Fund or other revenue sources.
c) ln the event that iMJffiCi8~ funds are available from the fee revenues, Property
owner shall be reimbursed in the order in which funds were deposited with City as soon as
sufficient funds become available, as determined by the City council.
d) No reimbursement is required until the City council determines that suffiiient
funds are available.
8) If a Shortfall exists, Property Owner shall be notified of the amount of such
Shortfall by the Finance Director via certified mail. The amount of said Shortfall shall be due and
payable to City 30 days after the mailing of such notice.
9 The computation of the amount of any Shortfall shall not include interest
charges.
g) If payment in full of the Shotiall is not made by Property Owner within ninety
(90) days of notice of said Shortfall by the Finance Director, the amount due shall constitute a
lien on any portion of the property within the Project for which a building permit has not been
issued by the cii. Cii may deny the issuance of building permits and/or take any other action
allowed by law to deny further development of Project property subject to this Agreement, and
to collect such Shortfall including, but not limited to, enforcement of the lien on the property.
City’s recordation of a lien shall not affect its ability to recover the Shortfall by other legal means
concurrently, but no double r8covery will be allowed. The cost of such collection shall be an
obligation of Property Owner and shall be added to the amount of the Shortfall payment due City.
h) Any payment received by the Cii under this Agreement shall be deposited in
a special fund and may only be used to fund the construction of the facilities described herein.
Upon th8 establishment of a Fee Program to fund these sam8 facilities, any amount remaining
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in the special fund may b8 transferred to the Facility Fe8 Fund, at the discretion of the Finance
Director.
i) Cn or after the effective date of the Fe8 Program adopted by City Council, th8
Property Owner may elect to terminate this Agreement. The Property Owner shall notify th8 City
of their intent to terminate this Agreement in writing in accordance with the provisions of
paragraph 15 below. Upon receipt of such notification, the City shall review the Deposit account
for the Project and determine the amount of any shortfall or refund due under the provisions of
this Agreement and the amount of any remaining credits pursuant to paragraph 4.~) above, if
any. Upon payment of the shortfall, if any, by the Property Owner and upon the determination
by the Cii that the Project is subjed to the adopted Fe8 Program, the Cii shall file a notice of
release and termination of Agreement with the Cffice of the County Recorder of the County of
San Diego. Termination of this Agreement by the City shall affect only those portions of the
Project which have not recorded a final map prior, to the filing of the notice of release and
termination of Agreement. All money or credits received in satisfaction of the terms of this
Agreement for any portion of the Project for which a final map has been recorded prior to
termination of the Agreement shall be considered to have satisfied the Fee Program requirements
for those lots or units included within such recorded map. Any additional credits in excess of the
needs created by the recording of a phased final map shall be made available to the Property
Owner for us8 on the remaining unrecorded portion of the project in accordance with any
provisions for the allowance of credits under the adopted Fee Program.
9. If the Fee Program has not been established for any reason by January 1, 1999,
the amount paid by Property Owner under this Agreement, including any credits or
reimbursements due pursuant to paragraph 4.~) above, shall be deemed to represent Property
Owner’s fair share cost for provision of those facilities described in paragraph on8 (1) above and
no further payment will be due from or reimbursement due to Property Cwner.
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10. Compliance with this Agreement will be accepted by Cii as an aitemate to the
method described in th8 current Local Facilities Management Plan for Zone 20 for financing the
improvements described in paragraph on8 (1) above. This Agreement does not require City to
issue building permits or other d8V8lOpnWIt permits or grant approvals or relieve Property Owner
of the obligation to comply with all applicable provisions of law, including but not limited to,
Carlsbad. Municipal Code Titles 18, 19, 20 and 21.
11. Compliance with the provisions of this Agreement is a condition of all future
discretionary approvals for the Project. If Property Cwner does not comply with the provisions
of this Agreement, approval of the Project will not be consistent with the General Pian, the Growth
Management Program, the Local Facilities Management Plan, or the applicable financing plan
for Zone 20 and all subsequent discretionary approvals and permits for the Project shall be
withheld by City.
12. The City may, at its discretion, 8i8ct to pursue any remedy, legal or equitable
against Property Owner or Property Cwner’s successors, heirs, assigns, and transferees, with the
exception of owners of individual lots for which building permits have b88n issued, to s8cure
compliance with this Agreement.
13. City shall not, nor shall any officer or employee of City, be iiabie or r8SpOnSibl8
for any loss or damage incurred by Property Owner or any successor or assign of Property
Owner, or by any occupant in Project, as a result of the exercise of any remedies provided to City
in this Agreement. Property owner agrees to indemnify Clty for any liabilities incurred by City
as a result of Cii’s exercise of these remedies.
14. This Agreement and the covenants contained herein shall be binding upon and
inure to the benefit of the succ8ssors, heirs, assigns, and transferees of Property Owner and Cii,
and run with the real property and create an equitable servitude upon the real property.
15. All notices provided for under this Agreement shall be in writing and shall be
delivered in person or s8tv8d by certified mail postage prepaid. Delivery of notice to Property
Cwner shall be pr8sum8d to have been made on the date of mailing regardless of receipt by
Property Owner. NOtiCeS required to be given to Property Owner shall be addressed as follows:
Greystone Homes, Inc.
495 East Rincon, Suit8 115
Corona, CA 91719
Notices to the City shall b8 delivered to the
Finance Director,
Cii of Carlsbad,
1200 Carl&ad village Drive
Carl&ad, California, 92008.
Each party shall notify the other immediately of any changes of address that would require
any notice delivered hereunder to be directed to another address.
16. The obligation and benefits of this Agreement shall be transferred upon sale of the
Project. As used in this Agreement, ‘Property Owner’ shall be the owner of the real property
which comprises the Project, except as to any real property for which residential permits have
been issued. Notwithstanding any provision of this Agreement to the contrary, upon written
notice to th8 City pursuant to Paragraph 15 above, all obligations, benefits and responsibilities
of this agreement shall move to the new owner of the real property which comprises the Project.
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10
17. The undersigned entity further states, under penatty of perjury, that it is the owner
of the property described herein, or an authorized agent of the owner, and has the authorii to
sign this document including the creation of the covenants herein.
Executed this 3zday of Al.& US 7 , 195.
Robert W. Garcin (print name here)
Vice President (title a%rganization of signatory)
By: &ig n here)
Todd Palmaer (print name here)
D\,c : ,.lf>N 7 iI*: @<i (-J&+. : 7
(title and organization of signatory)
(Notarial acknowledgment of executii by PROPERTY OWNER must be &shed.)
(President or vice-president and secret.sq or wistant secretq must sign far corporatii. If only one ofGwxr signs, the ~orporatkm must attach a resdution certiii by the secretaty 01 e&&ant secretary under corparate seal empowering thet affiier to bind the
corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
11
..-
* . - CALIFORNIA ALL-PlJRPCbE ACKNOWLEDGMENT No. 5907
State of CatJ &IZAJ;b
County of RIU FtZQ CIE
On f%,I&dJSr 30, I.%5 before me, !<t 14 14 Pr?_iG -@V+pZZ f
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE. NOTARY PUBLIC
personally appeared EG&J? Y-)- & f?P 1 h; ‘. 7r,r,D Q&MPER ,
NAME(S) OF SIGNER(S)
a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is@
subscribed to the within instrument and ac-
knowledged to me that he/she/m executed
the same in his/her/m authorized
capacity(ies), and that by his/her/m
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.
(J& (g4&lg -$I& A 4 /
SIGNATURE OKj4OTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL q CORPORATE OFFICER
\/, t? ,I’ 3’ \; : 2 ’ /)J &?,0;,~F.k-
TlW(S)
DESCRIPTION OF ATTACHED DOCUMENT
%r, -Piid : IJ&!kg)- + p&r&r*
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED q GENERAL Ii
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
1 i;;;;IAN/CONSERVATOR 51 jp, !’ Ty
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME O?= PERSON(S) OR ENTWf(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 913X-7184
m’
I- DESCRIPTION - - .
: '1 d Order No. 972248 50
-. CITY OF CARLSBAD TRACT NO.
/
92-01 COSTA DO SOL, BEING-A SUBDIVISION OF:
/
PARCEL 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS
SHOWN AT PAGE 6136 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
/ i
SAN DIEGO COUNTY, JULY 6, 1977, TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF
FRACTIONAL SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID FRACTIONAL SECTION 21; THENCE
ALONG THE SOUTHERLY LINE OF SAID FMCTIONAL SECTION 21, NORTH 88O 59' 52" WEST, .
1017.71 FEET; THENCE NORTH 00" 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 88O 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 OO=' 00' 24" WEST, 34.00 FEET, MORE OR LESS, TO THE
POINT OF BEGINNINd.
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.
December 7, 1995
Greystone Homes, Inc. 495 East Rincon, Suite Corona, CA 91719
Re: Carlsbad Tract CT
115
92-l
The Carlsbad City Council, at its meeting of December 5, 1995, adopted Resolution No. 95-339, approving a pre-payment agreement with Greystone Homes, Inc. to guarantee financial participation in the funding of Alga Road and Poinsettia Lane and approving the Final Map for Carlsbad Tract No. 92-1, Costa Do Sol.
As a courtesy, enclosed is a copy of Resolution No. 95-339 for your records.
KRK:ijp KRK:ijp
Enclosure Enclosure
7200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 6B
December 7, 1995
Gregory J. Smith San Diego County Recorder
Post Office Box 1750 San Diego, CA 92112-4147
Enclosed for recordation is the following described document:
Petition, Waiver, and Consent to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Share Cost of Alga Road and Poinsettia Lane APN 214-140-40
Also enclosed are instructions on how the City is to be billed for
the recordation fees incurred.
Thank you for your assistance in this matter.
KRK:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808