HomeMy WebLinkAbout1993-06-22; City Council; 12287; Aviara Affordable Housing Development AgreementCIf--‘)F CARLSBAD - AGENC-‘ BILL ;‘c
,B # Ia; 2.8 7 TITLE: INTRODUCTION OF ORDINANCE APPROVING
-22-93 THE AVIARA AFFORDABLE HOUSING ITG. 6 DEVELOPMENT AGREEMENT
IEPT. PLN (DI 92-5) fly? /77 CITY MGR. w
IECOMMENDED ACTION:
INTRODUCE Ordinance No. AJS-24s , APPROVING the Aviara Affordable Housing Development Agreement.
ITEM EXPLANATION
On April 27, 1993 the City Council held a public hearing and approved an Affordable Housing Development Agreement between the City of Carlsbad and the Aviara Master Plan developer to provide for the accelerated development of the Master Plan's share of affordable, lower-income housing units. A copy of the Agenda Bill explaining the agreement is attached as Exhibit 2.
The agreement was approved by a City Council Resolution (Resolution No. 93-120). Subsequent to the hearing, it was discovered that the agreement should have been approved by an ordinance because it constitutes a legislative action by the City Council. Staff has now prepared the appropriate form of ordinance to approve the agreement and is recommending that the ordinance be introduced. The ordinance will supersede the previously-adopted resolution.
EXHIBITS
1. Ordinance No. /LIs-aqs 2. Agenda Bill w/attachments dated April 27, 1993
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EXHBIT 1
ORDINANCE NO. NS-245
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE AVIARA MASTER PLAN DEVELOPER TO PROVIDE FOR THE ACCELERATED DEVELOPMENT OF AFFORDABLE LOWER-INCOME INCLUSIONARY HOUSING UNITS. CASE NAME: AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO: DI 92-05
WHEREAS, the Planning Commission did on February 3, 1993
old a duly noticed public hearing as prescribed by law to
onsider an Affordable Housing Development Agreement DI 92-05; and
WHEREAS, the City Council of the City of Carlsbad, on
.pril 27, 1993, held a duly advertised public hearing to consider
aid development agreement, and at that time received the
,ecommendations, objections, protests, comments of all persons
nterested in the development agreement; and
WHEREAS, on April 27, 1993 the City Council adopted
.esolution No. 93-120 approving the Aviara Affordable Housing
levelopment Agreement;
WHEREAS, California Government Code Section 65867.5 and
'arlsbad Municipal Code Section 21.70.090 state that approval of
development agreement is a legislative act which must be
pproved by ordinance: and
WHEREAS, this ordinance is adopted pursuant to Article
.5 of the California Government Code and Chapter 21.70 of the
!arlsbad Municipal Code.
NOW, THEREFORE, City Council of the City of Carlsbad
lees ordain as follows:
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SECTION 1: That the above-recitals are true and
correct.
SECTION 2: That the Aviara Affordable Housing
'Jevelopment Agreement is approved according to Exhibit 3 dated
,'lanuary 20, 1993, attached hereto and that the findings of the
Planning Commission as set forth in Planning Commission Resolution
.go. 3489, on file in the Planning Department and made a part
.lereof are the findings and conditions of the City Council.
SECTION 3: That this ordinance supersede City Council
.Xesolution No. 93-120 which previously-approved the Aviara
Affordable Housing Development Agreement.
EFFECTIVE DATE: This ordinance shall be effective
*Thirty days after its adoption, and the city clerk shall certify
o the adoption of this ordinance and cause it to be published at
east once in the Carlsbad Sun within fifteen days after its
doption.
INTRODUCED AND FIRST READ at a regular meeting of the
arlsbad City Council on the 13th day of JULY , 1993, and
hereafter
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PASSED AND ADOPTED at a regular meeting of the City
ouncil of the City of Carlsbad on the day of I
993, by the following vote, to wit:
AYES:
NOES:
ABSENT:
PPROVED AS TO FORM AND LEGALITY
ONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
TTEST:
LETHA L. RAUTENXRANZ, City Clerk
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EXHIBIT 2
CIT\‘- i CARLSBAD - AGENC- JILL ’
4B # Gi2< ’ ,’ :’ TITLE:
HTG. b/27/93 PUBLIC BEARING ON AVIARA AFFORDABLE
IEPT. PLN HOUSING DEVELOPMENT AGREEMENT
3ECOMMENDED ACTION:
ADOPT Resolution No. 9" - I\? &PPROVINQ the Negative Declaration issued by the Planning Director'and Resolution No. ~1 _ ; - [a 0 I APPROVING the Aviara Affordable Housing Development Agreement (DI 92-05).
ITEM EXPLANATION
This item is a request to approve an Affordable Housing Development Agreement between the City of Carlsbad and the Aviara Master Plan developer to provide for the accelerated development of the Master Plan's share of affordable, lower-income housing units.
On September 1, 1992, the City Council approved an agreement with the developer of the Aviara Master Plan to provide the Master Plan's share of affordable, low-income housing in compliance with the recently- updated Housing Element. The requirement to enter into an affordable housing agreement was a condition of approval of the subdivision map for Phase II of the Master Plan. By entering into the agreement, the developer accepted a 15% inclusionary housing requirementalthoughthe ordinance to specifically mandate the requirement was not yet in place. The result is that a minimum of 160 units of lower income housing will eventually be provided as development occurs in the Master Plan area.
An alternative contained in the previous agreement approved by the City Council which was supported by staff and the Council at that time provides for the accelerated development of the minimum required 160 lower income units. Under normal inclusionary housing requirements, the affordable units could be built in increments in proportion to the number of market-rate units being built. Under the alternative, all of the minimum required 160 units for the buildout of the Master Plan would'be provided upfront at one time rather than incrementally over an extended period of time.
The developer has now indicated that he intends to pursue this alternative. The units could be constructed within three years under this alternative. If they were built incrementally in conjunction with mark&-rate units as allowed by the City's inclusionary requirement8, it could take ten to fifteen years to secure that many lower income units. In return for the accelerated development and as provided for in the previous agreement approved by the City Council the developer is now requesting the City approve an affordable housing development agreement. The proposed development agreement is attached as Exhibit 3. Approval of the agreement is authorized by Chapter 21.70 of the Municipal Code.
The proposed development agreement has been reviewed for conformance with the Municipal Code and for a-determination on the benefits it provides to the City and to the developer. The detailed analysis of these items is contained in the attached staff report to the Planning Commission (Exhibit 4). Staff believes that the alternative of having
PAGE 2 OF AGENDA BILL NO. ;r '. *- / .,d_ , i
the developer provide 160 units of affordable housing at one time on an accelerated-schedule is a significant benefit to the City in terms of complying with its Housing Element. It is reasonable and appropriate for the developer to reguest a development agreement which would protect him from future changes in affordable housing requirements in return for the benefit the City derives. Finally, the development agreement complies with all applicable provisions of Chapter 21.70 of the Municipal Code.
The approval of the development agreement was unanimously supported
bY the Housing and Redevelopment Advisory Committee and was unanimously recommended for approval by the Planning Commission.
On February 3, 1993, the Planning Commission recommended approval of the Negative Declaration issued by the Planning Director. Approval of the Affordable Housing Development Agreement will not have any adverse impacts on the environment.
P-CAL IMPACT
None. The City is not committing to any financial incentives as a direct result of the approval of an affordable housing development agreement.
ITS
1. City Council Resolution No. 94-/l? 2. City Council Resolution No. -31-13-C 3. Affordable Housing Development Agreement 4. Staff Report to Planning Commission dated January 20, 1993 5. Planning Commission Resolution Nos. 3488 and 3489 6. Excerpts from Planning Commission Minutes dated February 3, 1993
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RESOLUTION NO. 93-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE AVIARA MASTER PLAN DEVELOPER. CASE NAME: AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO: DI 92-05
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Commission did, on February 3, 1993, hold a
duly noticed public hearing as prescribed by law to consider said
request: and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, examining the initial
study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission
considered all factors relating to the Negative Declaration: and
NOW I THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning
Commission Resolution No. 3488, on file with the City Clerk and
incorporated herein by reference constitute the findings of the
City Council in this matter and that the Negative Declaration is
hereby approved.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the .
27th day of April I 1993, by the following vote, to
wit:
AYES: Council Members Lewis, Stanton, Nygaard and Finnila
NOES: None
ABSENT: Council Me
ATTEST:
ALETHA L.
(SEAL)
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3, 1993
law to
REBOLUTION NO. 97-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE AVIARA MASTER PLAN DEVELOPER TO PROVIDE FOR THE ACCELERATED DEVELOPMENT OF AFFORDABLE LOWER-INCOME INCLUSIONARY HOUSING UNITS. CASE NAME: AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO: DI 92-05
WHEREAS, the Planning Commission did on February
hold a duly noticed public hearing as prescribed by
consider an Affordable Housing Development Agreement DI 92-05; and
WHEREAS, the City Council of the City of Carlsbad, on
April 27, 1993 I held a duly advertised public hearing to
consider said development agreement, and at that time received the
recommendations, objections, protests, comments of all persons
interested in the development agreement; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City.of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Aviara Affordable Housing Development
Agreement is approved according to Exhibit 3 dated January 20,
1993, attached hereto and that the findings of the Planning
Commission as set forth in Planning Commission Resolution No.
3489, on file in the Planning Department and made a part hereof
are the findings and conditions of the City Council.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
!ity Council of the City of Carlsbad, California, on the
27th day of April , 1993, by the following vote, to
rit:
AYES: Council Members Lewis, Stanton, Nygaard and Finnila
NOES: None
iTTEST:
(SEAL)
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EXHIBJT 3
JANUARY 2091993
.I - AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
THIS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT (the l*Agreementa) is entered into as of 1992, by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHiP, a Delaware limited partnership (lgAviarafN) and the CITY OF CAR-BAD, a municipal corporation (l°CitylV), facts: with reference to the following
A. This is a Development Agreement entered into pursuant to California Government Code Sections 65864 through 65869.5.
8. City has enacted Chapter 21.70 of ths Carlsbad Municipal Code, establishing procedures and requirements for the consideration of development agreements and setting forth the purposes and procedures for entering into development agreements.
C. . f4viara Protect Aviara is the developer of certain real property located'in the City of Carlsbad, California (the “Aviara Projectgw) and which Aviara Project is the subject of certain development approvals received from City including without limitation: The Master Plan approved by City on December 22, 1987, Resolution No. 9322 and Ordinance No. 9839, as amended: final subdivision maps for the first phase portion of tha Aviara Project, which final maps wers recorded in the Official Records of the County of San Dingo, California, on June 29, 1989: Amendment to the Master Plan with respect to Phase II of the Aviara Project approved by City on February 19, 1991, Resolution No. 91-60 and Ordinance No. NS-140, as amended: and Tentative Subdivision Map (C.T. 89-37) approved for portion of Phas8 II of the Aviara Project by Resolution No. 91-60, adopted by the City on February 19, 1991.
D. -au. The Aviara Proj8ct consists of thres planning phasss within each of which ars numsrous "Planning Arsas." Csrtain rssidsntial Planning Ar8as hav8 baen sold or otharwis8 transf8rr8d by Aviara to Merchant Buildor Entitie8 8nd c8rtain non-residential Planning Ar8as have be8n transfirrad to a hotel/golf resort dov8lopm8nt partnership. Those ruidential Planning Areas of the Aviara Project which, as of the dats first written above, are own8d by Aviara or r8lat8d entity at8 rsfarred to herein as the "Aviara Land," which includes Planning Areas 3, 13, 15 and 17 through 30, inclusive, and which is dercribod with more particularity on
Exhibit “An attached h8r8to. Th8 term “Aviara Land" shall also include any othsr rssidsntial Planning Ar8a of th8 Aviara Projsct which, aftor tha data first written abov8, revsrts to
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-f the ownership Of.Or otherwise-becomes owned by Aviara or related entity.
E. The parties agree that this Agreement shall bind city and Aviara, and any purchaser, assignee, transferee or successor-in-interest as to any portion of the Aviara Land. The parties agree to execute and record against the Aviara Land such memoranda of this Agreement as may be necessary to provide notice of this Agreement to all such parties.
F. On September -, 1992, Aviara and City entered into that certain Aviara Master Plan Agreement for Inclusionary Housing, pursuant to duly noticed public hearing (the "Aviara Inclusionary Housing Agreement"). The parties have recognized that, if Aviara elects to proceed under and satisfies the special conditions set forth in Section 3.2.2(b) thereof ("Accelerated Affordable Housing"), Aviara would be providing a substantial amount of Affordable Housing which will be of significant benefit to City, and that Aviara would be doing so substantially in advance of the required timetable for the production of affordable housing in accordance with the otherwise applicable Inclusionary Housing Requirements (as therein defined). The parties recognize that, if Aviara so proceeds, Aviara would be incurring substantial costs and taking substantial risks. It is the intent of the parties that, if Aviara so proceeds, it should ba entitled to protection in the form of benefits conferred by this Agreement.
G. On 1992, the City Council of City held a duly noticed public hiaring concerning this Agreement and adopted Ordinance No. the ("Enacting Ordinance") enacting this Agreament aits legislative act, found this Agreement to be consistent with the City General Plan and the Local Coastal Plan for the City as certified by the California Coastal Commission.
H. In consideration of the substantial public improvements and benefits to be provided by Aviara electing to proceed pursuant to the Accelerated Affordable Housing, and in order to oncourage Aviara to so elect, ‘and in order to strengthen thm public planning process and reduce the economic costs of drvalopmmt, and to rainforce the City's growth managennt plan, and to further the interest of City in obtaining +ho production of Affordable Housing on an accelerated basis, all of which will be of benefit to the City and its residents, by this Agreement City intends to give Aviara assurance that Aviara can complete the Project in accordance with the terms of this Agreement and without regard to the impact of future initiatives, moratoria or other ordinances or actions affecting the rate, timing or sequences of development. In reliance upon city's covenants sat forth in this Agreement concerning the development of ths Aviara Land,
Aviara has and will in the future incur substantial costs in complying with the extra conditions pursuant to the Accelerated Affordable Housing. Such compliance and the City's expectation8 constitute consideration for this Agreement and but for Uib commitments on the part of City, Aviara would not enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows:
1. prooertv Subiect to Aareaent Aviara Land shall be subject to this Agreement. All of the The parties hereto intend that the provisions of this Agreement shall constitute covenants which shall run with the Aviara Land and shall bind and inure to the benefit of all successors in interest to the parties hereto.
2. w. The term of this Agreement shall commence' on the effective date of the Enacting Ordinance and shall expire on the tenth ahniversary thereof, unless extended or sooner terminated as hereinafter provided. Upon request by Aviara, the City Council may by resolution, without the necessity for an additional ordinance or public hearing, grant one or more extensions, each for a term not to exceed the length of the original term hereof, on condition that the City Council finds all of the following: (i) Aviara is meeting or has met its obligations under this Agreement: and (ii) in light of all the circumstances, including without limitation the benefits which the City has received from the performance by Aviara with respect to the Project referred to in Recital H above, it is in the public interest to continue the Agreement.
. . 3. -a's Condition Preceda Notwithstanding the commencement of the term of this Agreem&t, Aviara shall not be entitled to the benefit of this Agreement until and unless the condition referenced in this Section 3 (the Vondition Precedent") has been satisfied. The Condition Precedent shall be both (i) the election by Aviara to proceed under the special conditions for Accelerated Affordable Housing set forth in Section 3.2.2(b) of the Aviara Inclusionary Housing Aqreament, and (ii) the performance by Aviara to
satisfy ach special conditions.
.4. prot8cflon for Avia. Subject to satisfaction of tha Condition Precedent as specified in Section 3 above,
Aviara shall be entitled to the following protection as specified in this Section 4:
4.1. Should an ordinance or dthar measure be enacted after September 1, 1992 (the data of the public hearing at which the Aviara Inclusionary Housing Agreement was approved
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by city) and prior to expiration or termination of the term of this Agreement, whether by action of the City Council, by initiative or otherwise, having to do with or pertaining to (in whole or in part) the subject matter of Low Income Housing or Very Low InCOme Housing (as defined in the Aviara Inclusionary Housing Agreement), and which relates to or by its effect but for this Agreement would restrict the rate, timing or sequences of the development or construction of all or any parts of the Aviara Project, City agrees that such ordinance or other measure shall not apply to the Aviara Project. Other than the foregoing, the Project shall be subject to the effect of any future amendments to or changes in the rules, regulations, ordinances and official policies of City.
4.2 The review otherwise specified by Section 4.2 of the Aviara Inclusionary Housing Agreement shall not occur until the tenth anniversary of the effective date of such agreement: provided, however, that nothing conta,ined in this Agreement shall be deemed to waive or affect in any way the City's rights relating to periodic review of development agreements pursuant to Section 21.70.140 Bt seu. of the Carlsbad Municipal Code.
. 5.. pm? Performance by either party of its obligations under this Agreement shall be excused during any period of delay caused at any time by reason of acts of God or civil commotion, riots, strikes, picketing or other labor disputes, shortage of materials or supplies, damage to work in progress by reason of fire, floods, earthquake or other casualty, restrictions imposed or mandated by governmental or quasigovernmental entities, enactment of conflicting laws, litigation, acts or neglect of the other party; or any other cause beyond the reasonable control of a party. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The term of this Agreement and the time deadline for such performance shall be extended by the period of any such delay.
6. . t and Reu .
6.1 Eyents of IJefw. Subject to any extensiolu of tima by mutual consent of the parties, and subject to the provisions of Section 5 above regarding permit- delays, any failure by either party to perfom any material tarn or provision of this Agreement shall constitute an event of default ("Event of DefaultN) (i) if such defaulting party does not cure such failure within thirty (30) days following its receipt of notice of default from th8 other party, where such failure is of a nature which can bo curad within such thirty (30) day period, or (ii) if such failure is not of a nature which can be cured within such thirty (30) day period, the defaulting party does not within such thirty (30)
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day period commence substantial efforts to cure such failure and diligently prosecute the same to completion. Any notice of default given hereunder shall specify in detail the nature of the failure in performance which the noticing party claims constitutS8 the Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement or institution of legal proceedings with respect thereto.
* 6.2 pemediu Upon the occurrence of and failure to timely cure an E&t of Default, the nondefaulting party shall have the right, in addition to all other rights and remedies available at law or ih eguity, to bring any proceeding in the nature of specific performance, injunctive relief, mandamus or in equity as may be permitted by the laws then in effect or this Agreement regarding the defaulting party's failure to perform its agreements, obligations or undertakings hereunder. In addition, upon the occurrence of and failure to timely cure an Event of Default, the nondefaulting party shall have the right to terminate this Agreement.
7.1 mt to Assiap right to sell, mortgage, hypothecat;, Aviara shall have tha assign or transfer (tQTransfert@) the Aviara Land in whole or in part to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. In connection with any such Transfer, Aviara shall also have the right likewise to Transfer its rights under this Agreement as pertain to the Aviara Land or the applicable portion thereof.
7.2 It is understood and agreed by the parties that a portion of the Aviara Land has been subdivided and that remaining portions of the Aviara Land may be subdivided aftar the effectivS date of this Agreement. One or more such subdividsd parcels may be Transferred to persons for development by thur in reliance upon the provisions of this Agreement. Ths obligations of Aviara and any such transferees are swual and not joint. Noncompliance by any such transfozn with ths terms and conditions of this Agrsemsnt or with applicsbls City rules and regulations shall not be deemed to be a default hsrsunder or grounds for tsrmination hereof, or constitute cause for the City to initiate enforcement action against other persons then owning or holding interest in ths Aviara Land or any portion thereof, and not thems8lves in default herounder.
8. aendment. This Agreement may be canceled, modified or amended by mutual consent of the parties in writing in the manner provided- for in Section 21.70.120 of the Carlsbad Municipal Code, or by the City in the manner provided for in Section 21.70.160 or in Section 21.70.190 of the Carlsbad Municipal Code. In the event of termination, the provision-of Sections 21.70.170 and 21.70.180 of the Carlsbad Municipal Code shall apply.
9. Hoticea Any notice 'to either party shall be in writing and given by dilivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, to the party's mailing address set forth below:
If to Aviara, then to:
D. L. Clemens Hillman Properties West, Inc. 2011 Palomar Airport Road Suite 206 Carlsbad, California 92008
With a COPY to:
Sheppard, Mullin, Richter C Hampton SO1 West Broadway, 19th Floor San Diego, California 92101 Attn: Christopher B. Neils
If to City of Carlsbad, to:
City Manager City of Carlsbad City Hall 1200 Elm Avenue
Carlsbad, California 92008
Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner psovided herein. All notices under this Agreement shall be demed given, received, made or communicated on the date personal delivery is effected or, if mailed, on the delivery date OL: attempted delivery date shown on the return receipt.
10. Entire Aureggldpf;. This Agreement and the Exhibits attached hereto contain the entire agreement betveen the parties with respect to the subject mattet hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warrantie8 or
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representations .are superseded by this Agreement and the Exhibits attached hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.
AVIARA LAND ASSOCIATES LXMITED PARTNERSHIP, a Delaware limited partnership
BY Aviara Land Company, a Delaware corporation, General Partner
BY
BY Republic Development Company, a California corporation, General Partner
BY
CITY OF CARLSBAD, a Municipal corporation
BY Claude A. Lewis, Mayor City of Carlsbad
APPROVED AS TO FORM:
Ronald R. Ball, City Attorney
ATTEST:
Aletha L. Rautankranz, City Clerk
State of California
County Of ; ss.
1
On , before me, a notary public in and for said state, personally appeared ,
personally known to me (or 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instruments.
WITNESS my hand and official seal.
Signature
State of California
County of 1 ss. 1
On , before me, I a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(r) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ias), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument8.
WITNESS ry hand and official seal.
Signatum (Seal)
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State of California
County Of 1 ss. 1
On , before me, I a notary public in and for said state, personally appeared personally known to me (or 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instruments.
WITNESS my hand and'official seal.
Signature (Seal)
YUDD3SaG.D86 Da0692 -90
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PLANNING AREA 3 LEGAL DESCRIPTION
Lots 101 through 126 of Carlsbad Tract 85-3X according to map thereof No. 12411, in the City of Carlsbad, County of San Diego, State of California.
PLANNING AREA 13 LEGAL, DESCRIPTION
Lots 234 Through 301 of Carlsbad Tract 8535D according to map thereof No. 12412, together with Parcels 3 and 4 of Carlsbad Minor Subdivision 834 according to Parcel Map thereof No. 16451, all in the City of Carlsbad, County of San Diego, State of California.
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PLANNINGAREA LEGAL DESCRIPTION
Parcel 6 of Carlsbad Minor Subdivision 834 according to parcel map thereof No. 16451, in the City of Carlsbad, County of San Diego, State of California.
PHASE II
PLANNING AREAS 25 - 30
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LEGAL DESCRIPTION
BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN B&RNARDING MERIDIAN, IN THE CITY OF CARLSBAD, COONTY OF SAN 01&W, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, D&SCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 0'34'09" WEST 230.98 FEET FROM THE NORTHWEST. CORNER THEREOF, SAID POINT ALSO BEING TH& INTERSECTION
OF SAID WESTERLY LINE AND TBE SOUTHERLY LINE OF THAT CERTAIN &AS&M&NT FOR PUBLIC ROAD R&CORD&D IN TEE OFFICE OF TEE COUNTY R&CORD&R OF SAN DIEGO COUNTY, JUNE 29, 1989 AS PILE ND. 891345765 OF OFFICIAL RECORDS; THENCE ALONG THE SGUTH&RLY AND SOUTHWESTERLY LINE OF SAID &AS&RE??T, NDRTE 72'47'00" EAST 161.47
FEET TO TEE B&GINNING OF A TANGENT 25.00 FOOT RADIUS CURVE .CONCAVE SOUTHWESTERLY; TEENCE NGRTREASTERLY, EASTERLY AND SOUTHEASTERLY ALGNG SAID CURVE 40.36 FEET THROUGH A CENTRAL ANGLE OF 92'30'00"; THENCE TANG&NT TO SAID CURVE SOUTH 14'43'00" EAST 689.57 FEET TO TEE BEGINNING OF A TANGENT 901.00 FOOT RADIUSCfTRVECO~~NORTBEASTPUIYtTBENCESOQTgEASTERLYAND EASTERLY ALONG SAID CURVE 1135.38 FEET TBRGUGE A CENTRAL ANGLE OP 72'12'00"; THENCE TANGENT TO SAID CURVE SGUTE 86'55'00" EAST 217.41 F&ET TO TEE MDST NORTHERLY CORNER 09 CITY OF CARLSBAD TRACT NO. 8S-35 (AVIARA PBASE 1 - fJ?lIT E), ACCORDING TO MAP THEREOF NO. 12413, FILED IN TEE OFFICE OF TEE COUNTY R&CORD&R, JUNE 29r 1969: TEENCE ALONG TEE WESTERLY BolJNDARY mm&OF SOUTH 47'10'SOm WEST 350.89 FEET; THENCE SocfiB 40'43'12' WEST 605.23 FEET; TBIWCI SOCITE 17'45'00" EAST 046.44 FEET: TEENCE SOUTE 16'4S'OO" WEST 112.44 FEET: TRENCE SOUTE 12'58'00" EAST 1804.79 FEET; TEENCE SOUTE 31'51'00" EAST 700.07 PEET: THENCE SOUTE 6'33'30" EAST 495.49 FEET: THENCE SOUTH 14'29'30" NEST 519.43 F&&T TO AN ANGLE POINT TBEREIN, SAID POINT ALSO BEING A POINT IN TEE AGREED BOUNDARY OF TEE TITLE SETTL&UNT AND EXCEANGE B AND CONVEYA#lCE 09 PUBLIC ACCESS EAS&MENTr RECORDED JUNE 10,' 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS: THENCE ALONG SAID AGREED BOUNDARY.NORTHm 20'30'00" WEST 117.43 FEET; THENCE NORTE 85'00'00" WEST 71.00 FEET; TEEXE SOUTE 25'30'00" WEST 223.00 FEET: TEENCE SOUTE 10'4S'OO= EAST 53.00 FEET: THENCE SOUTH 33'30'00" WEST 146.00 FEET: THENCE SOUTN 55'30'00" WEST St.00 FEET; TX&NC& SOUTH 77'30'00" WEST 3S8.00 FEET; THENCE SOUTH SS'lO'OO" WEST 167.00 FEET: THENCE SOUTE 7S'S8'00" WEST
42.00 F&&T; THENCE NORTH 83'56'00" NEST 117.00 FE&T; THENCE NORTH 73'50.'00" WEST 99.00 FEET: TEENCE NORTH 79'50'00" WEST 147.00 FEET; THENCE NORTH 74'10'00" WEST 190.00 FE&T; 'THENCE NORTH 68.56'02" WEST 346.00 FEET: TBENCE NORTH 73'16'26" WEST 174.03 FEET: THENCE NORTH 84'00'00" WEST 124.00 FEET; THENCE SOUTH 78'00'00" WEST 447.00 FEET: TEENCE NORTH 83'00'00" WEST 123.73 FEET; THENCE NORTH 32.17'46" WEST 561.76 FEET; THENCE NORTH 69'15'09" WEST 228.25 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE NORTEEAST QUARTER OF SAID SECTION 33, DISTANT THEREON SOUTH 0.43'34" EAST 788.20 FEET FROM THE NORTHWEST CORNER OF SAID EAST HALF, AS SAID POINT IS SHOWN ON RECORD OF SURVEY MAP No. 10774, FILED IN TBE OFFICE OF SAID SAN DIEGO COUNTY R&CORD&R, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL R&CORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 10774, NORTH 0,*43'34" WEST 788.20 F&&T; THENCE NORTH 0*31'09" EAST 1357.67 FE&T: THENCE SOUTH 89'08'21" EAST 1358.22 FEET; THENCE NORTH 23'17'49" EAST lS7iO2 FEET: THENCE SOUTH 83'48'32" EAST 182.90 FEET; THENCE NORTH 63'48'24" EAST 118.59 FEET; THENCE NORTE 46'13'59" EAST 66.87 FEET; TR&NC& NORTH 21'18'51" EAST 78.99 FEET: THENCE NORTH 14'41'04" WEST 271.89 FEET; THENCE NORTH 26’24’56” WEST 112.98 FEET: THENCE NORTH 44'10'38" WEST 189.09 FEET: THENCE NORTH 36'53'26" WEST 81.01
F&&T: TH&NC& NORTH 17'21'54" WEST 96.54 F&&T; THENCE NORTH 7.59'33" WEST 108.38 F&&T: THENCE NORTH 3.53'04" EAST 180.75 F&&T; T&&NC& NORTH 35'32'01" WEST 142.05 FEET TO TH& EAST QUART&R CORN&R OF SAID SECTION 28: T&&NC& CONTINUING ALONG SAID BOUNDARY LINE NORTH 0.34'09" EAST 2485.34 FEET TO THE POINT OF B&GINNING.
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PHASE III - AVIARA PLANkING AREAS 17 - 23 LEGAJ. DESCRWI-ION
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, THE NORTH HALF OF SECI-ION 27, ALL IN TOWNSHIP 12 SOUTH, RAiiGE 4 WEST, SAN BERNARDtNO MERIDLAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, OCTOBER 30,1986 AS FILE NO. 86494180 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTiON 22, CONVEYED TO THE CITY OF’ CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29,1989 AS FILE NO. 89-345769 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS OF THE NORTH HALF OF SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I, UNITS A, B, C, D AND E, ACCORDING TO MAPS THEREOF NOS. 12409, 12410, 12411, 12412 AND 12413 RESPECTIVELY, FILED m 29, 1989.
ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, EbiNGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE 0FFICIA.L PLAT THEREOF.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID NORTH HALF OF SECTION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A KHNT ON THE NORTHERLY LINE OF SAID SECTION 27, DISTANT THEREON NORTH 86’58 ‘38” WEST 65933 FEET (RECORD NORTH 87’51’ 00” W 659.35 FEET) FROM THE NORTH QUARTER CORNER THEREOF, AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 0’06 WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 87’29 ‘59” EAST (RECORD SOUTH 87*30’08” EAST) 372.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2.30’01” WEST 326.73 FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED IN THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD, AND BEING THE POINT OF TERMINUS.
PLANNING AREA 24
LEGAL DESCRIPTION
TEOSE PORTIONS OF SECTIONS 22 AND 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN TBE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TEE NORTHWEST CORNER OF SAID SECTION 27, AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN TEE OFFICE OF TBE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS; THENCE ALONG TEE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86'58'38" EAST 236.30
FEET TO THE POINT OF INTERSECTION OF SAID BOUNDARY LINE WITH THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OP LAND SHOWN AS "PARCEL K-1" AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF CARLSBAD, RECODED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86'58'38" EAST 1082.37 FEET TO AN ANGLE POINT THEREIN: THENCE NORTB 1.49'19" WEST 331.07 FEET TO AN ANGLE POINT: THENCE SOUTH 86'57'12" EAST 660.57 FEET TO AN ANGLE POINT: THENCE SOUTH 1'36'47" EAST 330.69 TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 27; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 0*06'50" WEST 1340.75 PEET TO AN ANGLE POINT THEREIN: THENCE SOUTH 87'29'59" BAST (RECORD SOUTB 87'30'08" EAST) 372.00 FEET: THENCE LEAVING SUD BOQNOARY SOUTH 2.30'01" WEST 326.73 FEET TO A POINT ON Tlf NORTHERLY RIGHT-OF-WAY OF ALGA ROAD AS DESCRIBED IN "PARCEL b'w THE HEREIN ABOVE MENTIONED EASEMENT DEED TO TEE CITY OF CARLSBAD: THENCE ALONG SAID RIGHT-OF-WAY NORTH 59'47'00" WEST 392.51 FEET TO THE BEGINNING OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY: THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE 474.04 FEET THROUGH A CENTRAL ANGLE OF 27'08'00"; THENCE TANGENT TO SAID CURVE NORTH 86'55'00" WEST 354.22 FE&T TO THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY: THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE 1020.71 FEET THROUGH A CENTRAL ANGLE
OF 73'11'40"; THENCE.TANGENT TO SAID CURVE 13'43'20" WEST 338.79 FE&T: THENCE NORTH 14'43'00" WEST 355.88 FEET TO A POINT ON THE RIGHT-OF-WAY OF POINSETTIA LANE AS DESCRIBED IN "PARCEL
A” OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT 25.00
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* c
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG SAID RIGHT-OF-WAY AND NORTHERLY NORTHEASTERLY AND EASTERLY ALONG SAID CURVE 38.18 FEET THROUGH A CENTRAL ANGLE OF 87'30'00"; THENCE RADIAL TO SAID CURVE NORTH 17'13'00" WEST 51.00 FEET; TBENCE SOUTH 72'47'00" WEST 2.76 FEET: THENCE NORTH 17'13'00" WEST 51.00 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 17'13'00" EAST; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE 38.42 FEET THROUGH A CENTRAL ANGLE OF 88'03'39" TO THE TRUE POINT OF BEGINNING.
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