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HomeMy WebLinkAbout1994-09-06; City Council; 12849; FINANCING PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 9$3 % 0 Lp: 0, 2 2 o F: 0 a 4 G z 3 8 ()TY OF CARLSBAD - AWDA BILL \< AB#*& TITLE: DEPT. MTG. 9/6/94 FINANCING PLAN FOR LOCAL FACILITIES CITY j DEF'T. GM QLP- MANAGEMENT ZONE 9 CITY n RECOMMENDED ACTION: That the City Council adopt Resolution No. 94-250 , approving the Financing Plan fc Facilities Management Zone 9, based on the findings and subject to the conditions co therein. ITEM EXPLANATION A Local Facilities Management Plan (LFMP) for Zone 9 was originally adopted by the City on July 11, 1989. The LFMP has been amended once (January 4, 1994) to reflect land circulation changes to the Poinsettia Shores Master Plan. Both the original LFMP amendment contain conditions of approval requiring that a comprehensive financing 1 specified public facilities be adopted prior to approval of the first final map, grading pe building permit within the zone, whichever occurs first. The present request is submitted to satisfy that condition. The Poinsettia Shores Master Plan (MP 175 [Dl) specifies a mix of residential and trave commercial uses, with an unplanned area to be addressed at a later time. The LFMP amc which accompanied the new Master Plan analyzed the public facilities requirement: proposed development. This Finance Plan is intended to provide funding mechanisms City requirements for all of the needed facilities identified in the LFMP. The proposed Finance Plan is in confomance with the Growth Management Ordinance 1 2 1.90 of the Carlsbad Municipal Code) and related policies, standards, and guidelinc Finance Plan provides acceptable financial guarantees for all required public facilities, assu the facilities will be in place at time of need. The complete Financing Plan is provided as Exhibit "A". The financing provisions for thl facilities are outlined below: City Administrative Facilities and Librarv. Community Facilities District (CFD) No. 1 wa by the City in 1991 to finance a number of facilities of Citywide benefit. All und properties within Zone 9 are already participating in CFD No. 1. A combination of CI and payment of Public Facilities Fee (l'FE) constitutes the required financial guarantee for 1 facilities. Wastewater Treatment Capacity. The Phase IV expansion of the Encina Water Pollutioi Facility has been completed, guaranteeing adequate capacity to serve the city for at least into the future. Payment of normal sewer connection fees by all development within Zor only financing mechanism required. 0 PAGE TWO OF AGENDA BILE NO. I ai sv 7 Parks. CFD No. 1 will finance improvements to Veterans Memorial Park. Funding foi improvements to Poinsettia Park are included in the City's adopted 1994-95 to Buildou Improvement Program. Funding for Zone 19 park is guaranteed by a letter of credit Zone 19 developer. Therefore, the combination of CFD No. 1 taxes, payment of normal all development) and Park In-Lieu Fee (for a portion of the residential project) sat requirement for a financial guarantee for parks. Circulation. CFD No. 1 will finance improvements to the Poinsettia/I-5 interchange. Co of the Avenida Encinas connection will be constructed by the developer concurrent witE phase of project development pursuant to an improvement agreement with the City circulation improvements will be funded by PFF and Traffic Impact Fee (TIE). The, combination of CFD No. 1, PFF, TIF, and improvement agreement will provide the financial guarantee for circulation facilities. Open Space. No special financing mechanism is required for open space. Schools. The City's recently adopted standard school condition which is included in this F Plan will provide the required financial guarantee for schools. Drainace, Sewer and Water. The developer will be required to construct drainage, sei water facilities to serve proposed development pursuant to an improvement agreement City, and/or to pay the required fees. This provides the required financial guarantee for ( sewer, and water facilities. On July 6, 1994, the Planning Commission reviewed the Financing Plan and unar recommended its approval. ENVIRONMENTAL REVIEW The proposed Financing Plan is covered by a previously approved Negative Declaration fo Plan Amendment 175 (D) and Local Facilities Management Plan Amendment 87-09 (A) i the Planning Director on August 12, 1993. FISCAL IMPACT Approval of the staff recommendation will provide guaranteed financing for public required to serve new development within Zone 9. The proposed financing mechanisms consistent with all Growth Management requirements and related City policies. In the of an approved Financing Plan, funding for these facilities could not be assured. EXHIBITS P. 2. 3. Resolution No. '1 Y -34 b Planning Commission Minutes of July 6, 1994 Exhibit "A", Financing Plan for Local Facilities Management Zone 9 dated July on file with the City Clerk's Office. . 1 2 3 4 5 6 7 8 9 10 'I. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e w RESOLUTION NO. 94-250 - --? -- ATRESOLUTION OF THE CITY COUNCIL OF THE CITY 01 CARLSBAD, CALIFORNIA, APPROVING A FINANCING PLAN FOE LOCAL FACILITIES MANAGEMENT ZONE 9. WHEREAS, a Local Facilities Management Plan has been prepared for Local Management Zone 9 in accordance with Chapter 21.90 of the Carlsbad Municipal Cc WHEREAS, the Local Facilities Management Plan contains a condition of stating that a Financing Plan is required prior to approval of any final map, building F grading permit within Zone 9; and WHEREAS, staff has reviewed the Financing Plan and finds that it meets a requirements of Chapter 2 1.90 and all other applicable City policies, standards, and e and WHEREAS, at a duly noticed public hearing the Planning Commission revie Financing Plan and unanimously recommended its approval; and WHEREAS, at a duly noticed public hearing the City Council reviewed the F Plan, including consideration of the testimony of all persons wishing to speak on the r NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of of Carlsbad, California as follows: I 1. 2. - That the above recitations are true and correct. That the Financing Plan for Local Facilities Management Zone 9 date 1994, on file with the City Clerk and incorporated herein by reference 1 approved. Any development occurring within the boundaries of Zon comply with all terms and conditions of said plan. - 1 2 3 4 5 6 7 8 9 10 I' 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 20 w PASSED, APPROVED, AND ADOFTED at a regular meeting of --- -- Councifzf the City of Carlsbad, California, held on the 6th day of SEPl by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Stanton, Kulchin, Nygaard, 1 ATTEST: Ak&. RkJTENKRANZ, Ciyklerk (SEAL) I - - e 0 EXHlB PLANNING COMMISSION July 6, 1994 PAGE 7 he Batiquitos Lagoon is being worked on by the Port of Los Angels. H ep that goal in mind. desiring to address the Commission on this topic, Chairman Savd:iv de 7 ,," d owned the item for discussion among the Commission me&& I' t when the plan came to this Commission the last time, h,&oted again me of the issues. He can support the grading which is,deing considerc ps come back, he may have to vote against it if somychanges are not / if the east or west desiltation basin will help I$. Taschner's client. B( e engineers can just dc wise, it can be handl, ue. Mr. Wojcik replir administratively. ould significant changs nt in order to make the decision. Taschner's statement that there will be mar major problems at this time. opt Planning Commission Resolution Nos, 3678 and 3679 (including the added condition to Resolution No. 3678 as written in staff memo dated JuI*, 1994), appro CT 94-01 and HOP 94-03 based on the findings and subject to the coh@ions COnta therein, with a revision to Condition #28 that an attempt be made to tran!$@lant the hn Monterey Cypress trees. In the event that the transplant is not successful, he applici would be required to revert to the original mitigation requirement to replace thytrees Chairman Savary, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and ' Welshons '. '\ '\ AYES: NOES None ABSTAIN: None LFMP 87-09 (6) ZONE 4 FINANCE PIAN - Request for recommendation of approval of a Financ Plan for Local Facilities Management Zone 9. 5. MINUTES W 0 PLANNING COMMISSION July 6, 1994 PAGE 8 Don Aideout, Senior Management Analyst, Growth Management, gave the Commission a brief backg, On finance plans and stated that they must include a guarantee of funds for all public facilities when tt facility is needed. In addition, the financing must meet certain City criteria for adequacy. The criteria includes concurrency. Concurrency goes hand in hand with the financial guarantee because it tells w is time to construct a specific facility per growth management. He explained the various mechanisms which developers may use to satisfy these requirements. Mr. Rideout stated that the Local Facilities Management Plan (LFMP) for Zone 9 was adopted by the C Council in July 1989 with one amendment in January 1994 to reflect land use and circulation changa the Poinsettia Shores Master Plan. The original LFMP and the amendment both contain conditions of approval requiring a comprehensive financing plan for specified public facilities be adopted prior to approval of the first final map, grading permit, or building permit, whichever occurs first. The Poinsettia Shores Master Plan specifies a mix of residential and travel-service commercial uses, 1 an unplanned area to be addressed at a later time. The LFMP amendment which accompanied the nt Master Plan analyzed the public facilities requirements of the prapased deoelapment. This Finance PI; intended to provide funding mechanisms meeting City requirements for all of the needed facilities iden in the LFMP. Mr. Rideout reviewed each of the financing provisions for the various facilities in LFMP Zone 9, as included in the written staff report. Staff recommends approval of the financing plan as presented. Commissioner Erwin stated that he did not see anyone present from the Carlsbad Unified School Distr. (CUSD). Mr. Rideout replied that there is a special school condition which has been worked out betwe the City Council and CUSO which addresses the school district's need for future school facilities. The applicant has worked very closely with the school district. They are not present tonight because their concerns have been addressed. Commissioner Welshons referred to the plan for parks facilities on page 9. She stated that in 1989 it u identified that this quadrant was not meeting the park standard. Since that time, there has been revisic the phasing in the quadrant and the adoption of a revised population generation fate has reduced the projected park demand. Residential development may therefore proceed. She inquired how far the population generation rate dropped and how soon we will break even. Mr. Rideout replied that the ans to this hinges on the timing for construction of Poinsettia Park. In 1989, when the plan WaS first adoptf the City did not have all of the acreage needed to construct Poinsettia Park. Subsequently, partly due contribution of $1 million from this project's master plan, the City was able to buy all the acreage need€ for Poinsettia Park. We now have funds budgeted to construct Phase I of the park. Wit%struction ( that park, this quadrant will have sufficient park facilities for quite some time. The length of time depen on how rapidly development occurs within the quadrant. If it happens quickly, it will eat up that adequa quickly. However, at the current slow pace of development, that one park should satisfy the needs of tt quadrant for at least ten years. Commissioner Welshons is concerned about the phasing of parks because she is worried that the figurc are easily juggled. She inquired if that is being done in this zone. Mr. Rideout replied that when this document refers to phasing, it means that development has not occurred at the pace it was projected in 1989. At that time, it was projected that this zone would be totally built out by now. However instead, development has come to an almost complete stop in many parts of the City. That means that the projected demand is not there. It stretches out the timeline for all of the facilities. No figures are being juggled. It is an actual response to the fact that no development is occurring in most of the City right nc Commissioner Welshons inquired about what happens if the homes get built and the park is still not bui How much leeway dO-we have to build homes without the park. Mr. Rideout replied that no number can projected on how many homes can be built before the park is in place because the City has the land for park and we have a financial guarantee for the park. We are currently in the permitting process with tht - - MINUTES 0 0 PUNNING COMMISSION. July 6, 1994 PAGE 9 federal and state agencies. We need permits from those agencies before we can begin construction c park. There is no need to hold off on residential development pending these permits. Staff expects construction on the park to begin very soon. Commissioner Welshons referred to Lawin Park where the City owns the land and the financing is in but there is still no park built. She inquired if that could happen here. Mr. Rideout replied that one important point to remember about City administrative facilities, libraries, and parks, is that they don't require.absolute concurrency. The performance standard indicates that a certain acreage of parks ne to be provided within a five year period. When that original performance standard was developed in 1 the thinking at that time was that during that five year period we would be having development of approximately 1,250 units per year. It is not necessary for the park to be in place with the.first unit but five years of development at 1,250 units per year, we should have the park in place. With the very low of devalopment going on now, we are not coming close to that level of demand. Commissioner Erwin would like to hear from the applicant regarding their agreement with CUSO. Chairman Savary opened the public testimony and issued the invitation to speak. Doug Avis, 6670 El Camino Real, Carlsbad, representing Kaiza Poinsettia, addressed the Commissior stated that he and the four property owners have worked closely with the attorneys representing CUSC The result was a school funding agreement which calls for a public finance mechanism. The property owners have agreed to the agreement but it has not yet been signed. He spoke today with Attorney Bowie who assured him that the Kaiza project meets the requirements of the agreement which was ma That agreement will be signed prior to final map approval. There being no other persons desiring to address the Commission on this topic, Chairman Savary dec the public testimony closed and opened the item for discussion among the COmmiSiOn members. ACTION: Motion was made by Commissioner Erwin and duly seconded, to adopt Planning Commission Resolution No. 3683, recommending approval of the Finance Plan for L Facilities Management Zone 9, based on the findings and subject to the conditions contained therein. Chairman Savary, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and W els hons VOTE: 7-0 AYES: NOES: None ABSTAIN: None ( - ould start at 8:30 a.m. of the general plan. he had given an article to Deputy about the case is that the Supreme Court had ruled that h it further and provide the information at the next Planni MINUTES PROOF OF PUBLICATION (201 9.5 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interestsd in the above-entitled matter. I am the principal clerk of the printer of Blade-Citizen a newspaper of general circulation, printed and pubiished daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Failbrook, Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 26, 1994 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside,Califomia, this 2 6 day of August, 1994 1 ,”’+ i/ - +f---< 1’’ \fl* --------- -- ’ &‘C.&(&&. .............................. ,/ Signature t BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054 (61 9) 433-7333 This space is for the County Clerk’s Fiiir Proof of Publication of Notice of Public Hearing _______---------__----------------------- ----------------------------------------- Paste Clipping of Notice SECURELY In This Space. NOTICE OF PUBUC I FINANCING PLAN FOF LFMP 87-9(B] NOTICE IS HEREBY GIVEN that the Cty Count of Carlsbad will hold a public hearing at the C Chambers, I200 Carlsbad Village Drive, Car California, at 6 00 p m , on Tuesday, Septem 1994, to consider a request for approval of Plan for Local Facilties Management Zone 9 If you have any questions regarding this matt call Don Rideout in the Planning Department, 438-1 161, ext 421 2 If you challenge the Financing Plan for Local Facilties Management Zone 9 in court, you may be limlted to raising only those issues raised by you or someone else at the public hearing described in this notice, or in wrmn correspondence delivered to the Clty of Carlsbad Clty Clerk‘s Off ice at, or prior to, the public hearing APPLICANT City of Carlsbad CiTf OF WRLSBAO CITY COUNCIL Legal 40277 Auousl2d 1994 PROOF OF PUBLICATION (201 5.5 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. 1 am the principal c!ek of the printer of B lade-C i t it en a newspaper of general circulation, printed and pubiished daily in the City of Oceanside and qualified for the Crty of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: of San Diego, and which newspaper has been adjudged August 26, 1894 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at 0ceanside.California. this 2 G day Of Auqust, 1994 ------ - &*----<- --------------- Signature / ?6z BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054 (61 9) 433-7333 This space is for the County Clerk's Filin Proof of Publication of Notice of Public ::earin? -_-__----_-_---_------------------------~ ----------------------------------------- -- NOTICE OF PUBUC H FINANCING PLAN FOR LFMP 87-9(B) NOTICE IS HEREBY GIVEN that the Chy Counci of Carlsbad will hold a public hearing at the Cfl Chambers, 1200 Carlsbad Village Drive, Carls California, at 6 00 p m , on Tuesday, Septemt 1994, to consider a request for approval of tl Plan for Local Facilhies Management Zone 9 If you have any questions regarding this matte call Don Rideout in the Planning Department, 438-1 161, ext 421 2 If you challenge the Financing Plan for Local Facilities Management Zone 9 in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in wl-m3l COrresPondence deltvered to the Clty of Carlsbad Chy Clerk's Off ice at, or prior to, the public hearing APPLICANT City of Carlsbad CITY OF CARLSAD CITY COUNCIL ' I Legal 40277 Auaust 26' 1994 __ - 0 0 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION County of San Diego 1 )ss. STATE OF CALIFORNIA ) 4 b Notice of Public Hear I have been duly sworn as the NOTICE OF PUBUG HE FINANCING PLAN FOR i Legal Advertising Representative of the Blade-Citizen, a newspaper three times a weekin the City of California, with circulation in Cardiff, Rancho Santa Fe & Soiana Beach annexed is a true copy, was pub- lished in said newspaper on the of general circulation, published LFMP 87-9[B) NOTICE IS HEREBY GIVEN that the Clty Council 0 Solaria Beach and Carisbad, of Carlsbad will hold a public hearing at the cny [ County of San Diego, State of Chambers, 1200 Carlsbad Village Drive, Carlsba California, at 600 p rn , on Tuesday, September 1994, to consider a request for approval of the Carisbad, Del Mar, Encinitas, La Plan for Local Facilties Management Zone g If You have any questions regarding this matter, p call Don Rideout in the Plannlng Department, at [ and that the notice of which the 438-1161, ext 4212 If YOU challenge the Financing Plan for Local Facilities Management Zone 9 in court, you may be limted to raising only those issues raised by you or someone else at the public hearing described in this notice, or in , wrmn correspondence delivered to the City of Carlsbad Cty Clerk's Office at, or prior to. the public hearing APPLICANT City of Carlsbad CITY OF CARWAD CITY COUNCIL Costa, Leucadia, Olivenhain, following dates: August 26, 1994 1 certify (or declare) under penalty of Legal 4699 August 26, 1994 perjury that the foregoing is true and correct. Dated August 26, 1994 . Legal Advertising Repressntative BI ade-C itizen Newspaper e m AFFIDAVIT OF PUBLCATION PROOF OF PUBLICATION u County of San Diego 1 )ss. STATE OF CALIFORNIA ) . I I have been duly sworn as the Legal Advertising Representative of the Blade-Citizen, a newspaper of general circulation, published three times a weekin the City of Solana Beach and Carisbad, County of San Diego, State of California, with circulation in Cardiff, Carlsbad, Del Mar, Encinitas, La Costa, Leucadia, Olivenhain, annexed is a true copy, was pub- OTICE OF PUBUC HI FINANCING PLAN FOR LFMP 87-9(B] NOTICE IS HEREBY GIVEN that the Ctty Council of Carlsbad will hold a public hearing at the Clty Chambers, 1200 Carlsbad Village Drive, Carlsb California, at 6 00 p m , on Tuesday, Septembe 1994, to consider a request for approval of thc Plan for Local Facilties Management Zone 9 If you have any questions regarding this matter, call Don Rtdeout in the Planning Department, at 438-1 161, ext 421 2 If you challenge the Financing Plan for Local Facilittes Ay 7.s-k -- -u,. 1-,34 Management Zone 9 in court, you may be limited to else at the public hearing described in this notice, or in wrhten correspondence delivered to the City of Carlsbad City Clerks Off ice at, or prior to, the public hearing APPLICANT Cty of Carlsbad CITY OF CARLSBAD CITY COUNCIL Legal 4699 August 26, 1994 Rancho Santa Fe & Solana Beach and that the notice of which the lished in said newspaper on the following dates: 9 raising only those issues raised by you or someone I certify (or declare) under penalty of perjury that the foregoing is true and coned. Dated '_ . - ,-,- / 1 , ,' 5-- A,f - /i ,/I , // :,-. JT fig' / ll!J'LIY UL' Leg61 Advertising Repressn tive . Blade-Citizen Newspaper e NOTICE OF PUBLIC HEARING FINANCING PLAN FOR ZONE 9 0 LFMP 87-9(B) NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will holc a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive< Carlsbad, California, at 6:OO p.m., on Tuesday, September 6, 1994, to considei a request for approval of the Financing Plan for Local Facilities Management Zone 9. If you have any questions regarding this matter, please call Don Rideout in thl Planning Department, at 438-1161, extension 4212. If you challenge the Financing Plan for Local Facilities Management Zone 9 ir court, you may be limited to raising only those issues raised by you or someon€ else at the public hearing described in this notice or in written correspondencc delivered to the City of Carlsbad City Clerk’s Office iit, or prior, to the public hearing. APPLICANT: City of Carl sbad PUBLISH: August 26, 1994 CITY OF CARLSBAD CITY COUNCIL NOTICE OF PlJBLlC HEARiNL NOTICE IS HEREBY GIVEN that the Planning Commission of ;he City’ ~l Carisbad will holc a public hearing at the Council Chambers, 1200 Carlsbad Village 35ve, Carlsbad California, at 6:OO p.m. on Wednesday, July 6, 1994, to consider a request fa- the approva of a Finance Plan for Local Facilities Management Zone 9. Those persons wishing to speak on this proposal are cordially invited :o a,tend the publi hearing. Copies of the staff report will be available on and after Junc 36, 1994. If yo’ have any questions, please call Don Rideout in the Planning Deprt:nerLt at (619) 438 1161, ext. 4212. If you challenge the Local Facilities Management Plan Amendmmt in ccurt, you may b limited to raising only those issues you or someone else raised at the pzblic hearin described in this notice or in written correspondence delivered to thc City of Carisbad : or prior to the public hearing. f ”\ CASE FILE: LFMP 87-09(B) CASE NAME: ZONE 9 FINANCE PLAN PUBLISH: JUNE 24, 1994 - BLADE-CITIZEN JUNE 23, 1994 - CARLSBAD SUN crTy OF CARLSBAD PLANNING COMMISSION I‘\ D1Z vd LFMP 87-09(B) - LOCAL FACILITIES 0 MANAGEMENT ZONE 9 FINANCE PLAN - LABELS CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST DR GEORGE MANNON SUPT DR LARRY MAW, SUPT 801 PINE AVENUE 1290 W. SAN MARCOS BLVD CARLSBAD CA 92008 SANh4ARCOS CA 92069 ENCINITAS CA 92024 ENCINITAS SCHOOL DIS DR PATRICIA CLARK WE 101 S RANCHO SANTA F SAN DIEGUITO HS DIST VALLECITOS WTR DISTR 710 ENCINITAS BLVD 788 SAN MARCOS BLVD ENCINITAS CA 92024 CARLSBAD CA 92009 SAN MARCOS CA 9206' LEUCADIA COUNTY WTR DIST 1960 LA COSTA AV SAN DIEGO COUNTY DEPT OF PLANNING CITY OF CARLSBAD CITY OF CARLSBAD 5201 RUFFIN RD STE "R" ENGINEERING DEPT COMMUNITY SERVICE SAN DIEGO CA 92123 CITY OF CARLSBAD CITY OF ENCINITAS CITY OF OCEANSIDE CMWD 505 S. WLCAN AV 320 N HORNE ST ENCINITAS CA 92024-3633 OCEANSIDE CA 9205 CITY OF SAN MARCOS CALIF DEPT OF FISH t 105 W RICHMAR AVE PO BOX 1988 330 GOLDENSHORE # SAN MARCOS CA 92069 VISTA CA 92085 LONGBEACH CA 90t CITY OF VISTA GORDON BIZIEFF JOHN JONES JUDITH SCHWEI 4729 GATESHEAD RD 3044STATE ST 3975 SKYLINE RD CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9200E ALLAN J. WANAMAKER BRIAN MURPHY 2399-8 JEFFERSON ST CARLSBAD CA 92008 7220 AVENIDA ENCINAS STE 200 KAIZA POINSE'ITIA COW CARLSBAD CA 92009 0 0 (Form A) - TO: CITY CLERK'S OFFICE FROM: PLANNING/GROWTH MANAGEMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice LFMP 87-09(B) - FINANCING PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 9 for a public hearing before the City Council. Please notice the item for the council meeting of .', d Thank you. ,- *' July 27, 1994 - A s s i s t an t C i t y Man w- Oate * 1/8 Page Ad or 5" x 6" ad, placed in both Carlsbad Sun and Blade-Citizen - r ZONE 9 FINANCE PLAN Prepared For: CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA. 92009 Prepared By: HOFMAN PLANNING ASSOCIATES 2386 Faraday Avenue, Suite 120 Carlsbad, CA. 92008 (619) 438-1465 July 6, 1994 z TABLE OF CONTENTS I. INTRODUCTION ....................................... 11. FINANCINGMECHANISMS ................................ 111. COORDINATION WITH FINANCING PLANS FOR OTHER ZONES ...... IV. FINANCE PLAN ....................................... A. CITY ADMINTSTRATIVE FACILITIES ..................... B. LIBRARY FACILITIES ............................... C. WASTEWATER TREATMENT FACILITIES ................. D. PARKFACILI ...................................... E. DRAINAGE FACILITIES .............................. F. CIRCULATION FACILITIES ........................... G. FIRE FACILITIES .................................. H. OPENSPACE ..................................... I. SCHOOL FACILITIES ................................ J. SEWER FACILITIES ................................ : K. WATERFACILITIES ................................ LIST OF EXHIBITS Exhibit 1 - Zone 9 Finance Area .................................. Exhibit 2 - Zone 9 LFMP Finance Summary (Page 1 of 2) ................... Zone 9 LFMP Finance Summary (Page 2 of 2) .................. APPENDICES A. Finance Matrix B. School Agreement C. Property Owner List With Reference Map i .J ZONE 9 - FINANCE PLAN I. INTRODUCTION The Zone 9 Finance Plan details how the public facilities and improvements required of Zon 9 to maintain the adopted Growth Management performance standards will be financial] guaranteed. This Finance Plan addresses the prevailing special conditions contained either i the originally adopted 1989 Zone 9 Local Facilities Management Plan (LFMP) or the Zone LFMP Amendment approved January 4, 1994. The original LFMP, LFMP Amendment and th financing plan were prepared pursuant to the City’s Growth Management Program and Chaptc 2 1.90 of the Carlsbad Municipal Code. The 1994 LFMP Amendment included revisions to the Circulation Section originally identifit in the 1989 LFMP. The LFMP Amendment to Circulation was based on the traffic repoi prepared for the Poinsettia Shores Master Plan. The Poinsettia Shores Master Plan represent all remaining future development in Zone 9. Since the approval of the original 1989 LFME a number of changes have also occurred in the City that have affected the sizing and locatio of facilities identified in the original zone plan. The majority of these changes do not necessitat an amendment to the original zone plan, as the zone plan and finance plan remain consistent wit approved City documents. Specifically, the Sewer, Water and Drainage Sections are update in this Finance Plan to be consistent with new Sewer, Water and Drainage Master Plar prepared by the City. Any changes to Sewer, Water and Drainage facilities, if necessary, wi be detailed and discussed within the respective Facility Section. The format for this Finance Plan will consist of 1) identifying the original zone plan condition: 2) identifying and discussing any changes to the conditions, if any and 3) identifying th financing mechanism and estimated cost needed to ensure the timely provision of the facility 11. FINANCING MECHANISMS Several financing techniques are being used to address both the need for upgrading facilities enabling them to conform with the adopted performance standards, and to ensure conformanci of future facilities as development occurs. The following financing techniques will be used tl guarantee the public facilities needed to serve future development within Zone 9: Community Facilities District No. 1 Development in Zone 9 will contribute to a number of citywide and regional facilities, such as city administrative offices, library facilities and Veteran’s Memorial Park, through participation in the citywide Community Facilities District No. 1. -. - July 6, 1994 1 Zone 9 Finance Phi 4 Developer Funding Many of the drainage, sewer and water improvements will be directly funded and constructed by the developer(s). Facilities earmarked for developer funding are limited to those which normally would have been imposed as a condition of approval of a tentative map under the City’s existing development review process. Without these essential facilities, the associated subdivisions could not be developed. Therefore, the City is already guaranteed that these specific facilities will be constructed concurrent with need; no further action is required at this time. Reimbursement Agreements with the City When appropriate, the City may enter into a reimburs6ent agreement or fee credit with the developer for any facility which is included in a City impact fee program. The source of reimbursement shall be from the appropriate City impact fee. The schedule for reimbursement shall be based on the City’s capital improvement program and the availability of unobligated impact fee revenue. Private Reimbursement Agreements Among Property Owners Several facilities discussed in this plan are also required of other zones and property owners. Developers of Zone 9 may enter into private agreements with other property owners to address reimbursement for such facilities, Any such agreement must be recorded against the title of the participating properties and a copy of the recorded document must be provided to the City’s Growth Management Division. III. COORDINATION WITH FINANCING PLANS FOR OTHER ZONES Pursuant to the Growth Management Ordinance, future finance plans for other zones whic impact facilities in common with Zone 9 shall be coordinated with this finance pla Coordination, however, shall not require identical funding methods. July 6, 1994 2 Zone 9 Finance PL p Existing Areas of Development (lot a part)' I __..-.- - .- f E m IV. FINANCE PLAN A. CITY ADMINISTRATIVE FACILITIES 1. Conditions The following conditions were identified in the 1989 Zone 9 LFMP. For complete analysis of City Administrative Facilities, refer to pages 41 to 48 of th document. a. General Conditions for Zone 9 If the adopted perj5onnance standard for City Administrative Facilities not being complied with, then residential development in Zone 9 will , stopped until the standard is met. Special conditions for Zone 9 No special conditions are necessary at this time. b. 2. Changes There are no changes to the approved conditions for City Administrati Facilities. 3. Financing Zone 9 will contribute to the funding of City Administrative Facilities throu participation in Community Facilities District No. 1 and through the payment Public Facilities Fees (PFF) at time of building permit issuance. July 6, I994 6 Zone 9 Finance A B. LIBRARY FACILITIES 1. Conditions The following conditions were identified in the 1989 Zone 9 LFMP. Fo complete analysis of Library Facilities, refer to pages 49 to 54 of that docume a. General Conditions for Zone 9 rf the adopted performance standard for Library Facilities is not be complied with, then residential development in Zone 9 will be stop] until the standard is met. Special conditions for Zone 9 No special conditions are necessary at this time. b. 2. C han geS There are no changes to the approved conditions for Library Facilities, 3. Financing Zone 9 will contribute to the funding of Library Facilities through participat in Community Facilities District No. 1 and through the payment of Put Facilities Fees (PFF) at time of building permit issuance. July 6, 1994 7 Zone 9 Finance P C. WASTEWATER TREATMENT FACILITIES 1. Conditions The following conditions were identified in the 1989 Zone 9 LFMP. Fo complete analysis of Wastewater Treatment Facilities, refer to pages 55 to 6; that document. The following action shall be pursued jointly by each sewer district to em adequate wastewater treatment capacity through the year 2000: --- Monitor Encina treatment plant flows on a monthly basis to determ actual flow rates and to have an early warning capacity problems. Actively pursue acceleration and phasing of treatment plant Phase I\ provide adequate capacity. The six member agencies shall form an agreement to maximize 1 utilization of available treatment capacity at Encina WPCF. -- -- 2. Chanyes There are no changes to the approved conditions for Wastewater Treatmc Facilities. 3. Financing Zone 9 will contribute to the expansion of wastewater treatment facilities throu the payment of sewer connection fees at time of building permit issuance. - - July 6, 1994 8 Zone 9 Finance Pk D. PARK FACILITIES 1. Conditions The following condition was identified in the 1989 Zone 9 LFMP: The propeny owners in Zone 9 have provided the City with $1,OOO,OOO for 1 acquisition of park land in the Southwest Quadrant. However, the existing pc property owners are not proposing to mitigate this current shortfll and cc waiting until the City or some other Local Facilities Management Plan resoh the current park shortages. The facility analysis has indicated that the parhTtandard within the Southwc Quadrant is not being met. Therefore, pursuant to Section 21.90 of the Carlsb Municipal Code, no residential development may be allowed in this quadrant un the pe6omance standard is complied with. facilities are still not in compliance with the pevurmance standard. The Zonr 2. Changes Since approval of the Zone 9 LFMP, a new parks inventory has been approvi that identifies a total of 57 park acres. In addition, revisions to phasing in t quadrant and adoption of a revised population generation rate have reduci projected park facilities in the Southwest Quadrant are adequate to meet the bui out population. Therefore, residential development may proceed in the quadra as the performance standard is being met and will be met through build out oft' zone. projected park demand in the Southwest Quadrant. As a result, the existing ar 3. Financin2 The $1,000,000 paid by the property owners to the City for park acquisitic exceeded the amount needed to meet the demand in Zone 9. currently in the process of determining the reimbursement due to the proper owners within Zone 9. Additional park-in-lieu fees or dedication requiremen may be required for the 113 density bonus units approved as part of the Poinsett Shores Master Plan. The Poinsettia Shores Master Plan designated the densi bonus units as 90 "affordable" units and 23 "market rate" units. The payment c the additional park-in-lieu fees or the requirement for additional park lan dedication for the demand created by the density bonus units will be determine upon approval of the Tentative Map(s) or Site Development Plan for tf affordable units and upon the approval of the Tentative Map(s) for any marb rate units above the 451 future dwelling units or the 910 total dwelling uni allowable in Zone 9 as approved in the 1989 Zone 9 LFMP. The City July 6, 1994 9 Zone 9 Finance Pla E. DRAINAGE FACILITIES 1. Conditions The following conditions were identified in the 1989 Zone 9 LFMP. complete analysis of Drainage Facilities, refer to pages 73 to 82 of document. 1. Fo Prior to the recordation of any final map, issuance of a grading pennii building pennit, whichever occurs first within Zone 9, the developers l required to: (a). Pay the required drainage area fees established in the curr Master Drainage Plan and; Becute an agreement to pay any drainage area fees establishec the forthcoming revised Master Drainage Plan. 0). 2. Area "A " No additional facilities required. 3. Area "B" No additional facilities required. 4. Area "C.1" No additional facilities required. 5. Area "C.2 " Prior to the recordation of afinal map, issuance of a building or gradi permit, whichever occurs first, for development in Area C. 2, the develoi shall provide a financial mechanism guaranteeing the construction of J following drainage facilities: (a) - second-tier desiltation basin south of the existing desiltation ba sening Area DB. Zone 9 Finance P, July 6, 1994 10 (bJ constnrction of the 72" to 81 " stonn drains extending &O Poinsettia Lone to the Batiquitos Lagoon, and to include tl construction of the desilting basin on the west side of the railroi right-of way at the lagoon, together with the required connectioi to storm drains extending under the railroad tracks. Estimated Cost - $1,221.620 The storm drain facilities ident@ed to serve Area "C.2" must 1 completed prior to the occupancy of the first development in Arc " c. 2 " . 6. Area "C.3" Prior to the recordation of aJnal map, issuance of a building or gradii permit, whichever occurs first, for development in Area "CC.3", tl developer shall provide a jinancial mechanism guaranteeing tl comiruction of the following drainage facilities: construction of the 7; to 81" storm drains extending from Poinsettia Lane to the Batiquiti Lagoon, and from Poinsettia Lane to the Batiquitos Lagoon, and includin the construction of the desilting basin on the west side of the railroo right-of-way at the lngoon, together with the required connections to stoli drains extending under the railroad tracks. Estimated Cost - $I, 179.620 The storm drain fmilities ident@ed to serve Area "C.3 " must be complett prior to the occupancy of the first development in Area "C.3 n. 2. Changes The 1994 Zone 9 LFMP Amendment provides a brief summary of the City' latest drainage master plan. The Zone 9 Finance Plan identifies the specifi changes made in the Master Drainage and Storm Water Quality Management Pla pertinent to the undeveloped areas in Zone 9. The following conditions a~ intended to supersede the Drainage Facilities conditions originally approved in tt 1989 Zone 9 LFMP. a. Prior to the recordation of any final map, issuance of a grading permit c building permit, whichever occurs first within Zone 9, the developers a~ required to pay the required drainage area fees established in the cunei Master Drainage Plan. July 6, 1994 11 Zone 9 Rnance Pla Drainage Condition 2.e.(i) Estimated Cost Financing Mechanism Guarantee Responsible Areas Storm Drains From Desiltation Basin To Mobile Homc Park Including Desiltation Basin $1,225,607 Developer Funding Improvement Agreement Lots 1-9, Lot 79 and Area West of Railroad F. CIRCULATION FACILITIES 1. Conditions The following conditions were identified in the 1989 Zone 9 LFMP. complete analysis of Circulations Facilities, refer to pages 83 to 99 of document. A. Fc SPECIAL CONDITIONS FOR ZONE 9 I. An on-going monitoring program shall be established to evak the aspects of improvements, development, and demand circulation facilities. The required timing of improvement> based upon the projected demand q development in the zone ( the surrounding region. This timing may be modifled with amendment to this plan, however, any deletions or additions to improvements will require amending this local plan. Prior to the recordation of afinal map, issuance of a building grading pennit, whichever occurs_first in Zone 9, a comprehem financing program guaranteeing the construction of the follow circulation improvement must be approved: 2. A. Improvements Needed Now None B. Improvements Needed bv 1989 1. WNDROSE CIRCLE - Complete the construction of the em lengrh of Windrose Circle to secondary arterial standards includ the installation of a traflc signal at Windrose Circle and Ave Encinas. Estimated Cost - $1,22O,aK) Completion Date - 1989 A WNIDA BATIQ UITOS - Construct Avenida Batiquitos benv Carlsbad Boulevard and Windrose Circle to secondary anel standard to include: a) 2. Construction of a bridge over AT&SF Railroad July 6, 1994 14 Zone 9 Finance I - b) Intersection improvements including installation of traJ signals at the following intersections: Shearwater Road at Avenida Batiquitos Carlsbad Boulevard at Avenida Batiquitos 1. 2. 3, Windrose Circle at Aveflida Bariquitos Estimated Cost - $4,506,400 Completion Date - 1990 C. Improvements Needed bv I995 1. POINSETTL.4 LANE I-5 OVERPASS - Widen overpass to prow two through lanes in each direction, dual lefl turn lanes to the G ramps and bike lanes. Estimated Cost - $5,000,000 Completion Date - 1993 D. Immovements Needed bv 1995 1. POINSETZU LANE - CARLSBAD BOULEVARD TO AENL ENCINAS - complete the construction of Poinsettia Lane ultimate major arterial standards to include: a) Bridge over AT&SF Railroad b) Landscaped median c) Ultimate intersection improvements to Poinsettia Lane a Carlsbad Blvd. Estimated Cost - $1,500,000 Completion Date - 1995 E. Improvements Needed bv 2000 - 1, POINSETllA LAND 1 CARLSBAD BLVD, INTERSECTION provide dual refs turn lanes, southbound to eastbound witt existing curbs. Estimated Cost - $15,000 Completion Date - 2000 July 6, I994 15 Zone 9 Finance P . 2. Changes The following conditions were identified in the January 4, 1994 LFE Amendment adopted by City Council. For a complete analysis of Circulatj Facilities, refer to pages 6 to 19 of that document. These conditions supers€ the circulation conditions identified in the originally adopted 1989 Zone LFMP. A. SPECIAL CONDITIONS FOR ZONE 9: 1. An on-going monitoring program shall be established to evalu the aspects of improvements, development, and demand circulation facilities. The required timing of improvements based upon the projected demand of development in the zone i the surrounding region. This timing may be modified with amendment to this plan, however, any deletions or additions to improvements will require amending this local plan. Prior to the recordation of a final map, issuance of a building grading permit, whichever occurs first in Zone 9, a comprehens financing program guaranteeing the construction of the follow circulation improvement must be approved: a. Immovements Needed Now 2. None b. Immovements Needed bv 2000 (i) Poinsettia Lane (1-5 Overpass to Avenida Encin Widen overpass to provide two through lanes in c direction, dual left turn lanes to the on-ramps. The ( ramps will be widened with traffic signals installed at ramp junctions with Poinsettia Lane. Poinsettia Lane I be restriped or widened both east and west of 1-5 to ma the 1-5 overcrossing lane configurations. The exist traffic signal at the Poinsettia Lane/Avenida Enci intersection will be modified to accommodate restrip needed to coincide with the 1-5 overcrossing 1, configuration. Estimated Cost: $9,650,000 Completion Date 1995 Zone 9 Rnance 1 July 6, 1994 16 c (ii) Poinsettia Lane (Carlsbad Boulevard to Aveni Encinas) Complete the construction of Poinsettia Lane to ultim; major arterial standards to include the bridge over 1 AT&SF Railroad Estimated Cost: $2,000,000 Completion Date: 1997 (iii) Avenida Encinas (Windrose Circle-Ponto Drive) Dedication of secondary arterial right-of-way w construction of the road segment to 2 lanes to include: (a) Construction of a bridge over AT&SF Railroad (b) Intersection improvements at Ponto Drive a Avenida Encinas including the installation of traffic signal. Estimated Cost: $3,517,000 Completion Date: 1994 (iv) Avenida Encinas (Ponto Drive-Carlsbad Bouleva Complete the construction of the road segment to 4 la secondary arterial standard including intersecti improvements to Carlsbad Boulevard and Avenida Encin: Estimated Cost: $1,353,000 Completion Date: 2005 c. Build Out Improvements (i) Poinsettia Lane/Carlsbad Boulevard Intersection Re-stripe to provide dual left turn lanes, southbound eastbound within existing curbs. Estimated Cost: $15,000 Completion Date: 2005 July 6, 1994 17 Zone 9 Finance P Circulation Condition A.2. b . (i) Estimated Cost Financing Mechanism Guarantee Responsible Areas Other Responsible Areas Poinsettia Lane (1-5 Overpass-Avenida Encinas) $9,650,000 Carlsbad CFD No.1 Participation in CFD Lots 1-9, Lot 79 and Area West of Railroad Citywide r Circulation Condition A.2.b. (ii) Poinsettia Lane (Carlsbad Boulevard - Avenida Encinas) Estimated Cost $2,000,000 Financing Mechanism Guarantee City of Carlsbad PFF Payment of Public Facilities prior to Building Permit issuance Lots 1-9, Lot 79 and Area West of Railroad Responsible Areas - Other Responsible Zones Citywide - Circulation Condition A.2.b.(iii) Estimated Cost Financing Mechanism Guarantee Responsible Areas Avenida Encinas (Windrose Circle-Ponto Drive) $3,5 17,000 Developer Funding Improvement Agreement Lots 1-9, Lot 79 and Area West of Railroad Circulation Condition A.2.b. (iv) Estimated Cost Financing Mechanism Guarantee Responsible Areas Avenida Encinas (Ponto Drive-Carlsbad Boulevard) $1,353,000 Developer Funding Improvement Agreement Lots 1-9, Lot 79 and Area West of Railroad Circulation Condition A.2~4) Estimated Cost Financing Mechanism Guarantee Responsible Areas Poinsettia LanelCarlsbad Boulevard Intersection $15,000 Developer Funding Improvement Agreement Lots 1-9, Lot 79 and Area West of Railroad G. FIRE FACILITIES 1. Conditions The following condition was identified in the 1989 Zone 9 LFMP. analysis of Fire Facilities, refer to pages 100 to 101 of that document. a. Fox Special conditions for Zone 9 No special conditions are necessary at this time. 2. Changes There are no changes to the approved conditions for Fire Facilities. 3. Financing No special financing mechanism for fire facilities is required as a conditio] development within Zone 9. - - July 6, 1994 23 Zone 9 Finance I H. OPENSPACE 1. Conditions According to the Citywide Facilities and Improvements Plan, Zone 9 is identil as already in compliance with the adopted performance standard. Therefore, further analysis is required pertaining to open space. 2. Changes There are not changes to the approved conditions for Open Space. - 3. Financing None required Zone 9 Finance I 24 Jury 6, 1994 I. SCgooL FACILITIES 1. Conditions The following conditions were identified in the 1989 Zone 9 LFMP. FC complete analysis of School Facilities, refer to pages 103 to 107 of document. A. SDecial Conditions-for Zone 9 Prior to the recordation of any residentialfinal map, issuance of build or grading permit, whichever occursjh, in Zone 9, an agreement SI be entered into between Carlsbad Unfled School District and the affec property owner(s) that shall provide for the following: 1. ne deeding of an acceptable school site to the Carlsbad Uno School District if it is determined by the District a school within Zon is warranted. 2. A j7nancingplan approved by the City and Carlsbad Unified Sch, District guaranteeing the construction of necessary elementary sch, facilities in Zone 9 pursuant to condition #l. If any reimburseme and/or school fee credits are to be given, the school agreement@nana plan shall provide a mechanism to do so. 2. Changes Since approval of the condition shown above, a new School Location Plan I been adopted by the Carlsbad Unified School District and incorporated into City's General Plan. The School Location Plan does not identify the need fo. school site in Zone 9. However, the following condition is added: "Prior to the approval of any fii map or the issuance of any building permit within Zone 9, the applicant for i final map or building permit shall submit evidence to the City that impacts school facilities have been mitigated in conformance with the City's Grov Management Plan to the extent permitted by applicable state law for legislati approvals. If the mitigation involves a financing scheme such as a Mello-Rc Community Facilities District which is inconsistent with the City's Grov Management Plan including City Council Policy Statement No. 38, the develol shall submit disclosure documents for approval by the City Manager and Cj Attorney which shall disclose to future owners in the project, to the maximL extent possible, the existence of the tax and that the school district is the taxi agency responsible for the financing district. I' -- July 6, I994 25 Zone 9 Rnance P1 3. Financing The Property owner(s) within Zone 9 has entered into an agreement with Carlsbad Unified School District (CUSD) to join the CUSD’s Commur Facilities District (CFD) which was recently formed on November 5, 1993. 1 Agreement allows for a special tax to be assessed against future Single Fan and Multi-Family dwelling units in this zone. The CFD allows for either the prepayment in full of the Annual Special Tax at the time of issuance of a build permit, or 2) the owner of the SFD or MF unit will be assessed a Ann Maximum Special Tax which will commence the first fiscal year after a build permit is issued and will continue for a period of 30 years. A copy of be found in Appendix B. Agreement and the resolution approving the School Facilities Finance Plan Zone 9 Finance P July 6, 1994 26 J. SEWER FACILITIES 1. Conditions The following conditions are identified in the 1989 Zone 9 LFMP. Fc complete analysis of Sewer Facilities, refer to pages 108 to 117 of that documc 1. A rea "A I' No special conditions are required for Area "A". 2. Area "B" No special conditions are required for Area "B ". 3. Area "C. 1 ,, No special conditions are required for Area "C.l* 4. Area "C. 2 'I Prior to the recordation of any final map or issuance of a grading building permit whichever occurs first in Area "C.2 N, a financ mechanism guaranteeing the construction of the following sewer faciliL must be approved: a. Construction of the required sewage collection system to sei Area "C. 2 " development: and Construction of a pump station and force main to convey sewL to the gravity main in Windrose Circle. Relocate three existing force mains carrying sewage from b Leucadia County Water District's Batiquitos pump station to 1 Encina Water Pollution Control Facility. The relocations L required for the construction of an at-grade intersection benve Avenida Batiquitos and Carlsbad Boulevard. Additionally, prior to the recordation of any final map, or issuar of a grading or building permit, whichever comes first in AI "C.2", a financial mechanism must be approved that )r guarantee the $financing of yearly operational and maintenai costs for the sewage pump station in petpetuity. b. e. d. July 6, I994 27 Zone 9 Enance A 5. Area "C. 3 ,, Prior to the recordarion of any final map or issuance of a grading building permit, whichever occurs first in Area "C.3"' a finan4 mechanism guaranteeing the construction of the following sewer facili must be approved: a, Construction of the required sewage collection system to se Area "C.3" development; and Construction of a 10-inch gravity main across the Railroad rii ofway to convey sewage to the pump station in Area "C.2 ". Construction of a pump station and force main to convey sew to the gravity main in Windrose Circle. Relocate three existing force mains carrying sewage from Leucadia County Water District's Batiquitos pump station to Encina Water Pollution Control Facility. The relocations required for the construction of an at-grade intersection bem Avenida Batiquitos and Carlsbad Boulevard. b. c. d. e. Additionally, prior to the recordation of any final map, or issua, of a grading or building pennit, whichever comes first in Ai "C.3"' a financial mechanism must be approved that 1 guarantee the financing of yearly operational and maintenai costs for the sewage pump station in pelpetuity. 2. Changes Due to the land use and circulation changes approved in the Poinsettia Sho Master Plan and the 1994 Zone 9 LFMP Amendment, the Zone 9 Finance P describes the specific changes made to the Sewer Facilities Conditions identif. in the 1989 Zone 9 LFMP. The following conditions are intended to superse the Sewer Facilities conditions originally approved in the 1989 Zone 9 LFMl a. Area "A" - Not a Part No special conditions are required for Area "A". Area "B" - Not a Part No special conditions are required for Area "B". b. -. - July 6, 1994 28 Zone 9 Finance P, C. Developed Portion of Area "C. 1" - Not a Part This is the area that includes the existing single family homes alc Navigator Circle. No special conditions are required for the develo portions of Area I' C .1 'I. Undeveloped Portion of Area "C. l", Area "C.2" and Area "C.3" are n identified as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Lot 79 and Area West Railroad. Sewer Facilities Condition 4.c. and Condition 5.d. identified in the l! Zone 9 LFMP have been eliminated. Due to the realignment of Aven Encinas approved in the 1994 Zone 9 LFMP, the relocation of the th existing force mains is not necessary. The remaining conditions from Sewer Facilities Condition 4. i Condition 5. previously identified in the 1989 Zone 9 LFMP are n combined, revised and identified as Sewer Facilities Conditions d. (j d.(v) below. (i) d. - - Prior to the recordation of any applicable final map or issuance a building permit whichever occurs first in Lots 3, 4 and A West of Railroad, the construction of a 8" force main alc railroad right-of-way must be financially guaranteed; Prior to the recordation of any applicable final map or issuance a building permit whichever occurs first in Lots 3, 4 and AI West of Railroad, the construction of a pump station, local within Lot 4 adjacent to the railroad right-of-way, must financially guaranteed; Prior to the recordation of any applicable final map, or issuance a building permit, whichever comes first in Lots 3, 4 and Ai West of Railroad, a financial mechanism must be approved tk will guarantee the financing of yearly operational and maintenan costs for the sewage pump station in perpetuity. Prior to the recordation of any applicable final map or issuance a building permit whichever occurs first in Lots 2, 3, 7, 8, 9 a Lot 79, the construction of a portion of a 10" sewer main that required to individually serve each of the previously mention1 Lots must be financially guaranteed. Prior to the recordation of any applicable final map or issuance c a grading or building permit whichever occurs first in Lots 1 ax Jug 6, 1994 29 %ne 9 Annnce P.4 (ii) (iii) (iv) (v) Sewer Condition (i) Estimated Cost Financing Mechanism Guarantee Responsible Areas Reimbursement 8" Force Main Along Railroad Right-of-way (323 LF) $20,995 Developer Funding Improvement Agreement 3, 4 or Area West of Railroad None Sewer Condition (ii) Estimated Cost Financing Mechanism Guarantee Responsible Areas Reimbursement Pump Station $250,000 Developer Funding Improvement Agreement 3, 4 or Area West of Railroad None Sewer Condition (ii) Estimated Cost Financing Mechanism Guarantee Responsible Areas Reimbursement Yearly Operational and Maintenance Costs for the Sewage Pump Station in Perpetuity To Be Determined Developer Funding Improvement Agreement 3, 4 or Area West of Railroad None Sewer Condition (iv) 10" Sewer Main (1,620 LF) Estimated Cost $12 1,500 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas Reimbursement None 2, 3, 7, 8, 9 or Lot 79 J Sewer Condition (v) Estimated Cost $65,000 Financing Mechanism Developer Funding Guarantee Improvement Agreement Responsible Areas 1 and 5 8” Sewer Main (1,000 LF) 1 Reimbursement None - K. WATER FACILITIES 1. Conditions The following conditions are identified in the 1989 Zone 9 LFMP, For complete analysis of Water Facilities, refer to pages 118 to 127 of tl document. Svecial Conditions A. All development within Zone 9 shall pay the appropriate connection fee required by the Costa Real Municipal Water District. Prior to the recordation of a jinal map, or issuance of a grading pen or building permit, whichever occurs first, in Area "C. 2 a, a financii mechanism guaranteeing the construction of the following water faciliti shall be approved: B. Facility Facility Location Facility Length flL Number 1&5 Windrose Circle 16" Water Main 1,500 3&4 Avenida Batiquitos & 12 N Water Main 6,690 2 Windrose Circle 10" Water Main 1,741 4 Carlsbad Blvd. 12" Water Main, P. R. 1 each 7 Ponto Drive 12 ,, Water Main 600 8 Shearwater Rd. & Hotel IO ,, Water Main 2,400 Carlsbad Blvd. Meter Station Access - July 6, 1994 35 Zone 9 finance Pla, C. Prior to the recordation of a final map, or issuance of a grading 1 building permit, whichever occurs first in Area "C.3", aflnancing ml guaranteeing the construction of the following water facilities approved: Facility Nun ber Facility Location Facility Length fl 1&5 Windrose Circle 16" Water Main 1,500 3&4 Avenida Batiquitos & 12 " Water Main 6,690 2 Windrose Circle 10" Water Main I, 741 4 Carlsbad Blvd. 12 ,, Water Main, P. R. 1 each 7 Ponto Drive 12 " Water Main 600 Carlsbad Blvd. Meter Station 2. Changes The 1994 Zone 9 LFMP Amendment provides a brief summary of the City's nev master plan. The Zone 9 Finance Plan identifies the specific changes made in tl Master Plan CMWZl Project No. 89-105 pertinent to the undeveloped areas in Zoni following conditions are intended to supersede the Water Facilities conditions ( approved in the 1989 Zone 9 LFMP. a. Since the original approval of the Zone 9 LFMP, the name of the governj district has changed. Therefore, all development within Zone 9 shall appropriate connection fee as required by the Carlsbad Municipal Water Dis the Costa Real Municipal Water District. Undeveloped Portion of Area "C. 1") Area "C.2" and Area "C.3" are now i as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Lot 79 and Area West of Railroad. Water Facilities Condition B. and Condition C. previously identified in Zone 9 LFMP are now combined, revised and identified as Water Conditions b.(i) and b.(ii) below: (i) Prior to the recordation of a final map, issuance of a grading F issuance of a building permit, whichever occurs first for Lots 1-9, Lot 79 s West of Railroad, a financing mechanism guaranteeing the construction t Water Main (3,450 LF) to be located in Avenida Encinas and Tempom Drive. b. July 6, 1994 36 Zone 9 Finance Pln Water Condition b.(i) Estimated Cost Financing Mechanism Guarantee Responsible Areas Reimbursement 12" Water Main (3,450 LF) in Avenida Encinas and Temporary Ponto Drive $162,150 Developer Funding Improvement Agreement Lots 1-9, Lot 79 and Area West of Railroad None Water Condition b.(ii) Estimated Cost Financing Mechanism Guarantee Responsible Areas Reimbursement 12" Water Main (4,700 LJ?) and 2-Way Water Meter & PR Station $295,900 Developer Funding Improvement Agreement Area West of Railroad None - Appendix A - Zone 9 Finance Matrix July 6, 1994 Zone 9 finance Pk FACILITY: ADMINISTRATIVE FACILITIES LIBRARY FACILITIES PARK FACILITIES SCHOOL FACILITIES WASTEWATER FACILITIES OPEN SPACE FIRE FINANCIAL GUARANTEE: Participation in CFD via condition of approval of TM Participation in CFD via condition of approval of TM None Required - Park in-lieu fees are possible Participation in CUSD CFD Sewer Connection Fees None Required None Required c - m u .- z 5 c Y k P 0 0 > .- : 3 - - z 2 .- s K B 2 3 Y c .E - 3 4 Lo 0 c 8 c 3 e - U x .- - 2 .- d - - - .- - .- 3 s 2 5 I- 0 Q w z U .- 2 ,= 09 u 0 2 .s 2 33 zg 22 PB 28 ;m :4 E .z ,g g ,2 2 F g '0 .; : 5 8 2.: g $ 6 9 pi E2 5 qE .I: u $ 8 .i 4 Lk 4 Z22i 2 .- I - .- 0, W N E3 .? : U e '2 -A n uz -v Q =,d e)La - e.2 $2; i;l E =! n! Ah 2 Lii b 0 z u W 0 < -N M a X E I 9 W z E: 01 2 0 N z b 4 J 3 V u s E X $ 5 z w 2 m w 2 0 N (0 z t =! v 2 3 - - 5 X E 2 w z 5 E: 0, w z 0 N 8 El - Appendix B - School Agreement July 6, 1994 Zone 9 Rinance Pk < Recording Requested by 1 and when recorded mail to: ) ) Carlsbad Unified School District ) 801 Pine Avenue 1 Carlsbad, CA 92008-2439 1 1 Attention: John Blair 1 Exempt: Government Code Q 6103 Space above this he for Recoraer's use only SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT THIS SCHOOL FACKITIES FUNDING AND MITIGATION AGREEMENT ("Agreement") is made as of hfay SCHOOL DISTRICT ( "School District"), a school district organized and existing under th~ 1994, by and between CARLSBAD UNIFIED -) . laws of the State of California, and KAIZA PONSE?TIA CORPORATION, a CaIifomia Corporation ( "Landowner"). WITNESSETH: I WHEREAS, Landowner is the owner of the undeveIoped property described in Exh A and depicted in Exhibit B hereto ( "Property") which Landowner proposes to develop fol .. D b residential uses w e 223 i P ("Proposed Development"); and WHEREAS, the City of Carlsbad ("City") adopted and included in the public facilitir element of the City General Plan the requirement that its City Council and Planning Commission shall not grant approval of any additional development unless the City finds tha all necessary public facilities will exist as such development occurs, as required by the City General Plan (including its Ggrowth %management Ppian) which requires assured CUSD Mitigation Agreement No. 94-1 Kaiza Pomnsettia Corporation X4?1G .J2lW-UdudM2 -1- BMW&GIAB ~~103 \ availability of School Facilities (as hereinafter defined) of the School District; and WHEREAS, Landowner is seeking approval to develop the Property for the hpos Development by the City, which Proposed Development may hereafter be revised; and WHEREAS, the School District, subject to receipt of funds pursuant to this Agreemr intends to provide School Facilities for the Proposed Development and has formed a community facilities district ("CFD No. 3"), and is amenable to annexing the Property, pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Al to fund such School Facilities for the development of the Property ; and WHEREAS, School District and the Landowner intend that funding for School Facilities required to serve students residing within the Property shall be provided on a time . basis by means of financing by CFD No. 3 or the Mitigation Payments (as hereinafter defin as provided in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions herein set forth, t School District and the Landowner DO HEREBY AGREE AS FOLLOWS: I 1. Definitions. As used in this Agreement, all capitalized terms shall hav the meanings set forth in Section A of Exhibit "C" or the following meanings, whichever is applicable. "Annexation" means the annexation of the Property to CFD No. 3 as provideu under Section 53339, et seq., of the Act. "CFD No. 3" means the community facilities district formed by the School District pursuant to the Act and known by that name. "City" means the City of Carlsbad, California. "City General Plan" means the general plan of the City adopted pursuant to CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation w01!.10 . J!?l/pJ * w Dnn 2 SAKW&G/ABS~~I .03 -2- \ Section 65300 et seq. of the Government Code and each mandatory and optional element thereof. "Completion of Annexation to CFD No. 3" shall be deemed to have occunt upon the occurrence of all of the following: (i) the annexation of the Property to CFD Nc including the authorization for the levy by CFD No. 3 of the Special Taxes and the authorization of the issuance of Bonds; (ii) the approval by the qualified electors of CFD 3 of the levy of the Special Taxes and the issuance of the Bonds, (iG) the expiration of & statute4 of limitations provided in Section 53359 of the Act, and (v) the effective date of th first applicable validating legislation by the State of California. "Credit Funds" means the fair share of the following, as reasonably determir by School District to be allocable to the Property: (9 ny and all funds, reductions in liabilities or consideration in lieu of funds, received by School District from the State after the date of ti Agreement for funding of School Facilities for new development, including the developmen 1 the Property, other than funds received for modernization or reconstruction of existing llSch Faciii ties of the School District; €The proceeds of any certificates of participation (no1 relating to use of the Special Taxes of CFD No. 3 for making any related Lease Payments) received after the date of the Agreement for permanent financing of additional School Facilities for new development, general obligation bonds issued by the School District after I date of this Agreement for the acquisition or the construction of additional School Facilities new development in the School District or any other local financing described in paragraph ( of Section 2.4 of this-Agreement; and CUSD Mitigation Agreement No. 94-1 Kaiza Pomsettia Corporation BAKWBGIABhIdT38103 yyz to . snim - wi-d ~nn 2 -3- , (iii) iIf, notwithstanding the pr~vhions of this Agreement to the contrary, the School District, State, County, City or ar other agency are mandated or permitted by future iegislation to impose and collect any fee l charge, however denominated, for the financing of School Facilities for development of th Property, the amount of any such fee or charge so collected. The fair share determination of Credit Funds made by School District shall include consideration of the number of dwelling units approved for the - Proposed Development in relation to the number of future dwelling units provided for in the City General Plan and reasonably anticipated to be developed within thirty (30) years from the date of this Agreement. indebtedness under the preceding clause (ii) shall not include any allocation of the proceeds I a GO Bond Proposition requiring payments in the amount of $600 per dwelling unit or less, because credit in such amount of $600 per dwelling unit already has been used by School District in calculating the Special Taxes described in Exhibit "C". Any such determination shall ecm-kk~ the methodology set forth in Exhibit "Dl' to this Agreement. - The fair share determination by School District as to future local bonded I "GO Bond Proposition" means any local ballot proposition presented to and approved by the electorate of the School District after the date of this Agreement authorizing the School District to issue general obligation bonds on a district-wide basis. "Landscaping and Lighting Act of 1972" means the part known by that title an( set forth at Section 2.2500 9. seq. of the Streets and Highways Code. "Lease Payments" means payments made under a lease agreement relative to thc financing of School Facilities of CFD No. 3 by reason of the issuance of certificates of CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKWltC2ABI~mm8103 ?a42.10 .J"7.94 - - m 2 -1- participation by the School District. "Lease-Purchase Law" means the Leroy F. Greene State School Building Lei Purchase Law, set forth at Title 1, Division 10, Chapter 22 of the California Education Co, (commencing with Section 17700) and all standards and regulations adopted by appropriate State agencies in the implementation of such law. "Mitigation Payment" means a payment to be made 2.3 prior to the issuance of each residential building permit in the amount of $6616 for a Single Family Detached Unit and $5295 for a Multi-Family Unit, which amounts shall increase by 3% per Fiscal Year commencing July 1, 1994, and each July 1 thereafter throug "Poinsettia Shores Master Plan" means the master plan adopted by the City an 4 known by that name. "Proceeds" means the proceeds of the Bonds of CFD No. 3 including certificates of participation where the Lease Payments are to be funded by the Special Taxes CFD No. 3 and investment earnings thereon. It Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi- legislative, quasi-judicial or ministerial in nature including no the adoption, amendment, approval or issuance of any general plan, specific plan, master plan, zoning CUSD Mitigation Agreement No. 93-1 Kaiza Poinsettia Corporation BAKwacIAgiamt a 3x2 10 .527/p1 . RcdlI5d M 2 - j- ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final par map, variance, conditional use permit, site pian, plot plan, development plan, annexation, public utility connection, building permit and certificate of occupancy. "School Facilities" means the construction and/or financing of certain public capital school facilities consisting of elementary, middle and high school facilities (grades kindergarten through 12) or increments thereof, including central support, administration an special education facilities, to serve needs created by development within the boundaries of CFD No. 3 including the Property. "Single Payment Special Tax" means the - * Special Taxes as provided herein under Section F.l of Exhibit 'IC". Landowner may elect to prepay the Sin . Payment Special Taxes prior to issuance of a building permit for such dwelling unit within the Property. "Special Tax" or "Special Taxes" means the "Annual Maximum Special Tax" defined in Exhibit "C" including any whole or partial prepayment thereof as provided in Section F of Exhibit 'IC". I "State" means the State of Cdifornia. State Aid Consultanttt means an architectural firm or other consultant of It recognized experience in applying for and obtaining funds from the State of California for school construction costs pursuant to the Lease-Purchase Law and other available similar programs. "Zone 9 Local Facilities Management Plan and Financing Plan" means the plan adopted by the City and known by that name. Ill CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corpoman EJAKW~G/A.B/ap738l.CD 3342.10 . Xi& - kcdud Lhf~ 2 -6- 2. Mitigation of School Facilities Impacts. 2.1 Annexation of the Property to CFD No. 3. At the earliest practxable date, School District shall initiate proceedings for the Annexation of the PropeI w-€FQ>k. 3. Landowner agrees to participate and exec all documents reasonably requested by School District and required for Annexation &&e $ I'C:". Annexation of the Property shall be or basis of and not exceeding the parameters set forth in Exhibit "C" with respect to the rate method of apportionment of Special Taxes. .. 2.2 CFD No. 3 Limitations. CFD No. 3 shall be authorized only finance the School Fachties and shall not be authorized at any time to finance any other ty of facilities or my services . CFD No. 3 shall not levy or collect any special ti exceeding the Special Taxes set forth in Exhibit "C". . 2.3 Prohibition of Additional Mitigation. Provided Landowner is compliance with the provisions of this Agreement, Landowner, and its respective successor: and assigns, shall be deemed to have fulfilled and mitigated their entire obligation to assist i financing School Facilities to serve the student population to be generated by the developm of the Property, upon the occurrence of the eCompletion of the annexation - CFD No. 3, or the payment of the Mitigation Payments. Payment of the Mitigation Payme shall be required only if the School District approves the Annexation of the Property to CFI No. 3 and the authorization of the Special Taxes and Bonds prior to the time when residenti. building permits are requested by Landowner and Landowner: (i) protests such proceedings, (ii) fails to vote at an election thereon, (iii) votes "no" in such election for the Annexation e &&%qe#y, the Bonds or Special Taxes of CFD No. 3. This Agreement shall be deemed t 1 CUSD Mitigation Agreement No. 93-1 Kaiza Poinsettia Corporation BhhWbGiAw.rpmsl03 3x2 10 .517m . w Dnn 2 -7- satisfy any and all present and future requirements and conditions of the entitlements fo; th development of the Property, inciuaing conditions of the Poinsettia Shores Master Plan. Zc 9 Local Facilities Management Plan and Financing Plan and the City General Plan. As a result, the School District hereby covenants that it will not under any circumstances at my time: (a) exercise any power or authority (under Section 53080 ( the California Government Code or any other provision of applicable law) to levy a fee, charge, dedication, or other form of requirement against any Project (inchain: any Senior Citizen Housing but excluding any Commercial/Industnal Property development) undertaken within the boundaries of the Property for the purpose of funding or financing any School Facilities. If a Senior Citizen Housing dwelling un converted to other use, it shall be subject to the Special Tax for a period of thirty (3 years from the date of such conversion. @) require the City or any other governmental entity to 6 exercise, or cooperate with the City or any other governmental entity in the exercise of, the power under Title 7, Division 1, Chapter 4.7 of the California Government Code (commencing with Section 65970) or any other provision of applicable law, to require the dedication of land, the payment of fees in 'lieu thereof, or both for classroom or related facilities as a condition to the approval of a residential Project (including any Senior Citizen Housing but excluding any Commercial/Industnal projc within the boundaries of the Property; (c) oppose any m Project for residential puqwses on the Property on the basis of inadequate School Facilities or CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKWBGIABI.~~BI m m2.10 . S?7M . Rdud Dnn 2 -8- seek other forms of mitigation for any Project (including Senior Citizen Housing) \ respect to the adequacy of School Facilities, including, but not limited to, the establishment of developer fees, the payment of any money by the Landowner (regardless of how denominated or labelled), or the dedication of land permitted by present or future State law, rulings, regulations and court decisions if the proceeds c such fees, assessments or requirements will be used to finance or fund any School Facilities; or - (d) issue bonds, except the herein described Bonds, or incu any other form of indebtedness, payable from taxes or assessments of any kind (othe than the School District's portion of the existing ad valorem property taxes) levied 0, any property within the boundaries of CFD No. 3, the proceeds of which are to be used in whole or in part, directly or indirectly, for funding or financing the W School Facilities. The limitations contained in this clause (d) shall not be applicable t any (i) general obligation bonds, (ii) bonds of a community facilities district formed under the Act or other local financing, which may be approved by the registered vote within the boundaries of the School District and including the entire School District, ( (iii) assessments pursuant to the Landscaping and Lighting Act of 1972, or other assessment proceedings available to the School District, providing for an assessment district encompassing the entire School District. 1 2.5 Other Properties. In order to equalize treatment of landowners seeking to develop within the School District's boundaries, School District agrees to use its best efforts to enter into agreements comparable to this Agreement (the "Other Agreements") with the owners of other properties (the "Other Owners") within the School District in order CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation eaw&cimiami .m W2.IO .J17Bd ~ lkdlmd M 2 -9- to obhn finand commitments for School Facilities from them at least qual to the commitments made by the Landowner in this Agreement; provided, however, that if, notwithstanding the use of such best efforts, School District is unable to enter into any suck Other Agreements with the Other Owners, such inability shall not constitute a breach of thi Agreement. Notwithstanding anything in this Agreement to the contrary, it is agreed that n Other Agreements shall be more favorable to any Other Owners than this Agreement is to Landowner. In the event School District enters into any Other Agreement after the date oi this Agreement, School District shall give notice to Landowner of such Other Agreement b providing Landowner with a copy of such Other Agreement in the manner provided in Section 5.6 herein concurrently when School District records such Other Agreement with thc office of the County Recorder of the County of San Diego. If any Other Agreement contair provisions of a financial or legal nature which are materially more favorable than those contained in this Agreement, School District shall promptly amend, upon request of Landowner, this Agreement to incorporate such more favorable provisions. The effective cia of any such amendment to this Agreement shall be the effective date of the Other Agreement(s) containing such more favorable provisions. I 2.6 Covenant to Construct School Facilities and Serve Students. Provided sufficient funds are received pursuant to this Agreement, the School District covenanqs for the benefit of Landowner and any persons owning Residential Property within the Property that School District will use its best efforts to acquire or construct School Facilities sufficient to serve the students generated from development within the Property. 2.7 Disclosure of SDecial Tax. Landowner hereby covenants to the School District that Landowner shall provide, or by contract with any developer or merchant CUSD Mitigation Agreement No. 94-1 Kaiza Poutsettia Corporation U! IO .5?7N - LdIlEd Drift 2 BAhW&GlhB~~mrT)slo) - 10- builder of any part of the Property require to be provided the “Notice of Special Tax” reqi by Section 53341.5 of the Act or any similar successor statute. Landowner expressly acknowledges that the School District and CFD No. 3 shall have no duty or obligation anc shall incur no liability, jointly or severally, with respect to the foregoing covenant of the Landowner. 2.8 Indemnification Regarding Disclosure. Landowner shall assu the defense of, indemnify and hold harmless the School District and CFD No. 3 and each ( their officers, employees and agents from and against any and all actions, damages, dims, losses, expenses or liability arising from, or related to, Landowner’s covenant and obligatic to disclose the Special Tax as provided under Section 2.7 of this Agreement or arising from any information set forth in any official statement with respect to any of the Bonds to the extent Landowner has furnished such information and has expressly approved in writing the inclusion of such information in such official statement. 3. State Funds. 1 3.1 State Aid ADDlication. School District shall apply for and utili; its best efforts to obtain approval of any State funding for School Facilities that may become available to School District under the Lease-Purchase Law or any other State law. Subject tt the School District’s obligations contained herein, Owner acknowledges that the risk of deniz of any such application by the State shall be borne by Landowner and by other payers of the Speciai Taxes within CFD No. 3 and shall not be a basis to lodge a protest of any Special Taxes payable or to file a claim for the recovery of any Special Taxes paid. The fees and charges of any State Aid Consultant reasonably incurred in efforts to obtain State funding for the School Facilities may be included in the Administrative Expenses for which the Speciai CUSD Mitigation Agreement No. 94-1 Kaiza Pomsettia Corporation BAKWIGI.4BBIa~lo) rnWz.IO .527l94 ~ RD5iud Dnn 2 -11- Taxes of CFD No. 3 may be levied each Fiscal Year. 3.2 ADDlication of Credit Funds. Landowner and School Districi agree that, to the extent legally permissible, the Property’s share of any Credit Funds rece by the School District, as reasonably determined by the School District, shall be applied tc or reduce the Special Taxes levied on the Property and remaining unpaid. 4. Bindinp on Community Facilities District. CFD No. 3 shall b a pi to this Agreement, and all provisions hereof which apply to the School District shall also a to CFD No. 3. The Board shall cause to be executed such documents as may reasonably t required to confirm that CFD No. 3 is bound by this Agreement., and copies of such documents shall be provided Landowner. The Board, acting as the legislative body of CFI No. 3, shall perform all parts of this Agreement which require performance on the part of CFD No. 3. . 5. General Provisions, 5.1 Successors. All of the covenants, stipulations, promises and 4 agreements contained in this Agreement by or on behalf of, or for the benefit of, any of thr parties hereto, shall bind and inure to the benefit of the successors of the respective parties , 5.2 Assionment. (a> No sale, transfer or assignmeni of any right or interest under this Agreement shall be made unless made together wit1 the sale, transfer or assignment of all or a part of the Property. @> Concurrent with any such sale, transfer or assignment, or within thirty (30) days thereafter, Landowner shall notify the School District, in writing, of such sale, transfer or assignment and shall provide CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAUWAGIMI~J~~~~~ .Q3 M.4210 - 5R7r94 - Rnihvi DnA 1 - 12- School District with an executed agreement, in a form reasonably acceptable to Sc District, by the purchaser. transfer or assignee by which the purchaser, transferee assignee expressiy and unconditionally assumes all duties and obligations of Land01 in this Agreement with respect to the Property or part thereof conveyed. (4 Any sale, transfer assignment not made in stnct compliance with paragraph (b) of this Section 5.2@) constitute a default by the seller, transferor or assignor under this Agreement; provided, however, such default may be cured at any time by the purchaser, transit or assignee executing an agreement pursuant to paragraph (b) of this Section 5.2 an1 such default shall affect the rights under this Agreement of any other owner of any of the Property. Notwithstanding the failure of any purchaser, transferee or assigne to execute the agreement required by paragraph (b) of this Section 5.2, the burdens this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 1 5.3 Amendment and Waiver. This Agreement shall be amended oL by a written instrument executed by the parties hereto or their respective successors and assignees. All ~aivers of this Agreement must be in writing and signed by the appropriate authorities of the parties hereto. 5.4 Severability. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality 01 enforceability of the remaining ponions hereof shall not, in any way, be affected or impairec thereby. - - CUSD hlitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BMW&GlA&mdlXl.U3 Wl2 IO .527;pJ . bjhEi M 2 -13- 5.5 InteEration. This Agreement supersedes any and all other agreements, either oral or in wnting, between the parties with respect to the subject matter this Agreement. 5.6 Notices, Demands and Communication. Formal notices, dem; and communications between the School District and Landowner hereunder shall be sufficiently given if (i) personally delivered, (ii) mailed by registered or certified mail, psi prepaid, return receipt requested, or (iii) delivered by Federal Express or other reliable pnv express delivery service to the principal offices of the School District or Landowner, as set forth below. Such wntten notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Such notices demands or communications shall be deemed receive upon delivery if personally served, or upon the expiration of three (3) business days if given by other approved means as specified above. - - . If to the School District: Carlsbad Unified School District 801 Pine Avenue Carlsbad, CA 92008-2439 # with a copy to: Alexander Bowie, Esq. Bowie, Arneson, Kadi, Wiles Br. Giannone 4920 Campus Drive, Suite A Newport Beach, CA 92660 Kaiza Poinsettia Corporation 7220 Avenida Encinas, Suite 200 Carlsbad, CA 92009 Pillsbury, Madison & Sutro 101 W. Broadway, Suite 1200 San Diego, CA 92101 Attn: William A. Reavey, Esq. If to the Landowner: With a copy to: 5.7 Arbitration. Any controversy or claim arising out of or relating tl CUSD h.iitzgation Agreement No. 94-1 Kaiza Potnsettla Corporation BAKW~G~ABIS~I a 3042 IO .5/27!94 . w rn 2 -14- this Agreement, or breach thereof shall be settled by binding arbitration in San Diego Co in accordance with the rules of the American Arbitration Association and judgment upon award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 5.8 Attorney’ Fees. In any litigation or arbitration arising out ( breach of this Agreement by any party, the prevailing party in such arbitration or litigatio addition to any other relief which may be granted, whether legal or equitable, shall be ent to recover reasonable attorneys’ fees and all other reasonable costs incurred in such arbiu or litigation and allowed by the arbitrator or court. 5.9 Interpretation. The terms of this Agreement, including all Exhibits hereto, shall not be construed for or against any party by reason of the authorshi1 this Agreement, but shall be construed in accordance with the meaning of the language us( The Section headings are for purposes of convenience only, and shall not be construed to 1 or extend the meaning of this Agreement. 5.10 Force Ma-ieure. The obligations of any party under this I Agreement, and all deadlines by which any party’s obligations hereunder must be performe shall be excused or extended for a period of time equal to any prevention, delay or stoppag performance which is attributable to any strike, lock-out or other labor or industrial disturbance, civil disturbance, act of a public enemy, war, riot, sabotage, blockade, embar; Iightnmg, earthquake, fire, storm, hurricane, tornado, flood, , explosion, court injunction, moratorium on any necessary public utilities 5.11 Certification. This Agreement or a notice describing thc CUSD Mitigation Agreement No. 94-1 Kana Poinsettia Corporation W? 10 . sc7m . RdUd Dnn 2 BAKwBGIABI*ldTYII .m -15- existence of this Agreement and the Property may be recorded by Landowner or by the District. The parties hereby agree to execute such documents as may be needed to give su( notice. Any existing monetary encumbrances o options in favor of non-governmental agencies or entities shall be subordinated to this Agreement prior to School District certifying to City the availability of School Facilities foi the Property. t Promptly upon receipt of confirmation of such subordination, School District shall provide to Landowner written certification, in a form acceptable to Landowner and City, that all requirements of the Schoc District with respect to mitigation of all school impacts from the development of the Propel will be satisfied upon performance of the terms of this Agreement. Provided Landowner is compliance with this Agrement, School District shall promptly provide to City the certification required pursuant to Section 53080@) of Government Code, or similar successo~ law, with respect t Property I any building permit required for development of the 5.12 Execution. This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. 5.13 Mutual CooDeration. Each party to this Agreement agrees to cooperate with the others, to act in good faith, to sign any other and further documents, and perform such other acts, as may be reasonably necessary or proper in order to accomplish the intent of this Agreement. No party shall do anything which shall have the effect of harming CUSD Mitigation Agreement No. 93-1 Kaiza Pomsettia Corporation BMW&G~AB~WOXI m jar2 IO . J121W. ILdw ban 2 - 16- or injuring the right of any other party to receive the benefits of this Agreement. The pan shall refrain from doing anything which would render their performance under this Agreen impossible or impractical. 5.14. No Third Partv Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assig No other person or entity shall have any right of action based on any provision of this Agreement. 5.15 Exhibits. All Exhibits attached hereto are incorporated into th Agreement by reference. IN WITNESS WHEREOF, the parties hereto have executed this School FaciIities Funding and Mitigation Agreement on the day and year first above written. CARLSBAD UNIFIED SCHOOL DISTRICT 1 By: Superintendent CUSD Mitigatron Agreement No. 94-1 Kaiza Poinsettla Corporatlon B~WlGiABirrniz1BI .03 -17- 3x2 10 527494 - w rxln 2 APPROVED AS TO FORM: BOWIE, ARNESON, UDI, Legal Counsel - Carlsbad Unified School District WILES & GIANNONE BY KAIZA POINSETTIA CORPORATION, a California corpo~ By: Nonko Saga, President 1 - -. CUSD Mitigation Agreement KO. 94-1 Kaiza Pomsettia Corporation :a2 IO . ~2719.1 - mu M 2 BhKWAC/AB/iidTJBI 03 -18- EXHIBIT A LEGAL DESCRIPTION - - I CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKW&GfABI.dl38103 jo12.10 . 5<?1!94 . Rnilrpcd Dnn 2 A- 1 EXHIBIT B MAP OF PROPERTY 4 - CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation B- 1 BAKW&GIMIa~l.O3 3012.10 . JR719J - IkdUIrd Dnn 2 EXHIBIT C RATE AND METHOD OF APPORTIOh3lENT OF SPECIAL TAX COMMLTNITY FACILITIES DISTRICT NO. 3 CARLSBADUlYIFIED SCHOOL DISTRICT This Rate and Method of Apportionment of this Special Tax sets forth the special ta applicable to each Assessor's Parcel within Community Facilities District No. 3 ("CFD special tax liability determined by the Board of Trustees of the Carlsbad Unified Schooi District (the "School District"), acting as the Legislative Body of CFD No. 3. The appiica Annual hlaximum Special Tax shall be determined pursuant to the application of the Property within CFD No. 3, unless exempted by law, or the provisions of Section E, belot shall be subject to the applicable Annual Maximum Special Tax levied and collected to the extent and in the manner herein provided. No, 3") of the Carlsbad Unified School District to be levied and collected according to the appropriate amount or rate for "Developed Property", as described below. All Developed This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 3 to estimate the Annual Maximum Special Tax tc annually levied and collected, or prepaid, as the case may be, with regard to property withj CFD No. 3. A. Def~tions IIAct" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 533 11) of Division 2 of Title 5 df the Calif0 Government Code. "Administrative Expense" means any costs incurred by the School District on behd of CFD No. 3 related to the determination of the amount of the annual levy of the Annual Maximum Special Tax, the collection of the Annual Maximum Special Tax, administration of the Bonds of CFD No. 3, and the other costs incurred in order to carry out the authorized purposes of CFD No. 3. "Annual Maximum Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel classified as Develop( Property for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the S Diego County Assessor which has been assigned a discrete identifying parcel number "Board" means the Board of Trustees of the Carlsbad Unified School District. CUSD Mitigation Agreement No. 94-1 Kaiza Pomsettia Corporation BAKWIGIAB/.~~T~~I m w2 IO .5,?7l% - Redd Dnn 2 c- 1 . -, "Bonds" means the bonds, or equivalent secunties, including, but not limired to, certificates of participation or leases, of CFD No. 3 issued and sold to finance the Facilities. "Bond Indenture" means the Bond Indenture, Trust Agreement or equivalent document, approved, and/or entered into, by CFD No. 3 providing for the issuance sale of Bonds, as the same may be amended or supplemented from time to time. " CommerciaYIndustrial Property" means property zoned for commercialiindustnd uses or other non-residential uses. "Developed Property" means for any Fiscal year all Taxable Property for which a foundation building permit for Residential Property was issued prior to hlay 1 preceding the Fiscal Year in which the Annual Maximum Special Tax is being levier "Facilities" means the school facilities as may be identified in the Community Facilities District Report prepared for CFD No. 3 on file in the Office of the Clerk c the Board or such other facilities to be financed by CFD No. 3 pursuant to the Act. "Fiscal Year" means the period starting on July 1st and ending the following June 30th. "Lnitial Fiscal Year" applies only to Developed Property and means the first Fiscal Year in which the Annual Maximum Special Tax will be apportioned and levied on a: Assessor's Parcel. "Land Use Class" means any of the classes of Developed Property listed in Table 1 below. "Multi-Family Unit"or "Attached Dwelling Unit" means all Developed Property otl than Single Family Detached Units, which includes, but shall not be limited to, apartments available for rental by the general public, condominiums as defined in CiL Code Section 1351, or a structure or structures made up of two or more units that share common walls that is to be developed or is developed for residential use. "Residential Property" means all property within CFD No. 3 classified as either a Single Family Detached Unit or Multi-Family Unit. 4 "Senior Citizen Housing" means any senior citizen housing, residential care facilities for the elderly, or multilevel facilities for the elderly meeting the definitions Set forth in Government Code Section 65995.1 or a successor section thereto. "Single Family Detached Unit" means Developed Property which contains a structurt of one dwelling unit that is to be developed or is developed for residential use. CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BhhWBGIABI~id73gl.03 m2.10 . 5,:7!94 . Fkiilrd Dnfl 2 c-2 c C "Taxable Property" means all Assessor's Parcels within the boundaries ol CFD No. which' are not exempt from the Annual Maximurn Special Tax pursuant to the Act an the provisions of Section E. herein. "Undeveioped Property" means all Taxable Property in CFD No. 3 not classified a! Developed Property. Assignment to Land Use Categories As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 3 shall be categorized as Developed Property or Undeveloped Property. Developed Property shall be subject to an Annual Maxirnurr Special Tax pursuant to Sections C. and D. below. For purposes of determining the applicable Annual Maximum Special Tax for each Assessor's Parcel of Developed Property, all Developed Property shall be assigned tc Land Use Class designated in Table 1 below. Single Family Detached Units shall br assigned to Land Use Class 1. Multi-family Units shall be assigned to Land Use Cla 2. B. . C. Annual Maximum Special Tax 1. Developed Property The Annual Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the amount determined by reference to Table 1 ; the paragraphs that follow Table 1. I Table 1 Annual Maximum Special Tax Rates for Developed Property (For the Fiscal Year 1993-94) Annual Maxirnu Land Use Class Land Use Descrktion Tax Per Unit (1 1 Single Family Detached Unit $637 2 Multi-Family UniUAttached Dwelling Unit $5 10 In determining the Annual Maximum Special Tax which may be levied in an Fiscal Year, on July 1, 1994, and on each July 1 thereafter, the Annual Maximum Special Tax shall be increased by an amount equal to 3% of the amount in effect for the previous Fiscal Year, until July 1, 2008. After July 1, 2008, no further escalation of the Annual Maximum Special Tax sha occur. - - CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BA~WAG~AE~~~~~I m w2.10 . 527m - Rdhd onn 2 c-3 In each Fiscal Year in which an Assessor’s Parcel is initially categorized as Developed Property, the Annual Maximum Special Tax for such Assessor’s Parcel, for the Initial Fiscal Year and for each Fiscal Year thereafter, shall bc fixed and shall thereafter not be subject to any further escalation of the Annu: Maximum Special Tax as described in the paragraph above. -. 3 Undeveloped Property The Board shall not impose any Annual Maximum Special Tax on Undevelop Property. D. hfethod of Apportionment of the Special Tax Commencing with Fiscal year 1994-95, and each Fiscal-?ear thereafter, the Board s determine the Annual Maximum Special Tax to be collected from Taxable Property CFD No. 3. The Board may levy the Annual Maximum Special Tax on all Assessoi Land Use Classes 1 and 2. - Parcels of Development Propeny by levying the Annual Maximum Special Tax for E. Limitations The Board shall not levy an Annual Maximum Special Tax on properties owned by t State of California, federal or other local governments, except as otherwise provided Sections 53317.3 and 53317.5 of the Act. Developed Property which becomes the property of the State of California, the federal government or other public agency afi being categorized as Developed Property is liable for the Annual Maximum Special r levied in the Fiscal Year during which such transfer occurs and will be subject to the Annual Maximum Special Tax in each Fiscal Year thereafter under the driginal Land Use Class for such Assessor’s Parcel. Such Assessor’s Parcel may be exempted, at the direction, and in the discretion, of the Board in any Fiscal Year. NO Annual Maximum Special Tax shall be levied on Senior Citizen Housing or on CommerciaUIndustrial Property within CFD No. 3. Prepayment of the Annual Maximum Special Tax Any owner of Developed Property within CFD No. 3 may discharge the Annual Maximum Special Tax obligation in full or in part, by making payment pursuant to t applicable Sections F. 1. or F. 2 as follows: Upon the Issuance of a Building Permit , F. 1. At the time of issuance of a building permit for a Single Family Detached Unit or a Multi- Family Unit, the owner of such a Single Family Detached Unit or a Multi-Family Unit may prepay the Annual Maximum Special Tax in full or in part by makmg a cash payment to C CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation 8AKw&G/AB,lml .a m2.10 f 5L!7!94 - lMd Dnn 2 c-4 No. 3, in which case the Annual hlaximum Special Tax for the Initial Fiscal Year, and eac Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Annual hlaximum Special Tax in entirety. For building permits issued prior July 1, 1994, the maximum prepayment for a Single Family Detached Unit i $6,616 and a Multi-Family Unit is $5,295. For building permits issued on ( subsequent to July 1, 1994, the maximum prepayment shall increase by 3% 1 annum, commencing July 1, 1994, and each July 1 thereafter until July 1, 2( upon which date the maximum prepayment shall be fixed and shall not thereafter increase. b. Determine the Single Family Detached Unit’s or Multi-Family Unit’s revised Annual Maximum Special Tax by multiplying the Single Family Detached Unit’s or Multi-Family Unit’s applicable Annual Maximum Specia Tax for the Initial Fiscal Year determined pursuant to Section C.l. by (one minus the quotient obtained by dividing the cash payment made by the owne pursuant to this Section F.1.b. by the maximum prepayment obligation determined pursuant to Section F. I .a). The Single Family Detached Unit’s Multi-Family Unit’s revised Annual Maximum Special Tax for the Initial Fi. Year, and each Fiscal Year thereafter, shall be the Annual Maximum Specia Tax for the Single Family Detached Unit or Multi-Family Unit for purposes Sections C. and D. herein. -. 9 After the time a building permit has been issued for a Single Family Detached Unit or a ?VI Family Unit, and prior to May 1 for the next succeeding Fiscal Year, the ownek of such Single Family-Detached Unit or a Multi-Family Unit’s Parcel may prepay the Annual hiaximum Special Tax in full or in part by making a cash payment to CFD No. 3, in whic case the Annual Maximum Special Tax for the applicable Fiscal Year, and each Fiscal Ye; thereafter, shall be reduced according to the following steps: After the Issuance of a Building Permit a. Compute the present value of the Annual Maximurn Special Tax at the weighted average coupon rate of the outstanding Bonds, or 7% if no Bonds have be - issued by CFD No. 3 at the time of this calculation, using a period equal to the lesi of the remaining term for which Annual Maximum Special Tax may be levied on SI Developed Property or the remaining term of all outstanding Bonds; then b. Multiply the amount determined in Section F.2.a; above, by the owner’s de: prepayment percentage (which shall be a minimum of twenty percent (20%) of thc present value of the total Annual Maximum Special Tax) to determine the prepaymr amount subject to additional adjustments as specified below; then C. Add the following to the result of Section F.2.b.: CUSD Mitigation Agreement No. 94-1 Kaiza Pomsettia Corporation BAKWBGIAB~.~~ .m 3410 527/9j--Onn2 c-5 i) ii) Call premium as may be required in the Bond Indenture; Bond interest on the amount determmed in Section F.2.b., above, at applicable weighted average interest rate on the Bonds issued and outstanding, if any, to the next available Bond call date or 7% to a maximum of ten (10) years if no Bonds have been issued by CFD N at such time; Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor’s tax roll; and a $75 administrative charge per Single Family Dwelling Unit or Multi-Family Unit; then iii) iv) d. Subtract the following from the result of Section E.2.c.: i) Such Developed Property’s pro rata share of the bond reserve fund allowance, computed at the rate used in establishing the reserve fund outstanding Bonds, if applicable. Such Developed Property’s pro ra share of the bond reserve fund shall be determined by multiplying th rate used in establishing the reserve fund by the quotient obtained b} dividing such Developed Property’s Annual Maximum Special Tax t the total Annual Maximurn Special Tax for all Assessor’s Parcels classified as Developed Property within CFD No. 3 for which such Section F.2.b. is less than 100%, such Developed Property’s pro rat share of the reserve fund shall be multiplied by the prepayment percentage to determine the applicable portion of reserve fund allow, Bond(s) were issued, In cases where the prepayment percentage in e. owner’s cash payment required to be made to CFD No. 3: Subtract the following from the result of Section F.2.d. to determine the 1 i) The interest earnings expected to be generated from the proceeds in Section F.2.d. taking into account the disbursement requirements of proceeds at the reinvestment rate as determined by the CFD No. 3 f the date of discharge to the next available Bond call date, if applicat e. The Annual Maximum Special Tax applicable to such Developed Property utilizing a prepayment percentage less than 100% percent shall be revised in the Fi Year following the date of prepayment by multiplying such Developed Property’s Annual Maximum Special Tax by the prepayment percentage actually determined i Section F.2.b. Such Developed Property’s revised Annual Maximum Special Tax the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, be the Annual Maximum Special Tax for such Developed Property for purposes o Sections C. and D. herein. G. Manner of Collection CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation EAKW&GlAB/~~I .03 m2.10 . m7m - lMLDld Dnn 2 C-6 6 c The Annual hfaximum Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Annual h4axirnum Spec Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collec of the Annual Maximum Special Tax shall otherwise be subject to the provisions of Act. The Board reserves the power to provide for alternative means of collection o special taxes as permitted by the Act. Termination of Annual hlaxirnurn Special Tax Levy Provided that Special Taxes previously levied on an Assessor’s Parcel are not delinquent, the lien of special taxes of CFD No. 3 shall terminate as to such Assess Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the 11 Fiscal Year for such Assessor’s Parcel. Furthermore, provided an owner within C No. 3 fully and completely discharges their special tax obligation pursuant to Sectic F. 1 and/or F.2, the lien of special taxes of CFD No. 3 shall terminate. Pursuant to Section 53330.5 of the Act, the Board shall, upon witten request, caw be recorded in the official records of San Diego County a Notice of Cessation of Special Tax Lien for each Assessor’s Parcel upon termination of the lien on such Assessor’s Parcel. H. I. Review/Appeal Board The Board shall establish, as part of the proceedings and administration of CFD No a special Review/Appeal Board. Any landowner who feels that the amount of the Annual Maximum Special Tax, as to their Assessor’s Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. ‘ The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the spf tax and any landowner appeals, as herein specified. CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation BAKW&G/AB/~J~~SI OY U2.10 . SRlW . R.diurd Onn 2 c-7 c 4. EXHIBIT "Dl' METHODOLOGY OF FAIR SHARE DETERMINATION BY SCHOOL DISTRIC AS TO FUTURE LOCAL BONDED INDEBTEDNESS . . . . . . . -. - CUSD Mitigation Agreement No. 94-1 Kaiza Poinsettia Corporation Yu2.IO - 5/27/94 - kdlimi LhR 2 BAKVf&GlM/~:flI .a D- 1 L - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On , before me, personally appeared (here insert name and title of the officer) personally known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) LO to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare 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 signatures(s) on the instrument the person(s), or the entity upmof which the person(s) acte executed the instrument. WITNESS my hand and official seal. Signature Notary Public 4 CUSD Mitigation Agreement No. 94-1 Kaka Poinsettia Corporation BAKWBGIAB~~~I m w2.10 ~ sn7m - REiiusd Dnlt 2 c & STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On , before me, personally appeared (here insert name and title of the officer) personally known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) knc to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthe] executed the Same in hislherltheir authorized capacity(ies), and that by hidherltheir signatures($ on the instrument the person(s), or the entity upon of which the person(s) act€ executed the instrument. WlTNESS my hand and official seal. Signature Notary Public 1 - CUSD Mitigation Agreement No. 94-1 Kaiza Pomsettia Corporation BAKWAGIAW~~TMI m 301210 . J.27l9.l - Pdlnd Dnn 2 Fteso;s,-3r, ;,5. ?I RESOLUTIOX OF THE BOARD OF TRVSTEES OF THE C.ARLSBAD UNIFIED SCHOOL DISTRICT ADOPTING SCHOOL FACILITIES FINANCING PLAN FOR MANAGEMENT ZONES 9 AND 20 OF LOCAL FACILITIES MANAGEMENT PLASS OF THE CITY- OF CARLSBAD WHEREAS, the City of Carlsbad ("City") has adopLsd a Public Facilities elenenr ("Public Facilities Element") and other provisions of its _ger,:ral plan ("General Plan"! tozether with Ordinance No. 9808 establishing a Growth Slanasement Program ("GLIP" I City urhich prohibits any further approval of development unless K-12 School Facilities a assured by the Carlsbad Unified School District ('ICUSD") to be available as any such development occurs; and \\:HEREAS, the representatives of various developers and owners of property in Management Zones 9 and 20 of Local Facilities Management Plans of the Cin. have requested or may request that CUSD furnish such assurances to the City as required ty t: GMP and the General Plan. including but not by way of limitation. its Public Facilitis Element; and WHEREAS, Zones 9 and 20 are comprised or will be comprised of one or more separately owned parcels of land. nith each owner having individual and varying development goals and horizons: and WHEREAS, the pending Zone 9 and Zone 20 Specific Plans will provide a framework for future development and a condition of any approval thereof shall be compliance with the Zone 9 and Zone 20 Local Facilities hlanasement Plans as herein specified and the City's General Plan, Public Facilities Elerent and GMP regarding all public facilities, including K-12 School Facilities of CUSD. NOW, THEREFORE. BE IT RESOLVED, DETERITIKED AND ORDERED X FOLLOWS: Section 1. That the Specific Plans for Zones 9 and 20. Local Facilities Plan Amendments and Environmental Impact Reports or other eni.ironmenta1 proceedings ma! approved by the City provided such Local Facilities Plans as amended and approval therc include the condition that no request for any further approLra1 by the City for additional development shall be filed or deemed complete if otherwise filed unless CUSD has funis City with a mutually acceptable mitigation agreement that has been executed by all oiix to which such application applies. [hat such an agreement hss been recorded and any outstanding financial encumbrances have been subordinated ~?f record to such agreem:nL. -1- BAK\i'&G.'AB 'fb'6640.02 - Section 2. That if all owners of a proposed ticvelopment within Zone 9 and Zone h3L.e not executed and implemented a mutually acceptable mitigation agreement as specifi above. no request for any further approval by the City for additional development shall bc filed or deemed complete if otherwise filed unless a community facilities district consister uith attached Exhibit PI. has been formed, voter approved. judicially validated and all applicable statutes of limitations expired and a subsequent legislative validation has becon effective . Section 3. That as a condition hereof and any approval by City, any property in l 9 or Zone 20 for which a tentative tract map was filed with the City prior to November 5 1993. no final maps shall be filed with City unless a mutually acceptable mitigation azreement has been executed with CUSD or the property has been included within a community facilities district consistent with the provisions of the attached Exhibit A. - Section 4. That the Superintendent is authorized to furnish a certified copy of thi! Resolution to City and is authorized to execute mitigation agreements with owners of all procerty in Zone 9 and Zone 20 of City in substantially the form attached as E‘xhibit B. ADOPTED, SIGNED AND APPROVED this 5thday of November. 1993. - CXRLSBAD UNIFIED SCHOOL DISTRICT By ‘A\$& \ DL&-*% Pre identlvice President I By . sA4’ &Jjk I ‘I Clerk APPROVED AS TO FOR??: BOWIE, ARNESON, KADI. Legal Counsel - CUSD b WILES & GIANNONE By -2- BXK’A’&G;XB:fb/6M0:0’ . STATE OF CALIFORNIA ) 1 COCSTY OF SAN DIEGO ) I, J. Edward Swi tzer, Jr. . Clerk of the Board of Trustees of th Carisbad Unified School District, do hereby certify that the foregoing Resolution KO 20. \vas duly adopted by the Board of Trustees of the Carlsbad Unified School District at a meeting thereof held on the 5tnday of November , 1993. and that it was adopted b> the fo 11 owing vote : AYES: Trustees Packard, Mead, McCorrnick, and Switzer. NOES: Rone. ABSTAIN: hone. ABSENT: Trustee Faithful . Dated. Novenber 5, 1993 By 152 /,-&!n- LJ b &k of the Board‘of rustees of the arlsbad Unified Scho 1 istrict - -3- - !34i;\!dG AB’fb 6M 02 STATE OF C.-ILIFORSIA j COUKTY OF SAN DIEGO 1 1 I. J. Eaward Switzer, Jr. . Clerk of the Board of Trustees of thl Carlsbad Unified School Distrrct, do hereby certifj that the foregoing is a true and correc copy of Resolution No. 20-9394, which was duly adopted by the Board of Trustees of thl Carlsbad Unified School District at a meeting thereof held on the 5tbay of Novembe r .I and that the same has not been repealed. amended or rescinded. - Dated: Novemoer 5, 1993 By g-<a)',?r hrk of the Board o T stees of the Carlsbad Unified Sch 01 istrict -4- BAKIV&G XB'lb 6hIO 07 - - Appendix C - Property Owner List Reference Map July 6, I994 Zone 9 lTmnce - Finance Area* Area A Area B Area B Area B Area B Area B Area B Area B Area B Area B Property Ownership** APN Lakeshore Gardens Property 214-171-27 10780 Santa Monica Boulevard 2 14- 171 -28 Los Angeles,CA. 90025 Poinsettia Associates 2 14-430- 14 P.O. Box 6652 2 14-430-22 San Diego, CA 92166 214-430-23 214-430-24 Poinsettia Associates 214-430-18 1018 Rosecrans St. 214-430-21 San Diego, CA 92106 Warren Nichols 214-430- 13 1506 S. Coast Highway Laguna Beach, CA. 92651 9275 SW Peyton Lane Wilsonville, OR. 97070 7 1 10 Avenida Encinas Carlsbad, CA. 92009 1 100 W. Artesia Blvd. Compton, CA. 90220 Calvary Chapel North Coast 7 188 Avenida Encinas Carlsbad, CA. 92009 437 S. Highway 101, #404 Solana Beach, CA. 92075 6272 Silverwood Drive Huntington Beach, CA. 92647 Pay Less Drug Stores Northwest 214-430-15 Pactel Cellular 2 14-430- 16 Ralphs Grocery Company 2 14-430-17 2 14-430- 19 Poinsettia Village LP 2 14-430-20 Bruce Family Trust 214-430-25 .I Area B Moorsteen, Kay 214-430-26 P.O. Box 783 San Diego, CA. 92112 Developed Rosalena Owners Association Inc. 2 16-420-0 1 Area C.l 285 Windrose Circle Developed 77 Single Family Lots 216-012-02 through 216-042-78 Area C. 1 Carlsbad, CA. 92009 - Individually Owned Lots 1-8 Kaiza Poinsettia Corporation 2 16- 140-25 7220 Avenida Encinas, Ste. #200 2 16- 130-27 Carlsbad, CA. 92009 2 16-140-31 2 16- 140-32 2 16- 140-33 2 16-140-35 2 16- 140-36 216-420-82 Lot 9 Seabluff Associates 2 16- 140-30 276 N. El Camino Real Oceanside, CA 92054 2650 Camino Del RIO N., #lo0 San Diego, CA 92108 West of Batiquitos Pointe 2 16- 140- 19 Railroad West of Kaka Poinsettia Corporation 2 16- 140- 17 Railroad 7220 Avenida Encinas, Ste. #200 2 16- 140-1 8 Carlsbad, CA. 92009 Sammis, 947 N. La Cienega Blvd., Suite H, Los Angeles, CA 90069 2650 Camino Del Rio N. #lo0 San Diego, CA. 92108 Area D John M. Lamb and Constance 2 16- 140-1 6 Area D Batiquitos Bluff 216-140-34 / Area D Area E AT&SF RR Right-of-way State of California 216-030-66 2 16-042-07 216-140-08 2 16- 140-22 2 16- 140-23 2 16-04 1-23 2 16-04 1-25 North San Diego County Transit 2 16-042-09 Development, BOA 216442-10 2 1 6- 140-02 State of California