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HomeMy WebLinkAboutCT 90-09A; WESTERN PACIFIC PA 5; Tentative Map (CT)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1')'APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) Master Plan -Amendment General Plan Amendment Specific Plan 12 Local Coastal Plan Amendment Planning Area 5 FOR PAGE 1 OF 2 (FOR DEPT USE ONLY) rk 0 Precise Development Plan Tentative Tract Map - revised Planned Development Permit Non-Residential Planned Development Condominium Permit Special Use Permit 0 Redevelopment Permit Tentative Parcel Map Obtain from Eng. Dept Administrative Variance Administrative Permit - 2nd 0 Site Development Plan Zone Change 0 Conditional Use Permit 0 Hillside Development Permit Environmental Impact Assessment Variance Ind nit Permit 0 Pla1iIicn'iI,lssi\n Determination ns not specificed 2) LOCATION OF PROJECT: ON THE I South SIDE OF Alga Road I (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN Batiquitos Dr.I AND I El Camino Real (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I Lots 95, 96,97, and 98 of City of Carlsbad Tract 85-35, State of CA, according to Map 12411 4) ASSESSOR PARCEL NO(S). 1215_592_13.215_592-12.215-592 -19, 215-592-14 I 5) LOCAL FACILITIES 9 6) EXISTING GENERAL PLAN itf 4, RN 7) PROPOSED GENERAL PLAN lsam MANAGEMENT ZONE DESIGNATION RC , N TJSDESIGNATION 8) EXISTING ZONING 9) PROPOSED ZONING 110) GROSS SITE 23. ACREAGE 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER L/1j 13) TYPE OF SUBDIVISION fPD RESIDENTIAL UNITS L31 OF LOTS (RESIDENTIAL, COMMERCIAL ,INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL I I NONE I UNITS 15) PROPOSED INDUSTRIAL N/A 116) PROPOSED COMMERCIAL I N/A ] OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE: A PROPOSMAEC REUThING MAT MULTIPLE APPLICATIONS BE FILED MUST ijBMITTED.PR1....XWP.MAPROPOSEI) PROJECT REQflNGTITONLY Q 1BELE MUST BE UBMIITED ROR TO 4:00 ?.M FR\100016 8190 :L C1rI' OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 J 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 2. 85 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 131 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC L1131 1 20) PROJECT NAME: Iwestern Pacific/Planning Area 5 21) BRIEF DESCRIPTION OF PROJECT: IMster Plan Amendment, Tentative Map Planned Development -131 Units I Local Coastal Plan Amendment IS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF cri' STAFF, 22) IN ThE OCESS OF REV! ENTER SUBJECT OF THIS APPLICATION. CITY COUNCIL MEMBERS TO INSPECT AND N REVIEW BOAR!) PLANNING I/WE CONSENT TO ENTRY FOR THIS PURPOSE D.L. Clemens/Vice President 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Aviara Land Associates Limited Partner Aviara Land Associates Limited Pa 2011 MAILING Airport Road #206 9omnar Airport Road #206 CITY AND STATE ZIP TELEPHONE CI1'i' AND STATE ZIP TELEPHONE Carlsbad, CA 92009 931-1190 Carlsbad, CA 92009 931-1190 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE LEGAL OWNERS REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE IS TRUE AND CORRpeINM THE BEST OF BEST OF MY MYICNOWLEDGE./ I I SIGNATURE DATE DATE tner * * * * * * FOR CI1'i' USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED r--uI J 1W V4J TOTAL FEt REQUIRED DATE FEE PAID 966 i . 9fl1 DATE STAMP APPLICATION RECEIVED RECEIVED BY: I r, /7Z'n /flf4_ I RECEIPT NO. . I FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET SAN DIEGO, CALIFORNIA 92101 (619) 231-4656 AVIARA LAND ASSOCIATES 2011 PALOMAR AIRPORT ROAD #206 CARLSBAD, CA ATTN: PAM WHITCOMB OUR ORDER NO.: 1092614-15 DATED AS OF: APRIL 9, 1995 AT 7:30 A.M. THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS AND/OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF THE POLICY: XXXX PLEASE ADD THE FOLLOWING ITEM: 33. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED MARCH 22, 1989, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. DATED: JULY 25, 1995 FIRST AMERICAN TITLE INSURANCE COMPANY 7_ _t GREG SPANIOL OFFICER DIRECT DIAL PHONE 21-4656 RECEIVED AUG 1 4 1995 CITY OF CAFLSAD 4G DEPT S ORDER NO. 1092614-15 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 APRIL 20, 1995 AVIARA LAND ASSOCIATES 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA 92009 ATTN: PAM WHITCOMB OUR ORDER NO.: 1092614-15 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF APRIL 9, 1995 AT 7:30 A.M. GREG SPINIOL -OFFICER DIRECT DIAL PHONE -2'h-46S6 PAGE 1 . . ORDER NO. 1092614-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1995-96, A LIEN, NOT YET PAYABLE. 2. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-95, A LIEN NOT YET DELINQUENT. 3. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,013,677.12, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. PAGE 2 . . ORDER NO. 1092614-15 A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,013,677.12, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,013,677.12, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,013,677.12, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. 4. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 3 ORDER NO. 1092614-15 5. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 16, 1955 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. BY A QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73- 355049 OF OFFICIAL RECORDS, A PORTION OF SAID EASEMENT HAS BEEN ELIMINATED. A RIGHT-OF-WAY USE AGREEMENT DATED JULY 9, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN DIEGO GAS & ELECTRIC COMPANY AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. RECORDED: JULY 25, 1990 AS FILE NO. 90-404683 OF OFFICIAL RECORDS. A RIGHT-OF-WAY USE AGREEMENT DATED JULY 9, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN DIEGO GAS & ELECTRIC COMPANY AND AVIARA MASTER ASSOCIATES, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION. RECORDED: JULY 25, 1990 AS FILE NO. 90-404684 OF OFFICIAL RECORDS. PAGE 4 . a ORDER NO. 1092614-15 7. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, (LAGOON NORTH SHORE TRAIL) DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $125,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS. DATED: DECEMBER 20, 1988 TRUSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (TRIAL) RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196181 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS,. BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JUNE 29, 1989 AS FILE NO. 89-345766 OF OFFICIAL RECORDS. PAGE 5 S . ORDER NO. 1092614-15 SAID DEED OF TRUST IS SUBORDINATE TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 24, 1989 AS FILE NO. 89- 388407 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED JUNE 1, 1990 AS FILE NO. 90- 298175 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS. AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED DECEMBER 6, 1993, RECORDED JANUARY 27, 1994 AS FILE NO. 1994-0060393 OF OFFICIAL RECORDS, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED AUGUST 31, 1994, RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0563996 OF OFFICIAL RECORDS, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED: DECEMBER 23, 1988 AS FILE NO. &8-661637 OF OFFICIAL RECORDS. PAGE 6 . . ORDER NO. 1092614-15 10. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY: FIRST INTERSTATE BANK OF CALIFORNIA RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS. PROPERTY COVERED: AS SET FORTH THEREIN AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29 1 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS AND JULY 15, 1993 AS FILE NO. 1993-0453042 OF OFFICIAL RECORDS. A PARTIAL RELEASE OF SAID FINANCING STATEMENT WAS RECORDED AUGUST 4, 1993 AS FILE NO. 1993-0503783 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT WAS RECORDED JANUARY 28, 1994 AS FILE NO. 1994-0065131 OF OFFICIAL RECORDS. • AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0563997 OF OFFICIAL RECORDS. 11. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. A NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO. 90-189679 OF OFFICIAL RECORDS. 12. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIAR.A LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION. RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 7 . C. ORDER NO. 1092614-15 13. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS' (LAGOON NORTH SHORE 100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14. AN EASEMENT FOR PUBLIC STREET PURPOSES, FOR DRAINAGE PURPOSES, FOR SIDEWALK PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 15. A DESILTATION BASIN MAINTENANCE AGREEMENT DATED JUNE 28, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD. RECORDED: JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 16. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12411, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP. 17. AN EASEMENT FOR OPEN SPACE AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12411, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP. 18. AN EASEMENT FOR GENERAL UTILITY AND ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12411, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF LOT 97 AS SHOWN ON SAID MAP. PAGE 8 I . ORDER NO. 1092614-15 19. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM BATIQUITOS DRIVE ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12411. AFFECTS LOTS 96 AND 97. 20. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO THE PROVISIONS OF SECTION 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA FOR THE DEDICATION OF A PORTION OF LOT 97 FOR STREET PURPOSES, AS SHOWN ON THE MAP OF. SAID TRACT, WHICH PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAIN OPEN AND SUBJECT TO FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. THE EASTERLY 60 FEET OF SAID STREET DEDICATION WAS ACCEPTED BY CITY OF CARLSBAD RESOLUTION NO. 92-100 RECORDED MAY 7, 1992 AS FILE NO. 1992-0276259 OF OFFICIAL RECORDS. 21. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ALGA ROAD ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12411. AFFECTS: LOTS 95 96 AND 97. 22. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89- 354659 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. FIRST AMENDED AND RESTATED MASTER DECLARATION O'F COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991 AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 91-0114756, BOTH OF OFFICIAL RECORDS. PAGE 9 . . ORDER NO. 1092614-15 SUPPLEMENTARY ANNEXATION DECLARATION FOR PHASE II OF AVIARA RECORDED JUNE 7, 1991 AS FILE NO. 91-0273692 OF OFFICIAL RECORDS. THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16, 1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS. FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE 22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS. RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND ADMINISTRATIVE MODIFICATION OF DECLARATION FOR AVIARA RECORDED FEBRUARY 24, 1994 AS FILE NO. 1994-0124630 OF OFFICIAL RECORDS. 23. AN EASEMENT TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES CONSISTING OF: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, AND APPURTENANCES, THE ABOVE FACILITIES WILL BE INSTALLED AT SUCH LOCATIONS AND ELEVATIONS, UPON, ALONG, OVER AND UNDER THE HEREINAFTER DESCRIBED EASEMENT AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT OR NECESSARY. GRANTEE ALSO HAS THE RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH, LYING WITHIN SAID LOTS 95, 96 AND 98 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I-UNIT C, LYING ADJACENT TO AND COINCIDENT WITH THE EXTERIOR BOUNDARY OF THAT CERTAIN DEDICATED ROADWAY, SHOWN AND DELINEATED AS "ALGA ROAD" ON SAID MAP NO. 12411. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED FEBRUARY 27, 1990 AS FILE NO. 90-103250 OF OFFICIAL RECORDS. PAGE 10 . . ORDER NO. 1092614-15 SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 25. A UNITY OF CONTROL AGREEMENT DATED FEBRUARY 20, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; A- M HOMES, A CALIFORNIA LIMITED PARTNERSHIP AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA CORPORATION. RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL RECORDS. AN ASSUMPTION OF SAID UNITY OF CONTROL AGREEMENT DATED NOVEMBER 1, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: NOVEMBER 9, 1990 AS FILE NO. 90-0609863 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 26. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS. A PORTION OF SAID LAND WAS RELEASED FROM SAID I-NSTRUNENT BY CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991, EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL RECORDS. PAGE 11 . o ORDER NO. 1092614-15 27. AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: JUNE 1, 1990 AS FILE NO. 90-298182 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 28. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31, 1990 AS FILE NO. 90-0590738 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 29. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL RECORDS. NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. 30. AN EASEMENT TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES CONSISTING OF: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, AND APPURTENANCES, THE ABOVE FACILITIES WILL BE INSTALLED AT SUCH LOCATIONS AND ELEVATIONS UPON, ALONG, OVER ND UNDER THE HEREINAFTER DESCRIBED EASEMENT AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT OR NECESSARY. GRANTEE ALSO HAS THE RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED AUGUST 6, 1991 AS FILE NO. 91-0393208 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: LOT 97 OF CITY OF CARLSBAD TRACT 85-35, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO. PAGE 12 . a ORDER NO. 1092614-15 THE EASEMENT IN THE AFORESAID LANDS SHALL BE 6.00 FEET IN WIDTH, BEING 3.00 FEET ON EACH SIDE OF THE CENTER LINE OF THE FACILITIES TO BE INSTALLED, THE APPROXIMATE LOCATION BEING SHOWN AND DELINEATED AS "UTILITY FACILITIES" ON THE EXHIBIT "A", ATTACHED THERETO AND MADE A PART THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 31 THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1994-1995 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT 2ND INSTALLMENT LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-592-12-00 $8,259.23 PAID $8,259.23 OPEN $200,000.00 $-0- 09027 215-592-13-00 $27,807.85 PAID $27,807.85 OPEN $1,760,000.00 $-0- s-a- 09027 215-592-14-00 $25,016.47 PAID $25,016.47 OPEN $1,600,000.00 $-0- $-0- 09027 215-592-15-00 $67,380.78 PAID $67,380.78 OPEN $4,480,000.00 $-o - $-o - PAGE 13 I o ORDER NO. 1092614-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 95, 96, 97 AND 98 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM THE EASTERLY 60 FEET OF THE PREVIOUSLY REJECTED OFFER OF DEDICATION OF A PORTION OF SAID LOT 97 FOR STREET PURPOSES AS SHOWN ON SAID MAP 12411. SAID EASTERLY 60 FEET WAS ACCEPTED BY CITY OF CARLSBAD RESOLUTION NO. 92-100 RECORDED MAY 7, 1992 AS FILE NO. 1992-0276259 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PAGE 14 QUALITY ORIGINAL (S) -iy CITY OF CARLSBAD ) " 1200 CARLSBAILLAGE DRIVE CARLSBAD, PLIFORNIA 92008 434-2867 REC'D F DATE /r5 ACCOUNT NO. DESCRIPTION AMOUNT J, /.&,OA RECEIPT NO) 253 NOT VALID:UNLESS VALIDATED BY TOTAL ,, F~dnted an recycled paper. CASH REGISTER A I CITY OF CARLSBAD 1200 CARLSBAI3VILLAGE DRIVE CARLSBAD,I-ALIFORNIA 92008 434-2867 REC'DFROM_IAJ. .DATE 314.0 ACCOUNT NO. DESCRIPTION -T - _V RF(FIPT NO. I NOT VALID UNLESS VALIDATED BY TOTAL 0/14/ )01 'iAMflH:N 01 02 / / 9 —I ® Printed our cycled paper. CASH REGISTER 4? - of C?r1sbad F: I 'C •IFTi 4i i DISCLOSURE STATEMENT ..PLIC3.NTS STATEMENT OF CISCLCSUPE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL AECUIPE CISCET1ONAPY ACTION ON THE PART OF THE CT? COUNCIL OR ANY APPOINTED 8OAR0. COMMISSION OR COMMrTTEE. (P/ease Print) The following information must be disclosed: Ap plicant List the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnership 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 a Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Assoc'ates Limited Partnership 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 4381161 11 (Over) Disclosure Statement - -.-. page It 5. Have you had more than $250 worth of business transacted with any member of City staff, Saars Commissions Committees and CounciFwithin the past twelve months? Yes No X If yes, please indicate person(s) Prr, is d.fin.d as: Any individual, firm. cccartn.rsPtp, joint variturs. associ*ticn, soca clu b. frat.mal organization. corporation. estate. trust. reo.i'sr. syrdiats. th is and any other county. cuty and county. city munici pality. distflct or othw political subdivision. or any ottu.r grouo or comeinatuon acting as * unit' Owner: Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership By: Aviara Land o any, a Delaware co" L. ice Pr •dent By Scott M. Medansky/Asst. Secre ary Date: 8/10/95 By: Republic Development Co., a California cfration. D. L, en'Qce President LM JonJ1(e/Asst. Secretary Date: 0/95 Aviara Land Associates Limited Partnership, a Delaware limited partnership By: Aviara Lan mpany, a Delaware ThpiO General Partner B: Ajc7 D. . Clemens,/Vice Pr ident By: fk~u — "Scott M. Medansky/Ast. Secrey Date: 8/10/95 By: Republic Development Co., a California cortion, P al er By: -- D. . / ice President By: JoddklielAsst. Secretary Date: V 8/10/95 1_ *. . . RMECEIVED AVIARA MASTER PLAN AMENDMENT AUG 1 4 199 CTV OF CALiA (The following amendments are proposed to the Aviara Master Plan in single family units as a permitted use to Planning Area 5, and to add development standards for such units. The proposed development standards are based upon similar standards contained in the Poinsettia Shores Master Plan. A new exhibit, designated as Exhibit V-6a., is also included to graphically depict the concept of clustered single family housing. Proposed additions to the existing Master Plan text are shown in redline type, deletions are shown in strikeout type. The proposed amendments begin on Page 89 of the Master Plan document.) Planning Area 5: Multi-Family a4tust$ingl Description: This 23.8 acre planning area located along the south side of Alga Road permits multi-family homes and clust& &lige family homes A 150 foot wide public utility easement serves as an open space buffer with Planning Area 4 to the northeast. Development Standards: PD All development in Planning Area 5 shall conform to the development standards of the PD ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless other wise noted in this chapter. Use Allocation: Maximum of 189 residential units. (7.9 DU/AC) Private recreation facilities are required in conjunction with the residential units. Permitted Uses: Multi-family residential and cluster sh housing along with passive and active recreational uses. Site Development Standards: Height: The maximum height shall not exceed 35 feet. All heights shall be determined per Section 21.040.065 of the Carlsbad Municipal Code. At least 50% of the structures in this Planning Area shall be no more than two stories in height. Where three story structures are proposed, no more than one-half of the structure shall be three stories in height. 1. . . Setbacks: M minimum setback from Alga Road and Pacific Rim Drive for all structures shall be 50 feet. All parking shall be setback a minimum of 35 feet from Alga Road provided that it is fully screened. All other front yard setbacks shall be per Section 21.45.090(b) of the Carlsbad Municipal Code. All structures shall be setback a minimum of 20 feet from the public utility easement. Minimum building separation is 10 feet between one-story structures, 15 feet between one and two-story structures and 20 feet for two or more story structures. All structures and parking shall be setback a minimum of 20 feet from all internal streets. Parking: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. Special Design Criteria: Design: All community-wide design standards described in Section A of Chapter IV shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area: 0 As shown on the conceptual site plan for this planning area, the existing natural slopes and tree groves shall be preserved. 0 Strong architectural relief features shall be incorporated into all structures visible from Alga Road and Pacific rim Drive. 0 Views to and from the lagoon and back-country shall be preserved. . . 0 Curvilinear streets shall be combined with informal building sitings to strengthen the mediterranean hilitown appearance of the planning area. 0 A variety of building massings is encouraged. 0 Outdoor courtyards, patios and plazas should be included. 0 Special attention shall be given to incorporate the adjacent open space area as an amenity to the neighborhood. ro (the balance of the chapter for Planning Area 5 would remain unchanged) SIGN CRITERIA OVISIONS fATE TION AREAS. M LINEAL ION SHALL EET. n NOTE: THEIR ARE NO INDIVIDUAL LOT LINES SEPARATING HOUSES, THE UNITS MAY BE AIR SPACE CONDOS OR A SIMILAR TYPE OF OWNERSHIP CONCEPT. m w -I 0) 0 r- ZE Ow -4 J3z I C z z Z G) m (71 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: WPH AVIARA L.P. do 2385 CAMINO VIDA ROBLE, SUITE 107 CARLSBAD, CALIFORNIA 92009 ATTN: MR. LANCE WAITE (Space above for Recorder's Use) NOTE: This tax parcel should not be assessed a separate amount as provided in Section 2188.6 of California Revenue & Taxation Code COUNTY OF SAN DIEGO The undersigned Grantor declares DOCUMENTARY TRANSFER TAX: None; Transfer of Common Area TRAMONTO GRANT DEED OF MASTER ASSOCIATION PROPERTY FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WESTERN PACIFIC HOUSING - AVIARA, L.P., a California Limited Partnership ("Grantor"), hereby grants to AVIARA MASTER ASSOCIATION, a California nonprofit mutual benefit corporation ("Grantee"), the real property situated in the County of San Diego, State of California, more particularly described as follows: - Lot 7 of City of Carlsbad Tract 90-09 (A), AVIARA 5, UNIT 1 According to Map thereof No. 13336, recorded in the office of the County recorder of San Diego County, June 14, 1996, together with Lots 19 through 28 inclusive of the City of Carlsbad Tract 90-09 (A), AVIAR.A 5, UNIT 2, according to map thereof no, 13360, recorded in the office of the county recorder of San Diego County, September 16, 1996. RESERVING THEREFROM, non-exclusive easements for access, ingress, egress, encroachment, maintenance, use, repair, drainage, support and other purposes, all as described in the First Amended and Restated Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Tramnonto ("Project Declaration") recorded on October 7, 1996, as Instrument No. 1996-0508541, of Official Records of San Diego County, California. 1I3NW03 aalg 130 Nd9:T L6 II EXCEPT one hundred percent (100%) of all rights to oil, gas and other hydrocarbon and mineral substances lying under or that may be produced from the above-described land, together with one hundred percent (100%) of all right to the proceeds therefrom and one hundred percent (100%) of all rents, bonuses and profits accruing therefrom; provided however, that Grantor waives and relinquishes the right to use or occupy or to enter upon any portion of the surface and 500 feet below the surface, measured vertically from the surface of said land, for the purpose of drilling for, capturing, producing, exacting, storing, treating or otherwise handling or utilizing such oil, gas or other hydrocarbon or mineral substances, or for the purpose of exercising Grantor's right thereto. SUBJECT TO: 1. General, special and supplemental real property taxes for the current fiscal year; and 2. Covenants, conditions, restrictions, dedications, easements, reservations, rights, and rights-of-way of record s including without limitation, all such matters set forth in the Third Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Aviara ("Master Declaration"), recorded on September 16, 1991, as Instrument No. 91-047307 in the official records of San Diego County, California the Project Declaration, and the Supplemental Declaration. The Master Declaration, the Project Declaration, and the Supplemental Declaration are collectively referred to herein as the "Declarations." All capitalized terms not otherwise defined herein shall have the meaning prescribed in the Project Declaration. 3. "Master Association shall be solely responsible for maintaining the suppression zones, including weed abatement." Ed ))( èJ 1IzlI33NN0J GIE 130 WdZt7:2T z6e TT 5nu Grantee, by acceptance and recordation of this Grant Deed, expressly accepts, covenants, and agrees to be bound by and to assume performance of all of the provisions and requirements set forth in the Declarations, which provisions and requirements are acknowledged to be reasonable and which are incorporated herein by this reference thereto. This Grant Deed is subject to and expressly conditioned upon the performance of such provisions and requirements to be performed by Grantee thereunder. N WITNESS WHEREOF, Grantor has caused this instrument to be executed as of ----S 1997. WESTERN PACIFIC HOUSING - AVIARA, L,P., a California Limited Partnership BY; II LAMCO HOUSING S INC., a California Corporation General Partner By: Lance M. Waite Its: "Grantor" ACCEPTED AND AGREED AS OF 1997 AVIARA MASTER ASSOCIATION a California Nonprofit Mutual Benefit Corporation By: Its: "Grantee" ))( N 1'I3è134NOJ èJtIlE 130 L4d)-II L6 IT gnu EXHIBIT "Alf • COUNTY OF SAN DIEGO GREGORY J. SMITH ASSESSOR/RECORDER/COUNTY CLERK co ASSESSOR'S OFFICE RECORDER/COUNTY CLERK'S OFFICE 1600 PACIFIC HIGHWAY, RM 103 1600 PACIFIC HIGHWAY, RM 260 SAN DIEGO, CA 92101-2480 P.O. BOX 1750, SAN DIEGO, CA 92112-4147 (619) 236-3771 • FAX (619) 557-4056 (619) 237-0502 • FAX (619) 557-4155 CITY OF CARLSBAD Date: March 28, 1996 ENGINEERING DEPT 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008-1989 We are returning your document(s) unrecorded for the following reason(s) A legal description of the property is required for recordation. Please attach the description and resubmit. The other document is recordable as is. Please return this correspondence with your document (s) Thank you for your cooperation in resolving this matter. If you have any questions, please contact the Recorder's Customer Service Desk at (619) 237-0502 and then press 10. Very truly yours, Enclosure JC GREGORY J. SMITH Recorder/County Clerk a ~ Dey't Recorder - ) &.1L_ - . . City of Carlsbad Planning Department Document Recordation Transmittal To: City Clerk Date: March 14, 1996 From: Eric Munoz, Associate Planner - Via: Assistant Planning Director Gary Wayne REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO.(S) CT 90-09(A) PROJECT NAME AVIARA PLANNING AREA 5 INSTRUCTIONS: Please obtain City Attorney signature on the attached agreement(s) and process for recordation. Recording fees are to be charged to the City in accordance with the standard letter agreement with the Recorder's Office. Please return a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: Please process as part of final map approval for Aviara PA 5 - CT 90-09(A). Attachments: Notice of Restriction KI Other Noise Form #2 EM:bk cc File 't 7 ro ff 10QA-fl191Qfl ' 1 Recording Requested By' 17—APP-1996 12:47 PM When Recorded Mail To: ) 1 631 OFFICIAL RECORDS City Clerk SAN DIEGO COUNTY RECORDER'S OFFICE City of Carlsbad ) GREGORY SITH COUNTY RECORDER 1200 Carlsbad Village Drive ) RF: 6.00 FEES 10.00 Carlsbad, CA 92008 ) AF: 3.00 ) MF LOU Space above for Recorder's use Assessor's Parcel Number: 215-592-13. 14 Project Number and Name: C.T. 90-09(A) Aviara 5 The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Lots 95 1 96, 97 and 98 of the City of Carlsbad Tract No. 85-35, Aviara Phase 1 - Unit C, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12411, filed in the office of the County Recorder of San Diego County June 29, 1989. is restricted by a Resolution No.3835 issued by the City of Carlsbad on November 15, 1995 . A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Owner' ra, L. P. 72 M /-4 jY c U.'oS Name Printed/Title ¼c We# Ji Lino Inc. G-91 pave— Signature Name Printed/Title Date APPROVED AS TO FORM: RONALD A. BALL, City Attorney by: -/A/Y Dàuty City Attorney CITY OF CARLSBAD Date ATTEST: ALETHA L. RAUTENKRANZ, City Clerk'\ K:\.ADMIN\MERGE\N0T10ES\RESTRICT.FRM REV. 11/280 CALIFIA ALL-PURPOSE ACKNOWLEENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On t48 rci I cidi (c before me, t-&tj8, 4ftQ Notary Public, personally appeared . ftr1. C- , [] personally known to me - or [s_oved to me on the basis of satisfactory evidence to be the person).ihose name($i(ârs..bscribed to the within instrument and acknowledged to me that hefthcfthey executed the same in hisfhettheir-authorized capacity* and that by his/her.their- signatureon the instrument the perso?tsor the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Gladyaugijt Comm. Th019832 NOTARY PUBLIC CAUFORNIAG) AN DIEGO COUNTY 0 (Sig 3 O\ cz cc Q 6S*l ct\ ( ° ri'ReRL kor EQ+1 NOISE FORM #2 rsv. 3(27/Q5 S 1 t 1996'-'0189199 1633 17—APR-1996 12:47 P11 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RECORDING REQUESTED BY AND ) RF: 8.00 FEES: 16.00 WHEN RECORDED RETURN TO ) AF: 700 City Clerk ) NF 1.00 City of Carlsbad ) 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) ) ) ) ) ) Space above this line for Recorder's use Parcel No. 215-592-13.14 NOTICE CONCERNING AIRCRAFT ENViRONMENTAL IMPACTS CASE NO: C. T. 90-09(A) This Declaration and Notice Concerning Aircraft Environmental Impacts is made by Western Pacific Housing- Aviara(fl) Limited Partnership , hereinafter (name of legal owner) (individual, corporation, etc.) referred to as the "Owner", as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The Owner is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: B. The property is located approximately 2 miles from the McClellan- Palomar Airport, City of Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. C. Owner has no control over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. NOISE FORM #2 rev. 3127/95 • . . . FORM: NOISE 2: 2 of 3 D. It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating to or from the Airport. E. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public, military and private aircraft which will generate noise and other environmental impacts. NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: Owner has and shall develo the property in accordance with Subdivision Tract Parcel Map (CT/PM -XL5 arproved by the City of Carlsbad, which pprovaI includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. 3. That the flight operations to the Airport may create significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such overflight, sight and sound. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. NOISE FORM #2 rev. 3/27/5 FORM: NOIS : 3 of 3 Executed this day of , 19 *OWNER: AJ&S (name of Owner) By M ,46i6n here) tlC- (print name here) c C)pcocôS (title and oroanization of signatory) Vice W L4xo wvy Jc 6. By:_____________________________ (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by *OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) Approved as to form: RONALD R. BALL City Attorney By /ItI icrny NOISE FORM #2 rev. 3127/96 . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On rck 5 i before me, ((A-cL S -16fl7b) Notary Public, personally appeared !Th'1C- IY\ , []personally known to me - or [%roved to me on the basis of satisfactory evidence to be the persoAl whose name is/'subscribed to the within instrument and acknowledged to me that he/sIie/thiy executed the same in hiê7htheir authorized capacity((, and that by his/h&/their signature)on the instrument the perso1sor the entity upon behalf of which the persoñ(s)cted, executed the instrument WITNESS my hand and official Gladys Haughton Comm 91019832 NOTARY PUBLIC CALIFORNIA SAN DIEGO COUNTY BCOmfl1ExpIreSIarcllO,1998 (Sign.ire of Notary) 7 ff El /Jô1i C Iff IWDMINMERGENO110ES\RESTHICT.FRM REV. 11/28M CITY OF CARLSBAD Inter-Office Correspondence : PLANNING PARTMENT CA Ify of \ TO: CITY CLERK OFFICE: L FROM: DEVELOPMENT PROCESSING DATE: SUBJECT: PUBLIC FACILITY FEE MESSAGE: \l c3 1a t 2 \4 k I ~-~ (6) 1 cp q3- LCPA q'3-i\ RECORDATION FEES RECEIVED: CITY TO BE BILLED Attachments: Reply Requested REPLY: DATE:__________ SIGNATURE 11 RDING REQUESTEDY AND ) S U 1995-0534563 e RECORDED MAIL TO: ) Z7—NOU---1995 1134 AM OFFICIAL RECORDS City Clerk ) SAN DIEGO COUNTY RECORDER'S OFFICE CITY OF CARLSBAD ) GREGORY SMITH, COUNTY RECORDER 1200 Carlsbad Village Drive ) RF: 12.00 FEES: 28.00 Carlsbad, California 92008-1989 ) 87 15.00 1.00 Space above this line for Recorder's use Parcel No. 215-592-12,13 %14.15 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 10th day of August , 15, by and between Aviara Land Associates Limited Partnership a Delaware Limited Partnershi (name of developer-owner) a Partnership , hereinafter referred to as "Developer' whose address (corporation, partnership, etc.) is 2011 Palomar Airpo-rt Raad.-,- Suite 206, Carlsbad, CA 92009 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: Revised Master Plan Amendment. Tenative Map. Planned Developent - 131 Units Local Coastal Plan Amendment on said Property, which development carries the proposed name of Western Pacific/Aviara Planning Area 5 Form Approved By City Council July 2, 1991 Reso # 91-194/KJH 1 S and is hereafter referred to as 'Development"; and WHEREAS, Developer filed on the 10 day of August , 1995, Revised with the City a request for Master Plan Amendment, Tenative Map, Planned Developmen 131 Units - Local Coastal Plan Amendment - Western Pacific/Planning Area hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant Form Approved By City Council July 2, 1991 Reso # 91.1 94/KJH 2 S S to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits', "other construction permit" and 'entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. lithe fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Form Approved By City Council July 2, 1991 Reso # 91-194fKJH I I Development shaH be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective Form Approved By City council July 2, 1991 Reo # 91-194/KM . . 0 successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approv.d By city Council July 2, 1991 Reso # 91-194IKJH 5 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Aviara Lan Associates Limited P r nership, a Delaware Lii..t P rtnership By 4_____ fgna D.L. Clemens/Vice President (print name) of Aviara Land Associates CITY OF CARLSBAD, a municipal corporation of the State of California - 110 Z for City Manager (title) By (signature) (print name) (title) ATTEST: JA-~ 2. NfttyCler ALETHA L RAUT APPROVED AS TO FORM: RONALD R. BALL City Attorney By _______ pepu1y City Attorney (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved By City Council July 2, 1991 Re8o # 91-194/KJH . I EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 95, 96, 97 AND 98 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MA? THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM THE EASTERLY 60 FEET OF THE PREVIOUSLY REJECTED OFFER OF DEDICATION OF A PORTION OF SAID LOT 97 FOR STREET PURPOSES AS SHOWN ON SAID MAP 12411. SAID EASTERLY 60 FEET WAS ACCEPTED BY CITY OF CARLSBAD RESOLUTION NO. 92-100 RECORDED MAY 7, 1992 AS FILE NO. 1992-0276259 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO 0n4//; before VArn Notary Mlic, personally appeared6(. personally known to me (-or--p1oted to be the person (-s-) whose namefs) is/.a-re subscribed to the within instrument and acknowledged to me that he/she/th-ey executed the same in his/4er/-their authorized capacity(teT), and that by his/her-/-t-heir signature(s) on the instrument the person(-s), or the entity upon behalf of which the person(-s) acted, executed the instrument. Witness my hand and official seal. 2 j Sigr'rature of Notary Public Comm. #10:18938 - NOTARY PUBLIC CALIFORNIA W SAN DIEGO COUNTY C) Comm. Expires Feb, 271998 S FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET SAN DIEGO, CALIFORNIA 92101 (619) 231-4656 AVIARA LAND ASSOCIATES 2011 PALOMAR AIRPORT ROAD #206 CARLSBAD, CA ATTN: PAM WHITCOMB OUR ORDER NO.: 1092614-15 DATED AS OF: APRIL 9, 1995 AT 7:30 A.M. THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS AND/OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF THE POLICY: XXXX PLEASE ADD THE FOLLOWING ITEM: 33. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED MARCH 22, 1989, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. DATED: JULY 25, 1995 FIRST AMERICAN TITLE INSURANCE COMPANY J GREG SPANIOL - TI OFFICER DIRECT DIAL PHONE 231-4656 REC1VD AN 1 4 1995 CV OF CARL . a ORDER NO. 1092614-15 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 APRIL 20, 1995 AVIARA LAND ASSOCIATES 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA 92009 ATTN: PAM WHITCOMB OUR ORDER NO.: 1092614-15 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF APRIL 9, 1995 AT 7:30 A.M. L-R GREG SPINIOL TE OFFICER DIRECT DIAL PHONE 2h-4656 PAGE 1 S t ORDER NO. 1092614-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1995-96, A LIEN, NOT YET PAYABLE. 2. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-95, A LIEN NOT YET DELINQUENT. 3. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,013,677.12, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. PAGE 2 S ORDER NO. 1092614-15 A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,013,677.12, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,013,677.12, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $1,013,677.12, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. 4. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 3 S ORDER NO. 1092614-15 5. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 16, 1955 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. BY A QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73- 355049 OF OFFICIAL RECORDS, A PORTION OF SAID EASEMENT HAS BEEN ELIMINATED. A RIGHT-OF-WAY USE AGREEMENT DATED JULY 9, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN DIEGO GAS & ELECTRIC COMPANY AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. RECORDED: JULY 25, 1990 AS FILE NO. 90-404683 OF OFFICIAL RECORDS. A RIGHT-OF-WAY USE AGREEMENT DATED JULY 9, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN DIEGO GAS & ELECTRIC COMPANY AND AVIARA MASTER ASSOCIATES, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION. RECORDED: JULY 25, 1990 AS FILE NO. 90-404684 OF OFFICIAL RECORDS. PAGE 4 . S ORDER NO. 1092614-15 7. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, (LAGOON NORTH SHORE TRAIL) DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $125,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS. DATED: DECEMBER 20, 1988 TRUSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (TRIAL) RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196181 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JUNE 29, 1989 AS FILE NO. 89-345766 OF OFFICIAL RECORDS. PAGE 5 . 0 ORDER NO. 1092614-15 SAID DEED OF TRUST IS SUBORDINATE TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 24, 1989 AS FILE NO. 89- 388407 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED JUNE 1, 1990 AS FILE NO. 90- 2 98175 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS. AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED DECEMBER 6, 1993, RECORDED JANUARY 27, 1994 AS FILE NO. 1994-0060393 OF OFFICIAL RECORDS, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED AUGUST 31, 1994, RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0563996 OF OFFICIAL RECORDS, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED: DECEMBER 23, 1988 AS FILE NO. &8661637 OF OFFICIAL RECORDS. PAGE 6 . S • ORDER NO. 1092614-15 10. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY: FIRST INTERSTATE BANK OF CALIFORNIA RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS. PROPERTY COVERED: AS SET FORTH THEREIN AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS AND JULY 15, 1993 AS FILE NO. 1993-0453042 OF OFFICIAL RECORDS. A PARTIAL RELEASE OF SAID FINANCING STATEMENT WAS RECORDED AUGUST 4, 1993 AS FILE NO. 1993-0503783 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT WAS RECORDED JANUARY 28, 1994 AS FILE NO. 1994-0065131 OF OFFICIAL RECORDS. • AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED SEPTEMBER 22, 1994 AS FILE NO. 1994-0563997 OF OFFICIAL RECORDS. 11. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. A NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO. 90-189679 OF OFFICIAL RECORDS. 12. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN:• AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION. RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 7 . S ORDER NO. 1092614-15 13. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE 100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14. AN EASEMENT FOR PUBLIC STREET PURPOSES, FOR DRAINAGE PURPOSES, FOR SIDEWALK PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 15. A DESILTATION BASIN MAINTENANCE AGREEMENT DATED JUNE 28, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD. RECORDED: JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 16. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12411, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP. 17. AN EASEMENT FOR OPEN SPACE AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12411, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF THE HEREIN DESCRIBED PROPERTY AS SHOWN ON SAID MAP. 18. AN EASEMENT FOR GENERAL UTILITY AND ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12411, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF LOT 97 AS SHOWN ON SAID MAP. PAGE 8 . ORDER NO. 1092614-15 19. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM BATIQtJITOS DRIVE ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12411. AFFECTS LOTS 96 AND 97. 20. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO THE PROVISIONS OF SECTION 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA FOR THE DEDICATION OF A PORTION OF LOT 97 FOR STREET PURPOSES, AS SHOWN ON THE MAP OF. SAID TRACT, WHICH PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAIN OPEN AND SUBJECT TO FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. THE EASTERLY 60 FEET OF SAID STREET DEDICATION WAS ACCEPTED BY CITY OF CARLSBAD RESOLUTION NO. 92-100 RECORDED MAY 7, 1992 AS FILE NO. 1992-0276259 OF OFFICIAL RECORDS. 21. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ALGA ROAD ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12411. AFFECTS: LOTS 95, 96 AND 97. 22. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89- 354659 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991 AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 91-0114756, BOTH OF OFFICIAL RECORDS. PAGE 9 • 0 ORDER NO. 1092614-15 SUPPLEMENTARY ANNEXATION DECLARATION FOR PHASE II OF AVIARA RECORDED JUNE 7, 1991 AS FILE NO. 91-0273692 OF OFFICIAL RECORDS. THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16, 1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS. FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE AVIAR.A COUNTRY CLUB AND RESORT, DATED JUNE 22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS. RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND ADMINISTRATIVE MODIFICATION OF DECLARATION FOR AVIARA RECORDED FEBRUARY 24, 1994 AS FILE NO. 1994-0124630 OF OFFICIAL RECORDS. 23. AN EASEMENT TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES CONSISTING OF: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, AND APPURTENANCES, THE ABOVE FACILITIES WILL BE INSTALLED AT SUCH LOCATIONS AND ELEVATIONS, UPON, ALONG, OVER AND UNDER THE HEREINAFTER DESCRIBED EASEMENT AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT OR NECESSARY. GRANTEE ALSO HAS THE RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH, LYING WITHIN SAID LOTS 95, 96 AND 98 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I-UNIT C, LYING ADJACENT TO AND COINCIDENT WITH THE EXTERIOR BOUNDARY OF THAT CERTAIN DEDICATED ROADWAY, SHOWN AND DELINEATED AS "ALGA ROAD" ON SAID MAP NO. 12411. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED FEBRUARY 27, 1990 AS FILE NO. 90-103250 OF OFFICIAL RECORDS. PAGE 10 . . ORDER NO. 1092614-15 SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 25. A UNITY OF CONTROL AGREEMENT DATED FEBRUARY 20, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; A- M HOMES, A CALIFORNIA LIMITED PARTNERSHIP AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA CORPORATION. RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL RECORDS. AN ASSUMPTION OF SAID UNITY OF CONTROL AGREEMENT DATED NOVEMBER 1, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: NOVEMBER 9, 1990 AS FILE NO. 90-0609863 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 26. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS. A PORTION OF SAID LAND WAS RELEASED FROM SAID I-NSTRUMENT BY CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991, EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL RECORDS. PAGE 11 ORDER NO. 1092614-15 27. AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED By AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND AVIARA- 5, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: JUNE 1, 1990 AS FILE NO. 90-298182 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 28. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31, 1990 AS FILE NO. 90-0590738 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 29. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL RECORDS. NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. 30. AN EASEMENT TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES CONSISTING OF: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES, AND APPURTENANCES, THE ABOVE FACILITIES WILL BE INSTALLED AT SUCH LOCATIONS AND ELEVATIONS UPON, ALONG, OVER ND UNDER THE HEREINAFTER DESCRIBED EASEMENT AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT OR NECESSARY. GRANTEE ALSO HAS THE RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED AUGUST 6, 1991 AS FILE NO. 91-0393208 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: LOT 97 OF CITY OF CARLSBAD TRACT 85-35, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO. . PAGE 12 0 ORDER NO. 1092614-15 THE EASEMENT IN THE AFORESAID LANDS SHALL BE 6.00 FEET IN WIDTH, BEING 3.00 FEET ON EACH SIDE OF THE CENTER LINE OF THE FACILITIES TO BE INSTALLED, THE APPROXIMATE LOCATION BEING SHOWN AND DELINEATED AS "UTILITY FACILITIES" ON THE EXHIBIT "A", ATTACHED THERETO AND MADE A PART THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 31. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1994-1995 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-592-12-00 $8,259.23 PAID $8,259.23 OPEN $200,000.00 $-a- $-0 - 09027 215-592-13-00 $27,807.85 PAID $27,807.85 OPEN $1,760,000.00 $-a-s-a- 09027 215-592-14-00 $25,016.47 PAID $25,016.47 OPEN $1,600,000.00 $-a - s -a - 09027 215-592-15-00 $67,380.78 PAID $67,380.78 OPEN $4,480,000.00 s -a - s -a - PAGE 13 . . ORDER NO. 1092614-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 95, 96, 97 AND 98 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM THE EASTERLY 60 FEET OF THE PREVIOUSLY REJECTED OFFER OF DEDICATION OF A PORTION OF SAID LOT 97 FOR STREET PURPOSES AS SHOWN ON SAID MAP 12411. SAID EASTERLY 60 FEET WAS ACCEPTED BY CITY OF CARLSBAD RESOLUTION NO. 92-100 RECORDED MAY 7, 1992 AS FILE NO. 1992-0276259 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PAGE 14 RECORDING REQUESTY AND . WHEN RECORDED MAIL TO: PLANNING AREA 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Parcel No. 215-592-12,13,14,15 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE - PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 10th day of August - , 15, by and between Aviara Land Associates Limited Partnership (name of developer-owner) a Partnership , hereinafter referred to as "Developer" whose address (corporation, partnership, etc.) is 2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009 (Street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. W IT N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a development project as follows: Revised Master Plan Amendment, Tenative Map, Planned Developent -131 Units Local Coastal Plan Amendment on said Property, which development carries the proposed name of Western Pacific/Aviara Planning Area -5 Form Approved By City Council July 2, 1991 Reso # 91 -1 94/KJH and is hereafter referred to! "Development'; and • WHEREAS, Developer filed on the 10 day of August , 1995, Revised with the City a request for Master Plan Amendment, Tenative Map, Planned Development 131 Units - Local Coastal Plan Amendment - Western Pacific/Planning Area hereinafter referred to as "Request'; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated Jul' 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant Form Approved By City Council July 2, 1991 Reso # 91-194/KJH 2 . . to Titles 13, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits', "other construction permit' and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Form Approved By City Council July 2, 1991 Reso # 91-1941KJH 3 S Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the eVent the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective Form Approved By City Council July 2, 1991 Reso # 91-194/KJH . I successors and assigns without specific mention of such Successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council July 2, 1991 Reso # 91-1 94/KJH 5 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the By State of California D.L. Clemens/Vice President By (print name) MARTIN ORENYAK for City Manager (title) By (signature) (print name) (title) ATTEST: ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL City Attorney By Deputy City Attorney (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved By City Council July 2, 1991 R080 # 91-194/KJH 6 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO On4(/O , /9 , before me, Notary P blic, personally appeared 1c. ('tiC-v5 - , personally known to me r—p-r -ved c4 ee_ba-s—s-a44-oeV44ee+ to be the person(-t-) whose name+s) is/-a.r-e subscribed to the within instrument and acknowledged to me that he/s*ej-th-ey executed the same in his/%e-r-their authorized capacity(-ier), and that by his/her/--their signature(s) on the instrument the person(-s), or the entity upon behalf of which the person-(-sj acted, executed the instrument. Witness my hand and official seal. Kathleen Anne Farley Comm. #1018938 NOTARY PUBLIC - CALIFORNIAW , SAN DIEGO COUNTY C) L 1 IFQf~k Comm. Expires Feb. 27, 1998 -4 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 95, 96, 97 AND 98 OF THE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OP SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO NAP THEREOF NO. 12411, FILED IN THE OFFICE OP THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM THE EASTERLY 60 FEET OF THE PREVIOUSLY REJECTED OFFER OF DEDICATION OF A PORTION OF SAID LOT 97 FOR STREET PURPOSES AS SHOWN ON SAID MAP 12411. SAID EASTERLY 60 FEET WAS ACCEPTED BY CITY OF CARLSBAD RESOLUTION NO. 92-100 RECORDED MAY 7, 1992 AS FILE NO. 1992-0276259 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE UPPER SdO FEET OF THE SUBSURFACE OF THE PROPERTY.