HomeMy WebLinkAboutCT 96-01; Carlsbad Ranch Hotel Timeshare Resort; Tentative Map (CT)CITY OF CARLSBAD
I LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1), APPLICATIONS APPLIED FOR: (CHECKBOXES)
(FORDEPT
USE ONLY1
(FOR DEFT
USE ONLY)
I ] Master Plan
[x] Specific Plan Amendment
| [ Precise Development Plan
[X] Tentative Tract Map
£2 Planned Development Permit
[x] Non-Residential Planned Development
| | Condominium Permit
| | Special Use Permit
| | Redevelopment Permit
j [ Tuntative Parcel Map
Obum from Eng. Dept
| [ Administrative Variance
| [ Administrative Permit - 2nd Dwelling Unit
9G-Q/
| [ General Plan Amendment
I ] Local Coastal Plan Amendment
rXj Site Development Plan
| | Zone Change
| [ Conditional Use Permit
[ | Hillside Development Permit
[x] Environmental Impact Assessment
[~~[ Variance
[ [ Planned Industnal Permit
[""] Coastal Development Permit
[ ] Planning Commission Determination
j | List any other applications not specificed
:) LOCATION OF PROJECT: ON THE south SIDE OF Armada Drive
(NORTH. SOUTH EAST. WEST)(NAME OF STREET)
BETWEEN | Paseo Del Norte ] AND Palomar Airport Road)
(NAME OF STREET) (NAME OF STREET)
Lot T4 n-Frar-1 Tract No. 92-7 in the Citv of Carlsbad, County
3) BRIEF LEGAL DESCRIPTION:|of San Diego, State of California, according to map thereof
i No. 13215, filed in the office of the County Recorder of San Diego county on June 1995
-t) ASSESSOR PARCEL NOfS).211-022-12
5) LOCAL FACILITIES
MANAGEMENT ZONE
3) EXISTING ZONING
11) PROPOSED NUMBER OF
5&S4&ENT4Afc-y-Nfl--S-
TIMESHARE UNITS
14) NUMBER OF EXISTING RESIDENTIAL
UNITS
6) EXISTING GENERAL PLAN
DESIGNATION
9) PROPOSED ZONING
12) PROPOSED NUMBER
OF LOTS
7) PROPOSED GENERAL PLAN | TR/C
DESIGNATION
10) GROSS SITE
w ACREAGE
13) TYPE OF SUBDIVISION
(RESIDENTIAL. COMMERCIAL .INDUSTRIAL)
15) PROPOSED INDUSTRIAL
OFFICE/SQUARE FOOTAGE
16) PROPOSED COMMERCIAL
SQUARE FOOTAGE
257,000
VOTE: A MW>POSED PROJECT SEQWiaN<JTH«;N^^
PROJECT REQUIRING THATO«tVQNEi*PPUCAnON BE FILED MUST BE: SUBMITTED: PRIOR TO 4:0»*Mi' ••- - ---••••••••-••••••""•••••••••-••- ----••-••••••- •-•••••-- - •.-,, •••- FRM00016 8/9ii
CITY OF CARLSBAD
LAND CSE REVIEW APPLICATION FORM PAGE 2 OF :
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC
0
UNITS
3,600
I 20) PROJECT NAME: Carlsbad Ranch Hotel and Timeshare Resort
21) BRIEF DESCRIPTION OF PROJECT:The proposed project consits of 161 timeshare
units ( 90 hotel units and three restaurants located in Planninq Area 3 of !
j the Carlsbad Ranch Specific Plan. !
1 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMISSIONERS, DESIGN BLEVTfw BOARD MEMBERS. OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROPERTY^HAT IS/rH£SyETECT OF THIS APPLICATION. t/WE CONSENT TO ENTRY FOR THIS
. — — SlCraAt 'REf ^ —
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE)
Carltas Company
NAME (PRINT OR TYPE)
Grand Pacific Resorts, inc.
MAILING ADDRESS
5600 Avenida Encinas, Suite 100
MAILING ADDRESS
5050 Avenida Encinas, Suite 200
CITY AND STATE ZIP
Carlsbad^-CA 92008^
TELEPHONE
(619) 431-5600
CITY AND STATE ZIP
Carlsbad, CA 92008
TELEPHONE
(619) 431-8500
CERTIFY jtWAT i AM TH«/UCAL OWNER
'/VNO THAT ALUJHE ABOVE INFORMATION
IS TT»UE««KnKMCr;ro THE BEST OF
DATE
I CLKllfY THAT I AM THE CBGAL OWNEX1 REPRESENTATIVE AND
THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE.
SIGNATURE/
£
DM*
i/n/ifc
**••**••****«•••* J********«»»**c**r^**********«
FOR OTY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
. OG
£.2.00. OO
. oo
2ZO. OO
AA>Tvcfi
TOTAL FEE REQUIRED
DATE FEE PAID J-22.-
JAN 2 2 1S96
ii g^?
DATE STAMP APPLICATION RECEIVES
"*
RECEIVED BY:
RECEIPT NO.
CITYOJFARLSBA
4200 CARLSBAfTVlLLAGE DRIVE it CARLSBAD
*^REC'DFIROM
. ^^&^a^m^/:^<f\ £J -i:<£} /'.iSs/) y^iJijM :" "-S$PWi
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••>'• •^-•- ajfe "-:U-«kM»j /vA"
RECEIPT NO. f *719q ':<:'f?\ NOT VALID UNLESS VALIDATED
'^m-^^^-CASH REGISTER
^i^;MM&^^^^^^^!
*Citv of OiarlsbaH
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED
BOARD. COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
Grand Pacific Resorts,Inc.
5050 Avenida Encinas, Ste. 200
Carlsbad, CA 92008
2. Owner
List the names and addresses of ail persons having any ownership interest in the property involved.
Carltas Company
5600 Avenida Encinas, Ste. 100
Carlsbad, CA 92008
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partner:
interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names
addresses of any person serving as officer or director of the non-profit organization or as trustee or benefic
_ j .»_ _ . . _ »of the trust.
(Over)
POLICY NO. 20EFFECTIVE DATE: 9J/39
PLANNING DEPARTMENT
ADMINISTRATIVE POLICY
-:.-•-:' iirative Policy No. li nade the standard provision for -oi-::-:i:-. ;i-
spaces to ~ave a minimal paved area of 3-1/2' x 17-1/2' with 2-1/2' :.er-».-: • - : :
acjacent :ancscaced area. The widespread acolication of this sol-:/ -u '"^: : :
i genera! deterioration of landscaped setsac* areas m ,rost ;rojec:i. -; :-•ii-'t. t!*e following policy snail ae applied:
':o :ar<ing overhang will te allowed into any required setback area.
1. :3|-<i-g overnang will be allowed only in special, specific stations is
and approved by tne Planning Director on a case ay case aasis.
:-i 10 case shall parking overhang be allowed for compact car spaces.
ve 3oHcy reoeals Administrative °oHcy NO. 11.
5Y:
Planning Director
MJH:ENM/lh
STATEMENT OF AGREEMENT
TENTATIVE PARCEL MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time
restriction on Engineering Department processing. This time limit can only be extended
by the mutual concurrence of the Applicant and the City. By accepting applications for
Tentative Parcel maps concurrently with applications for other approvals which are
prerequisites to the Map (i.e., Environmental Assessment, Environmental Impact Report,
Condominium Plan, Planned Unit Development, etc.), the fifty (50) day time limits are often
exceeded. If you wish to have your application processed concurrently, this agreement
must be signed by the Applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Parcel Map until aH prior
necessary entitlements have been processed and approved.
The Undersigned understands that the processing time required by the City may exceed
the time limits; therefore, the Undersigned agrees to extend the time limits for City
Engineer action and fully concurs with any extensions of time up to one (1) year from the
date the application was accepted as complete to properly review all of the applications.
SIGNATURE DATE
6*
NAME (PLEASE PRINT) RELATIONSHIP TO APPLICATION
(PROPERTY OWNER/AGENT)
N". -::r??"!\iE! i! 00 MCENTYRE & MITCHELL TEL:619 450 6493 p 002
s»tf /<*fc,tm
RECORDING REQUESTED BY: )
)
Chicago Title Company )
)
WHEN RECORDED MAIL TO: )
).
Grand Pacific Palisades LLC )
5900 Pasteur Court, Suite 200 )
Carlsbad, California 92008 )
Space Above for Recorder's Use
COMMON IMPROVEMENTS MAINTENANCE AND MAINTENANCE
COST-SHARING AGREEMENT
FOR
GRAND PACIFIC PALISADES RESORT, HOTEL, AND RESTAURANT
This Common Improvements Maintenance and Maintenance Cost-
Sharing Agreement for Grand Pacific Palisades Resort, Hotel and
Restaurant (the "Agreement") is made this day of ,
1998, by and between (i) Grand Pacific Palisades LLC, a California
limited liability company ("GPP"), with respect to Lots 2 and 3
referred to in the Recital paragraphs A. 1 and 2 below, (ii)
Carlsbad Ranch Company, L.P., a California limited partnership
("Carlsbad Ranch"), with respect to Lot 1 referred to in the
Recital Paragraphs A. 3 below, and Grand Pacific Palisades Owners
Association, Inc., California nonprofit mutual benefit corporation
("Association") , also with respect to Lot 2, all with regard to the
following facts, and is as follows:
RECITALS
A. GPP is the owner of that certain real property located in
the City of Carlsbad, County of San Diego, State of California,
legally described on Exhibit "A" attached hereto. Carlsbad Ranch
is the owner of that certain real property located in the City of
Carlsbad, County of San Diego, State of California, legally
described on Exhibit "B" attached hereto and made a part hereof.
A subdivision map is currently being processed by Developer with
the city of Carlsbad, by which, the land referenced to in both
Exhibits "A" and "B" will be subdivided into the following three
(3) lots (the "Lots"):
1. Lot 2, as owned by GPP, will be the Lot upon which
GPP will construct a condominium project consisting of: (i) an
anticipated 161 Vacation Condominiums in which Vacation Ownerships
(time-share estates) will be offered for sale and sold, and (ii)
certain Facilities/Amenities Condominiums, which will be retained
by GPP for use as various facilities and/or amenities (called here
the "Vacation and Facilities/ Amenities Condominiums Lot," the
"Vacation and Facilities/Amenities Condominiums Project," the
"Grand Pacific Palisades Resort", or simply the "Resort," as the
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context may require); in this connection, the Association is the
entity which will levy and collect assessments from the owners of
the condominium interests in Lot 2 to provide for maintenance of
such Condominiums;
2. Lot 3, as owned by GPP, will be the Lot upon which
GPP will construct and operate a hotel (called here the "Hotel
Lot," the "Hotel Project", the "Grand Pacific Palisades Hotel
Project," or simply the "Hotel," as the context nay require).
3. Lot 1, as owned by Carlsbad Ranch, or a successor,
will be the Lot upon which Carlsbad Ranch will construct a
restaurant (called here the "Restaurant Lot," the "Restaurant
Project," the "Grand Pacific Palisades Restaurant Project," or
simply the "Restaurant," as the context may require).
B. Viewed as a whole, the foregoing three Lots and Projects,
with their respective uses, are collectively called here the "Grand
Pacific Palisades Resort, Hotel, and Restaurant," or siuply the
"Total Project."
C. Because there will be common road circulation, access,
parking, drainage, and utilities, together with related streets,
sidewalks, parking areas, street lights, private improvements with
respect to traffic signal equipment, storm drain facilities, sewer
facilities, and landscaping (collectively called here the "Common
Ir.provements") over, through, and upon the Vacation and Facilities
Amenities Condominiums Lot, the Hotel Lot and the Restaurant Lot,
which comnon Improvements will benefit the respective owner(s) of
each of the foregoing Lots, it is reasonable that the owner(s) of
each such Lot pay its fair share of all maintenance costs (called
here "Common Maintenance Costs") required to maintain such Common
Improvements,
D, Accordingly, GPP, as to Lot 3, and GPP and the
Association, as to Lot 2, and Carlsbad Ranch, as to Lot 1, for
themselves and their respective successors in interest, wish to
enter into this Agreement which provides for the duty to maintain
such Common Improvements and for the allocation between the owners
of said three (3) Lots of such Common Maintenance Costs on a fair
and equitable basis.
NOW THEREFORE, GPP, as to Lot 3, GPP and the Association as to
Lot 2, and Carlsbad Ranch, as to Lot 1, hereby agree as follows:
1. Identification of Comnon improvements. GPP,
Association, and Carlsbad Ranch shall, on and on-going basis
least annually), identify each category of Common Improvement
referred to in Recital Paragraph C. above.
2. Ascertainment of Common Maintenance Costs and Duty
to Maintain. After identifying the Common Improvements as provided
in Paragraph 1 above, GPP, the Association, and Carlsbad Ranch
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01 HCENTVRE & MITCHELL TEL:619 450 6493
shall ascertain the Common Maintenance Costs which are expected to
be incurred in maintaining these Common Improvements. The owner(s)
of each respective Lot (except the Association on behalf of the
owners of the condominium interests in Lot 2) shall have the
primary duty to maintain that portion of Common Improvements
located on its respectively owned Lot.
3. Mafce Arrangements for Hiring and Allocation of
common Maintenance costs. After ascertaining the Common
Maintenance Costs as provided in Paragraph 2 above, GPP, the
Association, and Carlsbad Ranch shall make arrangements for the
hiring of such firms and individuals as they determine may best
provide the required maintenance of the Common Improvements.
Concurrently, they shall allocate the expected (and actual) Common
Maintenance Costs among themselves on a fair and equitable basis,
with each such Lot to pay its respective fair and equitable pro-
rata share thereof.
The determination of what is each Lot's respective "fair and
equitable pro-rata share" of such Common Maintenance Costs shall be
made by the agreement of the parties (with the Association's Board
of Directors to act on behalf of the Association) , after they have
considered and determined the respective use burdens placed upon
each respective Lot by its respective owners and users, as measured
by (but not necessarily limited to) such factors as the respective
number of rooms in the Resort and in the Hotel, the respective
square footages of such rooms, the respective occupancy rates, the
respective number of occupants per room, the number of customers
visiting the restaurant, and, otherwise, the respective number of
persons using or visiting each such Lot.
4. voting. Determination of the matters required to be
determined under Paragraphs 'l, 2, and 3 above, shall require the
unanimous agreement of GPP, the Association, and Carlsbad Ranch (or
their respective successors in interest). Where GPP, the
Association, and Carlsbad Ranch are unable or unwilling to make any
such required determination, the undecided issue may be referred by
any such party to arbitration in accordance with Paragraph 16.
5. Certain Maintenance Relating to Traffic Signal
Equipment. To be included as categories of Common Improvements as
defined in Recital Paragraph C. above, which must be maintained,
and for which maintenance, Common Maintenance Costs shall be
incurred, shall be all private improvements, special concrete
treatment, and landscaping related to the installation of the
traffic signal equipment located at the main entrance of the Total
Project,
6. onsite Improvements. Also to be included as
categories of Common Improvements as defined in Recital Paragraph
c. above, which must be maintained, and for which maintenance,
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Common Maintenance Costs shall be incurred, shall be all onsite
improvements constructed or to be constructed upon each Lot.
7. compliance with National Pollutant Discharge
Elimination system (NPDES) Permit. GPP, as to Lot 3, the
Association as to Lot 2, and Carlsbad Ranch, as to Lot 1, shall use
management practices as referenced in the "California Storm Water
Best Management Practices Handbook" to reduce surface pollutants
from said Lots to an acceptable level prior to discharge to any
sensitive areas. Such practices shall include, but not be limited
to, notifying each prospective owner and tenant of all or any
portion of, or any interest in, any of the three (3) Lots
(including without limitation, each vacation ownership owner of a
vacation ownership in Lot 2) of the following:
a. That owners and tenants are to coordinate
efforts to establish or work with established disposal programs to
remove and properly dispose of toxic and hazardous waste products;
b. That chemicals or hydrocarbon compounds such as
gasoline, motor oil, antifreeze, solvents, paints, paint thinners,
wood preservatives and other such fluids shall not be discharged
into any street, public or private, or into storm drain or storm
water conveyance systems;
c. That use and disposal of pesticides,
fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet federal, state, county and city
requirements as prescribed in their respective containers; and
d. That Best Management Practices shall be used to
eliminate or reduce surface pollutants when planning any changes to
the landscaping and surface improvements.
8. Required Sight Distance Corridors. The respective
owner of each of the three (3) Lots shall, together, create sight
distance corridors at all street intersections within the Total
Project, which corridors shall be in accordance with City of
Carlsbad Engineering Standards. In this connection, no structure, ^
fence, wall, tree, shrub, sign or other object over 30 inches above
the street level may be placed or permitted to encroach within any ,
such area identified as a sight distance corridor in accordance
with City of Carlsbad standard Public Street-Design Criteria,
Section 8.B.3. The respective owner(s) of each of the three (3)
Lots shall also maintain this condition.
9. Potential Hazards from Adlacent Property. The Total
Project is adjacent to property which is presently being used for
agricultural purposes. Pesticides, dust, and fertilizers may be
used by the owners and/or users of such adjacent land which could
present a hazard to the owners and users of each of the three (3)
Lots.
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NOV.-0.3:98 ITUEi 11:02 MCENTYRE & MITCHELL TEL:619 450 6493
10. Covenants for Easements. GPP, as to the real
property described in Exhibit "A", and Carlsbad Ranch, as to the
real property described in Exhibit "B", have respectively executed
two "Covenant for Easement" documents, one of which was recorded in
the Official Records of San Diego County on June 12, 1998 as
Document No, 1998-0356918, and the other of which was recorded on
June 12, 1998 as Document No. 1998-0356919. The purpose of each
such Covenant of Easement is to provide notice that the real
property described in Exhibit "A" and that described in Exhibit B
(which together will become Lots 1, 2, and 3) are both burdened and
benefited by the Common Improvements referred to in Recital
Paragraph C. above, that each owner(s) of each such Lot will be
entitled to enforce any rights such owner(s) may have with respect
to such Common Improvements, and that the City may enforce such
rights as well.
11.
a. General. The provisions of this Agreement may
be enforced by: (i) GPP, as to Lot 3 (or by any successor owner of
Lot 3) , (ii) by the Association, on behalf of the condominium
interest owners of Lot 2, (iii) by Carlsbad Ranch, as to Lot 1 (or
by any successor owner of Lot 1), and/or (iv) by the City of
Carlsbad in accordance with Subparagraph b. below.
b. Enforceakility by City of Carlsbad.
(1) General Enforcement by the city.
Notwithstanding anything in this Agreement to the contrary, the
City of Carlsbad (the "City") shall have the right, but not the
obligation, to enforce any of the provisions set forth in this
Agreement in favor of the City, or in which the City may have an
interest in enforcing, such as maintenance of the Common
Improvements.
(2) Failure of Developer and/or Association to
Maintain Common improvements. In the event GPP, the Association,
or Carlsbad Ranch, whichever may be the case, fails to maintain its
respective responsibility hereunder (the "Responsible Party") for
maintaining the Common Improvements, the City shall have the right,
but not the duty, to perform the necessary maintenance. if the
City elects to perform such maintenance, the City shall give
written notice to such Responsible Party setting forth with
particularity the maintenance which the City finds to be required
and requesting that same be carried out by the Responsible Party
within a period of thirty (30) days from the giving of such notice.
In the event such Responsible Party fails to carry out such
maintenance within the period specified by the City's notice, the
City shall be entitled to cause such work to be completed and shall
be entitled to reimbursement with respect thereto from the
Responsible Party as provided herein.
(3) Special Assessments Levied by City. In
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the event the City has performed necessary maintenance upon the
Common Improvements pursuant to Subparagraph (2) above, the City
shall submit a written invoice to the Responsible Party for all
costs incurred by the City to perform such maintenance, together
with a statement that, if Responsible Party fails to pay such
invoice in full within the time specified, the City will pursue
collection against the Responsible Party pursuant to the provisions
of this Subparagraph (c) . Said invoice shall be due and payable by
Responsible Party within twenty (20) days of its receipt. If
Responsible Party, as may be the case, shall fail to pay such
invoice in full within the period specified, payment shall be
deemed delinquent and shall be subject to a late charge in an
amount equal to six percent (6%) of the amount of the invoice.
Thereafter the City may pursue collection from the Responsible
Party by means of any remedies available at law or in equity.
Without limiting the generality of the foregoing, in addition to
all other rights and remedies available to the City, the City may
levy a special assessment against the owner(s) of the Lot
responsible for such payment for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall
constitute a charge on the Lot in question and shall be a
continuing lien upon such Lot. Each such owner (s) hereby vests the
City with the right and power, to levy such special assessment, to
impose a lien upon such respective Lot and to bring all legal
actions and/or to pursue lien foreclosure, procedures against any
such owner or such owner's respective Lot for purposes of
collecting such special assessment.
12. City of Carlsbad to Be Held Harmless. GPP, as to
Lot 2 and Lot 3 (or its successor in title, where GPP no longer
holds legal title) , and Carlsbad Ranch as to Lot l (or its
successor in title, where Carlsbad Ranch no longer holds legal
title) , in consideration for receiving approval from the City of
Carlsbad (the "City") to construct the various improvements upon
the Lot in question, hereby agrees to indemnify the City against
and hold it harmless from, and to defend it against (and pay its
related defense costs and attorneys' fees), the claim of any owner
or user of all or any portion of, or any interest in, such Lot,
arising from or relating to: (i) any drainage matter concerning
said Lot, (ii) any geologic failure, ground water seepage, land
subsidence, and/or any other damage which may occur to such Lot as
a result of the development of such Lot and/or (iii) any damage
suffered by an owner or user of said Lot from pesticides, dust,
and/or fertilizer used for agricultural purposes by the owner(s) or
user(s) of any real property adjacent to any of the three (3) Lots.
13. Term of agreement, unless the Resort, the Hotel, and
the Restaurant all permanently cease operation beforehand, this
Agreement shall continue in existence until December 31, 2068, upon
which date it shall be deemed terminated unless earlier extended by
both the Developer and the Association (or their respective
successors).
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14. Notices. Notices provided for in this Agreement
shall be in writing and shall be deemed sufficiently given either:
(i) when delivered personally to the party being noticed at the
appropriate address set forth below (in which event such notice 0
shall be deemed effective upon such delivery) , or (ii) 48 hours
after deposit of same in any United States Post Office box in the
state to which the notice is addressed, or (iii) 72 hours after
deposit of same in any such post office box other than in the state
to which the nbtice is addressed, postage prepaid, addressed as set
forth below. Any notice to GPP shall be addressed to: 5900
Pasteur Court, Suite 200, Carlsbad, California 92008; any notice to
the Association be addressed to: 5805 Armada Drive, Carlsbad,
California 92008; and any notice to Carlsbad Ranch shall be
addressed to: 5600 Avenida Encinas, Ste. 100, Carlsbad, California
92008.
15. Amendmenta. Any amendment of this Agreement shall
be evidenced by an instrument in writing, signed and acknowledged
by both GPP, the Association (acting through its President or other
authorized officer) and by Carlsbad Ranch (or by their respective
successors in interest). Notwithstanding any other provision in
this Agreement, until the closing of the first escrow for the sale
of a vacation ownership in the Resort, GPP shall have the absolute
and unilateral right to terminate this Agreement by recordation of
an appropriate termination instrument.
16. Arbitration of Disputes. In the event of a dispute
or question of interpretation between or among GPP, the
Association, or Carlsbad Ranch (or their respective successors in
interest), arising out of, or relating to, the provisions of this
Agreement, or in the event such parties are unable to or unwilling
to agree upon the categories of Common Improvements as referred to
in Paragraph 1, or are unable or unwilling to ascertain the Common
Maintenance Costs as referred to in Paragraph 2, or are unable or
unwilling to make arrangements for the hiring of firms and
individuals to provide the required maintenance of the Common
Improvements as referred to in Paragraph 3, or are unable or
unwilling to determine the amount of each lot's respective "fair
and equitable pro-rata share" of Common Maintenance Costs as
referred to in Paragraph 3, any such party may cause the dispute,
question of interpretation, or undecided issue to be referred to,
and be decided by, binding arbitration in San Diego County,
California, to be administered by, and to be in accordance with the
then prevailing commercial rules of, the American Arbitration
Association. The decision of such arbitrator upon any such
dispute, question of interpretation, or undecided issue shall be
final and conclusive.
17. Attorneys' Feea. in the event arbitration or any
other legal action is instituted to enforce or interpret any of the
provisions contained in, or to resolve any dispute relating to,
this Agreement, the party prevailing in such action shall be
entitled to recover from the losing party thereto such prevailing
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party's reasonable attorneys' fees and costs of such arbitration or
other legal action (if tne arbitrator or judge determines that
there is such a "losing" party).
18. successors. The provisions of this Agreement shall
inure to the benefit of, and shall be binding upon, GPP, the
Association (including all Members thereof), and Carlsbad Ranch,
and any and all successors thereof (including as to Lot 2, without
limitation, all vacation ownership owners of vacation ownerships
and other condominium interest owners in Lot 2).
GRAND PACIFIC PALISADES LLC,
a California limited liability
company
By:.
Timothy J. Stripe,
Co-President
By:
David S. Brown, Co-President
and Secretary
"GPP"
GRAND PACIFIC PALISADES OWNERS
ASSOCIATION, INC., a California
nonprofit mutual benefit
corporation
By:
Eric M. Siegel,
President
"Association"
CARLSBAD RANCH COMPANY, L.P.,
a California limited partnership
By: carltas Management, a
California Corporation, a
General Partner
By:
Christopher c. Calkins,
President
"Carlsbad Ranch"
8,-a11 -03\docs\nvaint. agr
(November 2, 1998)
\:V -03'-5S(TUE 11-03 MCENTYRE St MITCHELL TEL: 619 450 6493 p, OK
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On__ __ , before me, ,
Notary Public, personally appeared Timothy J. Stripe and David S.
Brown, personally known to me (or proved to roe on the basis of
satisfactory evidence) to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their
signature on the instrument, the persons, or the entity upon behalf
of which the persons acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On __ _, before me, ,
Notary Public, personally appeared Eric M. Siegel, personally known
to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal. (Seal)
Signature
g,-a11-Q3\docs\maint.agr
(Novefrber 2, 1998)
•03-5*;TUE) 11.03 MCENTYRE fc MITCHELL TEL:619 450 5493 ?, 01
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , before me, ,
Notary Public, personally appeared Christopher C. Calkins,
personally Jcnown to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal. (Seal)
Signature _^______________ ^______^__
gr«11-03\doc3\maint.agr
(Novenfcer 2, 199B)in
11 03 MCENTYRE & MITCHELL TEL:619 450 6493
EXHIBIT "A"
LOT 2 OF PARCEL MAP NO. 17877, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7,
1997.
EXHIBIT "A"
gral1-03\docs\maint.agr
CNovember ?. 1998)
1 1
MCENTYRE & MITCHELL TEL:619 450 6495 P. 013
EXHIBIT "B"
LOT 1 OF PARCEL MAP NO. 17877, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7,
1997.
EXHIBIT "B"
gra11-03\docsVmaint.agr
2, 1998)
1 1