Loading...
HomeMy WebLinkAboutAD 88-01; Aviara Land Associates LP; 0; Assessment District Related DocumentCONSENT AND WAIVER AGENCY: CITY OF CARLSBAD WHEREAS, the above Agency has initiated proceedings and scheduled a public hearing under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements to benefit properties within the boundaries of a special assessment district, said assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1, (hereinafter referred to as the "Assessment District"; and, WHEREAS, at this time certain changes and modifications are proposed to be made to the assessment of property owned by the undersigned property owner(s); and, WHEREAS, the undersigned property owner(s) acknowledges that pursuant to the provi- sions of the "Municipal Improvement Act of 1913", property owner would be entitled to additional notice of the proposed increase in the assessment against the property. The undersigned, however, acknowledges that he is aware of the proposed increase in the assessment against the property and waives any and all right which he may now have to further notice pertaining to the proposed increase in the assessment against the property and any and all right which he may have to protest the modification to the proposed improvements resulting in said increased assessment. NOW, THEREFORE, it is hereby declared by the undersigned property owner(s) as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the undersigned property owner(s) hereby consents to the proposed modification and amendment to the assessments as hereinafter set forth: ASSESSMENT PROPERTY ORIGINAL PROPOSED NUMBER DESCRIPTION ASSESSMENT MODIFICATION 99 215-592-05 $313,900.00 NOT TO EXCEED $450,000.00 REASON FOR PROPOSED MODIFICATION: To reflect benefit based upon an increase in the number of projected daily trips. SECTION 3. That property owner(s) hereby acknowledges the above proposed changes and modifications and requests the Agency to proceed at this time to order said changes and modifications. DATED : see attached PROPERTY OWNER PROPERTY OWNER AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership GENERAL PARTNERS AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara By: Republic Development Company, a Califorfi corporation, Vice -P%s ident Address: c /jh--- Assistant Secretary Assistant Secretary Hillman Properties West, Inc. 450 Newport Center Drive, Suite 304 Newport Beach, California 92660 TAT Aviara, LTD, a Address: TAT Aviara, Ltd., A California corporation c/o TSA Development Company, Ltd. 8910 University Center Lane The Aventine, Suite 440 San Diego, California 92122 lao resort.aoo .- STATE OF CALIFORNIA COUNTY OF San Diego I I ss: I I On July 10. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Takeshi Sekimchi, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and Hideki Hayashi, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of TAT Aviara, Ltd., a Hawaii corporation, the corporation that executed this instrument on behalf of Aviara Resort Associates Limited Partnership, a California limited partnership, the partnership that executed this instrument, and acknowledged to me that the corporation executed this instrument as such partner and that such partnership executed it. WITNESS my hand and official seal. NOTARY PUBLIC I STATE OF CALIFORNIA I COUNTY OF San Diego I ss. I On July 10. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. I STATE OF CALIFORNIA I COUNTY OF San Diego I ; ss: I On July 10. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secr etarv, of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associated Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) , STATE OF CALIFORNIA COUNTY OF San Diego I I ss. I I On Julv 10. 199Q before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF San Diego I I ss: I I On Julv 10. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President, of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associated Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. - NOTARY PUBLIC (Seal)