HomeMy WebLinkAboutCT 93-01; Continental Ranch Inc; 1997-0287913; Recreational Vehicle Storage Facility Agreementi
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!-, It 1997-0287913 20-JUH-1997 12~05 PM
DFFICIhl RECDRDS SAN DIE60 CDUNTY RECORDER’S OFFICE GREGDRY S;;Tb ~N~~E~EC~ER RF: 15:OO
: 28.00 AF: tlF: 1.00
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive 1
Carlsbad, California 9200% 1989 )
Space above this line for Recorder’s use
RECREATIONAL VEHICLE STORAGE FACILITY AGREEMENT
(RANCH0 CARRILLO)
This Recreational Vehicle Storage Facility Agreement (“Agreement”) is made as
of & /3,/s97 , 1997, by and between Continental Ranch, Inc. a Delaware
corporation (“Developer”) and the City of Carlsbad, a California municipal corporation
(“City”), with reference to the following:
A. Developer is the owner and developer of approximately 690 acres of real
property located south of Palomar Airport Road and adjacent to the City of San Marcos.
Developer has received from City various approvals to develop the property as a
master planned community commonly referred to as “Ranch0 Carrillo.”
B. Among the various approvals for the development of Ranch0 Carrillo, is a
Master Plan; a Local Facilities Financing Plan; Planned Unit Development Permits PUD
No. 93-07, PUD 95-04 and PUD 9505; and Tentative Subdivision Maps CT 93-01, CT
93-04, CT 93-08 and CT 95-06 (collectively, “Tentative Maps”) for the real property.
Conditions 33 (CT 93-Ol), 26 (CT 93-04), 29 (CT 93-08) and 33 (CT 95-06) require
Developer to construct a Recreational Vehicle Storage Facility (“RV Storage”) to serve
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the lots which will be developed. Developer’s obligation to construct the RV Storage
shall be described in an agreement prior to the first final map being recorded. The
parties intend that this Agreement shall satisfy Conditions 33, 26, 29 and 33.
C. The parties recognize that the construction of the permanent RV Storage,
as described in the Master Plan, will satisfy all of the recreational vehicle storage
requirements for the entire Ranch0 Carrillo project. In that regard, the parties intend for
this Agreement to satisfy all of the interim recreational vehicle storage requirements for
the approved Tentative Maps and any future final maps which are approved within
Ranch0 Carrillo until the permanent RV Storage is constructed. The total area of such
interim RV Storage facility shall be consistent with the standard of the City’s Planned
Development Ordinance.
NOW THEREFORE, in consideration of the mutual promises described herein,
the parties agree as follows:
1. Initial RV Storage. Prior to the occupancy of the first residential unit
within any Village, as described in the Ranch0 Carrillo Master Plan, the Developer shall
construct an initial RV Storage facility on Lot 104 of CT 93-04 as conceptually depicted
on attached Exhibit “A.” The initial RV Storage facility shall be a minimum of 9,080
square feet in size. All perimeter landscaping and screen walls shall be constructed
with the initial RV Storage facility as approved pursuant to Planning Commission
Resolution No. 3706. The interim storage facility shall be covered with decomposed
granite surfacing. Developer shall be solely responsible for the maintenance of the
initial RV Storage.
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2. Permanent RV Storage. Prior to the issuance of the building permit for
the 454th dwelling unit, Developer shall have completed construction of the permanent
paving, walls, gates, and landscaping of Lot 104 as approved pursuant to CT 93-04 and
conceptually depicted on attached Exhibit “B.” Upon completion of the permanent
improvements to this area, the maintenance of this area shall be turned over to the
Master Homeowners Association.
3. Right To Withhold Building Permits. City shall have the absolute and
unfettered right to withhold the issuance of any building permit, commencing with the
455th residential building permit within Ranch0 Carrillo, until Developer has completed
and City has approved the permanent improvements on Lot 104 of CT 93-04, as
described in Paragraph 2 above.
4. Development Permits, Maps, Documents And Maintenance.
Developer shall at its sole expense, prepare and diligently process all building, electical,
and plumbing permits and landscape plans that are necessary to construct the RV
storage a discussed herein. Furthermore, Developer or its successors or assigns, shall
be solely responsible for maintenance of the RV Storage facility to the standards as
setforth in the Master Homeowner Association CC&Rs.
5. General Provisions.
a. Authority of Sionatories. Each individual signing this Agreement on
behalf of the City warrants that (i) he or she is duly authorized to sign and deliver this
Agreement on behalf of the City and (ii) this Agreement is binding upon the City in
accordance with its terms. Each individual signing this Agreement on behalf of a
corporation or limited liability company warrants that (i) he or she is duly authorized to
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sign and deliver this Agreement on behalf of the corporation, in accordance with a duly
adopted resolution of the board of directors of the corporation or in accordance with the
bylaws or operating agreement of the corporation or limited liability company, and (ii)
this Agreement is binding upon the corporation or limited liability company in
accordance with its terms.
b. Counterparts. This Agreement may be signed in any number of
counter parts, each of which will be-deemed to be an original, but all of which together
will constitute one instrument.
C. Aonlicable Law. This Agreement will be construed and enforced in
accordance with the laws of the State of California.
d. Successors. All terms of this Agreement will be binding upon and
insure to the benefit of the parties and their respective administrators or executors,
successors and assigns.
e. Modifications. No modification, waiver or discharge of this
Agreement will be valid unless the same is in writing and signed by the parties of the
Agreement.
f. Entire Agreement. This Agreement contains the entire agreement
between the parties relating to the transaction contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statements, oral
or written are merged herein.
cl. Exhibits. The exhibits referred to in this Agreement are attached
and are a part of this Agreement.
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h. Captions. Captions in this Agreement are inserted for convenience
of reference only and do not define, describe or limit the scope or the intent of this
Agreement.
i. Recording. The parties hereto shall cause this Agreement to be
recorded by the County Recorder of the County of San Diego.
IN WITNESS WHEREOF, City and Developer have signed this
Agreement on the date first set forth-above.
CONTINENTAL RANCH INC.,
;“yzyio&
(Sign here)
av/b /@e CITY
(Print name here) Agreeing Party
Y/.&-a B *
(Sign here)
(Print name here) Agreeing Party
CITY OF CARLSBAD, a municipal
corporation of the State of California
MICHAEL J. HOEMILER,
Planning Director
ATTEST: aliSkdr4. !i?h
ALETHA L. RAUTENKRANZ, City Cle\k
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By :“. &c,t\. ,\ i&- ‘Z
City Attohdy
(Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached).
(President or vice president m 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)
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Hd,tkl/q. /9Q3 / .- ’ Notary Public,
known to me -
narnq@$k’@ subscribed to the within instrument and acknowledged to me that #@k/$@
executed the same in l$/l$r/f$$ authdrized capacity‘@, and that by h$k$r/@ signature
on the instrument the person@ or the entity upon behalf of which the perso@cted, executed
the instrument.
WITNESS my hand and official seal.
/ (dgnaturedf Notary)
-Street Sap
Planting
Community Theme H
\
I:. p .A.
+ Size varies depending upon number of units occupied (See agreement)
RV Storage Area
Initicd Improvement
I2916 3-97
‘otacklng distance
92: rrakf stafis {9’X3C’)
Natlve vegetation
Planter with trees
El Fuerte streetscape
20’ maintenance
6’ high open fence Village Fence
Landscaping screening
. . ‘.