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HomeMy WebLinkAboutCT 93-01; Continental Ranch Inc; 1997-0287913; Recreational Vehicle Storage Facility Agreementi If 5 : J L 1406 !-, 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 . -- . * I 7 \ 140’2 z 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. -2- 1408 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 -3- 1409 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. -4- 1410 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) -5 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 . . ‘.