HomeMy WebLinkAboutCT 85-10; Centex Real Estate Corporation; 1995-0369574; Petition & Waiverf '3 y 8 T"P. ":& &pi +$ &$ I =a- 2.
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
City Clerk 1
CITY OF CARLSBAD 1
Carlsbad, CA 92008 1 ET; . $8 1% OB
1200 Carlsbad Village Drive ) 1389
SPACE ABOVE THIS LINE FOR RECORDER'$
Parcel Nos. 264-010-07
PETITION, WAIVER AND CONSENT TO CREATION
OF A COMMUNITY FACILITIES DISTRICT
AND AGREEMENT TO PAY FAIR SHARE
CT 85-10 RICE PROPERTY
WHEREAS, the undersigned Property Owner at this time is processing for develc
within the City of Carlsbad (hereinafter referred to as "City") a development project
and identified as Tentative Tract Map CT 85-10 (hereinafter referred to as the "Project
WHEREAS, the legal description for Project is shown on Exhibit "B" attached
and
WHEREAS, City has determined this Project to be located within the boundarj
proposed Community Facilities District known as Community Facilities District N
Rancho Santa Fe and Olivenhain Road (hereinafter referred to as "District"); and
WHEREAS, District is intended to be formed to finance those improvements ge
described in Section 1 herein; and
WHEREAS, Property Owner desires to proceed with processing prior to the foi
of District; and
WHEREAS, the Local Facilities Management Plans for Zone 11 requires the gu
of construction of the segments of Rancho Santa Fe Road and Olivenhain Road descr
Section 1 herein prior to the recordation of any final mags or the issuance of building
within the zones; and
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WHEREAS, Condition Nos. 67, 68 and 70 of Tentative Tract Map CT
("Conditions") require, among other things, that the Property Owner provide f
construction of certain public improvements including sections of Rancho Santa Fe Ro
Olivenhain Road; and
WHEREAS, compliance with the applicable Local Facilities Management Pk
Zone 11 and tentative map conditions is a condition of approval for the final map
Project; and
WHEREAS, the City and Property Owner desire to agree to an alternate met
financing the improvements described in Section 1 herein that will allow Property OF
discharge its fair share obligation for said improvements in lieu of participation in Distri
WHEREAS, the City Council agrees that Property Owner, upon entering in
agreement and upon payment of the fair share described herein, has met the requirem
forth in the Local Facilities Management Plan for Local Facilities Zone 11, and
Conditions to provide a financial guarantee for the construction of those improv
described in Section 1 below; and
WHEREAS, Property Owner voluntarily enters into this agreement; and
WHEREAS, the City Council has determined that due to the size of the pr
development, there will be no major impact on the circulation system at the present
development of the Project is allowed to proceed with sufficient financial guarantees foi
construction of Property Owner's fair share of the circulation improvements;
NOW, THEREFORE, in consideration of proceeding with the processing of E
the undersigned Property Owner hereby agrees and certifies to the following:
I. Property Owner hereby petitions the City for the initiation of proceedi
the formation of District which will cause the construction and installation and/or finan
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.I e 0 the following improvements which are generally described as follows:
a) Rancho Santa Fe Road North Phase 1 (RSF No. 1) La Costa Avenue
of Mahr Reservoir
b) Olivenhain Road Widening, -- and intersection improvements at Olivenhi
El Camino Real
e) Rancho Santa Fe Road North Phase 2 (RSF No. 2) Phase 1 End to h
Drive
d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondary Ar
Encinitas City Boundary to Olivenhain Road Full Improvements)
2. The cost of construction, engineering, legal and other incidental expens
be funded by the District.
3. Property Owner acknowledges its right to notice of and participation
phases of formation under the "Mello-Roos Community Facilities Act of 1982," ex
waives the proceedings required and all limitations contained in Title 5, Division 2, C
2.5 of the California Government Code and nonetheless with full knowledge of such
completely and forever waives such rights. Specifically, Property Owner hereby con2
the proceedings and waives any right to protest the formation of the District and the o
of the improvements under applicable California statutes and consents to and SI
formation of said District. The City shall exclude Property Owner frlom the District ba
map if, prior to the adoption of a Resolution of Intention by the City Council to foi
District, Property Owner has entered into this agreement and has paid to the City all a
due as described herein.
4. a) Property Owner agrees to pay to City its fair share for the improv
described in Paragraph 1.
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e 0
b) Said payment shall be made in the manner described in Exhibit "A" Rd
Method for Determining Fair Share Obligation Rancho Santa Fe and Olivenhain Road,
is incorporated herein by reference.
c) The amount of Property Owner's fair share will be conclusively detei
by the City Council in the manner described in Exhibit "A" attached hereto.
d) Payment by Property Owner of its fair share of improvement cc
determined by City Council and set forth herein will satisfy its obligations for the const
of the improvements described in Paragraph 1, as required by the Local Facilities Manal
Plan for Zone 11 and related Conditions, subject to adjustment as described in Paragr,
e) Alternatively, if the District is formed and Project is included wi
Property Owner's obligations to pay its fair share pursuant to the agreement shall be s;
upon payment of all taxes imposed, established and payable to said District.
5. Property Owner acknowledges that this agreement to gay its fair sha
participate in the financing of improvements is voluntary and that without this agrl
Property Owner would be precluded from obtaining final map approvals or building an
development permits under the provisions of the General Plan, Chapter 21.90 of the C,
Municipal Code, applicable zone plan, financing plans and related documents
satisfactory financing program had been developed to fund the construction
improvements described in Section 1.
6. Property Owner hereby waives his right to challenge the amount, establi
or imposition of said fair share and further waives any rights to pay said fair sharc
protest.
7. This agreement does not affect, in any way whatsoever, the obliga
Property Owner to pay any other fees or assessments associated with Property C
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0 0 development. Nor does this agreement relieve Property Owner from providing other
facilities required under conditions of the Local Facilities Management Plan for Zone
placed upon tentative map CT 85-10 by the City.
8. Property Owner agrees that payment of its fair share is not a fee and wail
and all rights to notice of or challenges to the establishment or imposition of said fair SI
a fee under provisions of Government Code sections 66000 et seq. , or any successor or
statutes.
9. a) If the District is formed subsequent to the payment by Property Owner
fair share pursuant to this agreement, Property Owner’s financial obligation st
recalculated using the taxing formula established for the District. If that obligation is di
from the amount previously paid by Property Owner to City, City shall refund any exc
Property Owner will pay to City any additional amount due (Shortfall).
b) Any refund shall be made from funds available within District upon 1
formation and shall not be an obligation of City’s General Fund or other revenue SOUI
c) In the event that insufficient funds are available from District’s resc
Property Owners shall be reimbursed in the order in which funds were deposited with 1
soon as sufficient funds become available, as determined by the City Council, throL
payment of one-time taxes or annual undeveloped land taxes to the District. The Citj
required to establish an undeveloped land tax within the District to provide such refun
d) No reimbursement is required until the City Council determines that su
funds are available. Any refund to Property Owner shall not include interest.
e) If a shortfall exists, Property Owner shall be notified of the amount t
Shortfall by the Finance Director via certified mail. The amount of said Shortfall shall
and payable to City thirty (30) days after the mailing of such notice.
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$4 0 0
f) The computation of the amount of any Shortfall shall not include j
charges.
g) If no payment of the Shortfall is made by Property Owner within thir
days of notice of said Shortfall by the Finance Director, City may deny the issuance of b
permits and/or take any other action allowed by law to deny further development of pi
subject to this agreement and to collect such Shortfall including, but not limited to, a
the property. City’s recordation of a lien shall not affect its ability to recover the Shor
other legal means concurrently, but no double recovery will be allowed, The cost (
collection shall be an obligation of Property Owner and shall be added to the amount
Shortfall payment due City.
h) Any payment received by the City under this agreement shall be depoi
a special fund and may only be used to fund the construction of the facilities described
Upon the formation of a CFD to fund these same facilities any amount remaining in the
fund may be transferred to the CFD Fund, at the discretion of the Finance Director.
10. If the District has not been formed for any reason by January 1, 1999, the a
payable by Property Owner under this agreement shall represent Property Owner’s fai
cost for provision of those facilities described in Paragraph 1 and no additional fee, asse:
or charge will be due from or reimbursement due to Property Owner.
11. Compliance with this agreement will be accepted by City as an alternate
method described in the current Local Facilities Management Plan for Zone 11 for fir
the improvements described in Paragraph 1. This agreement does not require City t
building permits or other development permits or grant approvals or relieve Property
of the obligation to comply with all applicable provisions of law, including but not lim
Carlsbad Municipal Code Titles 18, 19, 20 and 21.
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e e 12. Compliance with the provisions of this agreement is a condition of all
discretionary approvals for the Project. If Property Owner does not comply with the pro’
of this agreement, approval of the Project will not be consistent with the General Pk
Growth Management Program, the Local Facilities Management Plan or the agp
financing plan for Zone 11 and all subsequent discretionary approvals and permits j
Project shall be withheld by City.
13. In addition, the City will not approve any pending final maps, issue gi
building or other development permits or take any discretionary action until the PI
Owner has complied with the terms of this agreement due to be satisfied at the tim
approval is requested.
14. The City may, at its discretion, elect to pursue any remedy, legal or eq
against Property Owner and Property Owner’s successors, heirs, assigns, and transferee
the exception of owners of individual lots for which building permits have been issi
secure compliance with this agreement.
15. City shall not, nor shall any officer or employee of City, be liable or respc
for any loss or damage incurred by Property Owner or any successor or assign of PI
Qwner, or by any occupant in Property Owner’s buildings, as a result of the exercise
remedies provided to City in this agreement. Property Owner agrees to indemnify City j
liabilities incurred by City as a result of City’s exercise of these remedies.
16. This agreement and the covenants contained herein shall be binding upon an
to the benefit of the successors, heirs, assigns and transferees of Property Owner and C
shall run with the real property and create an equitable servitude upon the real propen
17. All notices provided for under this agreement shall be in writing and s
delivered in person or served by certified mail postage prepaid. Delivery of notice to PI
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0 0 Owner shall be presumed to have been made on the date of mailing regardless of recc
Property Owner. Notices required to be given to Property Owner shall be addres
follows:
Mark Rohrlick, Vice President
Centex Real Estate Corporation
5962 La Place Court
Suite 250
Carlsbad, CA 92008
Notices to the City shall be delivered to the Finance Director, City of Ca
1200 Carlsbad Village Drive, Carlsbad, CA 92008.
Each party shall notify the other immediately of any change that would requ
notice delivered hereunder to be directed to another party.
18. This agreement shall be recorded but shall not create a lien or security intc
the property.
19. The undersigned further states, under penalty of perjury, that he is the OP
the property as described herein, or an authorized agent of the owner, and has the au
to execute this document, including the binding authorizations herein.
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0 , 19s e -. a
' Executed this //3ay of
PROPERTY OWNER
CENTEX REAL ESTATE, a Nevada Corporation
(Name of Property Owner)
CITY OF CARLSBAD, a municipa
CLAUDE A LEWIS, Mayor
(print name here)
(print name here)
hil6m.i Vkkf f&&&-i%dT
(title and organization of signatory)
(Notarial acknowledgment of execution by PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corpor
If only one officer signs, the corporation must attach a resolution certified by the secre
assistant secretary under corporate seal empowering that officer to bind the coqoratio
APPROVED AS TO FORM:
RONALD R. BALL
Bepnty City Attorney pv rc-S<
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h.
CALIFORNIA ALL-PURPO a ACKNOWLEDGMENT e
and acknowledged to me that he/she/they executed
same in his/her/their authorized capacity(ies), and tha
his/her/their signature(s) on the instrument the person
or the entity upon behalf of which the person(s) ad
executed the instrument.
Though the information below IS not required by law, it may prove valuable to persons relying on the document and couldprei
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
0 Corporate Officer
Title(s):
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association * 8236 Rernmet Ave , PO Box 7184 - Canoga Part, CA 91309-7184 Prod No 5907 Reorder Call Toll-F
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0 e EXHIBIT
RATE AND METHOD FOR DETERMINING
FAIR SHARE OBLIGATION
RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD
The City Council shall use the following rate and method for determining the fair
obligation for funding the construction of Rancho Santa Fe Road and Olivenhain Ro:
from property conditioned to participate in the financing of these facilities, This calci
is done as part of an agreement titled PETITION, WAIVER AND CONSENT TO CFEA
OF A COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SI
(Agreement) which has been voluntarily entered into by the City of Carlsbad and f property owners wishing to proceed with the development of their property in advance
creation of Community Facilities District No. 2 (CFD No. 2). It is the City and pr
owners intent to form CFD No. 2 to provide funding for those improvements described
the above referenced agreement.
The following rate and method shall be used to determine the fair share and amount dul
any property owner wishing to take advantage of this alternate funding mechanism.
Basis for Cost Allocation
The basis for allocation of costs to property conditioned with the financing of the improvc
described in the Agreement shall be the Equivalent Dwelling Unit (EDU) which is defi
follows for residential developments:
Residential EDU Allocation
Single Family - Detached Units 1.0 EDU
Single Family - Attached Units 0.8 EDU
Multi Family Units 0.6 EDU
The number of each type of unit included in a development shall be determined by tl
Engineer based on the most recent final map submitted to the City for approval.
The EDU determination for non-residential development shall be made by the City Er
when such a determination is requested by the property owner. The City Engineer may 1
additional information from any property owner as may be necessary to ma
determination. The City Engineer is not required to make a determination on the nun
EDUs for any project until adequate information is available.
The City Engineer’s determination shall be submitted to the City Council in the staff
accompanying the Agreement. The City Council shall make the final determination
number of EDUs tu be used in computing the fair share obligation for any project.
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Fair Share Amount a).- % ethod of Puvment 0
The City shall collect $13,290 for each EDU as determined by the City Council. This s
shall be collected in two separate payments, $10,250 per EDU to be paid as described
and $3,040 per EDU at the time a building permit is issued. The manner of payment i
fully described below.
The Property Owner shall pay their fair share to the City of Carlsbad in the following IT
I) a) Because the Property Owner intends to divide the Project into phases, rwuir approval of multiple final maps, the Property Owner shall, upon execution
agreement, provide the City with a Letter of Credit from a financial ins1
acceptable to the Finance Director, for the amount shown on the table belo
any amount paid under the agreement.
Following execution of the Agreement to Pay Fair Share, and prior to the ai
of a final map by the City Council, the Property Owner shall pay to the (
amount equal to the number of EDUs included in said final map, as determi
the City Engineer, times $10,250 for all units included on the subject fina
If the City Council determines that the City Engineer’s calculation of the n
of EDUs included on the final map is in error, the Council shall direct th
Engineer to amend his calculations and direct staff to bring the final map bz
approval when such correction has been made. The Property Owner shall
the right to phase the approval of final maps as allowed by the City Enginer
shall only be required to pay the obligation for those units receiving final apl
The Property Owner shall pay the amounts due for each successive phase p
the approval of each final map. The Finance Director may authorize a rec
in the amount of the Letter of Credit following such subsequent payments.
b)
c)
Computation of Fair Share Obligation
Rice Property CT 85-10
2) Prior to the issuance of a building permit by the City the property owners shall pay to tl
an amount equal to the number of EDUs included on such building permit, as determi
the City Engineer, times $3,040.
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3) a) If the Pro @ bL y Owner has already obtained a final ilGb for units conditioned u
financing of Rancho Santa Fe and Olivenhain Road, the Property Owner shall pa!
City the amount equal to $10,250 times the number of EDUs included on such fir
as determined by the City Council prior to entering into this agreement
Prior to the issuance of a building permit by the City the Property Owner shall pa:
City an amount equal to the number of EDUs included on such building per
determined by the City Engineer, times $3,040.
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b)
4) The City Engineer shall prepare a report detailing the calculation of the number of
associated with this agreement. Said report shall be made available to the City Cour
Property Owner for review.
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1 @ 0 EXHIBI' i
LEGAL DESCRIPTION
CT 85-10
RICE PROPERTY
THE EASTERLY HALF OF LOT 14 AND A PORTION OF THE
WESTERLY HALF OF LOT 14. AND THE SOUTH 60 FEET OF
THE WEST HALF OF LOT 14 OF RANCHO LAS ENCINITAS
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO 848, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JUNE 27, 1898.
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