HomeMy WebLinkAboutCT 85-19; Darby Creek/Carlsbad LLC; 1998-0001809; Petition & WaiverRECORDING REQUESTED BY r4/ Q/ (-&?J&&Jt>
WhEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
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WHEREAS, the compliance with tentative map conditions is a condition of app
the final map for the Project; and,
WHEREAS, the City and Property Owner desire to agree to an alternative m
financing the improvements described in Section 1 herein that will allow Property (
discharge its fair share and obligation for said improvements in lieu of, or in anticir
participation in District; and,
WHEREAS, the Ci
agreement and upon p
forth in tentative m
construction of Pr
the formation of District which will cause the construction and installation and/or financii
following improvements (hereinafter “Improvements” which are generally described as fc
Rancho Santa Fe Road North Phase 1 (RSF No.1) La Costa A\ a)
east of Mahr Reservoir
b) Olivenhain Road Wideninq, and intersection improvements at 01
and El Camino Real
c) Rancho Santa Fe Road North Phase 2 (RSF No. 2) Phase 1
Melrose Drive.
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d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondan
Standard - Encinitas City Boundary to Olivenhain Road Full Improvements.
2. The cost of construction, engineering, environmental mitigations legal E
incidental expenses as set forth in the Improvements budget will be funded by the Distrii
Property Owner acknowledges its right to notice of and participation in a 3.
of formation under the "Mello-Roos Co
proceedings required and a
California Government
Act of 1982," expressly WI
on 2, Chapter 2.
and waives any r' rmation of the District and t
Owner has en
Exhibit "A", Rate and Metho
Olivenhain Road, which is incorporated herein by reference.
ion Rancho Santa
c) The amount of Property Owner's fair share will be conclusively
determined by the City Council in the manner described in Exhibit "A" attached hereto.
d) Payment by Property Owner of its fair share of improvement (
determined by City Council and set forth herein will satisfy its obligations for the constri
the improvements described in Section I, as required by City Council Resolution P
condition "A", as that condition applies to CT 85-19, subject to adjustment as des(
Section 9 herein.
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e) Alternatively, if the District is formed and Project is included
Property Owner's obligations to pay its fair share pursuant to the agreement shall be
upon payment of all taxes imposed, established and payable to said District.
5. Property Owner acknowledges that this agreement to pay its fair st
participate in the financing of improvements is voluntary and that without this a!
Property Owner would be precluded fro I map approvals or building E
development permits under
Municipal Code, applic
ter 21.90 of the
and all rights to notice of or c osition of said fair sh
fee under provisions of Government Code section 66000 et sea., or any successor o
statutes.
9. a) If the District is formed subsequent to the payment by Property (
the fair share pursuant to this agreement, Property Owner's financial obligation
recalculated using the taxing formula established for the District for the improvements d
in Paragraph 1. If that obligation is lower than the amount previously paid or pro
Property Owner to City, City shall refund any excess, in the manner described below.
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b) Any refund shall be made from funds available within District up0
formation and shall not be an obligation of City's General Fund or other revenue source:
In the event that insufficient funds are available from District's re
Property Owner shall be reimbursed in the order in which funds were deposited witt
soon as sufficient funds become available, as determined by the City Council, thrc
payment of one-time taxes or annual u taxes to the District. The C
required to establish an unde vide such refund.
c)
ent received by the City un
facilities descri
amount remai
the Finance Di
paying for the construction of the Improvements (Revenues). The Finance Director s
compare the amount of Costs and Revenues to determine if there are any excess Revc
described below. If excess Revenues of more than $100,000 exist, the Finance Direc
provide refunds to all eligible parties of all excess Revenues in an amount and in the
described below. If excess Revenues are equal to, or less than $100,000 the City sh
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these funds in a special fund to be used to finance street repair, maintenance, and Ian(
within the Improvements.
a) The total amount of excess Revenues shall be determined by deducting the
of the project Costs from the available Revenues. Total project Costs shall include all
plan, design, construct, mitigate environmental impacts, inspect, and otherwise coml
services. Total Revenues sh dedicated exclusivc
construction of the Im
CFD No. 2 taxes, a
Units construc
CFD No. 2 an
determined by mu
revenues.
party must request to be includ equest must be mal
90 days after the City Council’s acceptance of the Notice of Completion for the final pha
Improvements. Each request must be accompanied by documents indicating clear til
refund unless the request is being made by the party which originally paid the taxes tc
under a prepayment agreement or to CFD No. 2.
d) The Finance Director shall compute the amount of the refund due each
described above. Funds may be disbursed to the eligible parties following Council ap
such refunds.
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e) If the City does not receive requests for refund from all eligible parities VI
specified period, and all funds cannot be disbursed as provided by this section, any rt
funds shall be held in a special fund to be used to support road and roadway mainte
and around the Improvements area, as determined to be necessary by the City Engin
approved by the City Council.
there is a change in name or
or relieve Property Owner of
including but not limited to Carlsbad Municipal Code Titles 18, 19, 20 and 21.
12. Compliance with the provisions of this agreement is a condition of i
discretionary approval for the Improvements Property Owner does not comply
provisions of this agreement, approval of the Project will not be consistent with the Genc
the Growth Management Program, and the Local Facilities Management Plan,
subsequent discretionary approvals and permits for the Project may be withheld by City
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13. In addition, the City will not approve any pending final maps, issue 6
building or other development permits or take any discretionary action until the Property
has complied with the terms of this agreement due to be satisfied at the time such app
required.
14. The City may, at its discretion, elect to pursue any remedy, legal or e
the Project to secure compli
wners buildings, as a result o
inure to the b
Property Owner. Notices required to be given to Property Owner shall be addressed as
Notices to the City shall be delivered to:
Fin an ce Director
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
Notices to Property Owner shall be delivered to:
John T. Newcomb
Jenna Group, Inc.
3101 Villa Way
Newport Beach, CA 92663
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Each party shall notify the other immediately of any change that would require an
delivered hereunder to be directed to another party.
18. This agreement shall be recorded but shall not create a lien or security in
19. The undersigned Property Owner further states, under penalty of perjury
”, or an authorized agent of thc
uthorizations here
is owner of the property as described he
and has the authority to exec
Executed this
DARBY CREEW
California Limit
JENNA GROU
(Notarial acknowledgment of execution by PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corpoi only one officer signs, the corporation must attach a resolution certified by the secretary
assistant secretary under corporate seal empowering that officer to bind the corporation
APPROVED AS TO FORM:
RONALD R. BALL
9
. CALIFORNIA ALLPURPO @ ACKNOWLEDGMENT 0
Ex?
State of California
On December 4, 1997 beforeme, Lori Levine, Notary Public
personally appeared John T . N ewc omb
a personally known to me - OR - 17 proved to me on the basis of satisfactory evidence to be the person1
whose name(s) islare subscribed to the within instrumc
and acknowledged to me .that he/she/they executed t
same in his/her/their authorized capacity(ies), and that
his/her/their signature@) on the instrument the person(
or the entity upon behalf of which the person(s) act€
executed the instrument.
WITNESS my hand and official seal.
Dare Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Name(s) of Signer(s)
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could preve
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
TitleorTypeofDocument: Petition, waiver and Consent to Creation Of a Community Facilities District and Agreement tc
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's N~~~: John T . N ew c omb
0 Individual 0 Individual 2f Corporate Officer
0 Partner - 0 Limited 0 General 0 Partner - El Limited 0 General
0 Corporate Officer
Title(s): P r e s id en t Tit le (s) :
0 Guardian or Conservator C Guardian or Conservator
Signer Is Representin . Jenna Group, Ync., Member Darby Creek/
Carlsbad LLC
Signer Is Representing:
0 1995 National Notary Association * 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Fr
* CALIFORNIA ALL-PURP a ACKNOWLEDGMENT a
California
Lori Levine, Notary Public before me,
personally appeared Tohn T. Npwcomh
December 4, 1997
Date Name and Title of Officer (e g , "Jane Doe, Notary Public')
Narne(s) of Signer@) a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person
whose name(s) idare subscribed to the within instrumc
and acknowledged to me that he/she/they executed 1
same in his/her/their authorized capacity(ies), and that
his/her/their signature(s) on the instrument the person(
or the entity upon behalf of which the person(s) act(
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevc fraudulent removal and reattachment of this form to another document
Description of Attached Document
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
John T. Newcomb
0 Individual 0 Individual
181 Corporate Officer 0 Corporate Officer
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact C Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing:
Jenna Group, Inc.,
Darby Creek/Carlsbad
Signer Is Representing:
-%xxa.+4-%-*T%-a
0 1995 National Notary Association 8236 Remmet Ave , PO Box 7184 Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Fr
W 0 a.
EXHIBIT "A"
RATE AND METHOD FOR DETERMINING
FAIR SHARE OBLIGATION
RANCHO SANTA FE AND OLIVENHAIN ROAD
The City Council shall use the following rate and method for determining the f;
obligation for funding the construction of Rancho Santa Fe and Olivenhain Road c
COMMUNITY FAClLl
Facilities Distri
defined as follows for resi
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 determine
City 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
Engineer when such a determination is requested by the property owner. The City
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may request additional information from any property owner as may be necessary to r
determination. The City Engineer is not required to make a determination on the ni
EDU's for any project until adequate information is available.
The City Engineer's determination shall be submitted to the City Council in I
below. The City Council shall make the final determination of the number of EDU's to bc
computing the fair share obligation for an
amount shall be c
consideration of I as described below.
determined b
shall direct the
back for approval
the final map will be
2) If the property owner has already obtained a final map for units conditic
the financing of Rancho Santa Fe and Olivenhain Road, the property owner shall pay tc
the net amount due shown above prior to entering into this agreement.
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EXHIBIT "B"
LEGAL DESCRIPTION
CT 85-19
THE MEADOWLANDS
Being a subdivision of that portion of the South half of Section 19, and of the Northeast quar
of Section 30 in Township 12 South, Range 3 West, San Bernardino base and meridian, in 1
City of Carlsbad, County of San Diego, State of California, according to official plat there
described in a deed recorded December 30,1993 in file 1993-0888269.