Loading...
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 o$glk: KgfiS 5%. UIE;;~ ~~fil~y PEgiRDBis 0~;lc GFEGiJy Ja ?djiitIf& G"jT';' A";F$;ilEE FEES: -i?-, I( y; 9 8 3 is: -7 5 984 w -. L 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. 2 w 0 985 .. 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. 3 L. W w 986 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. 4 c v W 0 L. 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 5 w m 98 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. 6 W 0 9 F3? 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 7 W W 9: .. 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 8 e 0 .. 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 10 'c W e 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. 11 w a *I J a >b 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.