HomeMy WebLinkAboutCT 92-03; Aviara Land Company; 1997-0296432; Petition & WaiverRECORDING REQUESTED BY If
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
I.., 249 OFFICIAL RECORDS SAN DIEGO CDUBTY RECORDER'S OFFICE
RF: 15.00 FEES: 37.00
,. GREGORY SHITHI COUNTY RECORDER
flF: 21.00 RF: 1.00
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A
J. WHEREAS, City and Property Owner desire to agree to a guarantee
which insures the project's fair share of the financing for the improvements described in
Paragraph 1 herein that will allow Property Owner to proceed with the processing of a
final map and development of the Project in advance of the formation of a Fee
Program for the construction of Aviara Parkway and Poinsettia Lane; and
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K. WHEREAS, City Council agrees that Property Owner, upon entering into
this Agreement and upon contribution of the fair share described herein, has met the
requirement set forth in the Local Facilities Management Plan for Local Facilities
Management Plan Zone 19 and related tentative map condition number 6 (as that
condition relates to the funding and construction of Poinsettia Lane) for Project to
follows:
0 Aviara Parkway from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane from Aviara Parkway to El Camino Real (Aviara Parkway and Poinsettia Lane)
The improvements proposed for inclusion include full width grading for an 82-foot wide major arterial roadway within a
improvements, and two 18-foot wide paved travel lanes, 102-foot wide road right-of-way, with related drainage
median curbs along both edges of a raised unimproved median strip for Polnsettia Lane from Aviara Parkway to El Camino Real and Aviara Parkway from Poinsettia Lane to Palomar Airport Road, all built to City of Carlsbad major arterial standards.
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4. c.) Property Owner is obligated by condition 4 of the tentative tract
map revision approved for the Project, pursuant to Planning Commission Resolution
No. 3947, to construct the portion of Poinsettia Lane within the boundaries of the
Project. The portion of Poinsettia Lane within the boundaries of the Project is within the
Fee Program and represents Property Owner’s fair share contribution for the
improvements described in Paragraph 1. No further contribution is due from Property
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Owner and no reimbursement will be due to the Property Owner for the construction of
said improvements.
4. d.) The submittal of a secured agreement for the construction of the
improvements, the construction of the improvements by the Property Owner, the
acceptance of the improvements by City Council, and the contractual covenant created
by this Agreement satisfies Prope&@
the improvements described in Paragraph 1 above. ,I,~:i:,:i:l: ,.,,.,...,,.,.,, ~ .,,.., :::
6. Property Owner hereby waives its right to challenge the
establishment or imposition of Fee Program. Property Owner's waiver of its right to
challenge the establishment or imposition of Fee Program shall not prevent Property
Owner from protesting the amount of the fee or extent of the improvements for Aviara
Parkway and Poinsettia Lane.
7. This Agreement does not affect, in any way whatsoever, the
obligation of Property Owner to pay any other fees or assessments associated with
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Property Owner's development, nor does this Agreement relieve Property Owner from
providing other public facilities required under conditions of the Local Facilities
Management plan for Zone 19 or placed upon Tentative Map CT 92-03 by the City.
8. Upon completion of construction and City Council's acceptance of
the improvements described in Paragraph 4c above, the Property Owner may elect to
the General Plan, the Growth Management Program, the Local Facilities Management
Plan, or the applicable financing plan for Zone 19 and all subsequent discretionary
approvals and permits for the Project shall be withheld by City.
11. The City may, at its discretion, elect to pursue any remedy, legal or
equitable against Property Owner or Property Owner's successors, heirs, assigns, and
transferees, with the exception of owners of individual lots for which building permits
have been issued, to secure compliance with this Agreement.
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12. City shall not, nor shall any officer or employee of City, be liable or
responsible for any loss or damage insured by Property Owner or any successor or
assign of Property Owner, or by any occupant in Project, as a result of the exercise of
any remedies provided to City in this Agreement. Property Owner agrees to indemnify
City for any liabilities incurred by City as a result of City’s exercise of these remedies.
Finance Director
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008
Each party shall notify the other immediately of any changes of address that
would require any notice delivered hereunder to be directed to another address.
15. The obligation and benefits of this Agreement shall be transferred
upon sale of the Project. As used in this Agreement, “Property Owner“ shall be the
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3wner of the real property which comprises the Project, except as to any real property
for which residential permits have been issued. Notwithstanding any provision of this
4greement to the contrary, upon written notice to the City pursuant to Paragraph 14
above, all obligations, benefits and responsibilities of this agreement shall move to the
new owner of the real property which comprises the Project.
Assistant Secretary I (Notarial acknowledgment of execution by PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporation. If only one ofticer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
City Amy RONALD R. BALL
c
EXHIBIT “A”
LEGAL DESCRIPTION
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Also excepting therefrom that portion of Section 27, Township 12 South, Range 4 West,
San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of
California according to Official Plat thereof (PA 23), being more particularly described
as follows:
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STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO } }SS.
On Mav 23.1997
Public
before me, Kathleen Anne Farlev, Notary
Medanskv
, personally appeared D.L. Clemens and Scsott
personally known to me (or proved
to the within instrument and acknowledged to me that he/she/they executed the same in to me on the basis of satisfactory evidence) to be the person(s) whose name($ idare subscribed
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
,
WITNESS my hand and official seal.
Signature