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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: 1.00 250 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 2 h 251 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. 3 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 4 253 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 5 1 254 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. 6 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 I 7 256 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 9 -? 258 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: 10 253 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