HomeMy WebLinkAbout; Jaramillo, Luis Anthony & Jennifer; 2024-0062787; Neighborhood Improvement Agreement/ReleaseRECORDING REQUESTED BY:
Land Development Engineering
CITY OF CARLSBAD
1635 Faraday Avenue
Carlsbad, CA 92008
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2024-0062787
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Mar 13, 2024 11 :24 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $122.00 (SB2 Atklns: $75.00)
PAGES: 12
Space above this line for Recorder's use.
CITY OF CARLSBAD
NEIGHBORHOOD IMPROVEMENT AGREEMENT
Permit No.
Parcel No.
NIA No.
CBR2023-4584
207 -063-25-00
EAGREE2024-0003
THIS AGREEMENT (the "Agreement") is made this 1 st day of February 2024 by and
between the City of Carlsbad, a municipal corporation (the "City"), and, Luis Anthony
Jaramillo and Jennifer Jaramillo, Husband and Wife as Joint Tenants (the "Owner").
RECITALS
1. Owner is the owner of real property located in the City of Carlsbad, California and
described in Exhibit 'A' attached hereto and incorporated herein by this reference (the
"Property").
2. Owner has applied to the City for issuance of the above identified perm it to authorize the
development of the Property (the "Development Perm it").
3. The City has determined that additional public improvements may be necessary in the
future in order to allow Owner to proceed with development and, therefore, the Property
would be suitable for development as requested by Owner if certain public improvements
as described in Exhibit B attached hereto and incorporated herein by this reference (the
"lmprovements") are constructed.
4. The Municipal Code of the City of Carls bad requires the dedication of the necessary rights-
of-way for and the construction by Owner of the lmprovements or an agreement
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for the same for certain developments or building projects such as that proposed by
owner.
5. The Owner has requested that the City approve the Development Permit prior to the
construction of the lmprovements.
6. The City is willing to approve the Development Permit prior to the construction of the
lmprovements as requested by the Owner if Owner approves of and consents to the
formation of an assessment district to include the Property for the purpose of financing the
construction of the lmprovements.
7. For properties subject to the Alternative Streets Design process adopted by City Council
Resolution, no assessment district shall be formed until completion of the Alternative
Streets Design process.
NOW, THEREFORE, IT IS AGREED between the parties as follows:
Section 1. Reeltals. The foregoing recitals are true and correct.
Section 2. Clty's Obligations. The City shall approve the Development Permit promptly
following the execution of this Agreement by the Owner and compliance with all applicable City
ordinances and other requirements.
Section 3. Owner's Obligations.
Section 3.01 . Owner's Consent to and Approval of Formation of an Assessment
District and Levy of Assessments. In consideration for the approval of the Development Permit
prior to the completion of the construction of the lmprovements, Owner hereby consents to and
approves of:
A. the inclusion of the Property in an assessment district which may be formed by the City Council
of the City for the purpose of financing the construction of the lmprovements (the "Assessment
District");
B. the levy of an assessment against the Property (the "Assessment') in an amount not to exceed
the estimated cost of construction of the lmprovements, together with the estimated incidental
costs of such construction and the estimated costs of formation of the Assessment District and
issuance of any bonds to be issued to represent the Assessment. The foregoing costs constituting
the Assessment are set forth in Exhibit C attached hereto and incorporated herein by this
reference. The Assessment shall be subject to adjustment for inflation from the date first written
hereinabove until the date the Assessment is confirmed and levied by the increase in the
Construction Cost Index for Los Angeles as contained in the Engineering News Record or, if the
Construction Cost Index for Los Angeles is no longer published, an equivalent index reasonably
selected by the City Engineer. In granting the consents and approvals set forth in this Section 3.,
Owner is acting for and on behalf of Owner, the Owner's successors, heirs, assigns, and/or
transferees and intends that such consents and approvals shall be binding upon each and every
such person.
Except as otherwise provided for in this Agreement, the consents and approvals given by
Owner shall be irrevocable.
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Section 3.02 Owner's Grant of a Proxy to the City for Assessment Ballot
Procedure. Owner hereby grants to the City a proxy to aet for and on behalf of Owner, the Owner's
successors, heirs, assigns, and/or transferees for the limited purpose of completing and
submitting an assessment ballot in support of the levy of the Assessment in the proceedings to
form the Assessment Distriet.
In granting such proxy, Owner is aeting for and on behalf of Owner, the Owner's
successors, heirs, assigns, and/or transferees and intends that such proxy shall be binding upon
each and every such person.
Except as otherwise provided for in this Agreement, the proxy granted by Owner shall be
irrevocable.
Section 4. Owner's Representations and Waiver of Rights.
Section 4.01 Owner's Representations. Owner hereby represents as follows:
A. Owner understands and acknowledges that:
1. Article XIIID of the Constitution of the State of Califomia ("Article XIIID")
and the Proposition 218 Omnibus Implementation Aet (Government Code Seetion
53750 and following) (the "Implementation Aet") (Article XIIID and the
Implementation Aet may be referred to collectively as the "Assessment Law")
establish certain procedures and requirements which apply when any agency such
as the City considers the levy of assessments upon real property.
2. The requirements established by the Assessment Law include the
following:
a. The proportionate special benefit derived by each parcel to be
assessed must be detennined in relationship to the entirety of the capital
cost of the improvement for which the assessment is to be levied;
b. No assessment may be imposed on any parcel which exceeds the
reasonable cost of the proportional special benefit conferred on that parcel
from the improvement for which the assessment is to be levied;
c. Only special benefits are assessable; and
d. Parcels within an assessment district that are owned or used by any
agency, the State of Califomia or the United States of America shall not be
exempt from assessment unless the agency proposing to levy the
assessment can demonstrate by clear and convincing evidence that those
publicly owned parcels in faet receive no special benefit from the
improvement for which the assessment is being levied.
3. The procedures established by the Assessment Law include:
a. The agency which proposes to levy an assessment (the "Agency")
shall identify all parcels which will have a special benefit conferred upon
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them from the improvement for which the assessment is proposed to be
levied and upon which an assessment is proposed to be imposed.
b. All assessments must be supported by a detailed engineer's report
prepared by a registered professional engineer certified by the State of
California.
c. Prior to levying a new assessment , the Agency must give written
notice by mail (the "Assessment Notice") to the record owner, i.e., the
owner of a parcel whose name and address appears on the last equalized
secured property tax roll, of each parcel proposed to be assessed. The
Assessment Notice must include: (i) the total amount of the proposed
assessment chargeable to the entire assessment district, (ii) the amount
chargeable to the record owner's parcel, (iii) the duration ofthe assessment
payments, (iv) the reason for the assessment, (v) the basis on which the
amount of the proposed assessment was calculated, and (vi) the date, time
and location of a public hearing on the proposed assessment.
d. The Assessment Notice must contain an assessment ballot that
includes a place where the person retuming the assessment ballot may
indicate his or her name, a reasonable identification of the parcel, and his
or her support or opposition to the proposed assessment. The Assessment
Notice must also include, in a conspicuous place, a summary of the
procedures for the completion, return and tabulation of assessment ballets.
e. At the time, date and place stated in the Assessment Notice, the
Agency shall conduct a public hearing upon the proposed assessment. At
such public hearing , the Agency shall consider all objections or protests, if
any, to the proposed assessment. At such public hearing, any interested
personshall be permitted to present written or oral testimony.
f. At the conclusion of the public hearing, the Agency shall tabulate
the assessment ballots submitted, and not wlthdrawn, in support or
opposition to the proposed assessment. lf there is a majority protest
against the imposition of a new assessments, the Agency may not impose
the assessment. A majority protest exists if the assessment ballets
submitted, and not withdrawn, in opposition to the proposed assessment
exceed the assessment ballets submitted, and not withdrawn, in favor of
the proposed assessment. In tabulating the assessment ballets, the
assessment ballots shall be weighted by the amount of the proposed
assessment to be imposed upon each parcel for which an assessment
ballot was submitted.
4. The description of the requirements and procedures established by and
contained in the Assessment Law set forth above are intended only to summarize
certain of such requirements and procedures.
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5. The City would not agree to issue the Development Permit prior to the
construction of the lmprovements unless the City is assured that it will be legally
able to impose the Assessment on the Property. The assurance of the City's legal
ability to impose the Assessment on the Property is both a material inducement to
and a material consideration for the City to enter into this Agreement and agree to
issue the Development Permit prior to the construction of the lmprovements.
8. Owner has had a reasonable opportunity to thoroughly read and review the
Assessment Law in its entirety and has further had a reasonable opportunity to
consult with Owner's attomey regarding the Assessment Law and the terms and
conditions of this Agreement.
Section 4.02 Waiver of Rights
A. In consideration of the approval by the City of the Development Permit prior to the
construction of the lmprovements, Owner hereby waives Owner's rights under the
Assessment Law to:
B.
C.
Section 5.
1. object or protest the ordering by the City of the construction of the
lmprovements and the imposition of the Assessment at such public hearing so long
as the amount of the Assessment does not exceed the amount set forth In Exhibit
C hereto adjusted for inflation pursuant to Section 3.01 B above;
2. submit an assessment ballot in support of or in opposition to the imposition
of the Assessment so long as the amount of the Assessment does not exceed the
amount set forth in Exhibit C hereto adjusted for inflation pursuant to Section 3.01 B
above;and
3. file or bring any protest, complaint or legal action of any nature whatsoever
challenging the validity of the proceedings to form the Assessment District and/or
the validity of the imposition of the Assessment on the Property.
In order that the City may be assured of its ability to legally impose the Assessment
on the Property and, therefore, be willing to enter into this Agreement and agree
to approve the Development Permit prior to the construction of the lmprovements,
Owner represents and warrants that Owner has knowingly, intelligently and
voluntarily waived for and on behalf of Owner, Owner's successors, heirs, assigns
and/or transferees, each and every one of the rights specified in Section 4.02A
above.
For properties subject to the Alternative Streets Design process adopted by City
Council Resolution, nothing in this waiver of rights section is intended to waive the
owner's ability to participate in the Alternative Streets Design process.
Alternative Satlsfactlon of Owner's Obllgatlons
Owner's obligations under Section 3 above may be satisfied by paying the amount set
forth in Exhibit "C" adjusted for inflation at any time prior to the formation of the assessment in
which case a release of this Agreement shall be recorded in the office of the San Diego County
Recorder.
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Section 6. General Provisions.
Section 6.01 Conflict with Other Agreements or Requirements of the City. Except
as specifically provided in this Agreement, nothing contained herein shall be construed as
releasing Owner from any condition of development of the Property or requirement imposed by
any ether agreement with or requirement of the City.
Section 6.02 General standard of Reasonableness. Any provision of this
Agreement which requires the consent, approval, discretion or acceptance of any party hereto or
any of their respective employees, officers or agents shall be deemed to require that such
consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision
expressly incorporates a different standard.
Section 6.03 Entire Agreement: Amendment. This Agreement contains all of the
agreements of the parties hereto with respect to the matters contained herein and no prior or
contemporaneous agreement or understandings, oral or written, pertaining to any such matters
shall be effective for any purpose. No provision of this Agreement may be modified,
waiver, amended or added to except by a writing signed by the party against which the
enforcement of such modification, waiver, amendment or addition is or m~y be sought.
Section 6.04 Notices. Any notice, payment or instrument required or permitted
by this Agreement to be given or delivered to either party shall be deemed to have been received
when personally delivered or seventy-two (72) hours following deposit of the same in any United
States Post Office in Califomia, registered or certified, postage prepaid, addressed as follows:
Owner:
City:
Luis Anthony Jaramillo and Jennifer Jaramillo
3805 Alder Ave
Carlsbad, CA 92008
City of Carlsbad
Attn: City Manager
1200 Carlsbad Village Dr
Carlsbad CA 92008
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the ether party.
Sectjon 6.05 Successors and Assians. This Agreement shall be binding upon
and inure to the benefit of the successors and assigns of the parties hereto.
Section 6.06 Goveming Law. This Agreement and any dispute arising hereunder
shall be governed by and interpreted in accordance with the laws of the State of Califomia.
Section 6.07 Waiver. Failure by a party to insist upon the strict performance of
any of the provisions of this Agreement by any other party, or the failure by a party to exercise its
rights under the default of any other party, shall not constitute a waiver of such party's right to
insist and de mand strict compliance by any other party with the terms of this Agreement thereafter.
Section 6.08 Singular and Plural: Gender. As used herein, the singular of any
work includes the plural, and terms in the masculine gender shall include the feminine.
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Section 6.09 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed an original.
Section 6.10 Construction of Agreement. This Agreement has been reviewed by
legal counsel for both the City and the Owner and shall be deemed for all purposes to have been
jointly drafted by the City and the Owner. No presumption or rule that ambiguities shall be
construed against the drafting party shall apply to the interpretation or enforcement of this
Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a
whole and in accordance with its fair meaning and not strictly for or against any party and
consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder.
The captions of the sections and subsections of this Agreement are for convenience only and
shall not be considered or referred to in resolving questions of construction.
Section 6.11 Recitals: Exhibits. Any recitals set forth above and any attached
exhibits are incorporated by reference into this Agreement.
Section 6.12 Authority of Signatories. Each signatory and party hereto hereby
represents and warrants to the ether party that it has legal authority and capacity and direction
from its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable such party to enter into this Agreement.
Section 7. Covenant Running with the Land. The parties hereto intend that the
burdens and obligations of the Owner under Section 3 above constitute a covenant running with
the land and that such covenant shall be binding upon all transferees of the Property.
[End of page. Next page is signature page.]
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[Signature Page]
Signed by the Owner this __ _._ __ day of (e ~ vv< ~~ , 20 ____ 2--_➔---
0VVNER: .. .....i 'f . 1• f ~ .,_~ Luis Anthony Jaramillo and Jennifer Jaramillo h14~nd wu WI t tlSJD tl 1u 11111 I~
(enter Owner's name h e as described in Title Report)
By:
Luis Anthony Jeramillo
(Print name here)
By:
Jennifer Jaramillo
(Print name here)
AD,
tion ofthe
S. GELDERT, P.E.
En ineering Manager
APPROVED AS TO FORM:
(Proper notary acknowledgement of execution by Owner must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must
sign for corporations. Otherwise, a corporation must attach a resolution certified by the secretary or
assistent secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
01125/13
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A nota ry public or other officer completing thls certificate verifles only the identity of the individual who sig ned the document
to whlch thls certlflcate is attached. and not the truthfulness, accuracy, or valldity of that document.
State of Callfornla Q . } Countyof S u.V"\ _,ego
On ~eb. j5+, d0d-Lf before me, ShC\{\~ Vo{ko, Qoh~ B.hl :~
O::,re I'\\ I I Here lns;rt Name and Tltle o~ ice'n
personally appeared Lu~$ MY\-+V\O(\y j'am \Il'\; 1( 0 ~{\ c) :te '(\v\ f ""'er
Name{s) of Slgner(s)
who proved tome on the basis of satlsfactory evldence to be the person(s) whose name(s) ls/are subscrlbed
to the wlthln Instrument and acknowledged tome that he/she/they executed the same In hls/her/thelr
authorlzed capacity(les), and thai by his/her/thelr slgnature(s) on the Instrument the person(s). or the entlty
upon behalf of whlch the person(s) acted, executed the Instrument.
l •. SHANEVOLKO I • CommiMlon No. 2442804 i t-lOTARY PUBLIC· CALll'ORNIA j t SAN DIEGO COUNTY l J Commilllon Expir9S Maroh 30, 2027 ~
I certlfy under PENAL TY OF PERJURY under the
laws of the State of Callfornla that the foregolng
paragraph Is true and correct.
WITNESS my hand and official seal.
Place Notary Seal and/ar Stamp Above
Signature .Jlt,w UON
Signature of Notary Public
OPTIONAL
Completlng thls information can deter alteration of the document or
fraudulent reattachment of thls form to an unlntended document
Oescrlptlon of Attached Document
Tltle or Type of Document: _________________________ _
DocumentDate: ___________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: _____________________ _
Capaclty(les) Clalmed by Slgner(s)
Slgner's Name: ___________ _ Slgner's Name: ___________ _
o Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _
o Partner -□ Llmlted o General □ Partner -o Umlted o General
o lndlvldual □ Attorney In Faet □ lndlvldual □ Attorney In Faet
o Trustee o Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: _____________ _ □ Other: _____________ _
Signer Is Representlng: ________ _ Signer Is Representlng: ________ _
0 2019 National Notary Association
01/25/13
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 8 OP CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY Of SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THER.EOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY
RECOROER OF SAN DIEGO COUNTY, APRJL 18, 1950.
EXCEPTINO THEREFROM THAT PORTION LYING SOUTHERLY OF ALINE OESCRJBEO AS FOLLOWS:
BEGINNINO AT THE MOST SOUTHER.L Y CORNER OF SAID LOT 8, SAID CORNER BEING ALSO ON THE
EASTERLV RIGHT OP WAY LINEOF ALDER AVENUE AS SHOWNON SAID MAP, SAIO RIGHTOF WAY
LINE BBING A 60.00 FEET RADIUS CURVE CONCA VE SOUTHWESTERL Y; TIIENCE NORTHWESTERL Y
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 45°09' 26" A DISTANCE OF 45.19
FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS NORTH 35° 34' 44" EAST AND THE TRUE
POINT OF BEOINNINO; THENCE LEAVING SATD CURVE, NORTl l 11° 32'20" EAST 29.00 FEET: TIIENCE
NORTH 67° 40' 04q EAST 64.94 FEET; THENCE NORTH 78° 34' 10" LOT EAST 304.04 FEETTO THE MOST
WESTERL V CORNER OF LAND DESCRJBED IN DEED TORA YMOND R. BINKLEY, ET UX, RECORDED
JANUARY 2, 1963 AS FILE NO. 1963-303 OF OFFICIAL RECORDS; THENCE ALONO THE NORTHERLY
LINE OF SAID 8I NKLEY'S LAND, NORTf-1 73° 03' 22" EAST 76.0 I FEET TO AN INTERSECTION WITH THE
NORTHEASTERLY LINE OF SAID LOT 8 DISTANT THEREOF NORTH 25° 29' 00" WEST, 90.00 F'EET FROM
THE SOUTHEASTERLY CORNER OF SAID LOT 8.
ALSO EXCEPTING THEREFROM LYING WITHIN ROAD SURVEY NO. 1800, AS GRANTED TO THE CITY
OF CARLSBAD TN DEED RECORDED JULY 8, 1969 AS DOCUMENT NO. 1969-122793 OF OFFICIAL
RECORDS.
01125/13
EXHIBIT B
DESCRIPTION OF THE IMPROVEMENTS
Street improvements extending to centerline of street including but not limited to
pavement preparation, sidewalks, curb and gutter, clear & grub, grading, fire hydrants,
street light, driveway approach, relocation of utilities.
01125/13
Pennlt#:
Date:
Entered By:
PAVING
BASE
SIDEWALK
CURB & GUTTER
PAVEMENT PREP.
CLEAR & GRUB ~
UNDERGROUND t.r ..
SEWER r
WATER ~
~
FIRE HYDRANT
STREET LIGHT
DRIVEWAY APROACH
SUBTOTAL
DESIGN (15%)
CONTINGENCY (20%)
ASSESS. DISTRICT COST
PLAN CHECK
INSPECTION
TOTAL
I
I
I
EXHIBIT C
THE ASSESSMENT
EAGREE2024-0003 I Frontage:(LF) I 70.19
Janus~ 261 20241
DrlveWay I Wldth:(LF) 16
S. Glass I Sldewalk Wldth:(LF) I 6
Quantity Cost
1298.515 SF $2272
1473.99 SF $1 032
325.14 SF $1 301
54.19 LF $1 084
1298.515 SF $649
2105.7 SF $737
70.19 LF $10 529
LF $0
LF $0
E
A $0
E
A $0
160 SF $1120
$18.723
$2808
$3 745
$2500
$449
$225
$28,451
Olll5/13