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Home My WebLink About2006-017 Centex Homes Dove Creek - Subdivision Annexation ICITYOF AS ADERO DG CONTRACT#- m=r) JULIE RODEWALD San Luis Obispo County—Clerk/Recorder 511612006 8:00 AM 0AM Recording Requested BY: Recorded at the request of First American Title Company D o C#: 2006033859 Titles: 1 Pages: 7 Fees 25.00 Taxes 0.00 When Recorded Mail To: Others 0.00 PAID $25.00 City Clerk City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBDIVISION ANNEXATION AND ASSESSMENT AND PARCEL TAX AUTHORIZATION DEFERRAL AGREEMENT TRACT 2626 (DOVE CREED This agreement ("Agreement") is made at Atascadero, California, effective as of a , 2006 (the "Effective Date"), by and between the City of Atascadero, a municipal corporation ("City") and Centex Homes, a Nevada general partnership ("Owner"), (together, sometimes referred to as the"Parties") to allow for approval and recordation of final maps for Tract 2626; Dove Creek (the"Project") prior to satisfaction of conditions of approval for the Project that required Owner to participate in a mechanism to provide funding for certain public services necessary for the Project. Recitals A. On September 14, 2004, the City approved the Project, which consists of 279 residential units and designated open space areas. Project approvals included a tentative tract map (TTM 2003-0033) (attached as Exhibit A and described in Exhibit B), rezoning of the Project property (ZCH 2004-0085), and a Master Plan of Development for Planned Development (CUP 2003-0099). B. Policy LOC 15.3 and Program LOC 15.3.8. of the City of Atascadero General Plan 2025 ("General Plan") requires the City to ensure that "adequate service capacity and facilities exist prior to approving new development." C. In satisfaction of Policy LOC 15.3 and Program LOC 15.3.8, Condition 14 of the conditions of approval for the Project's tract map (TTM 2003-0033) ("Condition No. 14") requires Owner, prior to the filing and approval of any final map for the Project, to participate in the creation of means to provide funding for the following public services costs (the"CFD Services Costs"): 1. All Atascadero Police Department service costs to the Project. 2. All Atascadero Fire Department service costs to the Project. 3. All off-site common City park facilities maintenance service costs related to the Proj ect. D. In addition, Condition 15 of the conditions of approval for the TTM 2003-0033 ("Condition No. 15")requires Owner, prior to filing and approval of any final map for the Project, to 2/23/06 9034.0 H&0:#30206 v2 I L:\Land Development\Active Projects\DOVE CREEMAgreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC establish a homeowner's association(the "HOA") to fund the maintenance of various tract improvements. The HOA has been established but City and Owner have agreed that one of the tract improvements consisting of approximately 1,500 linear feet of landscaped median along the El Camino Real Project frontage(the"El Camino Real Landscaping") will be maintained through the levy of assessments of a landscaping and lighting maintenance district (the "LLMD"). (Condition No. 14 and Condition No. 15, as it relates to the El Camino Real Landscaping, shall be referred to collectively as the "Cost Recovery Condition"). E. Owner has indicated that it is ready to file a final map for the Project, but City and Owner have not yet completed the process of creating the means of satisfying the Cost Recovery Condition. F. The purpose of this agreement is to defer Owner's satisfaction of the Cost Recovery Condition so that Owner may file a final map for the Project. G. City and Owner, by this Agreement, are implementing the Cost Recovery Condition. AGREEMENT With reference to the foregoing Recitals and in consideration of the mutual provisions, obligations and covenants herein contained, City and Owner agree as follows: 1. Recitals The foregoing Recitals are true and correct and are made a part hereof. 2. Support for Districts. (a) In order to satisfy the Cost Recovery Condition with respect to the CFD Services Costs, Owner shall support and take any and all actions necessary to create a community facilities district ("CFD")pursuant to Government Code Section 53311, et sem., that includes the Project, or annex the Project into the City's Community Facilities District No. 2005-1 ("CFD No. 2005-1"). The amounts of the annual special taxes and rate of escalation of such annual special taxes of the CFD (the "Special Taxes") shall not exceed the amounts and rate of escalation currently authorized in CFD No. 2005-1. (b) In order to satisfy the Cost Recovery Condition with respect to the El Camino Real Landscaping, Owner shall support and take any and all actions necessary to create a LLMD pursuant to Streets and Highways Code Section 22500, et M., that includes the Project, or annex the Project into an existing LLMD of the City as a separate benefit area within such LLMD, solely for the purpose of levying annual assessments (the"Assessments") for the maintenance of the El Camino Real Landscaping. The amount of the Assessments and the methodology for allocating the Assessment to the Project shall comply with applicable law. Owner specifically understands that any Assessments levied by the LLMD may be structured to increase automatically for inflation. 3. Submission of Ballot(s) in Favor of Special Taxes and Assessments. Subject to compliance with the terms of this Agreement, upon receipt of a ballot regarding the Special Taxes and Assessments that shall be annually imposed within the CFD and LLMD, respectively, Owner shall promptly indicate its support for such Special Taxes and Assessments by marking each ballot and submitting it as instructed in the ballot materials. 2/23/06 9034.0 H&0:#30206 v2 2 L:ALand Development\Active ProjectsOOVE CREEKAAgreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC 4. Restrictions on Conveyances and Transfers of Title. Owner shall neither convey or otherwise transfer title to any residential parcel in the Project nor lease any unit in the multifamily portion of the Project until the earlier of(i) August 1, 2006 or(ii) the day following the elections to authorize the Special Taxes and Assessments. Owner may,however, enter into reservation contracts with potential purchasers of residential parcels within the Project, provided that such contracts include a prominent warning that shall be reviewed by and acceptable to the City identifying the existence of this Agreement and summarizing its critical requirements. 5. Recordation of Agreement. Concurrently with the recordation of the Final Map, the Owner shall record this Agreement in the chain of title for all the residential parcels in the Project, including the multifamily portion, such that this Agreement will be identified in any title report prepared for a potential purchaser of a residential parcel in or the multifamily portion of the Project. This Agreement shall terminate automatically as to any lot upon which a residential structure has been completed at such time as the lot is conveyed to an individual homebuyer. 6. Acceptance of Final Map. City shall not withhold approval of the final map for the Project prior to establishment of the CFD and LLMD and authorization of the Special Taxes and Assessments provided that the Project is in substantial compliance with all other conditions of approval and in full compliance with applicable laws. 7. Severability and Integration of Agreement. This Agreement is an integrated agreement containing the entire understanding of the Parties regarding the matters addressed herein. No amendment or variation of the terms of this Agreement shall be effective unless made in writing and executed by both parties. In the event that any provision of this agreement is finally held or determined to be illegal or void by a court having jurisdiction, the remaining portions of the Agreement remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement. CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corpor a Nevada corpora its Managing Geral P rtner By: Travis entez Division President 2123106 9034.0 H&0:#30206 v2 3 LALand Development\Active ProjectsTOVE CREEMAgreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC CITY OF ATASCADERO In APOc Wa e McKinney, City Manager Attests C Marcia Mc ure!*fgr`�rson, City Clerk Appro <,a to Fore r atrick nri ity Attorney Y 2/23/06 9034.0 H&0:#30206 v2 4 L land Development\Active Projects\DOVE CREEMgreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On 3/03/06 ,before me, L hz4-0 M &VA�e , a Notary Public in and for said state, personally appeared personally known tome(�ed-torrrte o )to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNE S my h d official seal. (AAA St7l� LYNETM M.MRNETT Nota is in and for said State Commission#1504903 Notary Public-Cailfomia wiv San Luis Obispo County y Comm.Expires Aug 1.2008F STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On ,before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 2123106 9034.0 H&0:#30206 v2 5 L:1Land DevelopmentlActive ProjectsOOVE CREEK\AgreementsUty CFD DefferrallDOCS-30206-v2-Deferral Agreement.DOC EXHIBIT A MAP OF SUBDIVISION --T-RAC-T-2626-(TTM 2003-0033)_ CAM/N 0 OA-4 6 EEK U) \� z � h j HCA cD I � HOA-3� iD ` O 0 400 800 0 1 INCH =400 FEET _ \ EXHIBIT B LEGAL DESCRIPTION OF SUBDIVISION Tract 2626 in the City of Atascadero, County of San Luis Obispo, State of California, according to map filed for record 4-2!Z�-Ob ,ZW in Book at Pages of Map Books, in the office of the County Recorder of said County. Agreement Exhibit B -Page 1 END OF DOCUMENT CITY OF ATAs ADFiO 7 LJ CONTRACTMk2i_ Recording Requested By: AJOM When Recorded Mail To: l_.r-_ / —��.-- City Clerk (/ City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 SUBDIVISION ANNEXATION AND ASSESSMENT AND PARCEL TAX AUTHORIZATION DEFERRAL AGREEMENT TRACT 2626 (DOVE CREED This agreement ("Agreement") is made at Atascadero, California, effective as of a > 2006 (the "Effective Date"),by and between the City of Atascadero, a municipal corporation("City") and Centex Homes, a Nevada general partnership ("Owner"), (together, sometimes referred to as the "Parties") to allow for approval and recordation of final maps for Tract 2626; Dove Creek(the"Project") prior to satisfaction of conditions of approval for the Project that required Owner to participate in a mechanism to provide funding for certain public services necessary for the Project. Recitals A. On September 14, 2004, the City approved the Project, which consists of 279 residential units and designated open space areas. Project approvals included a tentative tract map (TTM 2003-0033) (attached as Exhibit A and described in Exhibit B), rezoning of the Project property (ZCH 2004-0085), and a Master Plan of Development for Planned Development (CUP 2003-0099). B. Policy LOC 15.3 and Program LOC 15.3.8. of the City of Atascadero General Plan 2025 ("General Plan")requires the City to ensure that "adequate service capacity and facilities exist prior to approving new development." C. In satisfaction of Policy LOC 15.3 and Program LOC 15.3.8, Condition 14 of the conditions of approval for the Project's tract map (TTM 2003-0033) ("Condition No. 14") requires Owner, prior to the filing and approval of any final map for the Project, to participate in the creation of means to provide funding for the following public services costs (the"CFD Services Costs"): 1. All Atascadero Police Department service costs to the Project. 2. All Atascadero Fire Department service costs to the Project. 3. All off-site common City park facilities maintenance service costs related to the Project. D. In addition, Condition 15 of the conditions of approval for the TTM 2003-0033 ("Condition No. 15")requires Owner, prior to filing and approval of any final map for the Project, to 2/23/06 9034.0 H&0:#30206 v2 1 L:\Land Development\Active Projects\DOVE CREEMAgreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC establish a homeowner's association(the"HOA") to fund the maintenance of various tract improvements. The HOA has been established but City and Owner have agreed that one of the tract improvements consisting of approximately 1,500 linear feet of landscaped median along the El Camino Real Project frontage (the"El Camino Real Landscaping") will be maintained through the levy of assessments of a landscaping and lighting maintenance district(the "LLMD"). (Condition No. 14 and Condition No. 15, as it relates to the El Camino Real Landscaping, shall be referred to collectively as the "Cost Recovery Condition"). E. Owner has indicated that it is ready to file a final map for the Project,but City and Owner have not yet completed the process of creating the means of satisfying the Cost Recovery Condition. F. The purpose of this agreement is to defer Owner's satisfaction of the Cost Recovery Condition so that Owner may file a final map for the Project. G. City and Owner,by this Agreement, are implementing the Cost Recovery Condition. AGREEMENT With reference to the foregoing Recitals and in consideration of the mutual provisions, obligations and covenants herein contained, City and Owner agree as follows: 1. Recitals The foregoing Recitals are true and correct and are made a part hereof. 2. Support for Districts. (a) In order to satisfy the Cost Recovery Condition with respect to the CFD Services Costs, Owner shall support and take any and all actions necessary to create a community facilities district("CFD") pursuant to Government Code Section 53311, etLe ., that includes the Project, or annex the Project into the City's Community Facilities District No. 2005-1 ("CFD No. 2005-1"). The amounts of the annual special taxes and rate of escalation of such annual special taxes of the CFD (the "Special Taxes") shall not exceed the amounts and rate of escalation currently authorized in CFD No. 2005-1. (b) In order to satisfy the Cost Recovery Condition with respect to the El Camino Real Landscaping, Owner shall support and take any and all actions necessary to create a LLMD pursuant to Streets and Highways Code Section 22500, et seq., that includes the Project, or annex the Project into an existing LLMD of the City as a separate benefit area within such LLMD, solely for the purpose of levying annual assessments (the"Assessments") for the maintenance of the El Camino Real Landscaping. The amount of the Assessments and the methodology for allocating the Assessment to the Project shall comply with applicable law. Owner specifically understands that any Assessments levied by the LLMD may be structured to increase automatically for inflation. 3. Submission of Ballot(s) in Favor of Special Taxes and Assessments. Subject to compliance with the terms of this Agreement, upon receipt of a ballot regarding the Special Taxes and Assessments that shall be annually imposed within the CFD and LLMD, respectively, Owner shall promptly indicate its support for such Special Taxes and Assessments by marking each ballot and submitting it as instructed in the ballot materials. 2123106 9034.0 H&0:#30206 v2 2 L:\Land Development\Active Projects\DOVE CREEMAgreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC 4. Restrictions on Conveyances and Transfers of Title. Owner shall neither convey or otherwise transfer title to any residential parcel in the Project nor lease any unit in the multifamily portion of the Project until the earlier of(i) August 1, 2006 or(ii)the day following the elections to authorize the Special Taxes and Assessments. Owner may',however, enter into reservation contracts with potential purchasers of residential parcels within the Project, provided that such contracts include a prominent warning that shall be reviewed by and acceptable to the City identifying the existence of this Agreement and summarizing its critical requirements. 5. Recordation of Agreement. Concurrently with the recordation of the Final Map, the Owner shall record this Agreement in the chain of title for all the residential parcels in the Project, including the multifamily portion, such that this Agreement will be identified in any title report prepared for a potential purchaser of a residential parcel in or the multifamily portion of the Project. This Agreement shall terminate automatically as to any lot upon which a residential structure has been completed at such time as the lot is conveyed to an individual homebuyer. 6. Acceptance of Final Map. City shall not withhold approval of the final map for the Project prior to establishment of the CFD and LLMD and authorization of the Special Taxes and Assessments provided that the Project is in substantial compliance with all other conditions of approval and in full compliance with applicable laws. 7. Severability and Integration of Agreement. This Agreement is an integrated agreement containing the entire understanding of the Parties regarding the matters addressed herein. No amendment or variation of the terms of this Agreement shall be effective unless made in writing and executed by both parties. In the event that any provision of this agreement is finally held or determined to be illegal or void by a court having jurisdiction, the remaining portions of the Agreement remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement. CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corpor ' a Nevada corpora ' , its Managing G eral P ner By: Travis entez Division President 2/23/06 9034.0 H&0:#30206 Q 3 L:\Land Development\Active Projects\DOVE CREEMAgreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC CITY OF ATASCADERO c Wa e McKinney, City Manager Attest: Marcia�McClu�rergerson, City Clerk Approas to F 7 , atrick nri ity Attorney d 2123106 9034.0 H&0:#30206 v2 4 L:\Land Development\Active Projects\DOVE CREEMAgreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC i STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On 3/D3/06 , before me, (._, V\Z4"�_O IM BkrNeff, a Notary Public in and for said state, personally appeared C..,—.— ,personally known to me (orrr-wed-to o ) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNE S my h d official seal. VNETTE M.BARNETi Nota is in and for said State Commission#1504903 Notary Public-California j@My San Luis Obispo County Comm.Expires Aug 1,2008 STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On ,before me, , a Notary Public in and for said state, personally appeared ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 2123106 9034.0 H&0:#30206 v2 5 L:1Land Development\Active ProjectsTOVE CREEK1AgreementslCity CFD DefferrallDOCS-30206-v2-Deferral Agreement.DOC B d EXHIBIT A MAP OF SUBDIVISION TRACT 2626 (TTM 2003-0033) 2123106 9034.0 H&0:#30206 v2 6 L:1Land Development\Active Projects\DOVE CREEK1Agreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC S EXHIBIT B LEGAL DESCRIPTION OF SUBDIVISION 2123/06 9034.0 H&0:#30206 v2 7 LALand Development\Active Projects\DOVE CREEK1Agreements\City CFD Defferral\DOCS-30206-v2-Deferral Agreement.DOC