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Home My WebLink About97-31; Kalicki, Jan & Rosalind; 1997-0600501; Public Facilities Fee Agreement/ReleaseIr b RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 920081989 - , L. DOC u 1??7-0600501 HOW 26+ 1997. ii=12 fin OFFICIAL RECORDS 5 8 4 SAN DIEGO CDUNTY RECORDER’S OFFICE > GREGORYF;iSSl!ITH i COfU; RECORDER : . IllIll lllll Ill1 llllll IlljlJ IllI1 III lllll II1 Ill Space above this line for Recorder’s use 31 Parcel No. 206-&V - 20 cP9(1-08/ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 3@ day of %r , 19s by and between I- h IfWQWNDFk OS& (iw (name of developer-owner) a IIJD\UIOUJ+L , hereinafter referred to as “Developer” whose address (corporation, partnership, etc.) is 2-6~ c -a* c,b&’ LLfWJ (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “City”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit “A”, attached hereto and made a part of this agreement, hereinafter referred to as “Property”; and WHEREAS, the Property lies within the boundaries of City; and Form Approved By City Council July 2, 1991 Reso # 91-194/KJH 1 .h - > A 585 WHEREAS, Developer proposed a development project as follows: \5 on said Property, which development carries the proposed name of , (1 )c%N 1/2Lcoc~E and is hereafter referred to as “Development”; and WHEREAS, Developer filed on the 30 day of with the City a request for -l-kwrnV~ 7xi+uc qw “Request”; and hereinafter referred to as WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2,1991, on file with the City Clerk and incorporated by this reference, and that the City’s public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. D NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, 2 the parties agree as follows: Form Approved By City Council July 2, 1991 Reso # 91-194KJH Form 17 per Jane Mobaldi, Rev 01/l l/96 > 1 586 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in’an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms “other construction permits ‘I, “other construction permit” and “entitlement for use” as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall be- come a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. Form Approved By City Council July 2, 1991 Reso # 91-194KJH 3 Form 17 per Jane Mobaldi, Rev 01/l l/% 587 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City’s General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Form Approved By City Council July 2, 1991 Reso # 91-194KJH 4 Form 17 per Jay Mobaldi, Rev Ol/ll/% h 588 Developer at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer’s interest in the property shall have first assumed in writing the Developer’s obligations hereunder. 9. This agreement shall be recorded but shall not create a hen or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council July 2, 1991 Reso % 91-194KIH 5 Form 17 per Jane Mobaldi, Rev Ol/l l/96 C 589 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. (title) - (print name) WC (title) CITY OF CARLSBAD, a municipal cornoration of the State of California BY for City Ma f ger ATTEST: APPROVED AS TO FORM: RONALD R. BALL, City Attorney (Notarial acknowledgement of execution of DEVELOPER and OWNER must be attached). (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) Form Approved By City Council July 2, 1991 Reso # 91-194KJH 6 Form 17 per Jane Mobaldi, Rev Ol/ll/% - . . . - 590 EXHIBIT “A” LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 232 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 12-9-15, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE POINT OF INTERSECTION OF THE CENTER LINE OF JEFFERSON ST. AND THE CENTER LINE OF CHINQUAPIN AVENUE; THENCE SOUTH 61O21' WEST ALONG SAID CENTER OF CHINQUAPIN AVENUE A - DISTANCE OF 424.60 FEET TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN .TRACT OF LAND CONVEYED BY SOUTH COAST LAND COMPANY, A CORPORATION, TO ALEX LABETA AND MANUELA LABETA, BY DEED DATED 5-3-24 AND RECORDED IN BOOK 1019, PAGE 189 OF DEEDS, RECORDS OF SAID COUNTY, THENCE NORTH 28O39' WEST ALONG THE EASTERLY LINE OF THE LAND SO CONVEYED TO THE TJABETAS, A DISTANCE OF 410.36 FEET TO A POINT; THENCE NORTH 61O21' EAST A DISTANCE OF 424.60 FEET TO A POINT IN THE CENTER LINE OF JEFFERSON ST. THENCE SOUTH 28O39' EAST ALONG THE CENTER LINE OF JEFFERSON ST. A DISTANCE OF 410.36 FEET TO THE POINT OF BEGINNING. Form Approved By City Council July ‘2, 1991 Resa # 91-194/KJH 7 Form 17 per Jane Mobaldi, Rev 01/11/96 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon beh which the person(s) COUNTY OF I S.S. 2 FOR NOTARY SEAL OR STAMP r said County and State, personally personally known to me (or proved to me the basis of satis FOR NOTARY SEAL OR STAMP the person(s) whose the within instrument helshelthey execute authorized capacity(i signature(s) on the the entity upon be acted, executed the instrument. WITNESS my hand Signature TE 160 Legal (2-94) This form IS furmshed by Chicago Title Company